Legal Review of Marketing Claims: A Checklist for Missouri Businesses

Educational guide · Last reviewed August 3, 2026

By Dontay Phillips, Founder & Principal Attorney, ClearScope Counsel

A campaign can be creative and still create a legal problem. Most issues are not hidden in the fine print. They start with a headline, a before-and-after image, a price comparison, a testimonial, or a claim the team assumed was obviously true.

The right time for review is before the ad is released, not after the campaign is live and the explanation has to catch up.

Read the whole message, not just the headline

A claim can be express or implied. The words matter, but so do the images, layout, product demo, comparison, asterisk, and what a reasonable customer takes away from the page.

• What specific result, savings, performance, feature, or comparison will a customer understand?
• Does the visual or testimonial communicate more than the words say?
• Would a customer read a limitation differently than the team intended?

Build support before you publish

Objective claims need support that matches the claim. Keep the material you relied on before publication: test results, records, pricing data, survey support, product specifications, approvals, or other evidence that fits the message.

Give high-risk claims a separate pass

• Price, savings, financing, "free," rebate, or limited-time claims
• Health, wellness, safety, environmental, and performance claims
• Reviews, testimonials, endorsements, and influencer posts
• Comparisons to a named competitor or an identifiable alternative
• Sweepstakes, contests, giveaways, and joint promotions
• Claims about automation, AI capability, data security, or product accuracy

Make disclosures do their job

A disclosure cannot repair a central claim it contradicts. When a qualification is appropriate, place it where people will see it, use plain language, and make sure it travels with the claim on the device and channel where the customer will encounter it.

Keep a simple claim file

For significant campaigns, save the approved final creative, the evidence behind each material claim, the reviewer, the approval date, and any required disclosure. A short, organized file makes future updates safer and faster.

When to send a campaign for legal review

• The campaign makes a new claim, enters a new market, or reaches a new audience.
• The claim touches regulated products, consumer data, money, health, children, or a government affiliation.
• The business is using a partner's name, image, trademark, content, or customer testimonial.
• The team is not sure what evidence supports the claim.

Reference framework. This guide summarizes principles from the FTC's Advertising and Marketing Basics guidance and the FTC Policy Statement Regarding Advertising Substantiation. Educational only: general information, not legal advice, and no attorney-client relationship is created. Laws and contract terms are fact-specific and change; consult qualified counsel before relying on this guide. Published by ClearScope Counsel, LLC. Last reviewed August 3, 2026.