Practical Guide to Comparative Advertising
Language: English
Published by Elsevier Science, 2018
- Softcover
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Condition: New
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Alerts research, development and marketing professionals to potential competition issues and legal concerns Provides a reference source for courts of law with respect to accepted industry standards and practices Presents an auth.
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- Title
- Practical Guide to Comparative Advertising
- Author
- Ruth M. Corbin|Rebecca N. Bleibaum|Tom Jirgal|David Mallen|Christine A. Van Dongen
- Publisher
- Elsevier Science
- Publication year
- 2018
- Condition
- New
- Binding
- Soft cover
- Language
- English
- ISBN 10
- 0128054719
- ISBN 13
- 9780128054710
Practical Guide to Comparative Advertising: Dare to Compare is an authoritative, engaging handbook on comparative advertising for food and non-food consumer products. Claim substantiation is a common stakeholder interest among management, advertisers, lawyers and researchers. This handbook covers the corporate culture and strategic goals that encourage comparative advertising, laws and regulations, standards for research evidence, and examples that bring the concepts to life. Of particular value to corporate brand managers, the book includes a checklist of process steps and quality controls that allow managers to orchestrate comparative ad campaigns and manage the risk of complaints from indignant competitors.
- Alerts research, development and marketing professionals to potential competition issues and legal concerns
- Provides a reference source for courts of law with respect to accepted industry standards and practices
- Presents an authoritative perspective, in plain language, on laws and regulations governing comparative advertising, and on worldwide standards governing research evidence in support of advertising claims
- Covers food and beverage, nutritional supplements, cosmetics and other consumer advertised products
"Synopsis" may belong to another edition of this title.
About the Author
Ruth is co-author of two books on Intellectual Property measurement and protection, author of the Canadian Federal Court benchbook chapter on Surveys and other Marketplace Evidence, and author of a published series of educational articles called “Dare to Compare, regarding the strategies, laws, and required evidence governing comparative advertising. She led a national team on behalf of Advertising Standards Canada to update standards for evidence in trade disputes, and led the initiative of the Market Research and Intelligence Association (MRIA) to update Canada’s standards for social science research and to harmonize them with those of ESOMAR. Ruth is currently the chair of MRIA’s Dispute Resolution Committee, whose mandate includes bridging communications between the courts and experts about litigation standards for evidence and best practice standards in the research industry.
Rebecca N. Bleibaum, M.A., is President/Chief, Sensory Intelligence of Dragonfly SCI, Inc. a sensory and consumer insights research company in the San Francisco Bay Area, specializing in product testing and professional education. Bleibaum has over 25 years of experience in applied research from Tragon Corporation as their Chief Sensory Officer. She is co-developer and instructor of UC Davis Extension’s popular and long running “Applied Sensory & Consumer Science. In 2016, she was awarded the prestigious UC Davis Extension Outstanding Service Award for her contributions and dedication to the University's continuing education program. (www.dragonflysci.net)
Bleibaum is co-author of Sensory Evaluation Practices, Fourth Edition (2012), A Practical Guide to Comparative Advertising: Dare-to-Compare (est. 2018), previous Chair of ASTM International, Committee E-18 on Sensory Evaluation, has received five ASTM awards for contributions and the Award of Merit, has spoken at numerous professional events, and had given hundreds of impactful client presentations over the years in wine, beer, and a wide variety of FMCG products. Bleibaum’s goal is to teach the fundamentals of sensory and consumer science to entrepreneurial spirited teams to help them become more successful in the marketplace.
Thomas Jirgal is a commercial litigator and trial attorney whose national practice focuses on intellectual property, advertising and general litigation matters. He co-chairs Loeb & Loeb's Advertising Disputes practice group.
Mr. Jirgal has nearly twenty years of experience representing clients in the entertainment, communications, food, and financial services industries in cases involving copyright, trademark, trade secret, corporate espionage, false advertising, contract, fiduciary duty, defamation, invasion of privacy, employment, civil forfeiture, antitrust and unfair competition claims. He regularly represents clients in state and federal court, in private arbitration and before the Better Business Bureau’s National Advertising Division. He also counsels clients on advertising matters, including the substantiation needed for advertising claims, and the management, licensing and protection of intellectual property rights.
The advertising disputes in which Mr. Jirgal is involved often turn on cutting-edge technological issues, and the effective presentation of complex testing and statistical analysis. As an essential part of his practice, Mr. Jirgal also regularly oversees the design and critique of consumer perception surveys that can be dispositive in an advertising dispute involving implied claims.
David Mallen is partner and co-chair of advertising disputes at Loeb and Loeb LLP. He presently serves as Vice Chair of the American Bar Association’s, Section on Antitrust Law, Advertising Disputes & Litigation Committee.
