In Reopened Case, National Advertising Division Recommends Dakota Nutrition Discontinue Certain Dietary Supplement Claims

New York, NY – March 6, 2024 – In a reopened case arising from an advertiser petition of a 2022 decision, BBB National Programs’ National Advertising Division recommended that Dakota Nutrition, Inc. discontinue challenged express and implied claims that its Extra Strength Elderberry 3-in-1 Immune Booster Capsules, Extra Strength Elderberry Gummies, and Immune Defense 7-in-1 Immune Booster Capsules (Elderberry Supplements) contain the ingredient elderberry. 

The claims at issue, which appeared on Dakota’s website, Amazon product pages, and on product labels were challenged by Nature’s Way Brands, LLC.

In a 2022 challenge brought by Nature’s Way, the National Advertising Division (NAD) determined that Dakota did not have a reasonable basis for the challenged claims that its Elderberry Supplements contain elderberry, and noted that Dakota did not submit any support for the claims that elderberries are antioxidants or that they contain certain amounts of antioxidants.

Therefore, NAD recommended that Dakota discontinue all challenged claims that relate to the presence and quantity of elderberry in its Elderberry Supplements. Based on NAD’s recommendation, Dakota agreed to discontinue the claims.

In 2023, NAD granted Dakota’s petition to reopen the decision, pursuant to NAD Procedures, based on a new expert report.

After reviewing this new evidence, NAD concluded that it did not provide a reasonable basis to support Dakota’s advertising that its Elderberry Supplements contain European Elderberry and recommended that Dakota discontinue the challenged claims, including:

• “elderberry capsules,”
• “elderberry gummies,“
• “black elderberry extract (150mg),”
• “150mg elderberry per serving,”
• “150mg of Black Elderberry,”
• “150mg of Sambucus Nigra Extract,”
• “elderberries are very high in antioxidants,” and
• “extra strength antioxidant.”

In its advertiser statement for the reopened case, Dakota stated that it “has previously discontinued the sale of its elderberry products, and therefore agrees to continue to comply with NAD’s recommendation” while noting that it “strongly disagrees with NAD’s conclusion” that the new evidence “does not satisfy the reasonable basis standard.”

All BBB National Programs case decision summaries can be found in the case decision library. For the full text of NAD, NARB, and CARU decisions, subscribe to the online archive. Per NAD/NARB procedures, this release shall not be used for advertising or promotional purposes.