Ad Watchers’ episode four of season two provides advertisers insights into presenting evidence to support a claim at NAD. Eric Unis, Senior Attorney at the National Advertising Division (NAD), is joined by colleague Annie Ugurlayan, NAD’s Assistant Director, to walk listeners through what to expect when presenting a claim substantiation case.
Annie begins by explaining that no matter the claim type, the stronger it is, the stronger its supporting evidence must also be. She states that different types of evidence bear different weights. For instance, human trials are more persuasive than animal trials when supporting a claim regarding pharmaceuticals marketed toward people. Annie also points out that it isn’t just express claims that need substantiation. Implied claims hold the same burden of proof. She uses the example of a “nontoxic” claim which would lead consumers to expect no health risks, even transient risks, to occur from the use or misuse of the product. Companies that make such implied claims must be able to provide evidence to support them.
