Does Context "Blur" Your Ad Claims?

=> Ad Claim

“Verizon is the number one network choice in public safety.”

=> Background for the claim

• Verizon’s commercial promoted its “Frontline” wireless network solution for first responders and safety personnel.
• ?Other networks (including AT&T) provide a similar, competing service.

=> Background for net impression

• ?Net impression is the overall advertising message/takeaway understood byreasonable consumers, not what the advertiser intends the message to be.
• ?The context of the ad claim, including all implied claims, should be considered as part of the overall net impression.
• ?Advertisers are required to substantiate the overall net impression of an ad, including relevant context and all implied claims.

=> The Challenge

AT&T filed a challenge with NAD, arguing that the net impression of Verizon's claim was that Verizon's Frontline service is superior to similar competing services.

Verizon countered AT&T’s alleged broad superiority claim arguing that the net impression of its ad conveyed only the relatively limited claim regarding choice.

=> Issue

The issue was all about the scope of Verizon’s claim: whether it was limited to choice or did it contain a broader message about superiority?

=> NAD’s Ruling

NAD ruled that Verizon's claim was limited to choice, and here’s why.

• ?AT&T based its argument on the context of Verizon’s ad, arguing that context contributed a superiority message to the net impression.
• ???NAD reviewed the context at issue and found that it did not “blur” the “number one choice” claim with the impression of superiority.

=> Takeaway

NAD has found in other cases that context including performance comparisons and comparative language caused limited express claims to "blur," resulting in an broader net impression of a superiority, performance or efficacy-type claim.

Bottom line, in this case, NAD found there was no context associated with Verizon’s ad that would “blur” Verizon’s express “choice” claim sufficient to create a broader superiority claim.

Yours,

Chip Cooper

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