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Advertising Claim Substantiation Todd Halpern thhalpern@Venable.com +1 202.344.4152 Heili Kim hkim@Venable.com +1 202.344.4677 Claudia A. Lewis calewis@Venable.com +1 202.344.4359 Objective advertising claims require prior substantiation. Claims can be express or implied and generally relate to tangible characteristics of a product or service. If an ad contains claims about a product or service that can be measured or otherwise proved true or false, marketers must ensure there is a “reasonable basis” for those claims. A good rule of thumb for what constitutes a “reasonable basis” is the amount and type of substantiation experts in the field believe are reasonable to support the claim. Special care is required for health and other claims that consumers cannot evaluate on their own, such as “reduces engine wear by 25 percent or more.” Advertising that includes health claims often must be substantiated by well-controlled, double-blind human clinical studies. 12 / Venable