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12 - ACME Pharma ha 20% of the share in Rx's in its class and has been gained about 5% share over the previous year. NEWGUY Pharma has a 2% share, up from 1% the previous year. Can NEWGUY claim "fastest-growing" product within its class by virtue of a 100% growth? Even though ACME experienced only a 20%, twenty percent of a million is a lot more 100% of 20,000. How would PAAB rule NEWGUY's claim of "fastest-growing" or "largest annual growth"?
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The PAAB would reject the claims. For "Fastest growing" claims, there must be a minimum growth of at least 5% (absolute) over all other products in the same category during each of the last 6 consecutive and the product must have been on the market for at least one year. See the "Supplementary PAAB Guideline for the Review of Market Share Claims in Advertising".
