A PRODUCT OR SERVICE CLAIM is a word, phrase, statement, or visual presentation that refers to an action, performance, quality, or benefit to be gained from a product or service. This can be through mention of ingredients, pricing, origin, etc.
Examples are, but not limited to:
- Widest coverage
- Whitens skin or whitens clothes
- Helps control dandruff
- Prevents dehydration
- For softer, shinier hair
- The chocolatiest ice cream
- 58% safer
- More affordable
- With 5-Star amenities
CLAIMS ON INGREDIENTS
- Advertisements should not contain any reference to an ingredient that could lead the public to assume that a product contains a specific ingredient unless the ingredient’s quantities and properties, as well as the material benefit that results from its inclusion in the product formulation have been technically substantiated.
- Advertisements should not imply that a certain benefit is due to a specific ingredient unless a verifiable cause and effect relationship exists.
NO. 1/LEADERSHIP CLAIM
- A “No.1” claim refers to both sales volume and its corresponding monetary value. This may mean leadership in the total product category or a generally-accepted segment or pre-defined segment within the product category.
- The substantiation of a “No.1” claim shall cover at least the immediately preceding 12-month cumulative data, both volume and monetary value, from an independent source acceptable to the Ad Standards Council. In the absence of data pertaining to the last 12-month period, the substantiation may be based on the latest available, reliable, and bona fide figures provided these are shown to be reasonably current to the satisfaction of the Ad Standards Council.
- No product or service without a competitor may make a “No.1” claim.
- A claim to be “No.1” in sales relating only to specific area/s must prominently specify the area/s covered.
- The Ad Standards Council can issue a Cease and Desist Order (CD)) to a previously-approved “No. 1” claim if it is proven by a competitor that its cumulative volume and value data in the immediately preceding 6-month period put it ahead of the leading brand. However, for the challenger brand to earn the right to claim “No. 1”, a 12-month cumulative data, both volume and value, are still needed.
Is a claim that guarantees full delivery in product and service performance at all times. May require substantiation by an independent third party data support.
- No wetness guaranteed
- Sigurado ang balik ng pera mo!
Is a claim wherein the product or service is the only one able to provide or deliver said benefit/attribute/ property/ feature. This claim must be substantiated by an independent third-party data support.
- The only shampoo and conditioner with Ilang-ilang fragrance
- Ito lang ang makapagbababa ng lagnat ng bata sa loob ng 5 minuto
Is claiming advantage over another brand or service, previous formulation/ properties, a set of products, or versus non-use of the product or service. This claim must always be properly qualified as to what it compares itself against. It may also be substantiated by an independent third party data support
- Better in sun damage protection vs. lotion only
- Makes clothes whiter than the leading powder detergent
It means a product or service is above and better than ALL competitors in the category in all material respects, mainly when it comes to product performance or service delivery.
- Most trusted by Moms in toy safety for their toddlers
- Biggest prize money to be given away
Claims such as, but not limited to, “Most Preferred” or “Most Recommended” should be substantiated by an independent third party quantitative research test. Should the Advertiser/Ad Agency decide to continue to use the claim after a year, an updated data must be submitted for review.
SCIENTIFIC OR TECHNICAL CLAIMS
- All references to laboratory data, statistics, and scientific terms used should be presented fairly and in their correct context and should not be presented as to create an impression other than that originally intended by the source.
- Visual representation of laboratory settings may be employed, provided it bears a direct relationship to and accurately reflects the bona fide research conducted for the advertised product or service.
- In case of references to tests by professionals or institutions, e.g., doctors, engineers, or research foundations, documented and authoritative evidence should be submitted to substantiate such tests and the claims based thereon.
These are documents, research, clinical/scientific/laboratory data, or packaging submitted to the ASC to support the claim.
Examples are but not limited to:
- Retail audit data (for #1/leadership claim)
- Consumer research
- Clinical/scientific/laboratory data
- Company/authority certification
- Published journals
- Product samples/labels. For products registered with the FDA when used as claims and/or substantiation, a written certification from the FDA must be submitted.
Downloaded articles from the internet are generally not acceptable as substantiation.
References – acknowledgement or recognition of data, research, or sources including methodology, scope, date of implementation.
- Data references must always be from results of a bona fide research, survey, or test.
- Reference to data or results of a bona fide research, surveys, or test relating to a product should not be so prepared or disseminated in a misleading or inaccurate manner, including by creating, or claiming any implication beyond that clearly established by the research, survey, or test.
INTELLECTUAL PROPERTY OFFICE (IPO) REGISTRATION
- Advertiser/Ad Agency can claim exclusive ownership over a mark if it has obtained valid and existing registration with the Intellectual Property Office (IPO). However, the IPO Certificate of Registration cannot be used to support any product claim since the mark registration is only prima facie evidence of the validity of the mark, the registrant’s ownership of the mark, and its right to the exclusive use thereof.
- Ownership of the mark is different from truthfulness of the claim (mark) or the message that the claim (mark) communicates. Advertiser/Ad Agency must still substantiate the copy, visual, and/or elements lifted from the registered mark. The ownership of the mark by the registrant and its exclusive right to use the mark have nothing to do with the veracity of the claim as embodied in the mark.
- Rendition of the mark in the advertisements must strictly adhere to the valid and existing registration with the IPO.
USE OF PREVIOUSLY-APPROVED MATERIALS AS SUPPORT FOR CLAIMS (ASC CIRC. 2018-011)
Use of previously-approved material/s ONLY as support with the following conditions:
- Previously-approved material with ASC stamp of approval and ASC Clearance are acceptable as support for claims so long as the claim is based on ingredient composition and/or performance of the product itself. Comparative and superiority claims still need to be supported with 3rd party studies.
- If the claim is time-bound, example is “No. 1”, previously-approved materials can be used as support but the validity period to be issued will be the same as the originally approved material.
- When contexts change the meaning of the claim, a previously-approved material cannot be used as support.