Comparative advertisements can be powerful drivers of consumer purchasing decisions. However, such ads are also highly unpopular with the competitor that is the subject of the comparison, and therefore are among the most frequently challenged advertisements both in Lanham Act false advertising suits and at NAD.

In this webinar, Proskauer partner Larry Weinstein discussed best practices for defending and challenging comparative advertisements, including:

  • The different standards Lanham Act courts and the NAD apply to comparative advertisements;
  • Proper and improper test methods for substantiating comparative advertising claims;
  • Avoiding bias in comparative testing;
  • Statistical methods applicable to comparative advertising claim substantiation studies; and
  • Common pitfalls that doom comparative advertising campaigns.