In his capacity at Loeb and Loeb, Mr. Mallen offers guidance to marketers from a variety of industries in connection with national advertising campaigns, analysis of claim substantiation issues, and resolution of advertising disputes. He has specialized experience in industry sectors of food and beverages, cosmetics, OTC drugs, telecommunication services, consumer household products dietary supplements, and information technology.
Mr. Mallen is a popular speaker at conferences and workshops on advertising claim substantiation, U.S. standards for industry self-regulation, advertising in social media, sustainability and green marketing, and scientific sensory testing. He is the co-author of the e-book How To Make Credible Green Marketing Claims. What Marketers Need to Know about The Updated FTC Green Guides.
Dr. Christine van Dongen is Associate Director of the Sensory and Consumer preference Group at R & D Minneapolis for Nestlé Health Science. Her academic training was in experimental psychology, philosophy of science, and human development. She has focused her career on measuring the human response to products, both food and non-food, for a range of companies. Her areas of focus are on delivering actionable research outputs to manage the risk in product innovation and renovation, developing new methods to measure sensory and hedonic responses to consumer products, statistics, research methods when humans provide the responses, and claims substantiation. Her almost 30-year career in consumer packaged goods companies is complemented by academic teaching. She has been active in professional organizations, including contribution to ASTM’s standards on claims substantiation.
"About the title" may belong to another edition of this title.
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Moluna GmbH
Engberdingdamm 27
Greven, Germany 48268
Terms of sale
Instructions for revocation/
Standard Business Terms and customer information/ data protection declaration
Revocation right for consumers
(A ‘consumer’ is any natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities.)
Instructions for revocation
Revocation right
You have the right to revoke this contract within one month without specifying any reasons.
The revocation period is one month with effect from the day,
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on which you or a third party nominated by you, which is not the carrier, had taken possession of the products, provided you had ordered one or more products within the scope of a standard order and this/these product/products is/are delivered uniformly;
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on which you or a third party nominated by you, which is not the carrier, had taken possession of the last product, provided you had ordered several products within the scope of a standard order and these products are delivered separately;
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on which you or a third party nominated by you, which is not the carrier, had taken possession of the last part delivery or the last unit, provided you had ordered a product, which is delivered in several part deliveries or units;
In order to exercise your revocation right, you must inform us (Moluna GmbH, Engberdingdamm 27, 48268 Greven, Telephone number: 02571/5 69 89 33, Fax number: 02571/5 69 89 30, E-Mail address: abe@moluna.de) of your decision to revoke this contract by means of a clear declaration (e.g. a letter sent via post, fax or email). You can use the enclosed specimen revocation form for this, which however is not mandatory.
In order to safeguard the revocation period, it is sufficient that you send the notification about the exercise of the revocation right before the expiry of the revocation period.
Consequences of the revocation
If you revoke this contract, we shall repay all the payments, which we received from you, including the delivery costs (with the exception of additional costs, which arise from that fact that you selected a form of delivery other than the most reasonable standard delivery offered by us), immediately and at the latest within 14 days from the day on which we received the notification about the revocation of this contract from you. We use the same means of payment, which you had originally used during the original transaction, for this repayment unless expressly agreed otherwise with you; you will not be charged any fees owing to this repayment.
We can refuse the repayment until the products are returned to us or until you have furnished evidence that you have sent the products back to us, depending on whichever is earlier.
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You bear the direct costs for returning the products.
You must pay for any depreciation of the products only if this depreciation can be attributed to any handling with you that was not necessary for checking the condition, features and functionality of the products.
Criteria for exclusion or expiry
The revocation right is not available for contracts
for delivery of products, which are not prefabricated and for whose manufacturing an individual selection or stipulation by the consumer is important or which are clearly tailored to the personal requirements of the consumer;
for delivery of products, which can spoil quickly or whose use-by date would be exceeded quickly;
for delivery of alcoholic drinks, whose price was agreed at the time of concluding the contract, which however can be delivered 30 days after the conclusion of the contract at the earliest and whose current value depends on the fluctuations in the market, on which the entrepreneur has no influence;
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The revocation right expires prematurely in case of contracts
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for delivery of products if they have been mixed inseparably with other goods after the delivery, owing to their condition;
for delivery of sound or video recording or computer software in a sealed package if the seal has been removed after the delivery.
Specimen - revocation form
(If you wish to revoke the contract, please fill up this form and send it back to us.)
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To Moluna GmbH, Münsterstr. 105, 48268 Greven, Fax number: 02571/5 69 89 30, Email address: abe@moluna.de :
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I/we () herewith revoke the contract concluded by me/ us () regarding the purchase of the following products ()/
the provision of the following service () -
Ordered on ()/ received on ()
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Name of the consumer(s)
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Address of the consumer(s)
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Standard Business Terms and customer information / data protection declaration
I. Standard business terms
§ 1 Basic provisions
(1) The following terms and conditions of business apply for all contracts concluded with us as the supplier (Moluna GmbH) via the websites AbeBooks and/or ZVAB. Unless otherwise agreed, the inclusion of your own terms and conditions is explicitly rejected.
