National Advertising Division Refers ViiV Healthcare’s DOVATO HIV Medication Claims to FDA and FTC for Review

New York, NY – April 27, 2023 – The National Advertising Division (NAD) of BBB National Programs has referred advertising claims made by ViiV Healthcare Company for its DOVATO® single-tablet HIV treatment medication to the U.S. Food and Drug Administration (FDA) and Federal Trade Commission (FTC) after the company informed NAD that it would not participate in the NAD self-regulatory process with respect to the challenged claims.

ViiV’s claims about its DOVATO medication, which appeared in multichannel advertising, were challenged by Gilead Sciences, Inc., manufacturer of Biktarvy®, a competing HIV medication. 

Gilead challenged express and implied health-related claims that DOVATO is superior to Biktarvy because it contains less medicine, does not contain tenofovir alafenamide (TAF), and is less likely to adversely impact patients’ renal, lipid, and weight profiles.  

ViiV did not submit a substantive response, but instead informed NAD that it would not participate in NAD’s self-regulatory process because it believes FDA is best positioned to assess the appropriateness of these prescription drug claims. 

NAD frequently reviews advertising claims for FDA-regulated products, including pharmaceuticals.  

Considering ViiV’s decision to not participate in the NAD self-regulatory process, NAD has referred the matter to the FDA and FTC for review and possible enforcement action.

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.

 

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 Dr. Luke Healthcare Discontinue Treatment Claims for its Fungal Nail Renewal Product

New York, NY – July 24, 2024 – The National Advertising Division recommended Dr. Luke Healthcare discontinue certain claims for Dr. Luke’s Fungal Nail Renewal product, including health-related claims, natural claims, and claims that a doctor recommends the product or that it treats a medical condition.

Read the Decision Summary
Decision

National Advertising Division Finds Flag Image on Kendamil Infant Formula Packaging Conveys Supported Message about Products’ Origin

New York, NY – July 17, 2024 – In a Fast-Track SWIFT challenge, the National Advertising Division determined that use of a flag image on product packaging for Kendal Nutricare’s Kendamil infant formula reasonably conveys a supported message about the products’ origin. 

Read the Decision Summary
Decision

In National Advertising Division Case, GuruNanda Voluntarily Discontinues Claims Made through Influencers for Coconut Pulling Oil Products

New York, NY – July 16, 2024 – The National Advertising Division has closed a Fast-Track SWIFT challenge regarding claims that GuruNanda’s coconut pulling oil products can “naturally reverse a cavity” and “reverse cavities.” 

Read the Decision Summary
Decision

National Advertising Division Refers Health-Related Advertising Claims for Prolacta’s Human Milk Fortifier to Regulatory Agencies

New York, NY – July 15, 2024 – The National Advertising Division will refer advertising claims made by Prolacta Bioscience for its Human Milk Fortifier to the Federal Trade Commission (FTC) and Food and Drug Administration (FDA) for review.

Read the Decision Summary