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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 Salonpas Duration Claim Supported; Recommends Hisamitsu America Discontinue Comparative Pain Relief, Onset of Action, Range of Motion Claims
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NEW YORK, March 10, 2021 /PRNewswire/ The National Advertising Division (NAD) of BBB National Programs determined 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. NAD also determined that Hisamitsu provided a reasonable basis for the challenged claims comparing the Salonpas patch s regulatory pathway to competitor products. However, NAD has recommended that Hisamitsu discontinue the following parity and product performance claims: