Advertising Survey Expert

False and misleading advertising expert Rhonda Harper understands that cases rely on survey evidence to demonstrate whether a particular claim or product packaging creates a misleading impression and that it has an impact on consumer purchasing decisions.  Specifically, a false and misleading advertising survey must:

1. Demonstrate that the advertising or claim at issue contains a false or misleading statement or inference about its own or a competitor's product;
2. Prove that the claim at issue has deceived or is likely to deceive a substantial portion of the relevant audience; and
3. Show the deception is material and is likely to influence purchasing decisions.

Rhonda Harper has conducted and rebutted hundreds of Lanham Act surveys, including those for false and misleading advertising.  She uses state-of-the-art survey platforms, leading sample companies, appropriate methodologies, and objective measures to ensure the survey meets court requirements.

Ms. Harper follows the standards set by J. Thomas McCarthy and Dr. Shari Diamond, among others, to ensure the validity of her research studies, including:

• Selecting the appropriate universe selection and sampling frame;
• Designing a rigorous and valid survey that is probative of the relevant issues in a case;
• Including representative, qualified respondents;
• Using procedures to minimize potential biases in data collection;
• Writing objective, non-leading questions;
• Constructing procedures to reduce guessing among respondents; and
• Providing a full analysis and reporting of survey data.

Ms. Harper has also successfully opined on consumer perceptions of advertising without a survey.