Does Context "Blur" Your Ad Claims?
Chip Cooper
eCommerce Attorney. I help marketers, advertisers & agencies solve their FTC earnings claim compliance problem for a fixed, flat fee. Get new strategies by downloading my Earnings Claim Guide and newsletter (Link Below)
=> Ad Claim
“Verizon is the number one network choice in public safety.”
=> Background for the claim
=> Background for net impression
=> 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?
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=> NAD’s Ruling
NAD ruled that Verizon's claim was limited to choice, and here’s why.
=> 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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