NAD Refers Advertising for Brain Research Labs ‘Procera AVH’ to FTC for Further Review
New York, NY – Jan. 30, 2014 – The National Advertising Division has referred to the Federal Trade Commission advertising claims made by Brain Research Labs, for Procera AVH, following the company’s failure to abide by the terms of an NAD decision.
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 an underlying 2009 decision, NAD recommended that the advertiser discontinue a wide range of claims and testimonials for Procera AVH, including the unqualified claim that Procera AVH was “clinically shown to restore the memory and brain power you had 10-15 years ago and claims that the product is “fast-acting.”
NAD also determined that a key ingredient in the product, vinpocetine, had not been demonstrated to provide increased oxygen delivery, uptake and utilization by the brain. NAD recommended the advertiser discontinue such claims.
NAD contacted the advertiser when it learned that the company was again making claims similar to those it agreed to discontinue in 2009.
The advertiser, in response, agreed to discontinue all the challenged claims except for the claim that Procera AVH has “vinpocetine, a substance that helps deliver increased oxygen and glucose to your brain.”
The advertiser asserted that a more recently conducted study supports the claim. However, an advertiser in an NAD proceeding may not, absent extraordinary circumstances, submit new evidence after the fact as support for claims that were the subject of an earlier proceeding.
Based on the advertiser’s actions, NAD has referred the matter to the Federal Trade Commission for further review.
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
Direct Selling Self-Regulatory Council Recommends Lemongrass Discontinue Certain Earnings and Health-Related Product Claims
McLean, VA – May 6, 2024 – The Direct Selling Self-Regulatory Council (DSSRC) recommended that Lemongrass Spa Products modify or discontinue certain earnings and health-related product performance claims.
National Advertising Division Recommends Blueprint Test Preparation Discontinue Certain MCAT Score Improvement Claims
New York, NY – April 22, 2024 – The National Advertising Division recommended Blueprint Test Preparation discontinue certain express and implied claims made in connection with its four MCAT preparation courses, including claims that Blueprint students raise their MCAT scores by 15 or 13 points on average.
National Advertising Division Recommends The Princeton Review Discontinue Point Increase Claims for MCAT Test Preparation Services
New York, NY – April 18, 2024 – In a Fast-Track SWIFT challenge, the National Advertising Division recommended that The Princeton Review (TPR) discontinue claims that its students “Score a 515+ on the MCAT or add 15 points depending on your starting score. Guaranteed or your money back.”
Direct Selling Self-Regulatory Council Recommends Trades of Hope Discontinue Salesforce Member Earnings Claims
McLean, VA – April 17, 2024 – The Direct Selling Self-Regulatory Council (DSSRC) recommended that Trades of Hope discontinue certain earnings claims made by salesforce members on Facebook and YouTube.