Product claims: Overview, definition, and example
What are product claims?
Product claims are statements made by a manufacturer or seller regarding the characteristics, benefits, or quality of a product. These claims are typically used in marketing materials, advertisements, packaging, or other promotional content to attract consumers and highlight the product’s features. Product claims can include information about the product’s performance, ingredients, durability, safety, effectiveness, or any other aspect that the seller believes makes the product appealing to potential buyers.
For example, a shampoo product might claim to be "sulfate-free," "strengthens hair," or "provides 24-hour moisture," which are intended to inform consumers about the benefits of using that particular product.
Why are product claims important?
Product claims are important because they influence consumer purchasing decisions and can help differentiate a product from competitors in the market. They provide consumers with key information about the product’s features, effectiveness, and value, which can guide their buying choices. However, product claims must be accurate and truthful to ensure that they do not mislead consumers or violate advertising laws. False or exaggerated claims can lead to consumer distrust, legal penalties, and reputational damage.
For businesses, making accurate and substantiated product claims helps build trust with customers and ensures compliance with consumer protection laws and regulations. For consumers, understanding product claims helps them make informed decisions about the products they purchase, ensuring they receive the value and benefits promised.
Understanding product claims through an example
Let’s say a company sells a fitness tracker that claims to "track heart rate, calories burned, and sleep quality." If the tracker accurately performs these functions, the product claims are valid and provide useful information for consumers. However, if the product does not actually track heart rate or calories burned as advertised, the claims would be misleading, and the company could face legal consequences or damage to its reputation.
In another example, a skincare product may claim to "reduce wrinkles in 30 days." If the product is not scientifically proven to provide these results, the company may be accused of false advertising. On the other hand, if the product is backed by clinical studies and evidence, the claim would be legitimate and could attract customers looking for effective skincare solutions.
An example of a product claims clause
Here’s how a clause like this might appear in an agreement or marketing document:
“The Manufacturer warrants that all product claims made in the marketing materials, including but not limited to claims of effectiveness, safety, and performance, are truthful, accurate, and substantiated by appropriate evidence. The Manufacturer agrees to provide supporting documentation or clinical studies upon request to substantiate these claims.”
Conclusion
Product claims play a crucial role in marketing and consumer decision-making, providing information about the product’s features, benefits, and quality. However, these claims must be accurate, truthful, and substantiated to ensure that consumers are not misled and that the business remains compliant with advertising regulations. By making reliable product claims, companies can build consumer trust, improve sales, and avoid legal risks. For consumers, understanding product claims is key to making informed purchasing decisions and ensuring they receive the benefits promised by the manufacturer.
This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.