We’re all familiar with the classic product demonstrations in television commercials: who hasn’t seen re-enactments of the super-absorbent paper towel, or the dish detergent that cuts through grease with a single drop?

How do we define a demonstration?  Well, a demonstration is just that: a way for advertisers to show the product functioning as it actually would, as objective “proof” of performance.  As such, it is especially important that demonstrations actually consist of a true and accurate portrayal of the product.  When the FTC began bringing enforcement actions concerning advertising demonstrations in 1959, it encountered cases where products or props had been doctored, enhanced or replaced to achieve the desired performance, and the advertiser had not disclosed any modification.  Even if the product claim itself was not false, the issue was that the demonstration was false.   For example, in the early 1990s, Volvo ran an advertisement which showed a monster truck crushing other cars, except for a Volvo station wagon, in order to show that Volvo vehicles would provide superior safety in a collision.  However, the commercial was produced by weakening the competitor vehicles’ roofs and reinforcing the Volvo’s roof, and then subjecting the Volvo to less severe crushing by the truck – none of which was disclosed to consumers.  Subsequently, the FTC issued a consent order requiring Volvo to stop depicting demonstrations that involved undisclosed mock-ups or material alterations to products.Continue Reading Brand Activation Association Marketing Law Conference: Demonstrations