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Compilation of NAD Challenges

Self-regulation

CRN's summary of the dietary supplement advertising decisions issued by the National Advertising Division (NAD) in conjunction with the CRN/NAD Advertising Review Program can help stakeholders better understand what claims raise red flags—so they can avoid making these kinds of claims.

CRN publishes this web page as a service to its members and for informational purposes only. It is not intended as a substitute for legal advice. Please consult professional legal counsel with any specific questions or for legal advice regarding the information published on this website.

Please visit the online archive of the Advertising Self-Regulatory Council for subscription access to complete decisions.

Cases shown as of January 2018

Search via the fields provided below or scroll/page through to browse cases. Download PDF.

Advertiser:
ABBOTT LABRATORIES
Product:
Ensure Muscle Health
Case Number:
5325
Type:
  • Case Report
Date of Decision:
Referred to government agency:
No
Challenger:
NAD
Supplement Category:
  • Muscle Health
Types of Claims:
  • Exclusivity
  • Performance
  • Ingredient
  • Efficacy
Examples of Claims:
• New scientific advances have led to a breakthrough in the fight against muscle loss.
• Promotes muscle growth by increasing protein synthesis to help your body produce more muscle.
• New Ensure Muscle Health has Revigor, the amino acid metabolite HMB, and protein to help rebuild muscle and strength naturally lost over time.
Examples of Claims (New):
  • New scientific advances have led to a breakthrough in the fight against muscle loss.
  • Promotes muscle growth by increasing protein synthesis to help your body produce more muscle.
  • New Ensure Muscle Health has Revigor, the amino acid metabolite HMB, and protein to help rebuild muscle and strength naturally lost over time.
Advertiser:
Abbott Nutrition
Product:
Ensure Clinical Strength Nutrition Supplement
Case Number:
5501
Type:
  • Case Report
Date of Decision:
Referred to government agency:
No
Challenger:
Nestlé Healthcare Nutrition Inc.
Supplement Category:
  • General Health
Types of Claims:
  • Efficacy
  • Clinically Proven/Shown
Examples of Claims:
• Ensure nutritional drink is “clinical strength” and provides “clinical nutrition” that will help ailing patients to recover more quickly.
• 3 out of 4 doctors recommend the Ensure Clinical Strength variety and is the number one doctor recommended drink and as opposed to the Ensure brand (implied claims).
Examples of Claims (New):
  • Ensure nutritional drink is “clinical strength” and provides “clinical nutrition” that will help ailing patients to recover more quickly.
  • 3 out of 4 doctors recommend the Ensure Clinical Strength variety and is the number one doctor recommended drink and as opposed to the Ensure brand (implied claims).
Advertiser:
Advance Nutritional Innovations, Inc.
Product:
ionDEFENDER
Case Number:
5959
Type:
  • Case Report
Date of Decision:
Referred to government agency:
Challenger:
CRN
Supplement Category:
  • Radiation/Cell Protection
Types of Claims:
  • Performance
  • Establishment
Examples of Claims:
• Protect the body against damaging radiation!
• ...clinically proven to reduce oxidative stress by stimulating the body to produce more of its own protective antioxidant enzymes.
• It also helps protect the body against free-radicals generated by toxins, including hangover (alcohol), airline cabin air (ozone), and those created by normal metabolism, all factors in aging.
Examples of Claims (New):
  • Protect the body against damaging radiation!
  • ...clinically proven to reduce oxidative stress by stimulating the body to produce more of its own protective antioxidant enzymes.
  • It also helps protect the body against free-radicals generated by toxins, including hangover (alcohol), airline cabin air (ozone), and those created by normal metabolism, all factors in aging.
Advertiser:
Advanced Orthomolecular Research
Product:
UTI Cleanse, Now with Cranberry
Case Number:
5891
Type:
  • Case Report
Date of Decision:
Referred to government agency:
No
Challenger:
NAD
Supplement Category:
  • Urinary Health
Types of Claims:
  • Performance
  • Establishment
Examples of Claims:
• A natural solution for urinary tract infections.
• Provides plant extracts for preventing UTIs.
• Helps fight off acute UTIs and prevent their recurrence.
• Safe and effective relief without the side effects of antibiotics.
Examples of Claims (New):
  • A natural solution for urinary tract infections.
  • Provides plant extracts for preventing UTIs.
  • Helps fight off acute UTIs and prevent their recurrence.
  • Safe and effective relief without the side effects of antibiotics.
Advertiser:
Airborne Health Inc.
Product:
Airborne
Case Number:
4648
Type:
  • Case Report
Date of Decision:
Referred to government agency:
Challenger:
NAD
Supplement Category:
  • Immune Health
Types of Claims:
  • Performance
  • Implied Claim
Examples of Claims:
