Compilation of NAD Challenges

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:
American Reduction Systems, LLC
Product:
Cold Turkey Tea
Case Number:
5100
Type:
  • Case Report
Date of Decision:
Referred to government agency:
Yes
Challenger:
NAD
Supplement Category:
  • Smoking Cessation
Types of Claims:
  • Efficacy
  • Exclusivity
  • Ingredient
  • Comparative
Examples of Claims:
• Guaranteed to reduce nicotine withdrawal symptoms by up to 100% or your money back!
• …the only true all natural, organic smoking cessation product on the market today.
• Our perfect blend of Cold Turkey tea contains alkaloids which specifically bind to the nicotine receptors, thus reducing, and in some cases elimination, nicotine withdrawal symptoms.
Examples of Claims (New):
  • Guaranteed to reduce nicotine withdrawal symptoms by up to 100% or your money back!
  • …the only true all natural, organic smoking cessation product on the market today.
  • Our perfect blend of Cold Turkey tea contains alkaloids which specifically bind to the nicotine receptors, thus reducing, and in some cases elimination, nicotine withdrawal symptoms.
Advertiser:
Amerifit Brands
Product:
Estroven
Case Number:
4726
Type:
  • Case Report
Date of Decision:
Referred to government agency:
Challenger:
NAD
Supplement Category:
  • Menopause
Types of Claims:
  • Clinically Proven/Shown
  • Comparative
Examples of Claims:
• Clinically proven Estroven, the natural answer.
• Estroven is the #1 pharmacist recommended supplement for menopause…
• Estroven, with clinically proven ingredients, is the #1 choice among women for natural support during menopause.
• Estroven is America's top-selling women's dietary supplement.
Examples of Claims (New):
  • Clinically proven Estroven, the natural answer.
  • Estroven is the #1 pharmacist recommended supplement for menopause.
  • Estroven, with clinically proven ingredients, is the #1 choice among women for natural support during menopause.
  • Estroven is America's top-selling women's dietary supplement.
Advertiser:
Ampersand Industries, LLC
Product:
Trimedisyn Prenatal Vitamin
Case Number:
5539
Type:
  • Case Report
Date of Decision:
Referred to government agency:
No
Challenger:
CRN
Supplement Category:
  • Prenatal Health
Types of Claims:
  • Performance
Examples of Claims:
• Daily intake of Folic Acid (400 mcg) can help prevent having a child with a brain or spinal cord birth defect.
• Scientific evidence suggests that calcium supplements may reduce the risk hypertension and pregnancy-related hypertension and preeclampsia during pregnancy.
• Probiotics can help reduce occurrences of eczema shown in double-blind randomized placebo-controlled trials.
Examples of Claims (New):
  • Daily intake of Folic Acid (400 mcg) can help prevent having a child with a brain or spinal cord birth defect.
  • Scientific evidence suggests that calcium supplements may reduce the risk hypertension and pregnancy-related hypertension and preeclampsia during pregnancy.
  • Probiotics can help reduce occurrences of eczema shown in double-blind randomized placebo-controlled trials.
Advertiser:
Any, Inc.
Product:
KetoMist Spray
Case Number:
5321
Type:
  • Case Report
Date of Decision:
Referred to government agency:
Yes
Challenger:
NAD
Supplement Category:
  • Weight Loss
Types of Claims:
Examples of Claims:
• Average loss is 30 lbs. in 30 days.
• Virtually 100% Success Rate
• Lose FAT, not Muscle!
• This has been the absolute best thing I've ever done for weight loss and I now know I can lose the next 20 pounds.
Examples of Claims (New):
  • Average loss is 30 lbs. in 30 days.
  • Virtually 100% Success Rate.
  • Lose FAT, not Muscle!
  • This has been the absolute best thing I've ever done for weight loss and I now know I can lose the next 20 pounds.
Advertiser:
Arthri-D, LLC
Product:
Arthri-D3
Case Number:
5871
Type:
  • Case Report
Date of Decision:
Referred to government agency:
No
Challenger:
CRN
Supplement Category:
  • Joint Health
Types of Claims:
  • Performance
  • Testimonials
  • Implied Claim
Examples of Claims:
Testimonials: “Just like you I suffered with arthritis pain in my knees, my shoulder, and my lower back, so much that I could barely get out of bed in the morning. Then I found Arthri-D.” “After just a few weeks on Arthri-D3, all my joint pain was gone. No back, shoulder, or knee pain. Now I go hiking, biking, and kayaking all the time.” “I am so thankful because I can walk. My legs are better than people who have had knee surgery. I wouldn’t live without Arthri-D3.”
