NAD Recommends DERMADoctor Discontinue Claims Comparing Topical Lotion to Laser Treatments
New York, NY – Feb. 6, 2013 – The National Advertising Division has recommended that DERMADoctor discontinue advertising claims that state or suggest the company’s “Photodynamic Therapy Laser Lotion” offers the same benefits as physician-administered light treatments.
NAD found the company could continue to promote the lotion as a “moisturizer” and broad spectrum SPF 30 sunscreen.
NAD is an investigative unit of the advertising industry’s system of self-regulation. It is administered by the Council of Better Business Bureaus.
Pursuant to its ongoing monitoring practice, NAD requested the advertiser provide support for claims that appeared in print advertising, including:
• “With Photodynamic Therapy you get the same anti-aging red light treatment without the hassle of cumbersome light gadgets, costly doctor visits or post-procedure downtime.”
• “Simply apply this lotion for all day anti-aging benefits, including restoring radiance, minimizing the appearance of fine lines and wrinkles, evening out skin tone and improving elasticity.”
• “Photodynamic Therapy is a red light treatment, daily moisturizer and broad spectrum SPF 30 all-in-one.”
• “It is the new reality in light therapy.”
Following its review of the evidence in the record, NAD determined that the company could promote the product as a moisturizer or sunscreen, but recommended the advertiser discontinue references to “light therapy” or “light treatment.”
NAD recommended the advertiser modify references to “restoring” radiance to better reflect the results of the advertiser’s clinical study.
The company, in its advertiser’s statement, said it “fully supports NAD’s mission and thanks NAD for the opportunity to work collaboratively with NAD in this matter.”
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
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.
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.
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.
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.”