Tag Archives: Claims

In Your Face – Where do you draw the line with denigration?



It is common for advertisers to engage in a little healthy competition, directly comparing their products to a competitor’s to inform consumers about the differences between them. But what happens when things get mean? It crosses the line when denigrating claims are false. 

The National Advertising Division’s (NAD) mission is to ensure that consumers are getting accurate advertising, to enhance trust in the marketplace. In this final episode of the season, hosts Annie and Eric discuss denigrating claims cases that have come before NAD and how our advertising lawyers break down when a line has been crossed.

Tune in to learn practical lessons for advertisers, lawyers, and marketing teams navigating competitor claims.

Related Resources:

Chapters

  • 00:00 – Intro & NAD Conference Reminder
  • 02:00 – Defining Denigrating Advertising
  • 03:00 – Goose Creek vs. Bath & Body Works: “Harmful chemicals” claims
  • 05:00 – Genexa vs. Johnson & Johnson: Ingredient comparisons gone wrong
  • 09:50 – Vrbo vs. Airbnb: “Host-free” campaign and implied disparagement
  • 11:00 – Tempur-Pedic vs. Sleep Number: “Air mattress” claims
  • 18:00 – Blue Buffalo vs. Mars Petcare: Comparative claims and consumer perception
  • 21:30 – Key Takeaways: Humor isn’t a defense, keep it narrow, expect challenges
  • 22:10 – Closing & Season Wrap

What Does it Mean to Have a “Reasonable Basis” Standard?



Advertisers are required to have a “reasonable basis” for their advertising claims, but what is “reasonable” in terms of support and the level and type of evidence needed? In this episode of the Ad Watchers, hosts Hal Hodes and La Toya Sutton break down the standard that helps us determine what is reasonable: the Pfizer Factors. Tune in to learn more about each of the factors that form the flexible framework for advertising law today.

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