Arcadia Consumer Healthcare Violates National Advertising Division Procedures

For Immediate Release
Contact: Abby Hills, Director of Communications, BBB National Programs

703.247.9330 / press@bbbnp.org

New York, NY – November 30, 2020 

 

The National Advertising Division (NAD) of BBB National Programs determined that Arcadia Consumer Healthcare (Arcadia) violated Section I2(b) of the Procedures for the U.S. advertising industry’s process of self-regulation by using the outcome of an NAD case for promotional purposes.
 

The advertising claims at issue in the case were challenged by Arcadia. 

The Procedures specifically state that “[b]y participating in an NAD or NARB proceeding, the parties agree…not to mischaracterize any decision issued or use and/or disseminate such decision for advertising and/or promotional purposes.”

In violation of this agreement, a senior Arcadia sales representative contacted retailers regarding the outcome of the recent NAD case and provided information, including graphics, detailing NAD’s recommendations on challenged claims. NAD determined this was promotional use of the decision.   

“Voluntary self-regulation of the advertising industry is a process that requires fair dealing on the part of both parties and an adherence to both the letter and spirit of the process,” said Laura Brett, vice president, NAD and New York office lead for BBB National Programs. “We are disappointed that it is necessary to issue a corrective press release for this clear and egregious violation of our procedures.”

In the underlying case, Arcadia had challenged certain advertising claims made by Advantice Health, LLC for its Kerasal Fungal Nail Renewal product. As a result of Arcadia’s actions, NAD exercised its procedural right to refuse to continue its handling of the case. Therefore, NAD closed the underlying challenge and re-opened it as a monitoring case, removing Arcadia as a party to the challenge. 

###

About BBB National Programs: BBB National Programs is where businesses turn to enhance consumer trust and consumers are heard. The non-profit organization creates a fairer playing field for businesses and a better experience for consumers through the development and delivery of effective third-party accountability and dispute resolution programs. Embracing its role as an independent organization since the restructuring of the Council of Better Business Bureaus in June 2019, BBB National Programs today oversees more than a dozen leading national industry self-regulation programs, and continues to evolve its work and grow its impact by providing business guidance and fostering best practices in arenas such as advertising, child-directed marketing, and privacy. To learn more, visit bbbprograms.org.

About the National Advertising Division: The National Advertising Division (NAD), a division of BBB National Programs, provides independent self-regulation and dispute resolution services, guiding the truthfulness of advertising across the U.S. NAD reviews national advertising in all media and its decisions set consistent standards for advertising truth and accuracy, delivering meaningful protection to consumers and leveling the playing field for business.    

Latest News

Press Release

BBB National Programs Adds FTC Veteran Mamie Kresses as Vice President, Children’s Advertising Review Unit (CARU)

McLean, VA – April 12, 2021 – BBB National Programs, the independent non-profit organization that oversees more than a dozen industry self-regulation and dispute resolution programs, today announced the hire of FTC veteran Mamie Kresses as Vice President, Children’s Advertising Review Unit (CARU). Kresses moves from the...

Read the Release
Press Release

BBB National Programs Receives APEC Approval as First U.S. Non-Profit Accountability Agent and Launches Global Privacy Division

McLean, VA – January 26, 2021 – Building upon its longstanding privacy protection work in Europe, BBB National Programs today announced its approval by the Asia-Pacific Economic Cooperation (APEC) as the first U.S.-based non-profit Accountability Agent in the APEC Cross Border Privacy Rules (CBPR) and Privacy...

Read Press Release
Press Release

BBB National Programs Announces 85 Distinguished Members of 2021 National Advertising Review Board Panel

McLean, VA – January 5, 2021 – BBB National Programs today announced the 2021 Panel Pool Members for its National Advertising Review Board, the appellate body for the U.S. advertising industry’s system of self-regulation. The National Advertising Review Board panel pool members, selected for their stature and experience in their fields,...
Read Press Release
Press Release

BBB National Programs Board of Directors Elects Three New Members

McLean, VA – December 14, 2020 – The Board of Directors of BBB National Programs, an independent non-profit organization that operates more than a dozen self-regulation programs, today announced that it has elected three new members for the 2020-2023 term and re-elected the Board Chair and Board Vice Chair.
Read Press Release