Will Your Advertising Get You in Trouble? Find Out with Claims Substantiation

Imagine a world in which any company could make any claim, no matter how false or misleading, about their products. You’d have shampoos saying they create new hair follicles, junk food that supposedly cures cancer, and mood rings that promise to detect when someone nearby has the hots for you.  

Perhaps the mood ring example is so preposterous that nobody would buy either the claim or the ring. But the other two just might get past someone’s BS detector. In the cancer case, the product could distract from real, lifesaving treatment. That’s not OK.

Our laws restrict advertising claims for many reasons. From a commitment to safeguarding public health to the simple fact that it’s unfair to dupe people into purchasing a bogus product, they play a crucial role in consumer protection.

If you’re a brand hoping to wow the world with powerful claims like “removes any type of stain” or “sustainably produced,” you’ll need to back them up with claims substantiation. Requirements for how to substantiate a claim vary based on what type of claim you’re making.  

Let’s dive into what claim substantiation is and how you can avoid being at risk of false advertising allegations.

What is claims substantiation?

Claims substantiation is the process of backing up product-related messaging with evidence supporting this messaging’s truthfulness. It’s used for marketing and regulatory compliance, requiring robust data to support product claims, which are the statements placed front-and-center on product packaging and written and in promotional materials. Good marketing claims are designed to resonate with target customers and prompt them to buy.

A few types of claims include:

• Monadic performance claims (“Kills 99% of germs”)
• Superiority claims (“Works better than all other [Product type] available”)
• Parity claims (“Works as well as other [Product type] for less money”)
• Comparative claims (“Works 50% better than [Brand X’s product]”)
• Ingredient claims (“Contains retinol,” “No added sugar”)
• Declarations (“BPA-free,” “Halal”)

Food and health-related products often have claims about nutritional value and health benefits. If these are specific and concrete, then they need to be backed up by data. Anything that starts with “Clinically proven to…” must be backed with results from clinical trials or research studies.

That said, these studies might not be as rigorous as consumers assume they are. This is frequently the case for beauty products, for which studies can be frustratingly limited, and results can be based more on people’s perception than on real functional benefits.  

The legal consequences of making misleading claims

If you make false claims, you may be subject to a class-action lawsuit or a lawsuit brought on by a competitor. And it could cost you big time. Like, in the tens of millions.

You may also be required to put out advertising that loudly corrects the initial deceptive claims. This can erode your reputation even further by forcing you to shout from the rooftops that you made a big mistake.

Comparative claims, in which you say (or imply) that your product is better than a competitor’s, can also get you in hot water. Statements that make inaccurate claims to superiority over a competing product can lead to serious legal consequences under laws governing false advertising and unfair competition. 

Keep in mind that claims don’t have to be explicit to count as a comparative claim. If your ad shows an image of someone scowling at your competitor’s vacuum cleaner while an angel descends from heaven to save the day with YOUR brand’s vacuum cleaner, that’s an implied comparative claim, and the competing brand might take note.

False claims can also severely damage consumer trust

Overhyping your product might work for a little while, but consumers will catch on eventually, and they’ll probably skewer you on social media.

Even if your claim wouldn’t cause obvious harm if disproved, it could still make people think twice about purchasing more from you—even if you’re selling other products that really do deliver. If your cat litter doesn’t actually “mask 100% of odors” or your coffee substitute beverage fails to “give you a lasting energy lift,” then you’ll lose some precious loyalty points.

Claims testing and claims substantiation are vital for avoiding legal issues and maintaining customer loyalty. Understanding how your product stacks up against your messaging is your best protection against shelling out millions in penalties or being impaled by Redditors.

Do claims like “best frozen fish sticks ever” need to be substantiated?

There’s something in the advertising world called “puffery,” and most people know it when they see it. These non-specific, clearly exaggerated claims like “world-class,” “the ultimate …” and “works like a charm” aren’t meant to be taken literally.

