Consumer Understanding: The Impact of Marketing Claims on Perception, Decisions, and Legal Disputes

Understanding how consumers interpret marketing claims is vital in false advertising and fraud cases. Polarized views on interpretation require empirical evidence to separate advocacy from reality, with consumer research providing scientific insights and real-world implications.

Through methodologically sound surveys, consumer research evaluates how contested claims are understood, their influence on purchasing decisions, and whether they justify premium pricing. These studies provide reliable, projectable data to support legal positions, helping resolve disputes with fact-based evidence.

Clear marketing communication is crucial since the majority of consumers rely on claims to make informed purchasing decisions.

Understanding how consumers interpret and respond to marketing claims is critical in resolving disputes and guiding litigation strategies. The following sections explore key aspects of consumer understanding and the role of research in strengthening legal cases.

Consumer Understanding in Litigation

Consumer understanding examines how consumers interpret marketing claims on packaging, advertisements, and promotional materials. Misalignment between a consumer’s interpretation and the intended message can lead to disputes, particularly when claims are unclear or open to multiple interpretations. Addressing these gaps is essential for assessing the legitimacy of claims, as courts often rely on evidence of how consumers truly perceive a company’s messaging. Clear communication in marketing is vital to aligning expectations and reducing legal risks.

Empirical consumer research is a powerful tool in resolving disputes over contested claims. Using scientifically sound, industry-accepted survey principles, this research gathers valid and reliable data to determine whether consumers interpret marketing claims as intended. Data from these studies provides critical evidence for substantiating allegations of false advertising or defending against them. With courts increasingly relying upon fact-based evidence, well-designed consumer surveys have become an indispensable tool in litigation. By projecting results to a broader population, consumer research ensures legal arguments are backed by credible and robust insights.

Beyond interpretation, consumer understanding studies assess the behavioral impacts of marketing claims, such as how they influence purchase decisions, product demand, or willingness to pay a premium. Behavioral insights provide a comprehensive view of how contested claims affect consumer actions, helping attorneys demonstrate whether marketing messages materially impacted purchasing decisions. This data strengthens legal strategies by linking consumer behavior directly to the claims in question.

Keegan & Donato Consulting has conducted numerous consumer understanding studies to address real-world issues like “natural” product claims and pricing and fees. These surveys reveal how marketing messages resonate with consumers and their role in influencing behavior. They also highlight instances where claims were misinterpreted, helping to refine litigation strategies. Fact-based evidence from these studies builds stronger legal arguments, ensuring cases are rooted in reliable data. By providing actionable insights, these studies have played a pivotal role in resolving disputes and guiding marketing compliance efforts.

Keegan & Donato Consulting has extensive experience conducting studies to determine how consumers understand contested marketing claims.

The real-world results that we have collected have provided our clients a foundation for presenting fact-based evidence in support of their positions to help bolster their case.

Do you have a case that involves consumer understanding of marketing claims?

Would your case benefit from knowing how consumers in a particular market perceive a marketing claim and the extent to which they align with the realities of the product being marketed?
Call us to find out how a consumer research study can strengthen your case.
Litigation Surveys & Survey Rebuttals to Help Drive Your Case Strategy Forward

Areas of Expertise

Likelihood of confusion

We use an experimental design (test vs. control) approach to deliver robust, statistically reliable evidence regarding likelihood of confusion.

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Strength of Mark

Survey evidence is a useful tool in proving (or disproving) the strength of a contested mark. Our tailored approach ensures that the most appropriate method is selected for your case.

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Secondary Meaning

Has your client’s mark acquired secondary meaning among consumers? Our survey evidence will provide the answer.

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Acquired distinctiveness

From product design to color, our survey evidence will help you determine how trade dress impacts consumers and your case.

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Lanham Act claims

We have extensive experience conducting surveys to test a wide variety of Lanham Act claims, including likelihood of confusion, secondary meaning, trade dress, and others.

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Consumer perception

Survey evidence can provide crucial information regarding how consumers perceive marks, product designs, colors, websites, and other stimuli.

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Consumer understanding

Our surveys provide thorough insights into how consumers process and understand marketing messages, labeling claims, disclaimers, and other communications.

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Rebuttal work

We have extensive experience rebutting surveys submitted by opposing experts covering a wide range of issues.

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