Claims & Substantiation
▶Absolute claims Usually RED
- "Guarantees," "works for everyone," "permanent," "cures," "stops hair loss"
- Absolute language leaves no room for individual variation and invites regulatory scrutiny
Comparative claims Require substantiation
- "#1," "best," "better than X," "clinically proven"
- Must have reliable, recent data to support; head-to-head testing or third-party studies
Sustainability claims Require precision & proof
- "Eco-friendly," "plastic-free," "zero waste," "biodegradable"
- FTC Green Guides require specificity; vague terms are increasingly penalized
Cosmetic vs. Drug-like Claims
▶- Avoid disease/treatment language unless you have proper regulatory support
- Prefer appearance/feel/experience claims over medical outcomes
- FDA draws a line between cosmetics (appearance) and drugs (affect body structure/function)
Risky
"Treats dandruff"
"Cures scalp inflammation"
"Stops hair loss"
"Reduces acne"
Safer
"Helps hair look smoother"
"Soothes the feel of dry scalp"
"Reduces the look of thinning"
"Helps skin appear clearer"
Endorsements & Testimonials
▶- Results must be typical or clearly disclosed as atypical
- Avoid "before/after" imagery without context (timeframe, usage details, typical vs. exceptional)
- FTC requires clear, conspicuous disclosure of material connections (payment, free product, affiliate)
- Disclosures must be hard to miss — not buried in hashtags or fine print
Promotions
▶- Always include clear terms: eligibility, start/end dates, exclusions
- "While supplies last" must be truthful — adequate stock must exist at launch
- Subscription/auto-renew terms must be prominent before checkout
- Shipping thresholds ("Free shipping over $X") must be clearly stated
- State-specific sweepstakes/contest rules may apply
Privacy & Messaging
▶- Email/SMS consent language must be clear, specific, and separate from other checkboxes
- Opt-out mechanisms must be simple and honored promptly (10 business days for email, immediate for SMS)
- Every marketing message must reference your privacy policy
- CCPA/GDPR may require additional disclosures depending on audience
- SMS: must include brand name, message frequency, "STOP to cancel," "Msg & data rates may apply"
Intellectual Property
▶- Trademarks: verify ownership and proper usage (TM vs. ®) before using in marketing
- Collaboration and co-brand names need written agreements with clear IP provisions
- Licensed character usage requires verified, current license agreements
- UGC (user-generated content): always get written permission before repurposing
- Competitor names in copy — even for comparison — carry trademark risk
Employment / HR
▶- Avoid retaliation language — even casual remarks about performance in writing can be risky
- Careful with wage/working conditions topics in any public or semi-public communication
- Keep policies neutral and lawful; avoid language that could be seen as discriminatory
- Termination language should be reviewed by counsel before use
- Social media policies must not restrict protected concerted activity (NLRA)
Use this standard format when writing up a compliance review. Each section is editable — customize for the specific claim you are reviewing.
Risk Summary
State the overall risk level and top issues.
What to Change (Prioritized)
List each issue, why it is risky, and the recommended fix.
Safer Rewrites
Provide 2–4 alternative versions, from closest to original to most conservative.
Disclosures to Add
Draft exact disclosure language and specify placement.
Escalate to Counsel If
List triggers that require attorney involvement.
Common risky phrases and their safer alternatives. Use these as starting points — always adapt to the specific context and claim.
🏷️ Promotion Disclosures
BOGO Terms
Free Gift Terms
Subscription Terms
⚠️ Claim Disclosures
Individual Results Disclaimer
Study-Based Claim
⭐ Endorsement Disclosures
Paid Partnership
Material Connection — Gifted Product
🔒 Privacy Disclosures
SMS Consent
Email Consent
Data Collection Notice
🌱 Sustainability Disclosures
Recycled Material Claim
Recycling Instructions
If any of the following triggers apply, stop the review process and escalate directly to licensed counsel. Do not publish, approve, or distribute the material until counsel provides clearance.
Litigation Threats or Cease & Desist Letters
Forward immediately to legal counsel. Do not respond, acknowledge, or make any changes to the disputed material without legal guidance.
Regulatory Complaints (FTC, FDA, State AG)
Notify counsel and leadership immediately. Preserve all related communications and materials. Do not alter or remove content until directed.
Data Breach or Privacy Incident
Activate incident response plan. Notify counsel within 24 hours. Notification timelines may be as short as 72 hours under GDPR.
"Clinically Proven" or Medical Claims
Any claim implying clinical efficacy, disease treatment, or medical benefit must be reviewed by counsel and supported by adequate substantiation before publication.
Comparative Superiority Claims
Claims of being "#1," "best," or "better than [competitor]" require substantiation and legal review to ensure compliance with Lanham Act and FTC guidelines.
Character / Celebrity Licensing Agreements
All licensing terms, usage rights, approval processes, and territory restrictions must be reviewed by counsel before any materials are produced.
Employee Disputes or Termination Language
Any communications regarding performance issues, disciplinary action, or termination should be drafted or reviewed by employment counsel.
International Regulatory Requirements
Marketing materials targeting EU, UK, Canada, or Australia may be subject to different standards. Counsel should confirm compliance before launch in new jurisdictions.
Class Action or Consumer Complaints (Pattern)
If you notice repeated consumer complaints about the same claim or practice, escalate to counsel to assess exposure and determine corrective action.