How to Review an Advertising Claim

False advertising remains a significant source of litigation, including regulatory enforcement actions, competitor disputes, and consumer class actions. While ensuring that advertising is truthful is a fundamental requirement, the process of reviewing an advertising claim involves multiple layers of analysis. Legal professionals must assess the literal meaning of a claim, its implied messages, and whether any disclosures are necessary to prevent deception. Additionally, all claims must be substantiated with appropriate evidence, a standard that varies depending on the product and the nature of the claim.

This CLE program provides attendees with a structured approach to evaluating advertising claims, ensuring compliance with legal and regulatory standards, and mitigating the risk of litigation.

Learning Objectives:

1. Identify key legal and regulatory risks associated with false advertising claims
2. Analyze the literal and implied meanings of advertising claims to assess potential consumer perceptions
3. Determine when disclosures are necessary to prevent misleading claims
4. Review the requirements for claim substantiation and how they vary by product type
5. Apply best practices for reviewing and approving advertising content to minimize legal exposure