Examples of Claims (New):
  • Testimonials: “Just like you I suffered with arthritis pain in my knees, my shoulder, and my lower back, so much that I could barely get out of bed in the morning. Then I found Arthri-D
  • After just a few weeks on Arthri-D3, all my joint pain was gone. No back, shoulder, or knee pain. Now I go hiking, biking, and kayaking all the time.
  • I am so thankful because I can walk. My legs are better than people who have had knee surgery. I wouldn’t live without Arthri-D3
Advertiser:
Aspire Beverage Company
Product:
Aspire Sports Drink
Case Number:
5861
Type:
  • Case Report
Date of Decision:
Referred to government agency:
No
Challenger:
Van-Stokely Camp, Inc.
Supplement Category:
  • Functional Food
  • Immune Health
Types of Claims:
  • Performance
  • Superiority
Examples of Claims:
• The vitamin B3 in ASPIRE has been proven to increase HDL levels (good cholesterol)…,thus decreasing the risk of cardiovascular disease.
• The antioxidants in ASPIRE make …it easier to fight colds, flu, and infections.
• Gatorade is “junk,” “artificial junk,” or “old neon colored junk".
Examples of Claims (New):
  • The vitamin B3 in ASPIRE has been proven to increase HDL levels (good cholesterol)…,thus decreasing the risk of cardiovascular disease.
  • The antioxidants in ASPIRE make …it easier to fight colds, flu, and infections.
  • Gatorade is “junk,” “artificial junk,” or “old neon colored junk".
Advertiser:
BAI Brands, LLC
Product:
Bai5 Beverages
Case Number:
5998
Type:
  • Case Report
Date of Decision:
Referred to government agency:
Challenger:
VDF FutureCeuticals, Inc
Supplement Category:
  • Functional Food
  • Antioxidant
Types of Claims:
  • Express Claim
  • Ingredient
  • Implied Claim
Examples of Claims:
• Express and implied claims related to the amount of antioxidants.
Examples of Claims (New):
  • Express and implied claims related to the amount of antioxidants.
Advertiser:
Balance of Nature, Inc.
Product:
Balance of Nature Dietary Supplements
Case Number:
6129
Type:
  • Case Report
Date of Decision:
Referred to government agency:
Yes
Challenger:
NAD
Supplement Category:
  • Immune Health
  • Digestive Health
Types of Claims:
  • Performance
  • Testimonials
Examples of Claims:
• Our Fruits & Veggies product provides you with the real nutrition of over 10 servings of whole fruits and vegetables in a day, supplementing your body with powerful antioxidants that enhance your immune system.
• Cancer is preventable.
• Testimonials that Balance of Nature prevents pneumonia, lowers PSA, and mitigates symptoms of MS.
Examples of Claims (New):
  • Our Fruits & Veggies product provides you with the real nutrition of over 10 servings of whole fruits and vegetables in a day, supplementing your body with powerful antioxidants that enhance your immune system.
  • Cancer is preventable.
  • Testimonials that Balance of Nature prevents pneumonia, lowers PSA, and mitigates symptoms of MS.
Advertiser:
Barlow Herbal Specialities, Inc.
Product:
LDM-100
Case Number:
5421
Type:
  • Case Report
Date of Decision:
Referred to government agency:
No
Challenger:
CRN
Supplement Category:
  • Antibiotic
Types of Claims:
  • Efficacy
  • Establishment
Examples of Claims:
• broad spectrum plant antibiotic
• implied claim that it provides the same benefits as a pharmaceutical grade antiobiotic
Examples of Claims (New):
  • Broad spectrum plant antibiotic.
  • Implied claim that it provides the same benefits as a pharmaceutical grade antibiotic.
Advertiser:
Barlow Herbal Specialities, Inc.
Product:
LDM-100
Case Number:
5421C
Type:
  • Compliance
Date of Decision:
Referred to government agency:
No
Challenger:
CRN
Supplement Category:
  • Antibiotic
Types of Claims:
  • Efficacy
  • Establishment
Examples of Claims:
• Broad spectrum plant antibiotic, Virastatic, Bacteriostatic, Fungicidal
(influenza, colds, respiratory and urinary infections, staph and strep
infections, skin infections, warts, etc.)”
• Implied claim that LDM-100 performs like a pharmaceutical grade antibiotic.
Examples of Claims (New):
  • Broad spectrum plant antibiotic, Virastatic, Bacteriostatic, Fungicidal (influenza, colds, respiratory and urinary infections, staph and strep infections, skin infections, warts, etc.)”
  • Implied claim that LDM-100 performs like a pharmaceutical grade antibiotic.