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§ 2 Conclusion of the contract
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b) You can re-sell the goods within the framework of an orderly transaction. In this regard, you hereby cede all the claims amounting to the magnitude of the billing amount that accrue to you as a result of the re-selling operation to us, and we accept the cession. Furthermore, you are authorised to collect the claim in question. However, insofar as you do not discharge your payment obligations in an orderly fashion, we reserve the right to collect the claim ourselves.
c) In a situation involving the combination and amalgamation of the goods subject to retention of title, we acquire co-ownership of the newly-formed item. This co-ownership corresponds to the ratio that exists between the invoice value of the goods subject to retention of title and the other processed items at the time of processing.
d) If you make a request of this nature, we shall be obligated to release the securities that are due to us, to the extent that the realisable value of our securities exceeds the claim to be secured by more than 10%. We are responsible for selecting the securities to be released.
§ 4 Warranty
(1) The statutory warranty rights are applicable.
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(3) If a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed to be agreed if you were informed of the same by us before submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
(4)
Insofar as you are an entrepreneur, the following shall apply in deviation from the above warranty provisions:
a) Only our own specifications and the manufacturer's product description shall be deemed agreed as the quality of the goods, but not other advertising, public promotions and statements by the manufacturer.
b) In the event of defects, we shall, at our discretion, provide warranty by rectification of the defect or subsequent delivery. If the rectification of defects fails, you may, at your option, demand a reduction in price or withdraw from the contract. The rectification of defects shall be deemed to have failed after a second unsuccessful attempt, unless the nature of the goods or the defect or other circumstances indicate otherwise. In the event of rectification of defects, we shall not be obliged to bear the increased costs arising from the transport of the goods to a place other than the place of performance, unless such transport is in accordance with the intended use of the goods.
c) The warranty period shall be one year from delivery of the goods. The shortening of the period shall not apply
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- in the case of items which have been used for a building in accordance with their customary use and have caused its defectiveness;
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(1) German law shall apply. This choice of law only applies to customers if it does not result in the revocation of the protection guaranteed by the mandatory provisions of the law of the country in which the respective customer’s usual place of residence is located (benefit-of-the-doubt principle).
(2) If you are not a consumer, but a businessman, a legal entity under public law or an institutional fund governed by public law, our place of business is the place of jurisdiction as well as the place of fulfilment for all services that follow from the business relationships that exist with us. The same condition applies to situations in which you are not associated with a general place of jurisdiction in Germany or the EU, as well as situations in which the place of residence or the usual place of residence is not known at the time of commencement of proceedings. This has no bearing on the capacity to call upon the court associated with another place of jurisdiction.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods are explicitly inapplicable.
II. Customer information
- Identity of the seller
Moluna GmbH
Engberdingdamm 27
48268 Greven
Germany
Telephone: 02571/5698933
E-Mail: abe@moluna.de
- Information regarding the conclusion of the contract
The technical steps associated with the conclusion of the contract, the contract conclusion itself and the correction options are executed in accordance to the regulations "conclusion of the contract" in our standard business terms (part I.).
- Contractual language, saving the text of the contract
3.1 Contract language shall be English.
3.2 The complete text of the contract is not saved with us. Before the order is sent, the contract data can be printed out or electronically saved using the browser’s print function. After the order is received by us, the order data, the legally-mandated details related to distance selling contracts and the standard business terms are re-sent to you via e-mail.
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Unless a different period is specified in the item description or our delivery conditions, the goods are delivered within 3-5 days after the conclusion of the contract (in case an advance payment has been agreed upon, after the payment authorisation).
6.2 If you are a consumer, the following is statutorily regulated: The risk of the sold item accidentally being destroyed or degraded during shipping only passes over to you when the item in question is delivered, regardless of whether or not the shipping operation is insured. This condition does not apply if you have independently commissioned a transport company that has not been specified by us or a person who has otherwise been appointed to execute the shipping operation.
If you are a businessman, the delivery and shipping operations take place at your own risk.
- Statutory warranty right
Liability for defects is governed by the “Warranty” provisions in our General Terms and Conditions of Business (Part I).
last update: 01.01.2022
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If the data processing outlined here is based on our legitimate interests in accordance with Article 6(1)f) GDPR, you have the right for reasons arising from your particular situation to object at any time to the processing of your data with future effect.
If the objection is successful, we will no longer process the personal data, unless we can demonstrate compelling legitimate grounds for the processing that outweigh your interests or rights and freedoms, or the processing is intended for the assertion, exercise or defence of legal claims.
last update: 10.01.2022