Claims
“Number one.” “The only.” “Better than the leading brand.” These are the lines that sell, and the lines most likely to stop an ad at screening. In the Philippines the Consumer Act sets the legal floor and the Ad Standards Council sets the proof. Here is what each type of claim needs before it can run.
What does the law say about claims in ads?
The Consumer Act makes it unlawful “to disseminate or to cause the dissemination of any false, deceptive or misleading advertisement” by print, radio, television, outdoor advertisement or “other medium”. It also counts what an ad leaves out: the test takes into account “the extent to which the advertisement fails to reveal material facts”. A claim that is true but missing its qualifier can still mislead.
For food, drugs, cosmetics, devices and hazardous substances, Article 112 adds a narrower rule: “No claim in the advertisement may be made which is not contained in the label or approved by the concerned department.”
Which claims have to be screened first?
The ASC Manual names five must-screen claims: “#1/Leadership, Absolute, Comparative, Exclusivity and Superiority”. They need pre-screening even when they appear only in a hashtag; our guide to influencer posts covers how that plays out with creators. Each claim has its own standard of proof.
| Claim | Example in the Manual | What the ASC asks for |
| No. 1 or leadership | A “No. 1” claim on sales | At least the preceding 12 months of retail volume and value data, from an independent source |
| Absolute | “Guaranteed to clean clothes”, “100% germ-free” | Three separate but identical tests by an independent third-party agency, within 12 months |
| Comparative | “Makes clothes whiter than the leading powder detergent” | Verifiable bases from an independent third party, and a qualifier saying what it is compared against |
| Exclusivity | “The only shampoo and conditioner with Ilang-ilang fragrance” | Verifiable bases from a third-party source |
| Superiority | “Most trusted by Moms in toy safety for their Toddlers” | Independent third-party data; “Most Preferred” or “Most Recommended” needs a quantitative consumer study |
What does it take to say “No. 1”?
More than a strong quarter. The Manual defines a “No. 1” claim by “both retail sales volume and its corresponding monetary value”, and the proof must cover “at least, the immediately preceding 12-month cumulative data”. A national claim needs at least two provinces in each of North and Central Luzon, South Luzon, Visayas and Mindanao, plus a key city in each of the north, south, east and west of Metro Manila. A claim limited to an area “shall prominently specify the area or areas covered”.
Two more rules catch brands out. “No product or service without a competitor may make a ‘No. 1’ claim.” And an approved claim can be pulled: the ASC can issue a cease and desist order if a competitor proves its volume and value data for the preceding six months put it ahead. Services that cannot be measured by volume and value may still claim leadership “using category-accepted standards”.
Can you say “guaranteed” or “most trusted”?
Only with proof built for it. Absolute claims “must be substantiated by, at least, three (3) separate but identical tests conducted by an independent, 3rd party testing agency following the same methodology within a period of 12 months”. Softening the line does not change its category: “The word ‘helps’ or its equivalent cannot be used to circumvent an absolute claim.”
Lines like “most trusted” are superiority claims, permitted “only if proven to be true” through “independent, 3rd party data”. Even a parity line such as “Nothing beats Brand L”, which claims no advantage, “shall be substantiated and qualified as needed”.
Can you name a competitor?
In most categories, no. Direct comparison “is allowed only in product categories that have clear, definite, and accepted technology benchmarks which are measurable”, and the Manual lists them: automotive vehicles (not lubricants), consumer durables such as appliances and gadgets, aircraft and ships, musical instruments and entertainment devices, and mobile products. Even there, the rival must be identified “without disparaging or degrading the competitor’s logo, slogan or registered marks”.
Everywhere else, the comparison has to be indirect, and indirect means unrecognisable: no “visual or auditory cues, colors, symbols, slogans, titles, or statements” that point to a rival. It still needs a qualifier, such as “vs another brand” or “vs previous formulation”, and the second can only be used for one year after the last formulation change. Price comparisons have their own rules in Article 111 of the Consumer Act: a “former price” must be one the item sold at in the 90 days before the ad, or was offered at for at least four weeks of them.
Do claims expire?
Some do. “New” can be used “only for a period of one (1) year from date of launch”, and “improved” for two years, limited to the specific change. Time-bound claims backed by a third-party study “can only be used for a maximum period of one year” unless updated data is submitted.
What proof does the ASC accept?
The Manual’s examples include retail or home panel audit data for leadership claims, “Quantitative Consumer research (Qualitative research is not accepted)”, clinical or laboratory tests, published journals, and company certifications signed at VP level or higher. With research it wants the executive summary and the “Entire research protocol”. Company documents signed by the people who develop the brand’s advertising, such as brand managers, are not accepted.
The copy test
Before a claim goes into a script, ask which of the five it is and whether the proof already exists. If the evidence still has to be commissioned, the claim is a research project, not a headline, and the schedule should say so.
General information, not legal advice. Check the current ASC Manual and your category’s regulator before you commit a claim to production.
Where does the claim belong in the brief?
On the first page. PUNX is an AI creative agency in Makati: 50-plus people, founded 2023, producing for P&G, San Miguel, Petron, GCash and Sun Life. Whoever writes your next campaign, give them the claim and its proof before the first draft, so the line is written to the evidence instead of the evidence being hunted down for the line.
FAQ
Can an ad in the Philippines claim to be No. 1?
Yes, with proof. The ASC Manual asks for at least the preceding 12 months of cumulative retail volume and value data from an independent source, sets minimum regional coverage for a national claim, and requires an area claim to state the area. A product with no competitor cannot claim to be No. 1.
Can you mention a competitor’s brand in a Philippine ad?
Only in categories with measurable technology benchmarks: automotive vehicles, consumer durables, aircraft and ships, musical instruments and entertainment devices, and mobile products. Elsewhere, comparisons must be indirect and must not use cues that identify the rival brand.
Does adding “helps” avoid an absolute claim?
No. The ASC Manual says the word “helps” or its equivalent cannot be used to circumvent an absolute claim. Absolute claims need three separate but identical independent tests within 12 months.
How long can an ad say “new”?
One year from launch for the product’s basic function, not counting a test market period of up to six months. “Improved” can be used for two years, limited to the specific change.
Related
AI creative agency — what PUNX makes, and for whom
Influencer posts in the Philippines — the same claims, in a creator’s post
AI disclosure in Philippine ads — the ASC’s label for AI-made work
Got a headline claim?
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