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ARTICLE · 26 OCTOBER 2004

Performance Claims in Ads: Talk Turkey Only With Your Ducks in a Row

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Advertisers are in the business of attracting attention. But how far can they go making bold advertising claims without adverse legal repercussions? The recent experience of restaurant-chain Kentucky Fried Chicken provides food for thought.

CanadaMedia, Telecoms, IT, Entertainment
McMillan LLP
McMillan LLP
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By Bill Hearn with research by David Hudson (Student-at-Law)

Advertisers are in the business of attracting attention. But how far can they go making bold advertising claims without adverse legal repercussions? The recent experience of restaurant-chain Kentucky Fried Chicken provides food for thought.

KFC’s Eating-Our-Chicken-is-Healthy Claims: "The Secret’s Out" (and Over)

Last year, KFC ran two short, memorable TV spots in the US market. The spots left viewers with the central message that you could eat KFC chicken as part of a "healthy diet". Trying to capitalize on the low-carb diet craze, one spot boldly stated that, "skinless", a KFC chicken breast has "just 3 grams of fat, 11 grams of carbs and packs 40 grams of protein". The other, which played more like a parody from Saturday Night Live, claimed that two KFC chicken breasts "have less fat than a BK Whopper".

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