Product claims are statements made by manufacturers about the nature, quality, or performance of their goods. These claims are typically found in advertisements, on product packaging, or incorporated into labeling materials. They serve as a primary communication tool, informing customers about a product’s features and benefits. They are foundational to a brand’s marketing strategy and influence purchasing decisions.
What Exactly Are Product Claims?
Product claims are explicit or implied assertions made by a seller regarding a product’s characteristics, functions, or value proposition. They communicate why an item is superior or better suited to a consumer’s needs than alternatives. Claims can range from describing ingredients to guaranteeing a specific outcome or level of performance.
The purpose of a product claim is to create differentiation and communicate specific value, ultimately influencing customer choice. Specific and measurable claims, such as “reduces fine lines by 30%,” require factual proof to be legitimate. This differs from “puffery,” which involves subjective, exaggerated statements that a reasonable consumer would not take as literal fact, such as declaring a product is the “World’s best pizza.”
Major Categories of Product Claims
Performance Claims
Performance claims focus on measurable metrics related to a product’s functionality, output, or longevity. These claims often use specific statistics to highlight efficiency or capacity under specified conditions. Examples include a battery that “lasts 50% longer” than a previous model or a cleaning agent that “cleans 97% of bacteria.”
Health and Wellness Claims
These claims relate to the product’s effect on the consumer’s physical well-being, nutritional status, or fitness outcomes. Health claims can specify the presence of beneficial ingredients, such as a food being “high in fiber” or “low fat.” They also include structure/function claims, such as a supplement that “supports immune function” or a skincare product that promises to “reduce wrinkles in 30 days.”
Safety Claims
Safety claims provide assurances that a product is free from certain harmful substances or poses minimal risk to the user. This category often involves claims about the absence of ingredients perceived as undesirable or toxic. Common examples include labeling a cosmetic as “paraben-free,” a household product as “non-toxic,” or a shampoo as “sulfate-free.”
Environmental and Sustainability Claims
These claims address a product’s impact on the environment. Companies use terms like “eco-friendly,” “sustainable,” “biodegradable,” and “carbon neutral” to communicate these attributes. Vague or unsubstantiated environmental claims are sometimes referred to as “greenwashing,” which misleads consumers about a company’s true environmental impact. Third-party certifications, such as “Non-GMO Project Verified” or “Fair Trade Certified,” are often used to substantiate these claims.
Comparative Claims
Comparative claims position a product directly against a competitor, asserting superiority in a specific area. They aim to show the advertised product offers a better result or value than another brand. Examples include claims like “30% more effective than Brand X” or asserting that a product “outperforms product Y.” When making these comparisons, the advertiser must have adequate context and data to back the asserted advantage.
The Requirement for Claim Substantiation
The law requires that companies possess a reasonable basis for every claim they make about a product’s performance, safety, or benefits. This is known as claim substantiation, which ensures that advertising is truthful and not misleading. The required evidence depends on the nature and strength of the claim.
For health-related claims, the standard for proof is “competent and reliable scientific evidence.” This evidence must come from tests, analyses, research, or studies conducted and evaluated objectively by experts in the relevant field. The procedures used to gather this data must be generally accepted in the scientific profession to yield accurate results.
This standard often necessitates randomized, controlled human clinical trials (RCTs) for health benefit claims. The research must demonstrate internal validity, requiring elements such as the use of a control group, randomization, and sometimes double-blinding. The evidence must be sufficient in both quality and quantity to support the representation.
How Regulatory Bodies Oversee Claims
Government agencies enforce truth in advertising and ensure claims are supported by evidence. In the United States, the Federal Trade Commission (FTC) and the Food and Drug Administration (FDA) share jurisdiction over product marketing.
The FDA primarily oversees claims appearing in product labeling, including the package, inserts, and promotional materials at the point of sale. The FDA regulates claims differently based on whether the product is classified as a food, supplement, or drug. Conversely, the FTC has primary responsibility for claims made in all forms of advertising, such as print, radio, and internet ads.
The FTC applies the standard of competent and reliable scientific evidence to all health-related advertising claims. Unlike the FDA, the FTC does not pre-approve health claims before they are advertised. Although the FTC defers to claims meeting the FDA’s “significant scientific agreement” standard, the agency can still take action against deceptive labeling claims.
Recognizing Misleading and Deceptive Claims
A claim is deceptive when it is likely to mislead a reasonable consumer. Deception often occurs through the omission of information or the use of ambiguous language that creates a false net impression. Companies may use vague terminology like “helps” or “may” to imply a benefit without explicitly guaranteeing it, which is misleading if the underlying evidence is insufficient.
Deceptive practices include:
- Making unsubstantiated claims that a product can achieve results it cannot actually deliver.
- Featuring consumer testimonials or expert endorsements without independently substantiating the results claimed.
- Using testimonials where the results shown are not typical for the average user, even with a disclaimer.
- Omitting crucial information, such as hidden fees or surcharges.
- Presenting biased or inadequate study results to support an express claim.
- Failing to clearly disclose material connections, such as a paid endorsement by a social media influencer.
Tips for Evaluating Product Claims as a Consumer
Consumers should focus on specificity rather than general promises when evaluating claims. Look beyond vague, subjective adjectives and search for precise, measurable metrics, such as a percentage or a specific duration. For example, a claim that “reduces wrinkles by 20% in four weeks” is more verifiable than one that simply says the product “improves skin texture.”
It is helpful to look for third-party verification, such as seals of approval, certifications, or independent testing results, rather than relying solely on the manufacturer’s data. Research the source of health or scientific claims to ensure supporting studies are published in reputable journals or conducted by unbiased experts. Consumers should be wary of claims that seem too extraordinary or exaggerated, as these often lack scientific backing.