"Torture Tests"‎ Must Be Consumer Relevant For Claims Support Per NAD

The motor oil wars have given us advertising lawyers much to ponder, including whether to use industry standard or proprietary testing. A recent decision from NAD is a very definitive statement against use of torture tests to support ?comparative claims.

In this case the ad itself showed the test – two cars, each on a dynamometer running at 75 miles per hour on an incline with a 1600 pound load. After 5 days one engine is shown failing, shooting sparks into the air while the other engine continues to run, claiming to be "driven stronger." The challenger had issues with the methodology and statistical analysis of the testing but the primary beef was that the tests were conducted under extreme conditions not representative of conditions under which consumers would use the cars. The advertiser said it was very clear visually and via disclosures the extreme conditions used in the testing. NAD concluded that "an advertiser must demonstrate that even statistically