Hyperbiotics Says it Will Discontinue Advertising Claims for Probiotic Supplements Following Challenge by P&G

New York, NY – Nov. 14,  2018 – Hyperbiotics, Inc. said the company has permanently discontinued certain challenged advertising claims for the company’s Hyperbiotics probiotic supplements, including claims that its products are “15X more effective than others.”

Advertising for the products was challenged before the National Advertising Division by Procter & Gamble Company, maker of Align probiotic supplements. NAD is an investigative unit of the advertising industry’s system of self-regulation. It is administered by the Council of Better Business Bureaus.

During the course of NAD’s review, the parties consented in writing to the closure of NAD’s inquiry with respect to several health-related performance claims. The parties’ consent, however, does not preclude NAD filing a complaint based on the same or similar claims as part of its monitoring responsibility.

Separately, the advertiser represented in writing that it had elected to permanently discontinue all the remaining claims, including:

• “Our formulas are 15X more effective”
• “15X more effective than others”
• “Get 15 times more results than with capsules”
• “15X more effective than capsules”
• “Designed for weight loss support”
• “Designed to support your metabolic function”
• “Designed to promote optimal urinary function and to normalize the healthy growth of yeast”
• “Promotes upper respiratory health while training”

NAD, relying on the advertiser’s representation that the claims at issue have been permanently discontinued, 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.

Hyperbiotics, in its advertiser’s statement, said the company “thanks National Advertising Division for its expeditious resolution of this matter. Prior to the receipt of the challenge, Hyperbiotics was already in the process of updating its packaging. Hyperbiotics is committed to ensuring its advertising is truthful, accurate and respects the advertising industry self-regulatory process.”

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.