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ARTICLE · 28 MAY 2019

Claims Testing Must Be Consumer-Relevant and Depiction Must Match The Support

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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A recent decision from NAD highlights the importance of ensuring that there is a good fit between the advertiser's claims, its substantiation for those claims, and how the claims are visually communicated.

United StatesMedia, Telecoms, IT, Entertainment

A recent decision from NAD highlights the importance of ensuring that there is a good fit between the advertiser's claims, its substantiation for those claims, and how the claims are visually communicated.  This isn't a sexy case, or one that deals with novel issues, but it's a deep dive into some fundamentals of advertising law.  (Show it to your summer associates and interns!)

Church & Dwight challenged claims by Procter & Gamble for its Tide PODS laundry product in a television commercial featuring New England Patriots football player Rob Gronkowski (aka Gronk). The commercial showed Gronk washing clothing with brown stains in two washing machines, one with a single Tide PODS capsule and the other with an entire orange bottle filled with liquid detergent. C&D argued that the reasonable take away from the spot is that one Tide PODS capsule cleans soils and stains better than an entire bottle of Arm & Hammer Detergent, a message communicated by the side-by-side

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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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