Marketing experts' misplaced expertise in the courtroom

Unfair and deceptive marketing claims are becoming a mainstay of product liability litigation in the United States, and therefore, marketing experts will continue to play a significant role in these cases. Too often, judges permit individuals with no legitimate expertise in marketing to offer expert opinions about the intent and effect of a defendant company's advertisements. Many times, these opinions are premised on unscientific research or even no research at all. To protect the legitimacy of the marketing discipline, not to mention the litigation process, judges, lawyers, and marketing professionals should apply more stringent standards when determining who qualifies as a marketing expert and when assessing whether that expert's opinions have a legitimate basis.