NAD Refers Advertising for New Nordic’s ‘Hair Volume’ to FTC for Further Review
New York, NY – Sept. 17, 2015 – The National Advertising Division has referred advertising claims made by New Nordic US, Inc., for the company’s “Hair Volume” dietary supplement to the Federal Trade Commission (FTC) after the advertiser repeatedly failed to make promised corrections to certain advertising 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.
NAD requested in 2013 that the advertiser provide substantiation for advertising claims made in Internet and print advertising, including:
- “Hair Volume is based on vitamins, minerals and innovative hair growth from apples. The composition is a unique innovation and reinvention of the old hair, skin and nail tablet.”
- “Thousands of people have already experienced the benefits of Hair Volume, which has made it the world’s leading hair tablet with natural apple hair growth factor.”
- “Hair Volume is a new Scandinavian invention.”
- “Strengthens your hair. With hair growth factors and minerals for hair follicles, skin and nails.”
NAD also reviewed the “Maya” testimonial: “I started taking the new Hair Volume tablets and the transformation was incredible. My hair appeared with more thickness, more life. It feels fuller and looks more vibrant and healthier…Even my nails are stronger. All this with one tablet a day. This is proof to me that with the right nutrients you don’t have to accept your family fate … Hair volume is the proof.”
Following its review of the evidence in the record, NAD recommended that the advertiser discontinue the claims at issue, including the testimonial.
NAD opened a compliance review six months after its initial decisions and found that many of the claims at issue still appeared at the company’s website. Upon inquiry by NAD, the advertiser removed the claims.
In August 2014, NAD recommended that the advertiser discontinue three testimonials that conveyed the unsupported messages that Hair Volume strengthens hair and prevents hair loss. Upon inquiry by the NAD, the advertiser agreed to comply.
In December 2014, the advertiser featured the “Maya” testimonial in a national magazine advertisement. While the advertiser agreed to discontinue the “Maya” testimonial, NAD cautioned that any future non-compliant advertising claims will be referred to the FTC immediately.
The “Maya” testimonial and a second testimonial the advertiser had agreed to discontinue recently appeared in “Thrive Magazine” (Issue 176, Fall 2015). The magazine advertisement also featured the unsupported hair loss prevention claim: “Are you finding too many hairs in the shower or on your brush? Is your hair starting to look thin and dull? Maybe its time to supply your hair with nutrients!”
Based on the advertiser’s failure to have made a bona fide effort to comply with NAD’s recommendations notwithstanding three prior compliance proceedings, NAD referred this matter to the FTC 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 Valentus Discontinue Earnings and Product Performance Claims
McLean, VA – December 23, 2024 – The Direct Selling Self-Regulatory Council (DSSRC) recommended Valentus, a direct selling company that sells nutritional and lifestyle products, discontinue earnings and health-related product performance claims made on social media and on the Valentus website.
Direct Selling Self-Regulatory Council Refers Olive Tree Earnings Claims to the FTC and California AG for Possible Enforcement Action
McLean, VA – December 20, 2024 – The Direct Selling Self-Regulatory Council (DSSRC) referred Olive Tree to the Federal Trade Commission (FTC) and California Attorney General's Office for possible enforcement action after Olive Tree failed to respond to a DSSRC inquiry into earnings claims.
Children’s Advertising Review Unit Recommends JustPlay Discontinue or Modify Daisy the Yoga Goat Claims
New York, NY – December 19, 2024 - The Children’s Advertising Review Unit (CARU) launched an investigation into advertising for Just Play’s furReal Daisy the Yoga Goat seeking to determine if the toy’s product packaging and commercial advertisements comply with CARU’s Self-Regulatory Guidelines for Children’s Advertising.
In National Advertising Division Fast-Track SWIFT Challenge, Oral Essentials Voluntarily Modifies “Made in USA” Claims
New York, NY – December 19, 2024 – In a National Advertising Division challenge, Oral Essentials agreed to permanently modify its claim that certain Oral Essentials oral healthcare products are “Made in USA.”