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The
consumer market is increasingly
competitive. Now it is
ubiquitous for business managers
the use of creative, compelling
and aggressive brand claims
trying to catch consumers'
attention on the unique and
distinctive benefits of a
product, particularly those that
can be easily perceived by
consumers. The use of positive
references in advertising,
packaging or both, in the
presentation of products to
consumers, must be supported by
product testing.
Testing is conducted to
determine how one product
compares to another, usually a
competitor or an earlier version
of itself, with the purpose to
ascertain and establish the
product's performance within the
scope of its intended use.
As
more compelling and aggressive
are the brand claims, they are
sure to be scrutinised more
closely by competitive firms,
and if inconsistencies or
inaccuracies are found through
competitive test data, the
claims might be challenged.
Therefore, one of the product's
performance tests must be
designed specifically to
substantiate claims to fit
within the commercial and legal
framework.
Protecting
from Claim Challenges or
Challenging Competitors' Brand
Claims
Claims
could be challenged in one or
more of the following venues:
(1) National Commercial,
Industrial or Advertising
Bureau/Boards, (2) Consumer
Advocacy Organisations, and (3)
Civil Courts (according to the
legal framework pertaining the
topic in each country).
There
is no standard testing
methodology or single test
design that can prevent future
challenges or support the
formulation of challenges
against competitors' existing
claims. The criteria used by
jurors/arbiters of forums
differs and is constantly
evolving. The only one constant
is that, as advocates of the
client's positions, attorneys
will vigorously defend their
client's testing processes and
protocols while questioning with
great detail every aspect of
their competitor's processes and
protocols in an attempt to sway
the jurors/arbiters to agree
that their clients are in the
right.
In
these commercial or legal
scenarios, the professional
competence of the laboratory
that conducted the product's
performance test is critical. In
that venue, CONSUMERTEC's
laboratory offers to the
consumer industry the following:
More than 30 years of experience
of conducting comparative
independent testing of household
products, in the fields of home
and laundry care, personal care,
and foods and beverages; in
relevance mostly to several
countries in Latin America
Legal recognition from
authorities as a competent
laboratory to conduct
comparative tests according to
the international standard:
ISO/IEC Guide 46:2017.
Comparative testing of consumer
products and related services -
General principles
Legal recognition from
authorities as a competent
laboratory to conduct
comparative tests according to
the international standard: ISO
11056:1999 (reconfirmed in
2010). Sensory analysis -
Methodology - Magnitude
estimation method.
Legal recognition from
authorities as a competent
laboratory to conduct
comparative tests according to
the international standard: ISO
4319:1977 (reconfirmed in 2019).
Surface active agents -
Detergents for washing fabrics -
Guide for comparative testing of
performance.
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How
do we work? What is your gain?
CONSUMERTEC
is contracted in an occasional
project base to join a client's
Marketing or R&D teams in
charge of brand claims. The team
is usually responsible for the
following goals:
- to design product's
performance test in line
with brand claims or vice
versa
- to evaluate test results
and build communication
materials accordingly
- to generate appropriate
documentation required by
the company legal staff
As
a team member CONSUMERTEC
assumes goal responsibility and
provides team's work support,
deploying full capabilities and
technologies: in-vitro and
in-silico methodologies at
laboratory level, and in-vivo
household methodologies, in
order to reach goals effectively
and efficiently. In other words,
we deploy full capabilities and
expertise, with no limits, in
line with team plans and
actions.
Any
doubts? Do not hesitate, contact
us
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