September 1, 2014
Partner Gonzalo E. Mon contributed to the Practical Law article “Using Aggregated Online Consumer Reviews for Advertising Claims” in the September 2014 GC Agenda. The article discusses how companies should reevaluate how they use aggregated online reviews to substantiate product claims given a recent case of first impression from the National Advertising Division (NAD). The NAD allows advertisers to support product claims using new technology and information, such as crowd-sourced, online data. However, advertisers must adhere to the NAD’s standards of truthfulness, reliability and representativeness for substantiating claims. Because aggregated online reviews may lack the reliability and controls of individual reviews, advertisers should be cautious about using this type of data for making claims. The risks are arguably higher for comparative claims than they are for monadic or non-comparative claims.
To read the full article, click here.