Ad Watchers: What Does it Mean to Have a “Reasonable Basis” Standard?

May 12, 2021

Advertisers are required to have a “reasonable basis” for their advertising claims, but what is “reasonable” in terms of support and the level and type of evidence needed? In this episode of the Ad Watchers, hosts Hal Hodes and La Toya Sutton break down the standard that helps us determine what is reasonable: the Pfizer Factors. Tune in to learn more about each of the factors that form the flexible framework for advertising law today.

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Decision

Direct Selling Self-Regulatory Council Recommends Mary Kay Modify and Discontinue Certain Social Media and Website Marketing Earnings Claims

McLean, VA – July 22, 2021 – The Direct Selling Self-Regulatory Council (DSSRC) recommended that Mary Kay Inc. modify or discontinue certain express and implied earnings, incentive, and lifestyle claims from social media and corporate marketing materials, including the Mary Kay website. These claims...

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Decision

DSSRC Refers Earnings and Health-Related Product Performance Claims for Alliance in Motion to FTC

McLean, VA – July 22, 2021 – The Direct Selling Self-Regulatory Council (DSSRC) of BBB National Programs referred certain representative product performance and earnings claims to the Federal Trade Commission (FTC) for possible enforcement action after Alliance in Motion Global, a direct selling company that distributes and markets food...

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Podcast

Ad Watchers: How Do We Step into the Shoes of the Consumer?

When you see an advertisement, you are likely taking in much more than just the words you are presented with. The visuals, sounds, and way the language is presented can all impact the implied messages that consumers take away. In general, advertisers are required to have a reasonable basis for all messages conveyed, whether express or implied – that’s the easy part. But figuring out...
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Decision

National Advertising Division Finds Claim that Kerasal Fungal Nail Renewal “Starts Improving Nail Appearance in Just 2 Days” Supported

New York, NY – July 21, 2021 – The National Advertising Division (NAD) determined that Advantice provided a reasonable basis for the claim that its Kerasal Fungal Nail Renewal product “starts improving nail appearance in just 2 days.” 

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