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.

Latest Podcasts

Podcast

Ad Watchers: What’s the Recipe for a Proper Advertising Disclosure?

While it may seem like a niche issue to some, disclosures are something every advertising lawyer needs to know about. On this episode of Ad Watchers, hosts Hal Hodes and La Toya Sutton break down the ‘Four Ps’ that advertisers must keep in mind when it comes to disclosures: prominence, presentation, placement, and proximity. Tune in to learn more about the ingredients you need...
Listen to the Podcast
Podcast

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

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...
Listen to the Podcast
Podcast

With Great Power Comes Great Responsibility

In the inaugural episode of The Accountability Studio, moderator Mary Engle, Executive Vice President, Policy poses a fundamental question to the leadership of BBB National Programs: Does independent, industry self-regulation really work? Program leaders responded with an emphatic ‘yes,’ but also laid out the numerous factors that can contribute to the success or failure of a self-regulatory...

Listen to the Podcast
Podcast

Ad Watchers: So, Who’s Making These Advertising Rules?

National Advertising Division (NAD) attorneys Hal Hodes and La Toya Sutton break down the guiding principle behind all NAD decisions: consumer understanding. Hal and La Toya discuss what it means to step into the shoes of the consumer and break down all the factors that NAD takes into consideration during an advertising review that regulators (e.g., the FTC or FDA) may not.  
Listen to the Podcast