National Advertising Division Recommends Happy Mammoth Discontinue Certain Health-Related Claims for Hormone Harmony Dietary Supplement

New York, NY – August 20, 2024 – BBB National Programs’ National Advertising Division recommended, as part of its routine monitoring program, that Happy Mammoth discontinue certain health-related claims for its Hormone Harmony dietary supplement including:

  • “Relieves symptoms of Menopause”
  • “Relieves hot flashes”
  • “Improve sleep quality”
  • “Reduces bloating and gas”

 

Hormone Harmony contains a proprietary combination of ingredients, including fennel, chaste berry, ashwagandha, and chamomile, to ease menopausal discomfort.

The National Advertising Division (NAD) determined that Happy Mammoth did not have a reasonable basis for the unqualified claims about the challenged benefits as there was no testing on the product itself. However, Happy Mammoth indicated a willingness to qualify the challenged claims to specify the efficacy of the ingredients in delivering the challenged benefits. Therefore, NAD examined whether the evidence could support qualified claims.

NAD determined that the studies submitted by Happy Mammoth had limitations that rendered them insufficient to support the challenged claims as well as the qualified claims and, therefore, recommended the claims be discontinued.  

NAD noted that nothing in its decision would prevent Happy Mammoth from:

  • Making claims regarding the ability of fennel and chaste berry to positively affect menopausal symptoms that are supported by the limited findings of the research in evidence.
  • Making supported claims that describe the traditional or historic use of ashwagandha to support sleep or are carefully qualified to avoid any misleading implication about the product’s efficacy or health benefits.
  • Describing the traditional or historic use of chamomile in reducing bloating and gas.

 

During the proceeding, Happy Mammoth agreed to voluntarily discontinue certain claims including “Relieves mood swings and boosts energy” and “Reduces . . . fluid retention.” 

Therefore, NAD did not review the claims on their merits and will treat the claims, for compliance purposes, as though NAD recommended they be discontinued and Happy Mammoth agreed to comply.

In its advertiser statement, Happy Mammoth stated that it agrees to comply with NAD’s recommendations but is disappointed with some of NAD’s critiques.

All BBB National Programs case decision summaries can be found in the case decision library. For the full text of NAD, NARB, and CARU decisions, subscribe to the online archive. Per NAD/NARB procedures, this release shall not be used for advertising or promotional purposes.

 

Subscribe to the Ad Law Insights or Privacy Initiatives newsletters for an exclusive monthly analysis and insider perspectives on the latest trends and case decisions in advertising law and data privacy.

 

 

 

 

Latest Decisions

Decision

Following National Advertising Division Inquiry, Google Voluntarily Unlists Video Demonstrating Google Gemini Capabilities

New York, NY – September 12, 2024 – Google voluntarily unlisted a video demonstrating the capabilities of Google Gemini, its large language model artificial intelligence (AI) offering introduced in December 2023.

Read the Decision Summary
Decision

National Advertising Division Recommends Gruma Modify Sugar and Net Carbohydrate Label Claims

New York, NY – September 11, 2024 – In a challenge brought by competitor Olé, the National Advertising Division found certain “zero sugar” and “0G sugar” claims supported and recommended that Gruma Corporation, in connection with its tortilla product offerings, modify or discontinue other claims. 

Read the Decision Summary
Decision

Direct Selling Self-Regulatory Council Recommends MONAT Discontinue Earnings Claims

McLean, VA – September 5, 2024 – The Direct Selling Self-Regulatory Council (DSSRC) recommended MONAT Global discontinue certain earnings claims made on the MONAT website and by salesforce members on Facebook, Twitter/X, Instagram, and YouTube. 

Read the Decision Summary
Decision

National Advertising Division Refers HiSmile Teeth Whitening Product Claims to the Federal Trade Commission

New York, NY – August 29, 2024 – The National Advertising Division referred HiSmile to the Federal Trade Commission (FTC) and other regulatory authorities for review after HiSmile declined to provide an advertiser statement confirming it will comply with all of NAD’s recommendations.
Read the Decision Summary