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Globe Editorial

Advertising: We sue harder?

(Elaina Natario Photo Illustration)
December 2, 2009

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An ad agency would be almost delinquent in its duties if it didn’t proclaim that a client’s product is better than all rivals. Yet when AT&T sued rival Verizon over ads pooh-poohing AT&T’s 3G wireless data network, it was part of a trend toward contesting advertising claims in court or through the ad industry’s own formal grievance system - rather than fighting them out in the marketplace. As The New York Times reported last week, even the vague slogan “No other dog food stacks up like Iams’’ has prompted a formal challenge. But an independent arbiter would be hard-pressed to say what this claim means, much less whether it’s unfair to rivals such as Science Diet.

Some judgments are inherently subjective, and the threat that any and all comparisons could be subject to litigation would have discouraged some of the cleverest campaigns in advertising history. Car renter Avis’s declaration that “we try harder’’ than archrival Hertz surely wasn’t grounded in time-and-motion studies. The Pepsi Challenge did not meet strict standards of scientific inquiry. And had Apple’s legendary “1984’’ ad for the Macintosh run more than once, IBM could have demanded hard evidence that PC buyers were automatons who mindlessly followed Big Brother’s orders.

Claims in ads should have some basis in fact, of course, and companies shouldn’t be allowed to suggest that their products prevent diseases or the various scourges of aging without firm scientific evidence. But if a company is merely incensed when competitors claim to offer better services, the answer is to take out ads of its own.

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