Social Media Video Implying Superfoods Immunity Bundle Protects Against COVID-19 is Discontinued Following NAD Inquiry

For Immediate Release 

New York, NY – June 4, 2020 – Following an inquiry by the National Advertising Division (NAD), Your Superfoods, Inc. immediately discontinued a social media video that conveyed an implied message that taking Your Superfoods Immunity Bundle protects consumers against COVID-19.  

NAD is an investigative unit of the advertising industry’s system of self-regulation and is a division of the BBB National Programs’ self-regulatory and dispute resolution programs. 

Through a routine monitoring program, NAD challenged the advertisement by Your Superfoods noting that the Federal Trade Commission (FTC) and the U.S. Food and Drug Administration (FDA) have issued numerous warning letters to dietary supplement manufacturers in response to advertisements touting their products’ abilities to cure or increase consumers’ immunity to protect them from COVID-19. NAD shares the FTC and FDA’s concerns and is using its monitoring resources to find claims for products touting misleading health-conferring benefits related to COVID-19 as part of its public interest mission to protect consumers particularly during this unprecedented time.  

The challenged video showed the owners of Your Superfoods touting their Superfoods Immunity Bundle and included the following dialogue: 

“[W]ith all that’s going on, with the coronavirus…there is a piece that we can control and that is our own health and building our immune system because its depends on what we eat….It’s super important to have a lot of micronutrients now, so Superfoods can help.  We have this amazing immunity bundle – Super Greens to up your green, Mellow Yellow which really reduces your stress because [stress] actually reduces your immunity, and then we also have immunity boosting mushrooms in our Magic Mushroom mix.”  

In response to NAD’s inquiry, the advertiser informed NAD that it discontinued the video in question and that it would take immediate steps to ensure that its advertising does not make any express or implied claims as to the efficacy of its products in preventing COVID-19.   

In its advertiser’s statement, Your Superfoods stated that it “respectfully disagrees with NAD’s position that the video implied that the Immunity Bundle will protect consumers against COVID-19. Nevertheless, out of respect for the self-regulatory process, Your Superfoods voluntarily removed the video from circulation.” 

 

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 T-Mobile Discontinue or Modify 20% Savings vs. ‘The Other Big Guys’ Claim; T-Mobile to Appeal

New York, NY – January 9, 2025 – The National Advertising Division recommended that T-Mobile discontinue or modify its advertising to avoid conveying the comparative claim that consumers can “save 20% every month vs. the other big guys” if they subscribe to T-Mobile in markets where Spectrum Mobile also...

Read the Decision Summary
Decision

In National Advertising Division Fast-Track SWIFT Challenge Behr Voluntarily Discontinues “No Comparable Product” Claim

New York, NY – January 8, 2025 – In a National Advertising Division Fast-Track SWIFT challenge brought by Benjamin Moore, Behr voluntarily discontinued its “No Comparable Product” claim.

Read the Decision Summary
Decision

National Advertising Division Finds Charter’s “Unlimited” Claims Supported; Recommends Clear & Conspicuous Speed Limitation Disclosures

New York, NY – January 7, 2025 – The National Advertising Division found that Charter substantiated certain express and implied claims about its Spectrum Mobile “Unlimited” and “Unlimited Plus” wireless data plans but recommended that Charter modify its website advertising to disclose high speed data...

Read the Decision Summary
Decision

National Advertising Division Recommends Solawave Discontinue Certain Claims for its Advanced Skincare Wand

New York, NY – January 6, 2025 – As part of its routine monitoring process, the National Advertising Division recommended Solawave discontinue certain express and implied claims for its SolaWave Advanced Skincare Wand.

Read the Decision Summary