Can You Substantiate That Claim?

As marketers, we make a lot of claims about product or service performance and how we make customers' dreams come true. Let's face it, it's just more fun to write marketing copy without worrying about the legality of it all. But the truth is, careful steps need to be taken to protect yourself and your company from legal issues caused by claims made in marketing content. I spent four years leading claim substantiation efforts at a large, global corporation. Here are some things I learned:

 

• Claim Substantiation is the process of proving and documenting that the claims you plan to make are true. You must have reasonable proof and appropriate documentation in place before you make a claim.
• Some claims are explicit, meaning you have directly said them. Other claims are implied, meaning you didn't say it directly, but a reasonable person would assume it based on other statements you have made, or images you have used.
• Marketers and lawyers generally have different agendas. A marketer's job is to sell products or services, while a lawyer's job is to protect the company. When in doubt, run claims by your legal counsel. If they have a concern, listen!
• Marketers often make claims without realizing it. A claim is any statement you make about your product, service or business in an effort to generate sales for your company.
• You may be called upon to provide substantiation (proof of evidence) by customers, the government, or your competition.
• The level of required substantiation may be dictated by the level of risk associated with your product or service offering.
• Claim substantiation is required by the United States Federal Trade Commission (FTC). It is not optional.
• Businesses should have documented Claim Substantiation processes in place to ensure claims are tested, documented and reviewed before being published.

For more information about FTC requirements, visit the Truth in Advertising media center.

 



 

 

Kristina Marsh, founder of Marketing Flexibility, spent four years leading claim substantiation efforts at a large, global corporation. To contact Kristina with questions or to schedule your business process review, email kris@marketingflexibility.com.