What if the company had industry data that the statement is factual? That unionized employees are less empowered and companies that have unions do not yield the

What if the company had industry data that the statement is factual? That unionized employees are less empowered and companies that have unions do not yield the same ROI in their respective industry as their count parts? Would it still break federal law if the statement is factual from data? I feel like then the argument can be made that in his capacity it is no longer an opinion or representation of the company, but a stated observation of the industry itself.