False Claims on Packaging Are Actionable
Companies utilize packaging as marketing tools to attract customers. Packaging not only holds the product for display but it also provides valuable information to consumers. Many people purchase products because of what they read on the packages. The claims on packaging must be true. False claims on packaging are actionable if they are proven to be untrue. The statements made must be factually accurate.
Avoid Problems with the Word “Natural”
Some common words that have been used on packaging have been found to be questionable. For example, the use of the word “natural” has come under scrutiny lately. Consumers often feel that a product that is deemed natural is better or more effective than one that is not natural. Yet the word natural is used even when a product contains synthetic ingredients. It may be best to avoid using words that have no real meaning and instead concentrate on factual statements.
Make Sure You Can Prove What You Say
Packaging and other marketing materials must provide useful information that is accurate. Companies should only make statements that they are prepared to prove. These claims need to be substantiated. It is important to note that the claim on the package does not need to go into detail about the proof; however, the company must have the data available to back-up the statement. Avoid putting vague statements on the box because they could be challenged.
Take Steps to Verify Your Claims
Some claims are strictly marketing techniques but these types of fluff statements should be avoided. You can improve your packaging and increase customers by making true statements about your product as long as they are verified. If you have not yet done so, spend the necessary money to have the product claims professionally verified. This may involve completing scientific testing as well as consumer surveys.
Check Claims before Printing the Package
Printing packaging and distributing your product is costly and time consuming. It is advisable to properly validate your claims before you print your packages. An experienced attorney will be able to assist by researching recent rulings on similar cases that went to court. It is almost always best to take precautions up front than to try to defend your company later.
Before you make claims on your product’s packaging or in marketing materials, be sure to talk to an attorney with experience handling these types of issues. Schedule a consultation with Udall Shumway to talk about your concerns.
This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice regarding False Claims on Packaging, or any other commercial litigation matters, please feel free to contact Joel E. Sannes at 480.461.5307, or log on to udallshumway.com, or contact an attorney in your area. Udall Shumway PLC is located in Mesa, Arizona and is a full service law firm. We assist Individuals, families, businesses, schools and municipalities in Mesa and the Phoenix/East Valley.