Providing reliable evidence of materiality to consumers.
In cases alleging false or misleading advertising, plaintiffs must show that the statement was false or misleading—but that may not be sufficient. In some cases, they must also show that the statement influenced consumers’ purchasing decisions. To establish this, either side of a false advertising case can use a materiality survey.
Materiality surveys are also valuable in damages analyses, price premium calculations, and class certification. By quantifying the importance of a disputed element—such as an advertising claim or an infringing trademark—a materiality survey provides evidence about how much revenue may be attributed to that element, or how much more a consumer is willing to pay because of it. In class actions, materiality surveys can also demonstrate commonality across the proposed class.
IMS’s in-house survey experts design, conduct, and analyze surveys measuring materiality, with or without a companion false advertising survey, and can support clients’ evidentiary needs by rebutting opposing materiality surveys when called upon. Our survey team has extensive experience providing reliable testimony in high-stakes litigation. Count on IMS to bring reliable evidence to the table so you can focus on building your case.
