From time to time, I like to remind clients of specific network
guidelines to keep in mind when developing advertising. One such
guideline involves product demonstrations.
Per the network guidelines, when a commercial demonstrates the
attributes of a product, the demonstration must be performed with
actual examples of the product as available to consumers, and the
results must be accurately represented. The use of mock-ups or
enhanced or altered products is not permitted.
- Demonstrations should depict product performance in a way that
accurately reflects how the product performs when used by
consumers. However, when a demonstration simulates consumer-use
conditions (e.g., a laboratory simulation of clogged drains or
kitchen countertop grease), the advertiser must:
- Provide clear and convincing evidence that the simulation accurately reflects the product's performance under actual consumer-use conditions
- Establish the impracticality or impossibility of demonstrating a product's performance under actual consumer-use conditions
- No demonstration should be presented in a manner that, through artifice or simulation, misleads the audience as to any material fact.
- Producers are required to provide the networks with an
affidavit of authenticity for all demonstrations and should be
prepared to produce records of the circumstances and results upon
request. The affidavit must attest that:
- The demonstration is accurate
- The demonstration was performed with samples of the product available to consumers or prototypes that perform no differently from the actual product
- No mock-ups, modifications or alternations were employed
- Material facts that are essential to a full understanding of the significance of the demonstration (e.g., miles-per-hour, actual time elapsed) must be disclosed.
The networks require that product demonstrations be accurately represented and not be misleading to the consumer. So if you have plans to create advertising that features a product demonstration, make sure your creative complies with the network guidelines. And remember, when in doubt, ask questions. The network editors are there to answer any questions you may have.
This article is presented for informational purposes only and is not intended to constitute legal advice.