--- title: Reasons to Hire a Third Party to Substantiate Your Advertising Claims description: Attempting to substantiate advertising claim(s) internally has led many organizations to make fatally flawed decisions where the risks are high. In this post, we explain reasons to hire a third party for advertising claims substantiation. --- #### [![ams-litigation-new-logo](https://blog.ams-litigation.com/hubfs/ams-litigation-new-logo.svg)](https://ams-litigation.com) - [Home](https://ams-litigation.com/) - [Services](https://ams-litigation.com/services/) - [Trademark Surveys](https://ams-litigation.com/services/trademark-surveys/) - [Likelihood of Confusion](https://ams-litigation.com/services/trademark-surveys/likelihood-of-confusion/) - [Dilution](https://ams-litigation.com/services/trademark-surveys/dilution/) - [Secondary Meaning](https://ams-litigation.com/services/trademark-surveys/secondary-meaning/) - [Genericness](https://ams-litigation.com/services/trademark-surveys/genericness/) - [Deceptive Advertising Surveys](https://ams-litigation.com/services/deceptive-advertising-surveys/) - [Class Action Surveys](https://ams-litigation.com/services/class-action-surveys/) - [Claim Substantiation Surveys](https://ams-litigation.com/services/claim-substantiation-surveys/) - [Patent Infringement Surveys](https://ams-litigation.com/services/patent-infringement-surveys/) - [Content Analysis](https://ams-litigation.com/services/content-analysis/) - [Antitrust Surveys](https://ams-litigation.com/services/antitrust-surveys/) - [Rebuttal Surveys and Reports](https://ams-litigation.com/services/rebuttals/) - Experts and Staff - [Survey Experts](https://ams-litigation.com/survey-experts/) - [Staff](https://ams-litigation.com/staff/) - Knowledge Center - [Case Studies](https://ams-litigation.com/case-studies/) - [Webinars](https://ams-litigation.com/webinars/) - [FAQ](https://ams-litigation.com/faq/) - [Resource](https://ams-litigation.com/resource-guides/) - [Blog](https://ams-litigation.com/blog/) - Join Us - [Why Work at AMS](https://www.ams-inc.com/why-work-at-ams/) - [Roles and Career Paths](https://www.ams-inc.com/roles-and-career-paths/) - [Contact Us](https://ams-litigation.com/contact-us/) ![banner Image](https://blog.ams-litigation.com/hubfs/AMS-Dec2017/Images/banner%201.jpg) - [Home](https://ams-litigation.com/) - » - [Blog](https://blog.ams-litigation.com) - » - Reasons to Hire a Third Party to Substantiate Your Advertising Claims # Reasons to Hire a Third Party to Substantiate Your Advertising Claims The benefits of powerful advertising claims are numerous, but often powerful claims require substantiation.  Innovations in technology platforms have encouraged many companies to approach claim substantiation like they approach traditional market research (with a DIY attitude). However, the standards for claim substantiation are different than the requirements for traditional market research. Attempting to substantiate advertising claim(s) internally has led many organizations to make fatally flawed decisions where the risks are high (e.g., discontinuation of effective advertising claims, the expense of repackaging expensive goods, legal expenses, and potentially the loss of goodwill with an ever-changing consumer landscape) and the savings are minimal. Below we provide some guidelines on why you should hire a third party to substantiate your advertising claim(s). **Courts favor independent research:** Courts look favorably upon research conducted by third parties. Why? The simple answer is that you are invested in the outcome. Hiring a third party ensures that the claim substantiation survey is developed without biases accidentally creeping into question-wording or research design. Additionally, a third party will ensure the claim substantiation survey is conducted in a double-blind manner and that data is analyzed objectively. There is simply face validity to hiring a company that does not benefit from the outcome. **Claims expertise**: When it comes to advertising, claims must be supported by “competent and reliable scientific evidence.” As such, research for claim substantiation surveys often requires an in-depth understanding of ASTM guidelines for substantiation, NAD case law, and section 43(a) of the Lanham Act to anticipate possible weaknesses and problems. When choosing a third party to partner with, ensure that they will conduct valid research that complies with both legal and regulatory guidelines. **Expert testimony**: If you are making a claim that is likely to ruffle your competitors and you expect the claim will get challenged, it is important to work with an experienced expert witness who can conduct and defend the claim substantiation research in the event of a challenge. Ideally you want to hire an expert with good credentials and deposition or testifying experience. **Why AMS**: At AMS, our litigation experts are experienced at designing and executing claim substantiation research surveys and studies that comply with legal and regulatory guidelines designed to withstand potential challenges from competitors. To learn more about AMS and our claim capabilities, browse our [claims development and substantiation resource guide](https://info.ams-insights.com/advertising-claims-development-substantiation#advertising_claims_process). [![Access the Guide](https://no-cache.hubspot.com/cta/default/3936175/eeb0a1a4-55d0-4b46-beb8-ac536e37d731.png)](https://cta-redirect.hubspot.com/cta/redirect/3936175/eeb0a1a4-55d0-4b46-beb8-ac536e37d731) Share this: Previous Next ### SUBSCRIBE TO OUR BLOG ### Categories - [Trademark (59)](https://blog.ams-litigation.com/tag/trademark) - [News (28)](https://blog.ams-litigation.com/tag/news) - [Conference (23)](https://blog.ams-litigation.com/tag/conference) - [Conjoint Analysis (20)](https://blog.ams-litigation.com/tag/conjoint-analysis) - [Deceptive Advertising (18)](https://blog.ams-litigation.com/tag/deceptive-advertising) - [False Advertising (18)](https://blog.ams-litigation.com/tag/false-advertising) - [Likelihood of Confusion (17)](https://blog.ams-litigation.com/tag/likelihood-of-confusion) ### Applied Marketing Science Founded in 1989 with roots in the MIT Sloan School of Management, Applied Marketing Science is a market research and consulting firm with an established practice focused on consumer surveys for litigation. ### Join Our Mailing List By submitting your information you agree to receive electronic communications from AMS. You may unsubscribe at any time. ### Recent Posts ### Contact Us Applied Marketing Science 78 Blanchard Road, Suite 203 Burlington MA 01803   Phone: [781.250.6300](callto://17812506300) Email: [litigation@ams-inc.com](mailto:litigation@ams-inc.com) [AMS Corporate Site](http://www.ams-inc.com) ©2023 Applied Marketing Science, Inc. | [Sitemap](https://ams-litigation.com/sitemap_index.xml) | [Terms of Use](https://ams-litigation.com/terms-of-use/) | [Privacy Policy](https://ams-litigation.com/privacy-policy) - - ```json { "@context" : "https://schema.org", "@type" : "BlogPosting", "author" : { "@type" : "Person", "name" : "ams-legal", "url" : "https://blog.ams-litigation.com/author/ams-legal" }, "dateModified" : "2019-09-18T14:22:42.358Z", "datePublished" : "2019-09-17T13:30:00.000Z", "headline" : "Reasons to Hire a Third Party to Substantiate Your Advertising Claims", "mainEntityOfPage" : { "@id" : "https://blog.ams-litigation.com/third-party-substantiate-advertising-claims", "@type" : "WebPage" }, "publisher" : { "@type" : "Organization", "logo" : { "@type" : "ImageObject", "url" : "https://blog.ams-litigation.com/hubfs/Applied-Marketing-Science-Litigation-Survey-Experts-2.jpg" }, "name" : "Applied Marketing Science" } } ```