NAD Recommends Brock Beauty Discontinue Certain Claims for ‘Hairfinity’ Dietary Supplement

New York, NY – Dec. 8, 2015 – The National Advertising Division has recommended that Brock Beauty, Inc., discontinue certain advertising claims for its Hairfinity Hair Vitamin dietary supplement, including claims that the product “promote[s] faster growing, longer, thicker, stronger 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.

The advertising at issue was challenged by Lifes2Good, Inc., the maker of competing hair health dietary supplements. In response to NAD’s inquiry, the advertiser asserted that it had voluntarily and permanently discontinued the following claims:

  • “Clinically proven to decrease number of hairs shed and increase hair growth.”
  • “Our B-Vitamin complex nourishes and supports a healthy scalp and hair growth.”
  • “The exclusive Capilsana complex provides a special sulfur and 18 amino acids that encourage healthy hair growth.”

NAD noted in its decision that the advertiser said it would modify its “clinically proven” claim to state “results of a 2013 study show that Hairfinity decreases the number of hairs shed and increases hair growth.”

NAD considered the modified version of the claim and determined that the advertiser’s evidence did not support claims that the product decreases the number of hairs shed or increases hair growth.

NAD also determined that the modified claims – that Hairfinity “supports,” “nourishes,” or “encourages healthy hair growth” – conveyed the broad message that Hairfinity spurs hair growth consumers would not otherwise experience, a message that was not supported by the evidence in the record.

NAD recommended that the advertiser discontinue claims that the product “nourishes and supports healthy hair growth,” and “encourages healthy hair growth.” However, NAD noted that the advertiser would be able to support a more limited claim regarding the role that the biotin in Hairfinity plays in “supporting” consumers’ existing hair growth and maintenance.

NAD found that the claims “Healthy hair from the inside out” and “formulated with hair specific nutrients to nourish your hair from the INSIDE OUT,” conveyed the message that the product is a dietary supplement meant to be ingested and that it is designed to provide nutrients needed for “healthy” hair, a message that was supported. Finally, NAD found that the advertiser’s claim that its product promotes “more vibrant hair” was puffery not requiring substantiation.

Brock Beauty, in its advertiser’s statement, said the company “agrees to comply with NAD’s recommendations.”

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 Revolve Group Modify Social Media Posts to Clearly Disclose Material Connection to Influencers

New York, NY – January 29, 2025 – The National Advertising Division recommended Revolve modify influencer posts to clearly and conspicuously disclose the material connections between Revolve and influencers in its product gifting program.

Read the Decision Summary
Decision

National Advertising Division Recommends Bullfrog Modify or Discontinue Certain Comparative Superiority Claims for its Bullfrog Spas

New York, NY – January 29, 2025 – The National Advertising Division recommended that Bullfrog discontinue certain claims promoting the personalization, power, energy efficiency, and durability of its Bullfrog spas as compared to “conventional” hot tubs. 

Read the Decision Summary
Decision

Direct Selling Self-Regulatory Council Refers Ardyss Earnings and Product Performance Claims to the FTC and Nevada Attorney General’s Office

McLean, VA – January 28, 2025 – The Direct Selling Self-Regulatory Council (DSSRC) referred ArdyssLife to the Federal Trade Commission (FTC) and the Nevada Attorney General’s Office for possible enforcement action after Ardyss failed to confirm intent to comply with DSSRC recommendations to discontinue...

Read the Decision Summary
Decision

National Advertising Division Recommends Olly Discontinue or Modify Certain Claims for its Kids Chillax Product; Olly to Appeal

New York, NY – January 27, 2025 – BBB National Programs’ National Advertising Division recommended that Olly discontinue or modify certain claims concerning its Kids Chillax dietary supplement’s ability to support calm and relaxed moods in children, as well as claims for Olly’s previous formulation of its Kids...

Read the Decision Summary