Advertising Claim Substantiation Requirements and Legal Clearance Process

Kilpatrick
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Selling. It’s the lifeblood of capitalism and is ultimately a company’s primary goal. To sell, a company must distinguish itself in the marketplace, and the way to do that is often by making claims. However, the law requires that advertising claims that a product or service has a particular quality or attribute, or that it can do something better or different than its competitor, must be substantiated and truthful (not deceptive). Claim substantiation is a necessary and crucial part of the advertising legal compliance process.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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