Using Advertising Claims as a Weapon?

by Bill McClellan on Dec 1, 2014 1:33:00 PM Advocacy, Self Regulation

Court_Painting-508303-editedI ran across this article in Ad Age  about the three biggest packaged-goods companies losing market share to smaller rivals. They aren’t taking all that disruption lying down. 

Now - Nestle, Procter & Gable and Unilever are changing legal tactics. Instead of using the low-cost National Advertising Division (NAD) they are now fighting some “egregiously false claims” in court. This new legal stance is seen by some as creating a weapon out of the legal system.  

Your opinion might differ, but beware that this new legal tactic exists. It costs 10 to 20 times more to litigate disputes than to use a self-regulation process like ERA's ERSP program

That can cause real problems for marketers who are caught unaware. Be sure to discuss strategies to combat this tactic with your legal advisers. 

It is also key to note that the new ERSP marketer copy review service can help.  It allows advertising claims to be reviewed in advance by an independent third party.  Better review now rather than later when more money is at stake.      


Photo Credit: mrbill78636 (Bill Strain) 



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