National Advertising Division Finds Claim that Kerasal Fungal Nail Renewal “Starts Improving Nail Appearance in Just 2 Days” Supported
703.247.9330 / press@bbbnp.org
New York, NY – July 21, 2021 – The National Advertising Division (NAD) of BBB National Programs determined that Advantice Health, LLC provided a reasonable basis for the claim that its Kerasal Fungal Nail Renewal product “starts improving nail appearance in just 2 days.”
The claim at issue, which appeared on product packaging and in internet advertising, was originally challenged by Arcadia Consumer Healthcare in 2020. However, after NAD reached its decision in that proceeding, NAD was informed that the challenger had publicized the proceeding in violation of BBB National Programs’ Policies and Procedures. Therefore, pursuant to these rules, NAD closed the case and reopened it through NAD’s monitoring program. The advertiser initially appealed the decision but withdrew its appeal and agreed to comply with NAD’s recommendations.
Shortly thereafter, the advertiser petitioned to reopen the matter, explaining that it had conducted a new in-home-use test (IHUT) to address the concerns expressed by NAD in the underlying case. NAD granted the advertiser’s petition to reopen.
In support of its claim that Kerasal Fungal Nail Renewal “starts improving nail appearance in just 2 days,” the advertiser relied on the results of a four-day IHUT conducted by a third-party research company. NAD assessed the reliability of the IHUT, noting that a properly conducted IHUT requires certain standards and controls to ensure that the response is free from bias (e.g., blinding, randomization), that there is a representative study population, and that there is proper validation of the results.
NAD appreciated Advantice’s numerous modifications to the IHUT to address NAD’s concerns from the prior matter.
NAD noted that the results of the IHUT revealed that after two days of product use, 61 percent of the 85 subjects who had a reference nail and were doctor diagnosed or picture approved saw at least some improvement in the overall appearance of the nail, a statistically significant result which combined all positive responses.
Based on the evidence provided, NAD determined that the claim that Kerasal Fungal Nail Renewal product “starts improving nail appearance in just 2 days” was supported.
In its advertiser statement, Advantice stated that it appreciated “NAD’s thorough review of the substantiation to validate the claim that Kerasal Fungal Nail Renewal starts improving nail appearance in only 2 days” and that it was pleased that NAD found “Kerasal performed as well under testing that is controlled and free of the possibility of bias, which better substantiates our claim.”
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.
###
About BBB National Programs: BBB National Programs is where businesses turn to enhance consumer trust and consumers are heard. The non-profit organization creates a fairer playing field for businesses and a better experience for consumers through the development and delivery of effective third-party accountability and dispute resolution programs. Embracing its role as an independent organization since the restructuring of the Council of Better Business Bureaus in June 2019, BBB National Programs today oversees more than a dozen leading national industry self-regulation programs, and continues to evolve its work and grow its impact by providing business guidance and fostering best practices in arenas such as advertising, child-directed marketing, and privacy. To learn more, visit bbbprograms.org.
About the National Advertising Division: The National Advertising Division (NAD) of BBB National Programs provides independent self-regulation and dispute resolution services, guiding the truthfulness of advertising across the U.S. NAD reviews national advertising in all media and its decisions set consistent standards for advertising truth and accuracy, delivering meaningful protection to consumers and leveling the playing field for business.
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
NAD Finds Certain Claims for Mott’s Fruit Flavored Snacks Supported or Outside NAD’s Jurisdiction; Recommends General Mills Discontinue or Modify Other Claims
New York, NY – November 25, 2024 – The National Advertising Division recommended that General Mills discontinue or modify certain express and implied claims regarding the fruit and vegetable content of Mott’s Fruit Flavored Snacks and the nutritional benefits of those ingredients.
In National Advertising Division Challenge, Drip Hydration Voluntarily Discontinues Claims for its Ketamine IV Therapy
New York, NY – November 22, 2024 – Following a challenge brought by the National Advertising Division as part of its routine monitoring program, Drip Hydration voluntarily discontinued advertising claims for its Drip Hydration Ketamine IV Therapy.
NAD Finds Patented and Safety Claims for POOPH’s Pet Odor & Stain Eliminator Supported; Recommends Other Claims Be Modified or Discontinued
New York, NY – November 21, 2024 – The National Advertising Division determined that Ikigai supported patented and safety claims for their POOPH Pet Odor & Stain Eliminator, but recommended that other claims, including claims that POOPH eliminates odors and strains, be discontinued.
National Advertising Division Recommends SharkNinja Discontinue Certain Best Deep Carpet Cleaning Claims
New York, NY – November 19, 2024 – BBB National Programs’ National Advertising Division recommended that SharkNinja discontinue the claim “The Best Deep Carpet Cleaning Among Full-Sized Deep Carpet Cleaners** Based on ASTM F2828 vs. full-sized carpet cleaners above 14 lbs.”