As an Advertising, Marketing and Promotions Law attorney, I explain to clients that the more testing to support their claims the better. BUT, it needs to be the right kind of testing too. Testing needs to test the product as intended to be used by the consumer in order for objective claims to be reasonably supported.

Solely relying on scientific data of ingredients separately, will probably not suffice to support claims made since such claims are made based on ingredients being mixed and acting together. Ingredients have the potential of acting differently when mixed with others. So, just because separately ingredients are known to act a certain way, it does not mean that once interacting with other ingredients, they will yield the same results.

In a recent decision, the National Advertising Division, (NAD), found that the product was not tested adequately. The “NAD determined that the substation offered…, standing alone or viewed collectively did not provide a reasonable basis to support its objective claims….” During the challenge, the NAD raised questions regarding the forms of test data used to make the claims. The… “NAD had a number of concerns with the testing including, for example: the consumer relevance of in vitro testing using a back skin mimic in the WVTR test; testing on the individual arrowroot powder and tapioca product ingredients instead of the actual product formulation in the moisture absorbance testing; the consumer relevance of applying the product to the back in order to demonstrate product efficacy on the underarm in the skin capacitance testing ; and unreliable methodology of the consumer use study due to lack of a placebo and a flawed screening question that created a significant potential for bias.” 

Best practice is to test your product as it is intended to be used, and in the formulation to be used by the consumer. Not sure where to start, I would be happy to guide you. #substantiationequalstrust #transparencyformstrust #advertisingandmarketinglawyer  #hispanicadvertisingandmarketingattorney

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