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ARTICLE · 07 JANUARY 2019

New Year's Resolutions For Advertisers!

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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Don't have any surprises for your purchasers — unless it's truly a gift.

United StatesMedia, Telecoms, IT, Entertainment

As we begin a new year, here are some top tips for advertisers to avoid some of problems we saw in 2018:

(1) First and foremost, of course, always substantiate your claims (unless they're puffery), especially if they're health claims and especially if they're comparative.

(2) If you think a statement is puffery, show it to your mom, your best friend or your significant other and ask them what they think is communicated by the ad. THEN decide if it's puffery and you don't need substantiate.

(3) Can you make that disclosure/qualifier part of the claim itself?  If not, make sure it's clear and conspicuous and proximate to the claim it qualifies.

(4) Is it REALLY free? Or are there some requirements, like a purchase? If so, make sure they're, oh you know! (See 3 above)

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www.fkks.com

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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