Beveridge & Diamond

Product Advertising and Marketing Claims

Product claims made in advertising, labeling, or other media must meet certain requirements for both accuracy and substantiation.  The Federal Trade Commission has numerous requirements.  In addition, the Environmental Protection Agency, the Food and Drug Administration, state attorneys general, international organizations, and non-governmental organizations have become involved as watchdogs for overstated marketing claims, particularly in the area of “green marketing” claims of environmental or sustainable attributes.  In addition, the specific claims made for products may trigger the applicability of various regulatory programs, such as those governing pesticides and drugs.

At the same time, in today’s marketplace companies must stay vigilant about the validity of claims made by competitors.  Beveridge & Diamond assists a diverse clientele in both maintaining and expanding their market share with proper advertising and competitor monitoring.  Among other things, our attorneys have helped clients with the following matters involving product claims.

  • Review of green marketing claims prior to publication for compliance with the FTC’s Guidelines for the Use of Environmental Marketing Claims and international and other guidance on acceptable green marketing claims.
  • Training for in-house counsel and marketing personnel on appropriate green marketing claims.
  • Advantages and disadvantages of various eco-label, seal of approval, and other environmental labeling programs.
  • Federal energy efficiency labeling requirements and related FTC requirements for appliances.
  • Review of health-related claims for dietary supplements and cosmetics in light of FDA and FTC restrictions and advice on how to make acceptable claims.
  • Review of and guidance on pesticide product claims in light of EPA and FTC restrictions.
  • Evaluation of claims to determine whether they might trigger regulation of the products as pesticides, as well as advice on limitations necessary to comply with exemptions from such regulation.
  • Monitoring of competitor claims and regulatory options, such as notification to government agencies of possible non-compliance or petitions requiring registrations or for cancellation of registrations.