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Welcome to our curated selection of highlights of regulatory and litigation developments in the dietary supplement and personal care product industries for March 2021. In case you were wondering what pain relief, teeth whitening, and CBD have in common (and, who wasn’t?) it seems that one year into the pandemic, these are the advertising battles being fought in multiple forums. Read on…
National Advertising Division
NAD addressed some unique superiority and comparative claims in the OTC drug space in finding that Hisamitsu America, Inc., supported its duration claims that Salonpas Pain Relief Patch Large “works for up to 12 hours” and “provides relief for up to 12 hours.” However, NAD found that comparative claims such as “All OTC pain relievers, including Voltaren, have one thing in common. None are proven stronger or more effective against pain than Salonpas Pain Relief Patch Large” and “only pain r
NAD Finds Certain Claims for Optic White Renewal Toothpaste Supported; Colgate to Appeal Recommendation to Discontinue Quantified Stain Removal Claim
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NEW YORK, March 11, 2021 /PRNewswire/ The National Advertising Division (NAD) of BBB National Programs determined that Colgate-Palmolive Company supported advertising claims that its Optic White Renewal Toothpaste has unprecedented whitening power, contains 3% hydrogen peroxide, and has the most hydrogen peroxide in a whitening toothpaste. However, NAD recommended that Colgate discontinue the claim that its product removes 10 years of yellow stains. Colgate will appeal that recommendation.
The claims at issue, which appeared on websites, television advertising, and product packaging, were challenged by the Procter and Gamble Company (P&G), a competing manufacturer of toothpaste.