Foreword

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FOREWORD

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

service.

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

opportunities.

Jonathan M. Jacobson

Chair, Section of Antitrust Law

American Bar Association

2017-18