NAD RECOMMENDS BARLOW HERBAL DISCONTINUE ALL CLAIMS AT ISSUE FOR LDM-100 DIETARY SUPPLEMENT Company Agrees to Do So

New York, NY – Feb. 13,  2012  – The National Advertising Division of the Council of Better Business Bureaus has recommended that Barlow Herbal Specialties, LLC, discontinue all claims at issue for Barlow’s LDM-100 dietary supplement, which is advertised as a plant or herb antibiotic.

As part of its initiative with the Council for Responsible Nutrition (CRN) to expand NAD review of advertising claims for dietary supplements, NAD requested substantiation for claims that included

  • “LDM-100 – Broad spectrum plant antibiotic, Virastatic, Bacteriostatic, Fungicidal (influenza, colds, respiratory and urinary infections, staph and strep infections, skin infections, warts, etc.)”
  • “Destined to become one of the most important antibiotic herbs known to man.  — ET Krebs”
  • “LDM-00 is our most popular formula.  Now available for the first time in 2 oz. bottles.”

NAD, the advertising industry’s self-regulatory forum, also examined the implied claim that LDM-100 performs like a pharmaceutical grade antibiotic in the treatment of Virastatic, Bacteriostatic and Fungicidal infections.

Upon receipt of NAD’s opening letter, the advertiser advised NAD that it would permanently discontinue all of the challenged claims. Given the lack of supporting evidence in the record, NAD appreciated the advertiser’s promise to permanently discontinue all claims at issue. NAD noted in its decision its concern that the challenged advertising claims might cause consumers to forgo medical treatment for serious infections.

Barlow Herbal, in its advertiser’s statement, said it “accepts NAD’s decision and will take its recommendations into consideration in future advertising.”

 

NAD’s inquiry was conducted under NAD/CARU/NARB Procedures for the Voluntary Self-Regulation of National Advertising.  Details of the initial inquiry, NAD’s decision, and the advertiser’s response will be included in the next NAD/CARU Case Report.

About Advertising Industry Self-Regulation: The National Advertising Review Council (NARC) was formed in 1971. NARC establishes the policies and procedures for the National Advertising Division (NAD) of the Council of Better Business Bureaus, the CBBB’s Children’s Advertising Review Unit (CARU), the National Advertising Review Board (NARB), the Electronic Retailing Self-Regulation Program (ERSP) and Online Interest-Based Advertising Accountability Program (Accountability Program.)

The NARC Board of Directors is composed of representatives of the American Advertising Federation, Inc. (AAF), American Association of Advertising Agencies, Inc., (AAAA), the Association of National Advertisers, Inc. (ANA), Council of Better Business Bureaus, Inc. (CBBB), Direct Marketing Association (DMA), Electronic Retailing Association (ERA) and Interactive Advertising Bureau (IAB).  Its purpose is to foster truth and accuracy in national advertising through voluntary self-regulation.

NAD, CARU and ERSP are the investigative arms of the advertising industry’s voluntary self-regulation program. Their casework results from competitive challenges from other advertisers, and also from self-monitoring traditional and new media. NARB, the appeals body, is a peer group from which ad-hoc panels are selected to adjudicate NAD/CARU cases that are not resolved at the NAD/CARU level. This unique, self-regulatory system is funded entirely by the business community; CARU is financed by the children’s advertising industry, while NAD/NARC/NARB’s primary source of funding is derived from membership fees paid to the CBBB. ERSP’s funding is derived from membership in the Electronic Retailing Association. For more information about advertising industry self-regulation, please visit www.narcpartners.org.

 

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 Refers Problem Pregnancy Center to the MA Attorney General and Social Platforms for Review

New York, NY – May 16, 2024 – The National Advertising Division (NAD) referred advertising claims made by Problem Pregnancy, a crisis pregnancy center, to the Massachusetts Attorney General and social media platforms after the company failed to respond to NAD's inquiry.

Read the Decision Summary
Decision

National Advertising Division Finds Certain Compostability Claims for HoldOn Bags Supported; Recommends Others be Modified or Discontinued

New York, NY – May 16, 2024 – The National Advertising Division determined that HoldOn Bags has a reasonable basis to claim that its trash bags break down in compost environments, but recommended other claims be discontinued. 

Read the Decision Summary
Decision

Following National Advertising Division Challenge Aroeve Voluntarily Discontinues Certain Claims for HEPA Air Purifiers

New York, NY – May 15, 2024 – Following a National Advertising Division challenge brought by competitor Vesync Corporation, Antadi LLC d/b/a Aroeve Direct voluntarily discontinued certain claims for its HEPA air purifiers.

Read the Decision Summary
Decision

Direct Selling Self-Regulatory Council Recommends pawTree Discontinue Salesforce Member Earnings Claims

McLean, VA – May 9, 2024 – The Direct Selling Self-Regulatory Council (DSSRC) recommended that pawTree, LLC discontinue certain earnings claims made by salesforce members on Facebook, YouTube, TikTok, and LinkedIn.  

Read the Decision Summary