Sensory Advertising Claims: Whether it’s More Comfy, Smells Worse, or Tastes Better, Back Up the Claim with Data

Better taste. More authentic smell. Covers up odor better. More comfortable fit. These kinds of human-sense-based advertising claims are potent advertising tools, but pose difficult challenges for advertisers to prove and substantiate. In order to determine whether, and how, to substantiate a given claim, advertisers must understand the distinction between sense perception claims, more run-of-the-mill performance claims, and puffery....
By: Kilpatrick Townsend & Stockton LLP

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