Understanding Consumer Perception: How Marketing Claims Influence Decisions and Drive Litigation Risks

Marketing claims are key to shaping consumer perceptions and purchase decisions. Manufacturers highlight attributes like ingredients, efficacy, and performance in packaging and ads to communicate value and build trust. However, misleading claims or unmet consumer expectations often result in allegations of false advertising or fraud.

Strict regulations by the FDA, FTC, and others govern product labeling and marketing claims, especially in health-related industries. Violating these regulations can lead to litigation. Consumer research offers reliable data to assess whether claims align with perceptions, serving as critical evidence in legal disputes.

By providing empirical evidence on consumer perceptions and behaviors, we support attorneys in building robust, data-driven cases.

Consumer research is instrumental in understanding how marketing claims influence decision-making. Insights from the following topics help businesses align their strategies with consumer expectations and mitigate potential legal challenges:

Impact of Product Attributes on Purchasing Decisions

Product attributes, such as ingredients, efficacy, performance, pricing, and technical specifications, directly influence consumer decisions. Highlighting these elements builds trust, but overstating or misrepresenting attributes can lead to confusion or dissatisfaction. Research into claims like “all natural” or “100% natural” demonstrates how consumer perceptions of these attributes affect purchasing decisions and highlights the importance of ensuring claims align with product realities to support informed decision-making.

Packaging and labeling act as a primary communication tool between brands and consumers. Elements like design, imagery, and text impact consumer perceptions of quality, value, and brand reputation. Clear and honest labeling helps build consumer trust, while misleading or ambiguous packaging can lead to dissatisfaction and potential legal disputes. Research helps uncover whether consumers interpret these elements as intended or if they mislead, particularly for claims like “natural” or “eco-friendly,” which often play a major role in consumer choices.

Regulations from bodies like the FDA and FTC ensure marketing claims are accurate and non-deceptive. Compliance fosters consumer trust, especially in industries with health and safety implications. Non-compliance not only risks legal action but also erodes consumer confidence, emphasizing the importance of adhering to regulatory standards in marketing strategies. Consumer research can test whether marketing claims align with these regulations, and data-driven insights help identify discrepancies between consumer interpretations and regulatory expectations.

Consumer research evaluates how individuals perceive and interpret marketing claims. Surveys and studies identify whether claims align with consumer expectations and whether they influence purchasing behavior. These insights provide valuable data to refine marketing strategies and defend or challenge claims in litigation.

Misleading marketing claims can create confusion or false expectations, resulting in legal challenges. Allegations of false advertising or consumer fraud often hinge on how consumers interpret claims. By understanding and aligning consumer perceptions with marketing messages, companies can reduce litigation risks and safeguard their reputation. Reliable data from studies like those conducted by Keegan & Donato Consulting supports litigation strategies, reducing risks and strengthening case outcomes.

Keegan & Donato Consulting has extensive experience conducting surveys on consumer perception of manufacturers’ claims.

Through our research, we have provided our clients with reliable empirical data regarding consumer perceptions of the key claims driving their cases.

Do you have a case that involves consumer perception 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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