Substantiating Advertising Claims for Newly Developed or Newly Acquired Products

March 16, 2018

Executive Summary

The development or acquisition of a new product or new product category can be a major engine that drives corporate growth. However, both comparative and monadic advertising claims about new products can pose significant challenges for corporate counsel and risks to their companies. The launch advertising for new products is crucial to the development of the new product's market share and consumers' perception of the product. Nothing can sabotage a new product's launch more than a legal, regulatory, or self-regulatory challenge. This panel discussed best practices for reducing the chance that a new product’s launch campaign is interrupted or altered by lawsuits, NAD challenges, or regulatory action.

Lawrence I. Weinstein
Proskauer Rose LLP

Laura Brett
Director, National Advertising Division
Advertising Self-Regulation Council (ASRC)

Kathryn Farrara
Senior Attorney, Marketing
Unilever United States, Inc.

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