Note: This advice is given by the CAP Executive about non-broadcast advertising. It does not constitute legal advice. It does not bind CAP, CAP advisory panels or the Advertising Standards Authority.
Before submitting marketing communications for publication, marketers must ensure that they hold documentary evidence to prove all claims, whether direct or implied, that are capable of objective substantiation (Rule 3.7)
If a comparison or comparative claim is made (e.g. “Best selling”), marketers must hold evidence that relates to both their and the competitors’ products that are the implicit or explicit subject of the comparison.
Medical and scientific claims made about health and beauty products, including slimming products, food supplements and cosmetics, should be backed by evidence, where relevant consisting of trials conducted on human subjects (see Rule 12.1 (health and beauty products and therapies), 15.7 (vitamins, minerals and other food supplements), 12.22 (cosmetics), 12.23 (hair and scalp) and 13.1 (slimming)).
Marketers of health and beauty products who want to make ‘new’ or ‘breakthrough’ claims must collate sound data to form a body of evidence. That body of evidence will usually need to include properly controlled human experimental studies (see CAP Help Note on Substantiation for Health, Beauty and Slimming Claims for detailed guidance on amount and type of evidence the ASA expects marketers to hold).
The Copy Advice team can evaluate and advise on the likely acceptability of marketers’ substantiation, if necessary obtaining an expert opinion.
Testimonials alone do not constitute substantiation and the opinions expressed in them must be supported, if necessary, with independent evidence of their accuracy (Rules 3.45, 3.46, and 3.47).
If informed opinion on the acceptability of a claim is divided, the claim should not be portrayed as generally agreed (Rule 3.13 (general) and 11.5 (environmental claims)).
Obvious untruths or exaggerations that are unlikely to materially mislead are usually acceptable (Rule 3.2).
Matters of opinion, puffery and subjective claims do not usually need to be supported by evidence as long as it is clear that marketers are expressing their opinion and not stating a fact (Rule 3.6).
Also, see entries on ''Matters of Opinion'' and ''Testimonials & Endorsements''.
Last modified : 26 July 2010