Advertising Law Tool Kit - Tenth Edition | 2022

Venable / 13 If you are making health claims to sell your product or service, you should ask yourself the following important questions: • Does your ad contain numerical or comparative claims (e.g., “contains 20% fewer calories than the leading brand”)? • Does your ad contain express statements (e.g., “studies prove” or “two out of three doctors recommend”) about the amount or type of support you have for your product or service? If so, do you have the amount or type of support claimed? • Are you relying on studies of your product to substantiate your claims? If you are relying on studies of other products, do those products contain the same ingredients, in the same quantity and of the same quality, as your product? • Are there studies of the product about which you are making claims that contradict the study or studies you are relying on for substantiation?