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Welcome to our monthly digest of litigation and regulatory highlights impacting the personal care product and dietary supplement industry. April saw a re-emphasis on restriction of COVID-related claims in advertisements for supplements and therapies, developments in various class action cases, including a win for consumers challenging hand sanitizer’s claims of killing 99.99% of germs and a slew of new “natural” class actions, and finally a roller coaster ride for the FTC involving major blows and power moves.
Let’s take a look….
NAD
NAD determined that certain advertising claims made by Zarbee’s, Inc. for its cough products sufficiently identify that honey is the source of the cough soothing benefit and would not reasonably mislead consumers as to the reason for the product’s cough soothing efficacy. However, NAD found that other claims, which could reasonably suggest that the cough soothing benefit was
Multivitamin marketer agrees to cease ADHD treatment claims The manufacturer of a multivitamin has withdrawn a number of claims relating to the purported benefits its product has for hyperactive children as part of a National Advertising Division case.
The case was brought against the firm First Day Life Inc. and related to claims on its Daily Enrichment Multivitamin.
Offending claims
Among the claims were:
Millions of kids in the US are hyperactive. They’re distracted & impulsive. But there’s a secret cause that has just been discovered: Nutritional Deficiencies. Even when we think our kids are eating well, they might not be getting critical vitamins. In fact, 93% of kids aren’t eating enough fruits and veggies every day. That creates chemical imbalances that affect their behavior. That’s where First Day Kids Enrichment comes in to improve their behavioral development”;