How do you substantiate a claim for being the favorite product in a particular community? Is is merely puffery to claim to be the favorite? Is the word “favorite” used objectively or subjectively?
In a recent decision, the NationalAdvertising Review Board (NARB) upheld the National Advertising Division’s (NAD) decision that in this particular case, the marketer’s favorite “…Claim was not puffery, but rather that it delivered a preference message which could be assessed by a survey or by market share data.” Given that the marketer had neither, and could not substantiate its “favorite” claim, the company was asked to withdraw such claim from its advertising.
Best business practice is to have your marketing campaigns reviewed to determine if your claim requires surveys, market share data, IP clearances, etc. It is preferable to address such legal compliance issues BEFORE launching publicly to attempt to avoid the cost of having to take the campaign down, fix it and relaunching it. Feel free to contact me with any questions.
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