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
Direct Selling Self-Regulatory Council Recommends Lovvare Discontinue Earnings and Product Performance Claims
McLean, VA – October 28, 2024 – The Direct Selling Self-Regulatory Council (DSSRC) recommended Lovvare, a direct selling company that sells nutritional and wellness products, discontinue product performance and earnings claims made by salesforce members on Facebook and the Lovvare website.
James Hardie Appeals National Advertising Division Recommendation to Discontinue Certain Claims for its Fiber Cement Siding
New York, NY – October 24, 2024 – The National Advertising Division determined that, in connection with certain testimonials for James Hardie’s fiber cement siding, no additional disclosure of material connections is necessary, but recommended that other claims be modified or discontinued.
National Advertising Division Finds Certain HEPA Claims for PuroAir 400 Air Purifiers and Filters Supported
New York, NY – October 23, 2024 – In a challenge brought by competitor Levoit, the National Advertising Division determined PuroAir provided a reasonable basis for claims that its PuroAir 400 air purifiers and filters have passed high-efficiency particulate air (HEPA) standards.
Direct Selling Self-Regulatory Council Recommends Dudley Beauty Discontinue Earnings Claims
McLean, VA – October 21, 2024 – The Direct Selling Self-Regulatory Council (DSSRC) recommended Dudley Beauty discontinue certain earnings claims made on Facebook, Twitter/X, YouTube, Pinterest, and the company website.