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.
It usually does not matter if a claim that we regard as an expression of opinion cannot be substantiated: because the claim is a subjective one, neither the ASA nor CAP expects to see evidence to support it. But, if the expressed opinion does not seem to be puffery and patently defies reality, the ASA could consider it misleading (Britannia Building Society, June 2000).
Marketers can run into problems if they make a claim that the ASA or CAP regards as objective but cannot be substantiated. In 2002, the ASA upheld a complaint against the claim “Britain’s most informed, independent health expert” (Holford & Associates, 26 March 2003). The advertisers believed they had merely expressed their opinion but asserted that it was one that was shared by many others and was supported by the extent and quality of his work. The ASA thought the claim would be seen as an objective one, capable of influencing consumers to place their trust in the advertisers and was not satisfied that the advertisers had demonstrated the truth of the claim. CAP’s advice that, if they cannot substantiate their claims, marketers should not make them.
Last modified : 30 July 2010