Your Direct Source Newsletter: Copywriting and Direct Response Tips and Techniques

FTC Expands Claim Substantiation Requirement

Two recent FTC settlements have expanded the type of substantiation required for certain health claims. These claims must now be backed by at least two adequate, well- controlled human clinical studies. In addition, certain disease or illness claims first must be pre-approved by the FDA.

The settlements involved Nestlé, S.A and Health Sciences USA Iovate companies. Nestlé, S.A claimed their probiotic product, BOOST Kids Essential, strengthens the immune system to protect users from colds and flu, and reduces absences from school. Nestlé must now do the following: (1)substantiate their claim relating to the reduction of absences from daycare or school with at least two adequate,well-controlled human clinical studies; (2) obtain pre-approval from the FDA for any product claiming to reduce the risk of colds and flu; and, (3) for other health claims, must have "competent and reliable scientific evidence that is sufficient in quality and quantity based on standards generally accepted in the relevant scientific fields, when considered in light of the entire body of relevant and reliable scientific evidence, to substantiate that the representation is true."

Under the Health Sciences USA Iovate companies settlement, any weight loss claim must be substantiated by two double-blind well controlled human clinical studies.

According to The Lustigman Firm, "The FTC has always frowned upon disease claims, it is again trying to formalize that policy in settlements. By prohibiting claims regarding the prevention of colds, flu, allergies or diseases, whether or not the claim is truthful and not misleading, unless the claim is first approved by the FDA, the FTC has made it much harder for marketers to make health related claims for dietary supplements. Also, by changing the required standard for weight loss and certain other health- related claims from competent and reliable evidence for health claims, to two well controlled human studies, the FTC is assuring that only that wealthiest companies will be able to market products with health claims relating to weight loss, colds and illnesses."

From: The Lustigman Firm, P.C., Advertising Alert, "FTC Expands Claim Substantiation Requirements in Two Settlements"

How to cut your direct mail testing costs

To test a format that would be very expensive to produce in small, test quantities, piggyback on a larger print run. Call your printers and ask if they are running the same format in a large quantity for another client. Then, with the client's permission, run your test piece as plate changes off their larger run. The printer can then split the savings between you and their other client.

Should your promotion offer a free gift or discount?

While both create a feeling of obligation in the recipient, the free gift is more powerful. We naturally feel obligated to reciprocate when someone gives us something. And, the higher the value of the gift, the more obligated we feel. This is known as the principle of reciprocation.

D. T. Regan, Journal of Experimental Social Psychology 7:627-639 (1971)

How to create a strong headline

Be specific: a specific headline has been proven to draw the reader into the copy. Legendary copywriter, Victor O. Schwab referred to this as the "attraction of the specific."

When using numbers, use the exact dollar amount, minutes, number of days, etc. Many successful headlines contain specific words or phrases that promise the reader more: Who, Where, When, Why, How, Which, Who Else, These, and Which of these.

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