NAD Finds “Scientifically Formulated” Claim for Morning Recovery Dietary Supplement Supported; Recommends Modification of “80% Improvement” Claim

For Immediate Release
Contact: Abby Hills, Director of Communications, BBB National Programs

703.247.9330 / press@bbbnp.org

New York, NY – July 27, 2021 – The National Advertising Division (NAD) of BBB National Programs determined that More Labs, Inc.’s claim that its Morning Recovery dietary supplement is “scientifically formulated to help you bounce back after drinking” was supported. NAD recommended, however, that the advertiser modify the claim “users of Morning Recovery showed up to 80% improvement on specific hangover symptoms after drinking” to include the specific symptoms which achieved a near 80 percent improvement.

The advertiser’s Morning Recovery dietary supplement is promoted to alleviate hangover symptoms if consumed prior to drinking alcohol. The claims at issue, which appeared in internet advertising, were challenged by the Council for Responsible Nutrition (CRN). 

During the proceeding, the advertiser permanently discontinued claims and testimonials regarding the efficacy of certain ingredients (and their impact on the liver), as well the health benefits of the Morning Recovery product itself. The advertiser stated that it would ensure that future testimonials do not reasonably imply the Morning Recovery will fully eliminate all hangover symptoms. The advertiser also voluntarily modified certain claims. Therefore, NAD did not review these permanently discontinued or modified claims on the merits.

Further, the advertiser permanently discontinued the hashtags “#liverhealth” and “#liverdetox” from its social media posts and advertisements that depict more than five standard drinks and agreed to add the following statement to its advertisements and product packaging: “This product will not prevent intoxication nor enhance sobriety. Please celebrate and recover responsibly.” 

After reviewing the evidence offered by the advertiser in support of the claim that its Morning Recovery dietary supplement is “scientifically formulated to help you bounce back after drinking,” NAD determined that the claim was supported. With regard to the claim that “Users of Morning Recovery showed up to 80% improvement on specific hangover symptoms after drinking,” NAD noted that although there were statistically significant results for six symptoms, only four of six achieved 76-81 percent improvements. Therefore, NAD recommended that the claim be modified to (1) include the specific symptoms which achieved a near 80 percent improvement – headache, heart pounding, concentration problems, and clumsiness – in the main claim or in a clear and conspicuous disclosure that appears in close proximity to the main claim; or, (2) discontinue the percentage claim and refer to the all of the symptoms for which there were statistically significant improvements (i.e., overall hangover severity, headache, heart pounding, concentration problems, clumsiness, and anxiety).

In its advertiser statement, More Labs stated that it “appreciates that, based on the evidence presented, ‘NAD determined that the claim 'Scientifically formulated to help you bounce back after drinking' was supported” and that it “will comply with NAD's recommendations, and appreciates NAD's thoughtful analysis.”

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

Decision

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.

Read the Decision Summary
Decision

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.

Read the Decision Summary
Decision

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.

Read the Decision Summary
Decision

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.”     

Read the Decision Summary