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Product Claims: Puffery & Testing Substantiation

Independent Testing: 360° Product Testing scientifically determines and documents the competitiveness, effectiveness, functionality, and performance of products and services.

"One good test is worth a thousand expert opinions."    [Wernher von Braun]

Benchmark & Compare: 360°'s independent testing provides unbiased, reliable data needed to support claims, development, litigation, and/or marketing.

"Facts often kill a good argument."    [Edward Deming]

Test Claims: When consumers see or hear an advertisement...federal law says that ad must be truthful, not misleading, and, when appropriate, backed by scientific evidence.

https://www.ftc.gov/news-events/media-resources/truth-advertising

"I just had a chance to read through your report, and I am very happy with the level of detail and clarity. Excellent work, indeed."

Carnegie Hall

 

"I will recommend you guys far and wide."

B. Vogel, President, Supreme Brands

"The testing, professional documentation, and quick response was immensely appreciated by all. I look forward to doing business in the future..."

Gary S., Electrical Products Engineer
Stanley Works - Assembly Technologies

"We've used [360] on 2 separate occasions at different stages of a product lifecycle-if you need concrete 'human-product interface' feedback to confirm product packaging, assembly and instruction sets-[360] does an excellent and thorough job testing & proving out the good, bad & ugly"

ClosetMaid Corp.

"Great work... I am impressed."

Salim K., Codman & Shurtleff, Inc.
A Johnson & Johnson Company

"This is really excellent. Thank you, and please thank your Team for me."

Northrop Grumman / U.S. Navy

"I have been in this technology industry for over 20 years. I have had the good fortune of partnering with HP and IBM for the past 10 years. However, in working with you and your staff, your company far exceeds anybody I have ever worked with."

Ed M., CEO
LifeWorks Technology Group



A claim, expressed or implied, is any assertion made about an organization, brand, or product across any channel.


Further, per the Federal Trade Commission (FTC):
"When consumers see or hear an advertisement...federal law says that ad must be truthful, not misleading, and, when appropriate, backed by scientific evidence."



FTC's Policy Statement Regarding Advertising Substantiation (Pfizer factors):
  •   * Type of product,
  •   * Type and specificity of the claim i.e., safety, efficacy, dietary, health medical,
  •   * Benefits of a truthful claim,
  •   * Consequences of a false claim, e. g., personal injury, property damage, etc.
  •   * Ease and cost of developing substantiation for the claim, and
  •   * Substantiation level experts in the field would agree is reasonable.

See: https://www.ftc.gov/legal-library/browse/ftc-policy-statement-regarding-advertising-substantiation



Claim Testing Webinar
          VIDEO: Claim Substantiation Webinar



Using the "Reasonable Basis" Standard for a claim:
  •   * What kind of evidence is needed?
  •   * How much of this evidence is sufficient?
  •   * Will a "reasonable basis" be adequate?

How far can the test results go?
  •   * What is a "win," and how much does it need to win by?
  •   * Using additional data to bridge the gap
  •   * The tension between statistical significance and consumer relevance
  •   * The limitations of clinical data


Is Claim Substantiation Needed?

Without it you may subsequently have to change labeling and advertising and/or pay a fine related to an expressed or implied claim.



Is claim simply "Puffery"?

Vague, subjective, non-quantifiable language for which reasonable consumers expect no substantiation.



Exceptions on the Need for Substantiation?

Unlike fact claims which are verifiable and fact-based statements, puffery claims are opinion-based or non-specific statements that cannot be proven, e.g., Lighter than a Cloud..., Best choice..., etc. Claims consisting of puffery or obvious exaggeration may not require substantiation.



Do I need Substantiation If Not Making Claims?

Yes. Verifiable data about products is widely requested or required, for example from buyers such as Costco, or distribution platforms such as Amazon, or insurance underwriters.



Substantiation Source(s):

Substantiation should be developed independently (i.e., not self-generated or internal data). Further, independent data should be scientific and reflect typical or common uses of the product.



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