Tag Archives: Advertising Claim

Time for a Health Claims Checkup?

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Health-related advertising claims are held to a higher standard of proof than other claims. For health-related claims, a “reasonable basis” requires advertisers to provide competent and reliable scientific evidence (CARSE). In this episode, your hosts Annie and Eric dig into the weeds of National Advertising Division cases on GLP-1, claims that certain foods could “boost brain health,” performance claims like “live longer” and “jump higher,” and other drug and dietary supplement claims, including those targeted to creating a “calm mood” in children.

Key Takeaways

00:00 Introduction to the National Advertising Division
00:56 Health Claims Overview
02:22 Regulatory Guidance on Health Claims
05:17 Competitor Challenges in Health Claims
08:38 Nutritional Claims and Evidence
11:31 Dietary Supplements and Drug Claims
14:24 Case Studies on Dietary Supplements
15:46 Advertising to Different Audiences
19:07 Claims in Sports Performance Products
22:26 Pain Relief Products and Evidence
23:51 Oral Care Products and Claims
28:36 Final Tips and Conclusion

Episode Show Notes: Revisiting the Best Podcast Episode Ever: What is Puffery?

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For the fifth episode of season two, hosts Eric Unis and Annie Ugurlayan reintroduce a fan favorite episode from season one. In this episode Eric makes his Ad Watchers debut as a guest,
joining hosts Hal Hodes and La Toya Sutton to discuss puffery.
There is no universal definition for this term, but La Toya provided the following description: “Puffery is an exaggerated, blustering, or boastful statement. Or a general claim that could only be understood as an expression of opinion, not a statement of fact.”

Continue reading Episode Show Notes: Revisiting the Best Podcast Episode Ever: What is Puffery? →

Episode Show Notes: The Best Podcast Episode Ever: What is Puffery?

The Ad Watchers Show Notes, , , , ,

In this fifth episode of the Ad Watchers series, hosts Hal and La Toya talk about puffery. There is no universal definition for this term, but La Toya provided the following description: “Puffery is an exaggerated, blustering, or boastful statement. Or a general claim that could only be understood as an expression of opinion, not a statement of fact.”

Continue reading Episode Show Notes: The Best Podcast Episode Ever: What is Puffery? →

How Do We Step into the Shoes of the Consumer?

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When you see an advertisement, you are likely taking in much more than just the words you are presented with. The visuals, sounds, and way the language is presented can all impact the implied messages that consumers take away. In general, advertisers are required to have a reasonable basis for all messages conveyed, whether express or implied – that’s the easy part. But figuring out what message(s) are conveyed in their advertising – and therefore what messages need to be substantiated – can be hard.  

In this month’s episode of Ad Watchers, Hal and La Toya walk listeners through NAD’s process when deciding what messages are reasonably conveyed by an ad under review. Later in the episode, they are joined by Professor Margaret C. Campbell of UC Riverside to provide a deeper understanding of how consumers take in and understand advertising messages. Listen now!  

For more information about this episode, read the show notes here. 

What’s the Recipe for a Proper Advertising Disclosure?

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While it may seem like a niche issue to some, disclosures are something every advertising lawyer needs to know about. On this episode of Ad Watchers, hosts Hal Hodes and La Toya Sutton break down the ‘Four Ps’ that advertisers must keep in mind when it comes to disclosures: prominence, presentation, placement, and proximity. Tune in to learn more about the ingredients you need for a properly disclosed advertising claim.

For more information about this episode, read the show notes here.