Advertising Claims for Parent’s Choice Probiotic Colic Drops Discontinued Following Challenge by Nestle Nutrition
New York, NY – Feb. 15, 2019 – BioAmicus Laboratories, Inc. has agreed to permanently discontinue certain challenged advertising claims for its Parent’s Choice Probiotic Colic Drops product, including claims that the drops are “Clinically shown to reduce crying time by 50%” following a challenged filed with the National Advertising Division by Nestle Nutrition, maker of Gerber Soothe Probiotic Drops.
NAD is an investigative unit of the advertising industry’s system of self-regulation. It is administered by the Council of Better Business Bureaus.
The challenged claims, which appeared on the product’s packaging, included:
- “Compare To Gerber Soothe Probiotic Colic Drops.”
- “For excessive crying & colic. Clinically shown to reduce crying time.”
- “Clinically shown to reduce crying time by 50%.”
- “Probiotic L. reuteri helps to promote a healthy balance of beneficial bacteria in baby’s digestive comfort.”
During the course of NAD’s review, BioAmicus Laboratories agreed in writing to permanently discontinue each of the challenged claims. In reliance on the advertiser’s written representation that the claims will be permanently discontinued, NAD did not review the claims on their merits. The voluntarily discontinued claims will be treated, for compliance purposes, as though NAD recommended their discontinuance and the advertiser agreed to comply.
In its advertiser’s statement, BioAmicus Laboratories reiterated that it and its partners agree to voluntarily and permanently discontinue the above mentioned claims and to not produce any new packaging containing these statements.”
Note: A recommendation by NAD to modify or discontinue a claim is not a finding of wrongdoing and an advertiser’s voluntary discontinuance or modification of claims should not be construed as an admission of impropriety. It is the policy of NAD not to endorse any company, product, or service. Decisions finding that advertising claims have been substantiated should not be construed as endorsements.
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