You don’t need to substantiate your claims if they’re clear cases of puffery. That said, it might still be a good idea to test puffery claims just to make sure nobody’s likely to take them the wrong way.

For example, Red Bull found themselves paying $13 million to settle a false advertising lawsuit over the claim that their drink “gives you wings.” Most people assume that the plaintiff thought he was actually going to grow wings, but what he was really arguing was that Red Bull’s claim suggested the drink would give him superior performance and concentration abilities.  

Red Bull now says it gives you “Wiiings.”

Is it really MY problem if people take my claims the wrong way?

Yes. You’re responsible for how the average customer, acting under good faith, interprets your claims, whether or not your intention was different. You must understand how the consumer understands your claim, and substantiate that version of it.

This is why it’s important to test how your claims are interpreted by real customers. Just how much skin tightening does someone expect when they purchase a serum marketed as a “facelift in a bottle”? Will people be disappointed when they barely see any change at all?

How to substantiate your claims

Understanding what type of claim you’re making, and the ways in which consumers might interpret it, is the first step towards proper substantiation. How concrete is your claim, and what kinds of supportive evidence might it imply?

Remember, consumers are getting savvier, and even though there may be loopholes that make it easy to claim “clinically proven” or “science-backed,” that doesn’t mean people are going to simply take your word for it. You’ll want to be very clear about the evidence and make sure you’re complying with industry regulations and standards.

Here’s a step-by-step overview of how to substantiate a claim:

1. Understand what rules apply. Cosmetic, food, and beverage products are subjected to different sets of regulations than are things like jackets or paintbrushes. The Federal Trade Commission (FTC) issues guidance on claims like health benefits, environmental benefits, and “Made in USA.”
2. Get feedback on your claims from consumers. How would a reasonable consumer interpret your claim? If you’re boasting that your makeup stays on for 24 hours, then you should find out how much makeup people expect to still see on their face after that time period. Negative feedback may point you towards revising your claims or reformulating the product.
3. Run any studies needed to back up scientific-sounding claims. This particularly applies to the beauty industry. Some ingredients, like hyaluronic acid, have plenty of evidence backing up their efficacy, but other ingredients or formulations may require specific evidence that’s not widely available. If you’re claiming to have a breakthrough skincare product, then the onus is on you to prove it.
4. Prepare to defend your claims. Claims may be challenged (often by competitors). You’ll need to have a solid defense of your claims ready, and perhaps an expert witness on your side, in case this happens.

Cost-effective solutions for conducting claims substantiation studies on non-clinical claims include online surveys and claims testing via in-home usage testing (IHUT). IHUT is great for getting detailed, authentic feedback from users in the comfort of their own homes. Testers who aren’t distracted by an unfamiliar environment are in a good position to provide detailed, honest feedback about how your claims and your product line up.

How Highlight can help

When you work with Highlight on claims testing, you get access to a diverse community of highly engaged testers who are evaluating your products from their home environments. Highlight’s testers are motivated to provide accurate feedback and think deeply about the questions they’re being asked to answer. In a recent claims testing case study, the average word length for open-ended question responses was almost 40.  

Highlight also has a fast turnaround, so you can get to any further stages in your claim substantiation process (like clinical trials) quickly. If you have negative claims testing results the first time, or you’re trying to update your messaging frequently, Highlight’s continued help won’t be a bottleneck.

Claims substantiation will help you stay out of hot water

Substantiating your product claims—whether clinical or non-clinical—is a necessity, not simply a best practice or “nice to have.” Consumers are pickier and savvier than ever, and regulators demand proof. Backing up every statement you make builds trust and protects your brand.

IHUT provides high-quality insights that not only validate your claims but also strengthen them with authentic consumer perspectives. If you’ve failed to consider certain ways your claims could be interpreted, Highlight’s testing audience can bring these to light.

Whether you’re advertising long-lasting beauty results or improved heart health within 30 days, getting honest feedback from real customers will help ensure that your message lands with impact—and integrity.