Partner John Villafranco
co-authored the InsideCounsel
article, " Getting to the Truth of the Matter." The article provides seven tips for substantiating establishment claims. Regardless of whether they are expressed or implied, establishment claims require that a company have the proper form of substantiation and that it be both statistically and clinically meaningful. Consequences for not being prepared include possible Lanham Act litigation, competitor-initiated challenges at the National Advertising Division, regulatory inquiries, consumer class actions, and adverse publicity. John outlines several preliminary steps for advertisers to take in order to help an establishment claim survive scrutiny.