National Advertising Division Finds Challenged #1 Claims for Voltaren Arthritis Pain Relief Supported; Recommends Others be Modified or Discontinued

New York, NY – June 27, 2023 – The National Advertising Division (NAD) of BBB National Programs determined that Haleon, plc provided a reasonable basis for the challenged claims that its Voltaren Arthritis Pain Relief Gel is the:

  • “#1 Doctor Recommended Topical Pain Relief Brand” 
  • “#1 Topical Pain Reliever Globally”

 

NAD also concluded that the “#1 Doctor Recommended” claim as it appears on Haleon’s website and CVS’ website is not misleading. However, NAD recommended that the advertiser discontinue the claim that “most topicals heat, cool, or irritate the surface of the skin, which masks the pain” or modify it to avoid conveying that other topical pain relievers are ineffective.

The claims at issue were challenged by competitor RB Health (US) LLC.

Voltaren Arthritis Pain Relief Gel is a topical nonsteroidal anti-inflammatory drug (NSAID) that is applied to the skin to provide temporary relief of joint pain associated with arthritis. Originally only available through prescription, Voltaren became available over the counter (OTC) in 2020.

 

“#1 Doctor Recommended” and “#1 Topical Pain Reliever Globally”

Based on the evidence in the record, NAD concluded that Haleon provided a reasonable basis for the claims “#1 Doctor Recommended Topical Pain Relief Brand” and “#1 Topical Pain Reliever Globally.”  

However, NAD found that the claim “#1 Doctor Recommended Topical Pain Relief Brand,” if viewed in isolation and out of context, could reasonably convey a message about Voltaren being indicated for general pain and not just arthritis pain. Therefore, NAD recommended that when the advertiser makes this claim in other contexts it clearly and conspicuously discloses that Voltaren is approved for the treatment of arthritis pain.

 

“Most Topicals Heat, Cool, or Irritate the Surface of the Skin Which Masks the Pain”

NAD considered whether this claim is merely a description of the mechanism of action of most other topical pain relievers on the market, such as menthol-based products known as “counterirritants.” However, NAD determined that the claim could reasonably convey a misleading message to consumers that such products may harm the skin and be ineffective at treating pain. 

Therefore, NAD recommended that the claim be discontinued or modified to avoid conveying the message that other topical pain relievers are ineffective.

In its advertiser statement, Haleon stated that it “agrees to comply with NAD’s decision” and that it “will take NAD’s additional recommendations into consideration in future advertising.”

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 Blueprint Test Preparation Discontinue Certain MCAT Score Improvement Claims

New York, NY – April 22, 2024 – The National Advertising Division recommended Blueprint Test Preparation discontinue certain express and implied claims made in connection with its four MCAT preparation courses, including claims that Blueprint students raise their MCAT scores by 15 or 13 points on average.

Read the Decision Summary
Decision

National Advertising Division Recommends The Princeton Review Discontinue Point Increase Claims for MCAT Test Preparation Services

New York, NY – April 18, 2024 – In a Fast-Track SWIFT challenge, the National Advertising Division recommended that The Princeton Review (TPR) discontinue claims that its students “Score a 515+ on the MCAT or add 15 points depending on your starting score. Guaranteed or your money back.”

Read the Decision Summary
Decision

Direct Selling Self-Regulatory Council Recommends Trades of Hope Discontinue Salesforce Member Earnings Claims

McLean, VA – April 17, 2024 – The Direct Selling Self-Regulatory Council (DSSRC) recommended that Trades of Hope discontinue certain earnings claims made by salesforce members on Facebook and YouTube. 

Read the Decision Summary
Decision

National Advertising Division Recommends Lily of the Desert Nutraceuticals Discontinue “100% Pure Avocado Oil” Claim for Tropical Plantation Avocado Oil

New York, NY – April 15, 2024 – The National Advertising Division recommended that Lily of the Desert Nutraceuticals discontinue the claim “100% Pure Avocado Oil” for its Tropical Plantation Avocado Oil and avoid conveying the unsupported message that the product is 100% pure avocado...

Read the Decision Summary