GUIDELINES FOR SURVEY SAMPLING IN COMPARATIVE ADVERTISING ASSESSMENTS

Transcription

1 GUIDELINES FOR SURVEY SAMPLING IN COMPARATIVE ADVERTISING ASSESSMENTS Courtesy of: Phone: Web: NOTE: This document was prepared in June 2016, and is subject to modification as new information or standards arise. For more information, please see contact CorbinPartners.

2 Guidelines for Survey Sampling in Comparative Advertising Assessments Challenging an existing marketing claim from an opponent, or substantiating a new claim you plan to promote, requires adequate and proper testing. A consumer survey that is reliable, valid and relevant can be a valuable tool and key piece of evidence towards that goal. This criterion is based on good science and guidance from the Supreme Court of Canada (Mattel, Inc. v Canada Inc SCC 22). A survey s reliability refers to the degree of stability exhibited when that measurement is repeated under identical conditions. Key components to a reliable survey include a random, representative sample, and a sufficiently large sample size. For a broad-based survey, rth American precedents suggest a sample size of to 400 respondents at a minimum. That sample size range is exclusive of a standalone sample, if required, for a scientific control condition to measure cause and effect. If geographic differences, age differences, or other segmented differences are important to establish, a larger overall sample may be required. That is because in order to calculate for statistical reliability, any single subset of data that is important for comparison purposes should have 30 to 50 individuals in it as a minimum. For very small or specialized populations, smaller samples may suffice. Below are guidelines from different authorities, all related to survey sample size, confidence level and geographic distribution. These guidelines presented are based on large and diverse populations. SOURCE Guidelines for the Use of Research and Survey Data to Support Comparative Advertising Claims 2012 (Advertising Standards Canada) dvertising-en.pdf (Pgs. 5-6) Survey Methods and Practices 2010 (Statistics Canada) eng.pdf (Pg ) 400

3 Advertising Substantiation 2015 (Marketing Research Association MRA) (min. 100 for sub/control group) Best Practices in Sensory Advertising Claim Substantiation 2012 (American Society for Testing and Materials) ces_in_sensory_advertising_claims_substantiation.pdf Also see &lpg=pa111&dq=astm++sample+size+claim+test&source =bl&ots=hsnheqd713&sig=crdcyu_oeqx3bpsbippcftfrkti &hl=en&sa=x&ved=0ahukewicyyauqenmahxe4imkhrcxc ywq6aeigzaa#v=onepage&q=astm%20%20sample%20 size%20claim%20test&f=false (ASTM 2008) -400 of 2 markets in each of Reference Manual on Scientific Evidence-2011 (Federal Judicial Center / National Research Council) SciMan3D01.pdf (Pg. 381) Report on Best Practices in Conducting Surveys In Trademark Matters (INTA Courts and Tribunals Subcommittee) 20Best%20Practices%20in%20Conducting%20Surveys%20i n%20trademark%20matters.pdf Appropriate representation

4 Case in ASC Reviews 2014 decision by National Advertising Division (NAD), administered by Counsel of Better Business Bureaus of 2 markets in each of Conducting Community Surveys - A Practical Guide for Law Enforcement Agencies (US Department of Justice Bureau of Justice Statistics) (Pg. 14) Product Testing Design for Claims Substantiation and Advertising Challenges (Proskauer Rose LLP Presented at Brand Activation Assocation s 2015 Marketing Law Conference) All major regions. Two locations per region. (Pgs. 21, 27) What IP Attorneys Should Know About Expectations and Costs for Survey Research (The TASA Group Technical Advisory Service for Attorneys) peid=1&doccatid=13&docid=43 Legal Review : 9 out of 10 regulators prefer substantiated p claims 2013 (Venable LLP) bc78-40ea-8940-b564b2b972b0

5 Advertising Guidelines 2014 (NBC) delines.pdf (Pg ) ; 2 markets per region Advertising Standards and Guidelines 2014 (ABC) Advertising-Guidelines-.pdf (Pg ) 200 (for a superiority claim) For further information on survey sample size, see Corbin, R., Sample Size: how big is big enough? adapted from Chapter 9 of the Canadian Trademark Law Benchbook, Toronto: Carswell, 2014; copy available from