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Substantiation

The consumer protection provisions of the Australian Consumer Law require advertising to be truthful and not misleading. To facilitate the classification of commercials containing claims, advertisers must provide adequate substantiation.

To avoid delays in classification, you can provide documentation to substantiate any claims made about the product or service being advertised when submitting your application.

Where substantiation has previously been provided you can either re-supply the substantiation OR quote the original key number and/or CAD Number on your new application. Any re-submission of substantiation or reliance on previous substantiation submitted is subject to a review by CAD for currency and relevance.

Some of the categories that require written substantiation or additional documentation include:

a) Therapeutic Goods or Devices
b) Alcoholic Beverages
c) Cinema Films/DVDs/Games
d) Adult Products and Services
e) Testimonials
f) Consumer Credit

If additional substantiation is required once your ad is submitted, a telephone call and/or email confirming the claims may suffice.

We may also require:

•   Confirmation of terms of guarantees and warrantees
Confirmation of rebate offers and any rebate value stated
Confirmation of Australian-made/Australian-owned claims
Entry terms and conditions for competitions to confirm prizes offered and entry mechanism
Confirmation of conditions applying to offers eg trade-ins, cashback offers, bonus offers, gift with purchase
Confirmation that percentage discounts are off normal selling prices.

Examples of other claims that may require substantiation include:

•  ‘25 per cent more power’
‘Biggest ever … sale’
‘Market leading’
‘Unique’
‘Exclusive to …’ (a specific retailer/publisher)
‘Award winning’
‘Price breakthrough’
‘World’s smallest, largest, fastest, leading’ etc
‘Biggest seller’
‘Endorsed by experts’
‘Cheapest ever’; ‘Our lowest prices ever’
‘New'
‘Top selling'.

For more information, refer to A-Z Television Production Checklist section of the Classification Handbook or click on any of the following Information Sheets:

Adult Products and Services
Alcoholic Beverages
Children

Cinema Films/DVDs/Games
Component Pricing
Consumer Credit
Disclaimers & On-Screen Text
Financial Products, Services & Advice
Gambling & Gaming
Legal Services
Mobile Premium Services
Motor Vehicles
Political Matter including Election Material
Real Estate
Telecommunications Products
Testimonials and Endorsements
Therapeutic Goods or Devices
Weight Loss Products or Services