BBB National Programs Archive
CRN, Nutrex Participate In NAD Forum
New York, NY – Feb. 9, 2009 – The National Advertising Division of the Council of Better Business Bureaus has recommended that Nutrex Inc. discontinue certain advertising claims for the dietary supplement Vitrix Maximum Impact.
NAD, the advertising industry’s self-regulatory forum, examined print and Internet advertising for the product following a challenge by the Council for Responsible Nutrition.
NAD requested substantiation certain express claims for the product, which is marketed as a “testosterone stimulator.”
During the course of NAD’s inquiry, the advertiser represented that several of the claims at issue had been permanently discontinued and further represented that it would clarify all of its advertising going forward, to make it clear that the claims are posed as ingredient claims, and not claims for the product itself.
NAD found the advertiser’s actions proper and necessary, based on the absence of testing on the Vitrix product and NAD’s conclusion that the claims were not clearly presented as ingredient claims.
The following claims remained at issue in the NAD inquiry:
- “Have the Best Sex of Your Life”
- “Testosterone Stimulator”
- “Enhances your sexual stamina for long-lasting performances.”
- “Vitrix further blocks estrogen so you will only build high-quality muscle.”
- “Vitrix is loaded with research-proven muscle-building and libido-enhancing ingredients that are all natural and safe.”
- “Vitrix contains only research proven natural ingredients that assist your body in forming more natural – not artificial – testosterone.”
- “Whether you are 18 or 80, Vitrix will cause a surge in your body’s Luteinizing Hormone levels, which in turn signal your testicles to produce more testosterone. In fact, men over the age of 35 will actually see enormous benefits from taking Vitrix because declining testosterone levels due to age become reversed.”
In support of the remaining claims, the advertiser relied upon studies conducted on the “primary” five active ingredients in the product – Tribulus Terristris, Vitex Agnus Castus, Avena Sativa, Epimedium, and Eurycoma Longfolia Jack.
Following its review of the evidence, NAD found insufficient evidence to support claims that Vitrix (or the ingredients in it) “increases testosterone,” “boosts sexual libido and sexual stamina, and “builds muscle.” NAD recommended that these claims be discontinued. In addition, NAD determined that the claim “Have the Best Sex of Your Life,” as it appeared, in the context of the challenged advertisement, was not puffery, and recommended that it too, be discontinued.
The company, in its advertiser’s statement, said it appreciates “NAD’s thorough review of the detailed scientific evidence submitted in support of the claims … .”
Nutrex noted that while it “respectfully disagrees and is disappointed with certain aspects of the NAD’s decision, Nutrex accepts the decision of the NAD. Accordingly, Nutrex will closely consider all of NAD’s comments and recommendations in its future advertising.”