Optivida Silver Solution Discontinued COVID-19 Cure, Efficacy, and Safety Claims Following NAD Inquiry

For Immediate Release 

New York, NY – June 8, 2020 – Following an inquiry by the National Advertising Division (NAD), Optivida Health removed social media posts that referred to the Jim Bakker Show and claims by Mr. Bakker about Optivida Silver Solution, a liquid dietary supplement, curing COVID-19. NAD also recommended that the advertiser discontinue express efficacy and safety claims about Optivida Silver Solution. 

Through a routine monitoring program, NAD challenged a Twitter post featuring a video of televangelist Jim Bakker selling a silver solution referenced as Optivida Silver Solution, touting it as a treatment or cure for COVID-19. NAD monitors national advertising in different media as part of its public interest mission to ensure the truthfulness and accuracy of national advertising. NAD’s monitoring efforts are currently focused on advertising of dietary supplements and other products making express or implied claims that they can boost one’s immunity to provide protection against COVID-19. 

In response to NAD’s inquiry, the advertiser informed NAD that the Jim Bakker video was permanently discontinued as a result of law enforcement cease and desist orders. NAD appreciated the advertiser’s written assurances and evidence demonstrating that the Jim Bakker Show does not sell the product in question prior to NAD’s initiation of this inquiry. The advertiser removed the social media posts identified by NAD which refer to the Jim Bakker Show and claims by Mr. Bakker about Optivida Silver Solution curing COVID-19. NAD noted that these voluntarily discontinued posts with the offending claims will be treated, for compliance purposes, as though NAD recommended their discontinuance and the advertiser agreed to comply.  

Further, NAD requested substantiation for the unqualified superior health-related efficacy claim that “Optivida Silver Solution (10 ppm) works faster, longer, and more efficiently than other silvers to support your immune system.” In support of the claim, the advertiser referred to an excerpt from a book entitled “Silver: Nature’s Natural Healer” and marketing materials from its manufacturer. However, NAD determined that these do not constitute competent and reliable scientific evidence, nor do they cite any studies to support the claim that Optivida Silver Solution works faster, longer, and more efficiently to support immune health than competing silver-based supplements. Therefore, NAD recommended that the claim be discontinued. NAD noted that nothing in its decision prevents the advertiser from truthfully explaining compositional differences between its product and competing products without expressly or impliedly conveying that these differences confer any health-related benefits. 

NAD also requested substantiation for the safety claim “Silver is safe – no negative action on organs or other body systems when ingested or used topically; no negative interactions with other drugs when ingested; no damage to probiotic systems; safe for children, infants, animals.” In support of the claim, the advertiser submitted four studies and one review article. However, after careful consideration of the submitted materials, NAD determined that they do not support the challenged claim and recommended that it be discontinued. 

In its advertiser’s statement, Optivida Health stated that it will comply with NAD’s recommendations. The advertiser stated that it believes “that there are many critical differences that consumers should know when they are comparing our product with other competing products. However, we will seek other ways to truthfully explain these structural differences without implying health-related benefits.”  

 

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 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
Decision

National Advertising Division Finds Certain Fenty Skin Melt AWF Cleanser Performance Claims Supported; Recommends Modifications to Disclosures

New York, NY – April 12, 2024 – The National Advertising Division determined, as part of its routine monitoring program, that Fenty Skin LLC provided a reasonable basis for certain claims for its Melt AWF Jelly Oil Makeup-Melting Cleanser.

Read the Decision Summary