BBB National Programs Archive

NAD Recommends Fiore Rx Discontinue Claims for Company’s ‘Antifungal’ Nail Polish

New York, NY – July 29, 2014 – In response to an inquiry from the National Advertising Division, Fiore Rx, LLC – the maker of Fiore Rx “Antifungal Nail Lacquer” – said it has modified or discontinued certain claims that reference the antifungal effects of its product on nails, as well as claims that reference the Food and Drug Administration (FDA).

NAD has further recommended that the company discontinue additional claims, including claims that one of its ingredients – Propolis – has “been proven effective against bacteria, viruses and fungi.”

NAD is an investigative unit of the advertising industry’s system of self-regulation. It is administered by the Council of Better Business Bureaus.

As part of its ongoing monitoring practice, NAD requested that Fiore provide substantiation for a wide range of claims. The advertiser notified NAD in writing that it was willing to permanently discontinue all but four of the claims at issue, action NAD deemed necessary and appropriate given the absence of support.

Given the advertiser’s voluntary discontinuance of claims that Fiore Rx nail polish protects and prevents nail fungus, the primary issues for NAD’s review were whether the remaining claims implied that Fiore Rx provided an unsupported anti-fungal or other health benefit, and whether the advertiser’s “naturally derived” claims were truthful, accurate and not misleading.

NAD noted in its decision that the advertiser provided no support that the anti-fungal and anti-bacterial ingredients contained in its nail laquer provide any benefit to the nails.

Anti-fungals and anti-bacterials which have a demonstrated benefit when applied to the skin cannot be assumed to provide any benefit to the nails because the thickness of the nail prevents such medications from penetrating the nail bed. Further, the advertiser failed to submit any evidence that its nail polish provided a benefit to nails that impacted the appearance of the nails when the nail polish was removed.

Following its review, NAD recommended that the advertiser discontinue the claim “Beautiful On … Beautiful Off….”

NAD also recommended that the advertiser discontinue its use of the term “pharmaceutical grade” product or modify its advertising to limit its “pharmaceutical grade” claim to only FDA-approved ingredient, undecylenic acid.

NAD further recommended that the advertiser discontinue the claim that propolis, an ingredient in the product, has been proven effective as an antibacterial, antiviral and antifungal.”

Finally, NAD recommended that the advertiser’s claim “naturally derived active ingredients propolis and undecylenic acid,” be discontinued or modified to reference only the “naturally derived” the propolis in the product.

Fiore Rx, in its advertiser’s statement, said the company “will take NAD’s recommendations into account for future advertising, and appreciates the opportunity to participate in the self-regulatory process.”