The Section of Antitrust Law of the American Bar Association is
pleased to present this Advertising Claim Substantiation Handbook. The
handbook is intended to serve as an introductory guide to the law and
legal issues facing advertisers and marketers when making claims for
products and services. The legal issues surrounding claim substantiation
form an important part of consumer protection law and may be relevant
to any antitrust lawyer or general practitioner with a client offering goods
or services in the marketplace.
The purpose of this handbook is to provide legal practitioners and
non-specialists in advertising, antitrust, and consumer protection law
with a guide to the basic principles of claim substantiation. Although the
emphasis is on the law, a theme that emerges is that claim substantiation
entails the interplay between law, science and communications. The
guide hence provides legal principles, examples and numerous
suggestions for further research. Although the handbook touches upon
related areas of consumer protection law, such as privacy and
promotions, the focus is on the legal issues that relate to claims the
express and implied statements made in advertising about a product or
The handbook draws upon the experience of some of the nation’s
leading experts in advertising and consumer protection law and the
contributions of members of the Section. Special thanks to David Mallen,
Vice Chair of the Advertising Disputes and Litigation Committee, Amy
Mudge, past chair of the Consumer Protection Committee, and Svetlana
Gans, Co-Chair of the Consumer Protection Committee, for their
leadership and editorial oversight.
We hope this handbook will assist attorneys and their clients in
navigating the uncertain waters of claim substantiation and help them to
evaluate risk and provide sound legal advice on remedies, liabilities and
Jonathan M. Jacobson
Chair, Section of Antitrust Law
American Bar Association

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