Advertising Claim Substantiation: Challenging Competitor Claims and Substantiating Your Own
Executive Summary
Claim substantiation is a bedrock principle of advertising law, and clients constantly ask lawyers "what is enough substantiation?" Advertising lawyers also need to know how to analyze and test competitors' claims when the business team asserts that they are false. Speakers in this session discuss the basics of substantiating claims, from developing protocols, to conducting testing, to ensuring that the testing actually substantiates the claims the marketing team wants to make. Then they focus on how to analyze and test competitor claims (whether monadic or comparative), competitor products, and how to position a challenge of the competitor's claims to support your business team. Points of discussion will include, for example, when and what level of substantiation is required? The session also includes discussion topics such as defining key advertising terms relative to claims substantiation, such as "reasonable basis" and "competent and reliable evidence"; as well as how much substantiation is needed for different types of claims.
Speakers:
Barry Benjamin
Partner
Kilpatrick Townsend & Stockton LLP
Jeremy Schachter
Senior Counsel
Publicis RE:SOURCES
Nina Freedman
Senior Counsel, Commercial Retail, Marketing, and IP
Walgreens
Jen Fryhling
Assistant General Counsel
Meta