• Germs are everywhere. Take Airborne to boost your immune system, fight viruses and help you stay healthy.
• Take Airborne. The immune boosting tablet that helps your body fight germs.
Examples of Claims (New):
  • Germs are everywhere. Take Airborne to boost your immune system, fight viruses and help you stay healthy.
  • Take Airborne. The immune boosting tablet that helps your body fight germs.
Advertiser:
Akeso Health Sciences, LLC
Product:
MigreLief Original Formula for Adults & Children's Migrelief
Case Number:
5706
Type:
  • Case Report
Date of Decision:
Referred to government agency:
No
Challenger:
CRN
Supplement Category:
  • Migraine Relief
Types of Claims:
  • Establishment
  • Performance
  • Testimonials
Examples of Claims:
• MigreLief contains a patented ‘Triple Therapy’ approach to reestablishing normal cerebrovascular tone and function which is disrupted in children who have migraines.
• Puracol, MigreLief’s proprietary blend of two unique feverfew sources, magnesium from two
sources and high dose, highly absorbable riboflavin (Vitamin B-2) have all independently been
shown to be of significant therapeutic benefit to chronic migraine sufferers.
Examples of Claims (New):
  • MigreLief contains a patented ‘Triple Therapy’ approach to reestablishing normal cerebrovascular tone and function which is disrupted in children who have migraines.
  • Puracol, MigreLief’s blend of 2 unique feverfew sources, magnesium from 2 sources and high dose, highly absorbable riboflavin (Vitamin B-2) have all independently been shown to be of significant therapeutic benefit to chronic migraine sufferers.
Advertiser:
Akeso Health Sciences, LLC
Product:
MigreLief Dietary Supplements
Case Number:
5706C
Type:
  • Compliance
Date of Decision:
Referred to government agency:
Challenger:
CRN
Supplement Category:
  • Migraine Relief
Types of Claims:
  • Performance
  • Establishment
Examples of Claims:
• In addition of high doses of riboflavin, a specific combination of two forms of magnesium which maximize absorption and efficacy are used in MigreLief...contains high levels of parthenolides and other active components which other feverfew products cannot guarantee.
• MigreLief combines all three of these ingredients into one formula, at the dosages the clinical studies show are beneficial.
• ...can safely be used with your migraine prescription medications or by itself.
Examples of Claims (New):
  • In addition of high doses of riboflavin, a specific combination of two forms of magnesium which maximize absorption and efficacy are used in MigreLief...contains high levels of parthenolides and other active components which other feverfew products canno
  • MigreLief combines all three of these ingredients into one formula, at the dosages the clinical studies show are beneficial.
  • ...can safely be used with your migraine prescription medications or by itself.
Advertiser:
All Health Supplement Systems, LLC
Product:
Big "C" Dietary Supplements
Case Number:
5837
Type:
  • Case Report
Date of Decision:
Referred to government agency:
No
Challenger:
CRN
Supplement Category:
  • Immune Health
Types of Claims:
  • Performance
Examples of Claims:
• Research the 16 ingredients, they all have shown different positive results in battling cancer in various lab studies and may help.
• As many as 70% of known causes of cancers are avoidable and are related to diet and lifestyle.
Examples of Claims (New):
  • Research the 16 ingredients, they all have shown different positive results in battling cancer in various lab studies and may help.
  • As many as 70% of known causes of cancers are avoidable and are related to diet and lifestyle.
Advertiser:
American Dream Nutrition, LLC
Product:
PhytoZon Dietary Supplement
Case Number:
5890
Type:
  • Case Report
Date of Decision:
Referred to government agency:
Yes
Challenger:
NAD
Supplement Category:
  • Cognitive
  • Energy
  • Cardiovascular Health
  • Joint Health
Types of Claims:
  • Performance
  • Establishment
Examples of Claims:
• Brain/Body Balance – Mental Clarity, Focus/Recall
• Energy, Vitality, Increased Strength, Well Being
• Pain, Inflammation, Arthritis, Osteoarthritis
Examples of Claims (New):
  • Brain/Body Balance – Mental Clarity, Focus/Recall
  • Energy, Vitality, Increased Strength, Well Being
  • Pain, Inflammation, Arthritis, Osteoarthritis
Advertiser:
American Media, Inc.
Product:
Shape Water Boosters
Case Number:
5665
Type:
  • Case Report
Date of Decision:
Referred to government agency:
No
Challenger:
NAD
Supplement Category:
  • Energy
  • Beauty
Types of Claims:
  • Native Advertising
  • Implied Claim
Examples of Claims:
Advertising appeared to be editorial content and may mislead or confuse consumers who may attach a different weight or significance to editorial content versus pure advertising content.
Examples of Claims (New):
  • Advertising appeared to be editorial content and may mislead or confuse consumers who may attach a different weight or significance to editorial content versus pure advertising content.