Know-How Exchange : Advertising/PR

Claims like this are supported by carefully designed and implemented market research surveys, conducted by reputable third-party providers.

There are no specific standards for claim-support research, so you have to (1) look at how others have done it in other categories, and (2) satisfy yourself that you'd be comfortable defending your approach in court (if it ever gets to that stage).

I've been involved in a number of claim-support research projects for companies in the United States (both as a VP-Marketing and as a consultant), and I've defended challenges by media compliance departments, the NAB and various quasi-legal proceedings.

The guiding principle seems to be that you are deemed to have claimed what consumers THINK you claimed (regardless of the weasel-words you might have used); and that the research findings and methodology support that claim and are technically defensible in the eyes of market research professionals/experts.

So you need to deal not just with the claim itself, but with what your consumers think you claimed. If you can support THAT with valid, legitimate, statistically-reliable market research findings, then you're OK. Otherwise, you could have a problem.

Note: I am not a lawyer, and this is not legal advice.

They hired a 3rd party to research/validate the claim: https://connect.tempurpedic.com/connect/learn/

But in general, it's what you say it is: https://tvtropes.org/pmwiki/pmwiki.php/Main/NineOutOfTenDoctorsAgree