NAD Refers Advertising Claims Made By 2BeUnstoppable & NutriFrontier to FTC for Further Review

New York, NY – June 12, 2018 – The National Advertising Division, in two separate proceedings, has referred to the Federal Trade Commission advertising claims made by 2BeUnstoppable, LLC, and NutriFrontier Pte Ltd.

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

In both cases, the claims at issue were found in internet advertising and challenged by the Council for Responsible Nutrition (CRN). The advertisers did not respond to NAD’s requests to provide substantiation for the claims.

CRN challenged claims made in internet advertising by 2BeUnstoppable for the company’s “My Perfect Bones” dietary supplement. Claims at issue included:

  • “The nutrients found in My Perfect Bones have been shown to reverse bone loss the natural way.”
  • “…a clinical trial reported that MCHC treated patients showed a dramatic and significant reduction in pain due to Advanced Osteoporosis.”
  • “In a clinical setting, taking My Perfect Bones has shown to promote quicker recovery after bone fractures. My Perfect Bones can help any athlete, including college and professional sports, as stronger bones are less likely to fracture.”
  • “Safely remineralize bones with My Perfect Bones.”

Challenged claims for NutriFrontier’s NutriO2 dietary supplement included:

  • “The fact is that disease causing germs, bacteria and viruses cannot live in an oxygen-rich environment! In other words, wherever you have high levels of oxygen in your body, harmful bacteria and viruses are killed.”
  • “And this is what REVERSES your physical age — where your healthy cells can grow and multiply.”
  • “Where lean muscle cells, skin cells, and the cells of your organs, grow faster and you basically grow younger every day.”

In light of the failure to provide a substantive response to NAD’s request for substantiation for the challenged claims or participate in any way in the self-regulatory process,  NAD has referred both matters to the FTC for possible enforcement action.

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