Substantiation is evaluated using a “reasonable basis” test, and the level of substantiation that will suffice to establish a reasonable basis is determined based upon the following factors: (i) the type of product (ii) the type of claim (iii) the benefits of a truthful claim (iv) the cost of developing substantiation for the claim (v) the consequences of a false claim and (vi) the amount of substantiation that experts in the field believe is reasonable. Much of the time spent in the legal review of advertising focuses on these issues.
A deceptive claim is a “misrepresentation, omission, or other practice that misleads the consumer acting reasonably in the circumstances, to the consumer’s detriment.” All advertising claims-both express and implied-must be truthful and substantiated, and the substantiation must exist before the claim is made in advertising. The Federal Trade Commission exercises jurisdiction over “deceptive” advertising claims. This is the heart and soul of our practice, and we would be privileged to explore how we might be of assistance in reviewing your campaigns.
AD INFINITUM MEANING IN LAW LICENSE
How thorough must the honest marketer be in disclosing shortcomings about its product? What kind of dramatic license may be taken in showing how a product works? Must every statement in a commercial be literally true? While every advertisement is unique, the approach to reviewing marketing materials for legal compliance is not. The challenge is that, between these two extremes, there are advertising scenarios in which the proper legal approach is not always so clear. After all, how can statutes, rules, and regulations possibly reflect the creative sensibilities and marketing needs of the responsible advertiser and its advertising agency? But the fact is that the legal structure underlying the advertising business is generally well-intended, being designed to protect the unwary customer and restrain the unscrupulous marketer.
In creating effective messaging to accomplish this result, the need to assure legal compliance of all advertising claims may seem counterintuitive. But regardless of the style, format, or venue, the object of advertising remains constant: to convince the viewer or listener to buy the product. They may be highlighted in clearly informative copy, or softly delivered in sentimental music from the listener’s past. These claims may be boldly asserted or subtly suggested. See also Appendix:Legal translation dictionaries and Category:en:Law.From the ad agency “war room” to the advertiser’s boardroom, the driving force behind almost every advertising campaign is a set of compelling product claims. Moreover, some words may begin with inappropriate capitalization. For example, some terms listed may not be appropriate for a dictionary and should be removed. This is a list of legal terms taken from Wikipedia, as a result there may be many errors and omissions.
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