Claims Substantiation/ Legal Research

Claims Substantiation/ Legal Research

It is important to carefully construct, execute and monitor every detail of research that may fall under legal scrutiny and potentially be discredited.

Having conducted hundreds of legal studies, FRC has expertise in designing research that meets the stringent standards expected by the courts and other authorities.

We carefully construct, execute and monitor every detail of “legal” projects, and our reports have been used as evidence in a variety of legal venues.

Claim Substantiation

Validate your advertising claim or challenge a competitive claim.

What Types of Claims Require Substantiation?

  • Preference versus specific competitor (“better taste than…” or “preferred over…”)
  • Competitive preference versus total category (“best tasting”)
  • Preference versus your own product (“new/improved”)
  • Parity claims (“as good as…”)
  • Matter of degree (agreement with a claim about your product)
  • Implied competitive superiority claim

What Are the Venues for the Claim?

  • Electronic Media
  • Print Media
  • Promotional vehicles
  • Packaging

Who Might Scrutinize the Claim?

  • Industry self-regulators (NAD, i.e., National Advertising Division of the Council of Better Business Bureaus)
  • TV and Cable Networks
  • Radio Networks
  • Government Agencies (e.g., FDA, FTC)
  • The Courts