When an advertiser makes a comparison against a category of products, it must generally substantiate the claim against 85% of the products in that category. It’s common for advertisers to narrow down a category in order to narrow down their substantiation requirements. Although advertisers have some discretion in how they do that, a recent NAD decision suggests there are limits to that discretion.
https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/nad-decision-offers-guidance-on-comparisons-against-categories
Gonzalo Mon
gmon@kelleydrye.com
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