Define: Advertising Substantiation

Advertising substantiation refers to the legal requirement for advertisers to have evidence to support the claims made in their advertisements. It ensures that the claims are truthful, accurate, and not misleading.

Any claim that is likely to influence a consumer’s purchasing decision requires substantiation. This includes claims about product performance, efficacy, safety, price, discounts, testimonials, and comparisons with competitors.

The type and amount of evidence required for substantiation depend on the nature of the claim. Generally, advertisers must have competent and reliable scientific evidence, such as studies, tests, or expert opinions, to support their claims.

To determine if your evidence is sufficient, you should consider the specific claim being made, the target audience, the product or service being advertised, and the available scientific or expert support. Consulting with an attorney experienced in advertising law can help ensure compliance.

Yes, you can use consumer testimonials, but they must be genuine and represent the typical experience of consumers. If the testimonial makes a specific claim about the product’s performance, you must have substantiation for that claim.

Yes, comparative claims are allowed, but they must be truthful, accurate, and based on reliable evidence. You should avoid making false or misleading statements about your competitors’ products or services.

If you fail to substantiate your claims, you may face legal consequences, including lawsuits from consumers, regulatory investigations, fines, and damage to your reputation. It is crucial to ensure your advertising claims are supported by adequate evidence.

It is advisable to retain the substantiation evidence for as long as you continue to make the claims in your advertisements. Keeping the evidence for a reasonable period, typically five years, helps demonstrate compliance with advertising substantiation requirements.

While previous substantiation evidence can be helpful, it may not always be sufficient for new claims. Each claim should be evaluated individually, considering the specific evidence required to support it.

In the United States, the Federal Trade Commission (FTC) is the primary regulatory agency responsible for enforcing advertising substantiation requirements. Other agencies, such as the Food and Drug Administration (FDA) and the Consumer Product Safety Commission (CPSC), also have jurisdiction over specific industries.