Share

Is it Legal to Include Product Comparison Statements on Product Labels?

September 6, 2011
Question 

Our company specializes in women's sanitary napkins (pms). We have been asked by one of our vendors to add a statement indicating that our products are the same qauality as a national brand, (i.e., "Compared to Brand X"). Is this legal to do so knowing that our tests have shown that our products do exceed Brand X in many aspects?

Answer 

In the United States, an advertiser must have a reasonable basis for all claims made expressly or by implication. Overall quality comparisons can be risky, because they depend on a variety of attributes, only some of which have been tested. You may wish to limit your quality comparisons to specific attributes for which you have substantiation.