Implied v. Express Warranty
What does your marketing campaign say?
Express warranties in your marketing campaigns usually come from the claims made, which hopefully are substantiated. The copy usually states the express warranty. But, what about the implied warranty of your advertising campaign? What can a reasonable person assume from your background, photo, video, music, etc? What are you saying without using words?
When reviewing marketing campaigns in English and Spanish, I usually look beyond the words. I look at your message through copy compared to everything else in the ad. I look for consistency in the message, both expressed and implied – you wouldn’t want to confuse your target audience. Your message must be clear and consistent throughout your marketing campaign regardless of the medium used, because such confusion could potentially lead to challenges and/or lawsuits.
Best business practice is to have legally compliant marketing campaigns with consistent implied and express warranties and messages, which could minimize legal risks and hefty fines from false and misleading advertising lawsuits or challenges.
Friendly reminder: Substantiation + transparency = TRUST! Any question? Feel free to contact me. https://calendly.com/audrey-advertisinglaw/30min
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