NAD Refers Advertising for The Silver Edge ‘Micro-Particle Colloidal Silver Generator’ to FTC for Further Review
New York, NY – April 12, 2018 – The National Advertising Division has referred advertising claims made by The Silver Edge to the Federal Trade Commission (FTC) for further review, after the company failed to respond to NAD’s request to provide substantiation for the claims it makes for the company’s “Micro-Particle Colloidal Silver Generator.”
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 the advertiser provide substantiation for claims that include:
- “Colloidal Silver: Your #1 Best Antidote to Winter Flu Season.”
- “If you’re worried about getting the flu this year, I have a profoundly effective solution for you. And it’s one that has nothing to do with prescription drugs.”
- “In fact, it’s straight from nature, it’s called colloidal silver.”
- “And yes, even though it was only last year that the drug Tamiflu was described by a top reviewer of clinical studies as one of the most medically worthless of all drugs, the CDC is still recommending it as well. If that’s the best the CDC can recommend, I think they can safely be ignored. But that’s just my humble opinion. Start taking Colloidal Silver instead.”
Despite repeated efforts by NAD, the advertiser failed to provide a substantive response to NAD’s request for support for the challenged claims or participate in any way in the self-regulatory process.
The policies and procedures governing self-regulation provide that when an advertiser fails to file a substantive written response, NAD “shall prepare of a review of the facts with relevant exhibits and forward them to the appropriate federal or state law enforcement agency.”
Here, following the advertiser’s failure to respond to NAD’s inquiry, the advertising at issue will be referred to the FTC for further review.
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
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.”
National Advertising Division Recommends Zuru Modify or Discontinue Certain Claims for its Rascals and Millie Moon Diapers
New York, NY – December 18, 2024 – The National Advertising Division recommended Zuru Edge Limited modify or discontinue certain claims for its Rascals and Millie Moon diaper products.