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ARTICLE · 24 SEPTEMBER 2019

Aspiration Is Not Substantiation

Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC
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Frankfurt Kurnit Klein & Selz PC

Frankfurt Kurnit Klein & Selz PC

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From chickens to pigs: NAD issued its second press release this week announcing a Decision involving animal welfare claims.

United StatesMedia, Telecoms, IT, Entertainment
Terri Seligman
Terri Seligman
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From chickens to pigs: NAD issued its second press release this week announcing a Decision involving animal welfare claims. Like its earlier decision, this one also involved the use of expert consumer perception evidence (from the same survey expert, in fact) and also made clear that compliance with regulatory requirements does not end NAD's analysis.  Consumer takeaway will always be critical to NAD's determination and must always be considered by advertisers in crafting their claims.

At issue here was the claim "Ethically Raised by Family Farmers Committed to a Higher Standard of Care, Governed by Third Party Animal Welfare Audits," a claim used on product packaging for Hatfield pork products.  This claim – along with the implied claim that the pork produced for Hatfield pork products comes from pigs raised in a more ethical manner than conventional production  -- were challenged by the Animal Welfare Institute (AWI).  Based on a consumer perception study, AWI

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This post first appeared in Frankfurt Kurnit's Focus on the Data blog (www.focusonthedata.com). It provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

Originally published by the New York Legal Ethics Reporter

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

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