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Advertising, Warning, & Instructions How Your Own Words Can Make Or Break You

Date: 3/19/12

Have you ever found your company under attack for what you thought was a well designed, state of the art safety video? Or a product label that was perfectly up to date a couple of years ago when you produced it? Or for an advertising claim that seemed fair, balanced and well supported by your in house testing?

Well you are not alone: failure to warn cases, often the last refuge of a weak product liability case, can take the very words you chose to protect users and turn them against you. They can be in conflict with your advertising, surpassed by your competitors, contradicted by a scene in that safety video you haven’t updated in a few years, or even sunk by internal inconsistencies.

And your advertising claims can be bedeviled by complaints of performance falling short of what was claimed, or worse, of personal injury.

Not to despair!  Our Advertising, Warnings and Instructions panel is chock full of ideas drawn from years on the battlefront, trying cases, working with agencies and building better mousetraps. We will offer suggestions and provide tools so that you can take the ingenuity that made you a market leader and use it to protect your flanks against charges of:
• unsubstantiated performance claims
• hypocrisy and conflicts in your advertising and safety materials
• warning labels that have been rendered outdated by your competitors’ efforts

Our panel will offer you a guide to promoting beneficial product use while avoiding the potential kickback from words and images chosen with the best intentions but without the bigger picture in mind. Through careful risk assessment, cooperative in-house teaming, and reaching out to your competitors to address common issues, you can develop a strategy to advance and then maintain your position in the marketplace.

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