DON’T FORGET ABOUT THE WEBSITE

Sometimes, companies spend significant resources trying to develop a particular theme for an advertising campaign while ignoring even more egregious claims being made on their website.  So how does this happen? There is a disconnect between Legal and Marketing.

Legal might approve a particular ad and then Marketing decides that it can use a portion of it in another context because it has been “cleared.”  The problem is that ads are vetted based on the “net impression” that is made on consumers.  As such, taking a claim out of the context of the particular ad can cause an issue.

Often, companies list customer testimonials on their website, which contain atypical performance-related claims. They think that since they are truthful, there isn’t any sort of liability, which is untrue.  Indeed, the performance claims (e.g., saved $1000) may be even more aggressive than the claims being vetted for use in the primary ad campaign. 

Disclaimers are another area of concern. While certain disclaimers may have been approved for use in print advertising, they may not be effective when presented online because consumers can’t see them. 

Simply stated, one size does not fit all when it comes to advertising. As such, companies should take a holistic approach to ensure that claims are being properly presented in all respective media.

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