Did you know that superlatives can be subjective or objective? It can be confusing but we’ve had a lot of practice discerning the difference. Published circa 1969 and priced three shillings, the ASA’s Sixth Annual Report highlighted the need to strike a balance between superlatives as “a harmless form of salesmanship” and hyperbole “proclaiming qualities which require substantiation”. For guidance on creating your content with confidence, follow this exchange between Marketer and CAP as they separate the views from the verity.

Marketer:

Hi CAP. You’re looking dapper today, that blue suits you. Now, you know me – I aim to be creative, convincing and compliant when promoting my wares, so can I ask you a couple of questions about opinions and facts?

CAP:

Hi Marketer. It’s good to see you again. Absolutely, I’m here to help.

Marketer:

If I remember nothing else from our chat, what should I keep in mind about using opinions and facts when crafting my ad content?

CAP:

I’m glad you asked. Two words (and some asides), subjective (opinion) and objective (facts). These terms pop up here and there throughout the Advertising Codes. Ads shouldn’t materially mislead consumers, and you should be able to back up any claims consumers are likely to think are objective. However, you can express opinions or use ‘puffery’ – just make sure it’s clear what type of claim you’re making. The level of evidence needed to support different types of claims will largely depend on the context in which they appear and how the ASA believes consumers will interpret them.

Marketer:

Interesting what’s puffery?

CAP:

It’s like when you say your jokes are legendary. You’re a hoot, but we both know your jokes are not literally recorded in legend. Puffery is the kind of claim that consumers are likely to understand as obviously exaggerated language. For instance, a claim that a product is “magic” is clearly creative ‘fluff’ and unlikely to be considered a factual, objective claim that anyone would expect there to be evidence for.

Marketer:

So I think my stuff is the best, can I say that in my ad?

CAP:

Yes you can, but it makes a difference how you say it. As rule of thumb, if a criterion for the “best” claim is given, it’s likely to be regarded as an objective one (for example, “best-selling” or “best for fuel efficiency”). Claims that refer to the look, taste or feel of a product (for example the “best-looking”) are more likely to be considered matters of subjective interpretation. However some claims might be considered subjective in one context but objective in another. You’re probably picking up on this, but context is key. For example “best value”, when talking about price, could be seen as a claim to be the cheapest. In other contexts, such as quality of service, “value” might be seen as more subjective.

Marketer:

Got it. My customers think my stuff is amazing, can I share their views in my marketing?

CAP:

You sure can, just bear in mind that customer claims can be subjective or objective too and you can’t use a testimonial to make a claim you couldn’t otherwise. Testimonials alone do not constitute substantiation. If a testimonial expresses an opinion that relates to a claim that can be measured objectively (for example, a statement about the product’s efficacy), the claim should be supported with evidence. You should also be able to show that the testimonial is genuine of course.

Marketer:

Thanks CAP, that’s grand advice. I hate to leave you but I’ve got to dash, any chance you can jot down some key details that I can mull over later?

CAP:

Not a problem, happy to comply...

Key CAP Code rules:

ASA Rulings:

CAP advice & guidance:

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