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Direct Selling Self-Regulatory Council Refers Health-Related Product Claims by New U Life, Inc. to the Federal Trade Commission and the Food and Drug Administration

The Direct Selling Self-Regulatory Council (“DSSRC”) has referred certain health-related claims made by New U Life, Inc. (“New U Life” or the “Company”) for its Somaderm hGH transdermal gel to the Federal Trade Commission (FTC) and the Food and Drug Administration (FDA) for possible enforcement action after the Company failed to comply with DSSRC’s recommendations to modify or discontinue such claims. The health-related product claims at issue in DSSRC’s inquiry pertained to product efficacy as well as claims that Somaderm product was “FDA Registered” and that the product had clinical applications. In addition, the DSSRC inquiry also included a number of additional health-related claims (e.g., “Regrowth of heart, liver, spleen, kidney and other organs that shrink with age”; “14.4% loss of fat on average after six months without dieting”; “Superior immune function”; “Greater cardiac output”; “Superior immune function,” etc.) and a number of before-and-after depictions purportedly demonstrating the results received from using the product.

NARB Finds Supported the Claims that Aleve is “Proven Better On Pain” than Tylenol Extra Strength For First Six Hours After Ingestion

A panel of the National Advertising Review Board (“NARB”) has determined that Bayer Healthcare LLC has properly supported the claims that Aleve is “Proven Better on Pain than Tylenol Extra Strength” and “Proven Better on Pain than Tylenol,” but has recommended that the advertiser modify such claims by adding a clear and conspicuous disclosure that the asserted pain-relief superiority is based on clinical data from the first six hours after initial dosing. 

Advertising Claims for HAPPYneuron Brain-Training Method Modified or Permanently Discontinued Following NAD Inquiry

HAPPYneuron stated that it will modify or permanently discontinue the advertising claims for its brain-training method that were at issue in an inquiry before the National Advertising Division. The advertiser’s claims, which appeared in social media and website advertising at www.happy-neuron.com, were challenged by Posit Science Corporation, maker of competing brain-training exercises.

NARB Finds Supported Claims by Molekule that the PECO Filter of its MH1 Air Purifier Can Address Bioaerosol and VOC Pollution; Recommends Discontinuance or Modification of Other Claims, Including Discontinuance of Superiority Claims vs. HEPA Filters

A panel of the National Advertising Review Board (“NARB”) has determined that Molekule Inc. properly supported claims that the PECO technology filter of its MH1 Air Purifier (“MH1”) can address bioaerosol and VOC pollution. The panel further found supported the general efficacy claim that “Molekule’s revolutionary nanotechnology destroys pollutants at the molecular level.” However, NARB recommended that Molekule discontinue or modify certain non-quantified pollution elimination claims for its MH1 device, and discontinue the challenged comparative superiority claims versus air purifiers that contain HEPA filters.