Sensory Claims Substantiation for Advertising and Legal Disputes

Sensory claims can be an important part of brand building and can create consumer interest. However, understanding how to navigate sensory claims testing can also be daunting. There are several sensory-based companies that specialize in helping companies design research to substantiate claims and/or review evidence in claims disputes. Dragonfly SCI is one with over 30 years of experience in this area.

Our Master QDA panel has been called pioneering. In fact, a prominent defense lawyer, in front of industry clients and the defense bar at the 2019 Grocery Manufacturing Association (GMA) conference, stated that Dragonfly SCI’s QDA provides an “elegant piece of proof!”

As experts, we can help guide you through the sensory claims process by partnering with your research team and legal counsel. Our experience has taught us that there is no perfect test! Some research decisions can quickly get your claim dismissed whereas others have been challenged and the claim has been withheld. We guide you in considering the options and then selecting the most reasonable test design. Our team has never had a claim dismissed by the courts or the networks based on poor research design, test execution, and conclusions.

Dragonfly SCI staff has been involved in the creation of the ASTM E-1958 document since 1998, Standard Guide for Sensory Claims Substantiation, and Bleibaum organized and chaired two workshops through ASTM, in 2004 and the latest in 2014, “Navigating Sensory Claims Substantiation for Advertising”. Bleibaum was an invited speaker at the National Advertising Division (NAD) conference in New York in 2015 and is a co-author of “A Practical Guide to Comparative Advertising: Dare to Compare, co-published by ASTM International and Elsevier; (2018).eBook ISBN: 9780128093511Paperback ISBN: 9780128054710

Listen to our webinar by Greenbook by clicking on the link below.

Comparative advertising claims can equally set businesses apart and ignite legal issues. Legal disputes are often drawn out, and difficult to navigate without assistance. But navigating the laws of comparative advertising doesn’t have to be such a difficult process. Understanding the standards for research evidence to support comparative claims can save you months of duress. Based on the recently released international text, three of the ‘Dare to Compare’ authors will walk you through the steps of managing claim substantiation, through authoritative opinions and real-world examples.


Let us help you navigate your next sensory claims research project.