NAD Recommends iSatori Discontinue Certain Claims for ‘Energize’ Supplement, Finds Company Can Support Certain Claims

New York, NY – June 10, 2014 – The National Advertising Division has recommended that iSatori, Inc., discontinue certain claims for the company’s Energize dietary supplement, including claims of “8-Hour Efficacy Shown in Clinical Testing.” NAD determined, however, that the advertiser could support certain claims.

NAD is an investigative unit of the advertising industry’s system of self-regulation. It is administered by the Council of Better Business Bureaus.

As part of NAD’s initiative with CRN to expand the review of advertising claims made for dietary supplements, NAD requested substantiation for claims that included:

  •  “#1 Best Selling Energy Pill.”
  •  “Just take two Energize tablets in the morning for all-day energy.” 
  •  “No Jitters, No Crash, No Bitter Taste!” 
  •  “8-Hour Efficacy Shown in Clinical Testing.”

NAD noted that the advertiser undertook a placebo-controlled, double-blinded, 10-participant pilot study on the effects of its product. NAD was concerned, however, that the study only measured energy effects over two hours. NAD also noted that the draft report from the advertiser’s more recent 10-participant study did not elicit results to 95% confidence level. Without clinical data showing that the product has “8-Hour Efficacy” or lasts “all day,” NAD said, the advertiser cannot support its claims that its product, in fact, provides energy all day.

Following its review of the evidence in the record, NAD recommended that the advertiser discontinue its claims regarding long-lasting energy, such as “Just take two Energize tablets in the morning for all-day energy” and “8-Hour Efficacy Shown in Clinical Testing,” because its testing did not support those claims. NAD also recommended that the advertiser discontinue its unsupported “no crash” claim.

NAD determined the advertiser provided a reasonable basis for its claim, “#1 Best Selling Energy Pill.” However, NAD cautioned the advertiser to continually monitor the relevant sales data to ensure that the claim remains accurate.

NAD also determined that, based on the amount of caffeine in a dose of Energize, the advertiser had a reasonable basis for its “no jitters” claim, and based on the product’s sweet coating, had a reasonable basis for its “no bitter taste” claim.

iSatori, in its advertiser’s statement, said the company “appreciates the work of NAD to help the industry self-regulate advertising” and will “take NAD’s recommendations into account for future advertising.”

 

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