Learn to identify unsupported claims that may mislead consumers and result in legal issues.
Unsubstantiated claims are statements made without solid evidence or proof. They often blend opinion with fact, leaving it unclear whether the assertion truly stands on firm ground. You might encounter such claims in articles, debates, or even casual conversations, and distinguishing them from well-supported arguments can be challenging. Recognizing these unsupported assertions is crucial if you want to ensure the accuracy of your own work and to respond effectively when others present questionable information. By learning to identify unsubstantiated claims, you can bolster the credibility of your arguments and maintain a clear, evidence-based discussion.
Let’s explore how you can spot unsubstantiated claims and why it matters.
What is an Unsubstantiated Claim in Advertising?
Can your product really "reduce wrinkles by 85%" or is that just wishful thinking? In the competitive CPG landscape, brands often make bold statements about their products' capabilities—but without proper evidence, these become unsubstantiated claims that can land companies in hot water.
An unsubstantiated claim in advertising is any product assertion that lacks sufficient evidence to back it up. These claims aren't just marketing missteps; they represent potential regulatory violations that can result in enforcement actions, consumer trust erosion, and significant financial penalties. For more information on marketing claims and how to handle them, you can refer to our help guide.
The Federal Trade Commission (FTC) requires that advertisers have a "reasonable basis" for claims before they're made public. This means having reliable evidence on hand that directly supports what you're saying about your product. For health and safety claims, this standard is particularly strict—the FTC typically expects "competent and reliable scientific evidence."
Common types of unsubstantiated claims in CPG include:
- Quantified performance claims: "Cleans 99% of bacteria" without testing to verify the percentage
- Comparative superiority: "Works better than the leading brand" without head-to-head testing
- Universal effectiveness: "Works for everyone" without diverse participant testing
- Implied health benefits: Product packaging or imagery suggesting health outcomes without evidence
- Absolute statements: "Eliminates all odors" without proof of complete effectiveness
What makes a claim particularly risky?
The risk level increases substantially when your claims involve:
- Health benefits or treatment outcomes
- Environmental impact or sustainability
- Competitive comparisons
- Quantified results (percentages, timeframes, etc.)
- Safety assurances
Remember that implied claims—those made through images, product names, or context—are held to the same standards as explicit written statements. The FTC evaluates advertising based on the "net impression" it creates for consumers, not just the literal words used.
How to Test and Substantiate Product Claims
Are your product claims built on solid evidence or shaky assumptions? Creating substantiated claims requires systematic testing and documentation before your marketing materials ever reach consumers. You can learn more about the process of claims substantiation in our detailed blog post.
The gold standard for claim substantiation involves developing a testing protocol that directly measures what you're claiming. This means designing studies that:
- Use appropriate methodology for your specific claim
- Include a sufficient sample size
- Test the actual product formulation being marketed
- Measure outcomes directly related to your claim
- Are conducted under conditions that mirror real-world usage
What testing approaches validate different types of claims?
Different claims require different validation approaches:
- Performance claims require objective measurement of the product performing as stated, often through laboratory testing, instrumentation, or standardized protocols.
- Consumer preference claims ("9 out of 10 consumers prefer...") require properly designed consumer use tests with statistically significant results.
- Comparative claims demand head-to-head testing against the specific products mentioned or implied in the comparison.
- Ingredient benefit claims need evidence that: 1) the ingredient provides the benefit at the concentration used, and 2) the benefit survives your formulation process and remains bioavailable.
How can you ensure your testing will stand up to scrutiny?
Robust claim substantiation typically includes:
- Clear documentation of test protocols and methodologies
- Statistical analysis showing significance of results
- Testing by qualified researchers or third-party labs
- Study designs that minimize bias
- Sample sizes appropriate for meaningful conclusions
- Testing on the final product formulation, not just ingredients
- Direct measurement of the specific benefit claimed
When developing new claims, work cross-functionally with R&D, legal, and marketing teams to ensure alignment between what's being tested and what's being claimed. The most effective approach is building substantiation into your product development process rather than scrambling to validate claims after marketing concepts are already developed. For a deeper dive into claims testing and its applications, check out our blog post on the topic. Additionally, you can explore real-world applications in our claims testing use case overview.
Remember that substantiation isn't just about regulatory compliance—it's about building genuine consumer trust through truthful communication about what your product can actually deliver.
Final Thoughts
Understanding unsubstantiated claims is more than an academic exercise—it's a critical skill in our information-rich world. By developing a keen eye for distinguishing between well-supported statements and unsupported assertions, you protect yourself from misinformation and elevate the quality of your own communication.
Think of evaluating claims like being a detective, carefully examining the evidence before drawing conclusions. Just as researchers meticulously validate their findings, you can apply the same rigorous approach to information you encounter daily. The ability to critically assess claims isn't just about skepticism; it's about intellectual integrity and clear thinking.
At Highlight, we understand the importance of substantiated insights. Our work with brands consistently demonstrates how robust research and verified data can transform product development and marketing strategies. By maintaining a commitment to evidence-based analysis, we help companies build credibility and connect more authentically with consumers.
From our perspective, streamlining the testing process is key—we deliver product insights in as few as three weeks, in stark contrast to the months-long timelines of traditional methods. Our software minimizes data noise, reducing junk data from the average 30% to only 1-2%, while enabling engagement with highly niche audiences and achieving 90%+ completion rates. With these tools, we ensure that every claim you make is backed by rigorous, high-quality evidence.
Remember, in a world awash with information, your ability to discern substantiated claims is your most valuable intellectual tool.