NAD Finds Lifes2Good Can Support Certain Claims for the Company’s Viviscal Supplement; Recommends Advertiser Discontinue One Claim
New York, NY – Jan. 8, 2015 – The National Advertising Division has determined that Lifes2Good, Inc., can support certain claims for the company’s Viviscal dietary supplement, a product promoted to women with thinning hair.
NAD is an investigative unit of the advertising industry’s system of self-regulation. It is administered by the Council of Better Business Bureaus.
Claims made by Lifes2good in print advertising and on the company’s website were reviewed by NAD as part of its routine monitoring program. The following claims served as the basis of this inquiry:
- “Discover the clinically proven answer to thicker, fuller hair”
- “91% of women noticed thicker hair”
- “Promotes Existing Hair Growth”
- “Viviscal is grounded in over 20 years of continuous research and development. The efficacy of Viviscal vitamins for hair growth is supported by 7 clinical studies.”
- “Viviscal hair vitamins promote existing hair growth and help to reduce hair shedding.”
The advertiser explained that Viviscal is an oral marine protein supplement designed to promote hair growth in consumers suffering from temporary thinning hair. The key ingredient in Viviscal is AminoMar, a proprietary blend of shark and mollusk powder derived from sustainable marine sources which provides essential nutrients to nourish hair.
Following its review of the evidence in the record, NAD determined that the four clinical studies presented by the advertiser provided a reasonable basis for the claim that Viviscal is the “clinically proven answer to thicker, fuller hair.”
NAD determined that two additional studies supported the claim that “Viviscal strengthens and nourishes thinning hair from within while promoting existing growth.”
NAD determined that a seventh study – The Bloch Study – would not, standing alone, support an establishment claim. Examined in total, however, NAD found that the advertiser could support the claim “Viviscal is grounded in over 20 years of continuous research and development. The efficacy of Viviscal vitamins for hair growth is supported by 7 clinical studies.”
NAD determined that the advertiser had provided reasonable support for the claim that Viviscal “promotes existing hair growth” and “helps to reduce hair shedding.”
However, in considering the claim that “91% of women noticed thicker hair,” NAD determined that consumers might reasonably take away the message that the claim was supported by a clinical study or that 91% of women experienced noticeably thicker hair. NAD recommended that the advertiser discontinue the claim.
In its advertiser’s statement, Lifes2Good took issue with NAD findings regarding the “91%” claim, but said it would revise the claim as recommended.
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
Direct Selling Self-Regulatory Council Recommends Valentus Discontinue Earnings and Product Performance Claims
McLean, VA – December 23, 2024 – The Direct Selling Self-Regulatory Council (DSSRC) recommended Valentus, a direct selling company that sells nutritional and lifestyle products, discontinue earnings and health-related product performance claims made on social media and on the Valentus website.
Direct Selling Self-Regulatory Council Refers Olive Tree Earnings Claims to the FTC and California AG for Possible Enforcement Action
McLean, VA – December 20, 2024 – The Direct Selling Self-Regulatory Council (DSSRC) referred Olive Tree to the Federal Trade Commission (FTC) and California Attorney General's Office for possible enforcement action after Olive Tree failed to respond to a DSSRC inquiry into earnings claims.
Children’s Advertising Review Unit Recommends JustPlay Discontinue or Modify Daisy the Yoga Goat Claims
New York, NY – December 19, 2024 - The Children’s Advertising Review Unit (CARU) launched an investigation into advertising for Just Play’s furReal Daisy the Yoga Goat seeking to determine if the toy’s product packaging and commercial advertisements comply with CARU’s Self-Regulatory Guidelines for Children’s Advertising.
In National Advertising Division Fast-Track SWIFT Challenge, Oral Essentials Voluntarily Modifies “Made in USA” Claims
New York, NY – December 19, 2024 – In a National Advertising Division challenge, Oral Essentials agreed to permanently modify its claim that certain Oral Essentials oral healthcare products are “Made in USA.”