NAD Finds Arthur Andrews Medical has Reasonable Basis for Certain Claims for its Aminolase TPA Dietary Supplement; Recommends Discontinuance of Other Claims.

New York, NY – Feb. 5, 2019 – The National Advertising Division concluded that Arthur Andrews Medical, Inc. provided a reasonable basis for certain claims for its Aminolase TPA Dietary Supplement, a protein digesting enzyme designed to improve amino acid conversion when used in conjunction with protein-rich meals and/or supplements. NAD recommended, however, that other claims be discontinued.

NAD is an investigative unit of the advertising industry system of self-regulation. It is administered by the Council of Better Business Bureaus. As part of an ongoing initiative with the Council for Responsible Nutrition, NAD requested that Arthur Andrews Medical provide substantiation for advertising claims that included

According to the advertiser, helps the body better absorb, and use, beneficial protein without the digestive stress by working to (1) digest protein into its usable form, thereby making it more bioavailable than protein alone; (2) maximize the availability of amino acids; (3) greatly reduce stomach discomfort (nausea, bloating, cramping) associated with consuming high amounts of protein; and effectively digest dietary proteins including supplements such as whey, casein, egg, and other proteins. Aminolase helps break down protein efficiently and completely so that the body can maximize the absorption of amino acids into the blood stream, thereby reducing exposure time to large protein peptides that can cause discomfort.

During the course of this proceeding AAM informed NAD that it had permanently discontinued its claims  900% increase in protein absorption;  “Eliminate Stomach Fat”; “Healthy kidney function.” and “9x Greater Protein Digestion.” Consequently, NAD did not review these claims on their merits. The voluntarily discontinued claim will be treated, for compliance purposes, as though NAD recommended their discontinuance and the advertiser agreed to comply.

In support of its other claims the advertiser provided, among other evidence, a report of an in vitro study pilot clinical trial designed to examine the effect of the principal ingredient in Aminolase as well as a second study the purpose of which was to determine if the principal ingredient in Aminolase combined with whey protein results in improved digestion and absorption of amino acids.

After careful review of the advertiser’s evidence as a whole, NAD concluded that Arthur Andrew Medical provided a reasonable basis for its claims that its Aminolase Dietary Supplement product: (1)  “[s]upports the normal digestion of protein and absorption of amino acids, which are the building blocks of muscle protein”; (2) is effective at breaking down and digesting all protein, food or supplement and “effective at digesting all types of protein including supplemental protein such as whey, casein, egg, soy, hemp and pea proteins”; (3) “[s]upports the normal breakdown of protein.”; (4) “[s]upports muscle recovery,” and that by using the product consumers can (5) “[e]at protein-rich foods without discomfort.”

However, NAD concluded that the evidence was insufficient to provide a reasonable basis for AAM’s “clinically studied” claim and its symptom-specific claim that Aminolase TPA, “[p]revents gas, diarrhea and bloating associated with digesting protein foods,” as the evidence offered not speak to the specific symptoms of digestive discomfort set forth in the advertiser’s claims. Consequently, NAD recommended that these claims (and similar digestive symptom-specific claims) be discontinued.

In its advertiser’s statement, Arthur Andrew stated that it appreciated the opportunity to participate in the NAD self-regulatory process and will comply with NAD’s recommendations. It also stated that, while we are greatly disappointed in the decision to reject our clinically studied claims, it appreciated that NAD determined that a number of its other claims were fully substantiated and properly used to promote its Aminolase TPA dietary supplement product.

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.

 

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

National Advertising Division Recommends Blueprint Test Preparation Discontinue Certain MCAT Score Improvement Claims

New York, NY – April 22, 2024 – The National Advertising Division recommended Blueprint Test Preparation discontinue certain express and implied claims made in connection with its four MCAT preparation courses, including claims that Blueprint students raise their MCAT scores by 15 or 13 points on average.

Read the Decision Summary
Decision

National Advertising Division Recommends The Princeton Review Discontinue Point Increase Claims for MCAT Test Preparation Services

New York, NY – April 18, 2024 – In a Fast-Track SWIFT challenge, the National Advertising Division recommended that The Princeton Review (TPR) discontinue claims that its students “Score a 515+ on the MCAT or add 15 points depending on your starting score. Guaranteed or your money back.”

Read the Decision Summary
Decision

Direct Selling Self-Regulatory Council Recommends Trades of Hope Discontinue Salesforce Member Earnings Claims

McLean, VA – April 17, 2024 – The Direct Selling Self-Regulatory Council (DSSRC) recommended that Trades of Hope discontinue certain earnings claims made by salesforce members on Facebook and YouTube. 

Read the Decision Summary
Decision

National Advertising Division Recommends Lily of the Desert Nutraceuticals Discontinue “100% Pure Avocado Oil” Claim for Tropical Plantation Avocado Oil

New York, NY – April 15, 2024 – The National Advertising Division recommended that Lily of the Desert Nutraceuticals discontinue the claim “100% Pure Avocado Oil” for its Tropical Plantation Avocado Oil and avoid conveying the unsupported message that the product is 100% pure avocado...

Read the Decision Summary