Kilpatrick Townsend

Insights: Publications

KTS Advertising Law Guides | Advertising Claim Substantiation Requirements and Legal Clearance Process

December 11, 2018

Written by

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.