Claims and substantiation: performance, green and origin claims

Disclosure tells the audience that a post is commercial. Substantiation is about whether what the post says is true and supported. Every objective claim in a sponsored post, whether made by the brand or by the creator in their own words, must be backed by evidence that exists before the claim is made. This lesson explains how to identify claims, including implied claims, what level of evidence different claims require, and the special rules for comparative, environmental and country-of-origin claims. Health and other regulated product claims, which carry extra rules, are covered in lesson 7.

What counts as a claim

A claim is any statement or impression about a product that the audience could treat as a fact. Claims can be express, stated directly in words, or implied, conveyed through images, demonstrations, context or what is left out.

• Express: "This charger fills your phone in 15 minutes." "Removes 99 % of stains."
• Implied: a video showing a creator drinking a tea and then visibly relaxing, captioned "my anxiety fix," implies that the tea treats anxiety.
• Demonstrations: a before-and-after video implies that the product produced the change shown.
• Omissions: describing a phone plan's price without mentioning a mandatory activation fee implies the price is complete.

Opinions and obvious exaggeration are treated differently. "I love the smell" is a personal opinion that needs no test. Puffery, such as "the best coffee in the universe," is generally not treated as a factual claim because no reasonable person takes it literally. But puffery has limits: "the fastest-charging phone on the market" or "Canada's most trusted brand" sound like facts that can be measured and must be supported.

Substantiation must come first

The core principle in both countries is that evidence must exist before the claim is made. A brand cannot make a claim and look for proof only if someone complains. For creators, this means asking brands for the basis of any objective claim they want you to make, and not inventing claims of your own about how a product performs.

In the United States, the FTC's 1984 Policy Statement Regarding Advertising Substantiation requires advertisers to have a reasonable basis for objective claims before they are disseminated. What counts as a reasonable basis depends on factors such as the type of claim, the product, the consequences of a false claim, the benefits of a truthful one, the cost of developing substantiation and what experts in the field would consider reasonable. If an ad says or implies a specific level of support, such as "clinically proven" or "tests show," the advertiser must have that level of evidence; these are called establishment claims.

The creator's own claims

Creators often add their own claims to sponsored content, sometimes without realizing it. "This changed my life," "my skin has never been clearer" or "this saved me $200 a month" are statements of personal experience. They are acceptable if they are true for the creator and do not imply typical results that the brand cannot support. Problems arise when creators generalize: "this will clear your skin," "you'll save $200 a month." Those are product claims that need the brand's substantiation. A useful habit is to speak in the first person about real experiences and leave general product claims to the brand's approved, substantiated wording.

Comparative claims

Comparisons with competitors are lawful in both countries, and can be useful to consumers, but they must be fair and supported. A comparison must compare like with like, use tests that reflect real use, be current and not create a misleading overall impression, for example by choosing the one feature where the product wins and implying general superiority. Disparaging a competitor with false claims can also lead to lawsuits by the competitor. Creators should be careful about naming competitors in sponsored content; the brand should supply and stand behind any comparison.

Environmental claims

Environmental claims, often called green claims, are a growing area of enforcement. Vague words such as "eco-friendly," "green," "natural," "sustainable" or "planet-friendly" are risky because they imply broad environmental benefits that are rarely true across a product's whole life cycle. Specific, qualified claims, such as "packaging made from 80 % recycled paper," are safer when they are true and supported.

In the United States, the FTC's Guides for the Use of Environmental Marketing Claims, known as the Green Guides, were last revised in 2012. They advise against unqualified general claims such as "eco-friendly," explain how to qualify claims about recyclable, compostable, degradable and recycled content, and caution that carbon offset claims must be supported by competent and reliable scientific evidence and must not be double-counted. The FTC began a review of the Green Guides in December 2022; at the time of writing, revised guides had not been issued. Some states add their own rules: California, for example, restricts the use of recycling symbols and "recyclable" claims under a 2021 law, and a 2023 law requires disclosures about carbon-neutral and net-zero claims made in the state.

• Avoid general claims such as "eco-friendly" unless you can qualify them specifically and clearly.
• Specify whether a claim refers to the product, the packaging or part of either.
• Do not overstate: "made with recycled materials" when only 5 % is recycled is misleading.
• Treat "carbon neutral," "net zero" and "climate positive" claims with particular care; ask what emissions are included, how reductions were measured and whether offsets are relied on.
• Do not imply environmental certifications or seals that the product does not have.

Country-of-origin claims

Claims that a product is made in a particular country influence many buyers, so both countries regulate them.

In the United States, the FTC's Made in USA Labeling Rule, in force since 2021, makes it unlawful to label a product "Made in USA" unless the final assembly or processing occurs in the United States, all significant processing occurs in the United States and all or virtually all ingredients or components are made and sourced in the United States. Violations of the rule carry civil penalties. Qualified claims such as "Made in USA of imported parts" or "Assembled in USA" are allowed when accurate. Products such as cars and textiles have additional specific labeling laws.

Prices, savings and "free"

Price claims are common in creator content: discount codes, "save 50 %," "was $100, now $50," "free shipping," "free trial." They must be accurate. A "was" or "regular" price must be a genuine price at which the product was actually sold, not an inflated figure invented to make a discount look large. A "free" offer must really be free, with any conditions, such as a required purchase, subscription or shipping charge, stated clearly next to the offer. Creators should confirm the details of any price or savings claim with the brand and avoid exaggerating discounts in their own words.

Demonstrations and before-and-after content

Demonstrations are powerful because seeing feels like proof. That is why they must show what the product actually does, under conditions the audience would recognize. A stain remover tested on a fresh stain should not be presented as removing a stain that set for a week, and a vacuum shown picking up dry cereal should not imply equal performance on deep carpet. Mock-ups, such as using mashed potato instead of ice cream under hot lights, are generally acceptable only if they do not exaggerate the product's qualities being advertised. Before-and-after content needs particular care: the conditions in both shots, such as lighting, angle, makeup and time between shots, should be the same, the product should be the only meaningful difference, and the results should be typical of what users can expect or be clearly qualified. If you cannot honestly show a before-and-after without those safeguards, do not show it.