Creekside Natural Therapeutics to Discontinue Advertising Claims for Focused Mind Jr. Dietary Supplement Following NAD Challenge
For Immediate Release
Contact: Laura Brett, Vice President, NAD, Phone/Email: 212-705-0109 / email@example.com
New York, NY – April 13, 2020 – The National Advertising Division has recommended that Creekside Natural Therapeutics LLC discontinue “clinically proven,” performance, ingredient, and comparative claims for its Focused Mind Jr. dietary supplement, following a challenge by the Council for Responsible Nutrition (“CRN”). Initially, NAD referred this matter to the Federal Trade Commission for possible enforcement action because the advertiser failed to file an Advertiser’s Statement either agreeing to comply with NAD’s recommendations or appealing the decision to the NARB. However, after this referral, Creekside Natural Therapeutics submitted its Advertiser’s Statement and agreed to comply with NAD’s recommendations.
NAD is an investigative unit of the advertising industry’s system of self-regulation and is a division of the BBB NP’s self-regulatory and dispute resolution programs.
The express claims challenged by CRN appeared in online advertising. Focused Mind Jr. is a dietary supplement for children that contains DMAE (25mg), inositol (100mg), and phosphatidylserine (20mg). NAD determined that the requisite level of support for the advertiser’s challenged claims is competent and reliable scientific evidence because the advertiser makes powerful health-related claims that Focused Mind Jr. will improve cognitive function, mood, focus, and emotional well-being in children, including children with ADHD.
With regard to the advertiser’s “clinically proven,” performance, and comparative product claims, NAD noted that the advertiser did not submit any clinical testing on the Focused Mind Jr. product as a whole. Therefore, NAD recommended that the advertiser discontinue claims that the product itself has the benefits claimed in its advertising, including that it improves memory and focus in children. Further, NAD determined that one reasonable takeaway from several of the advertiser’s performance claims that position its product as a natural “alternative to” prescription medications is that Focused Mind Jr. is at parity with prescription drugs. However, because the record does not contain any testing of Focused Mind Jr., much less head-to-head testing comparing the performance of Focused Mind Jr. to a pharmaceutical drug, NAD recommended that such claims be discontinued. For these reasons, NAD recommended that the advertiser discontinue the following claims:
- “Creekside Natural Therapeutics Focused Mind, Jr. is a natural alternative to prescription pharmaceutical products which improves focus & memory in children.”
- “Why we created Focused Mind Jr. … [w]e kept getting requests to help children with symptoms normally associated with ADHD. Parents wanted a natural alternative to prescription medicines for attention support during the day. Dr. Natalie, a Board Certified pediatrician, who works for Creekside Natural Therapeutics, also saw the same need in her practice. Together, we formulated this product from clinically proven, natural ingredients at studied doses.”
- “A natural way to stay focused in the classroom and at home.”
- “Pediatrician created and approved to improve memory concentration and attention.”
- “The company’s Board Certified pediatrician has formulated this product from clinically proven natural ingredients at studied doses.”
- “Fidget spinners may be fun, but they are not effective for #adhd. If you or your child need help with focus, attention and memory, try our all natural Focused Mind Jr. and Focused Mind for teens and adults. We have it in stock at our site and Focused Mind is on sale!”
- “PS is proven to help with #ADHD”
NAD noted that nothing in this decision prevents the advertiser from truthfully and accurately describing the role of pediatrician input into the creation of Focused Mind Jr., as long as the claims are carefully tailored to avoid stating or implying that the product has been scientifically proven to be effective.
CRN also challenged several claims regarding the ingredients in Focused Mind Jr., specifically DMAE, inositol, and phosphatidylserine, including that:
- “DMAE (25 mg) – studies show that DMAE help improve attention and alertness;”
- “Phosphatidylserine (20 mg) – this is commonly termed a brain ‘nutrient’ that supports cognitive function, emotional well-being, and behavior performance by restoring cell membrane composition. It has also been shown to support memory;”
- “PS is proven to help with #ADHD;” and
- “Inositol (100 mg) – increases serotonin which calms anxiety and hyperactivity.”
NAD reviewed the studies submitted by the advertiser on these ingredients and determined that such studies were not a good fit for the aforementioned claims and, therefore, recommended that they be discontinued.
Finally, the advertiser agreed to permanently discontinue the challenged express claims that:
- “The ingredients in Focused Mind Jr. are … at clinically proven levels for effectiveness;” and
- “Together, we formulated this product from clinically proven, natural ingredients at studied doses.”
- “We love reviews like this:
- "I wasn't about to put him on medication at that age or make him feel like there was something wrong with him.
- I had a teacher try to tell me that my 5 year old needed to see a social worker because he had trouble sitting still. I wasn't about to put him on medication at that age or make him feel like there was something wrong with him. I tried this as an alternative as I didn't want to be one of those parents in denial that my son needed some help. This really seemed to help. He's still a typical boy and likes to jump from couch to couch but he is more focused."
NAD, relying on the advertiser’s representations that the claims have been permanently discontinued, did not review the claims on their merits. However, the voluntarily discontinued claims will be treated, for compliance purposes, as though NAD recommended their discontinuance and the advertiser agreed to comply.
In its advertiser’s statement, Creekside Natural Therapeutics stated that it agrees to comply with NAD’s recommendations and that the company “has taken corrective actions to comply with the suggestions made by NAD and will better utilize self-regulation for its advertising in the future.”
About the National Advertising Division (NAD): NAD provides independent self-regulation overseeing the truthfulness of advertising across the U.S. NAD reviews national advertising in all media and its decisions set consistent standards for truth and accuracy.
About BBB National Programs: BBB National Programs (BBB NP) fosters trust, innovation, and competition in the marketplace through the development and delivery of cost-effective, third-party self-regulation, dispute resolution and other programs. The programs were formerly administered by the Council of Better Business Bureaus. BBB NP is the home of industry self-regulatory and dispute resolution programs that include the National Advertising Division (NAD), National Advertising Review Board (NARB), BBB EU Privacy Shield, BBB AUTO LINE, Children’s Advertising Review Unit (CARU), Children’s Food and Beverage Advertising Initiative (CFBAI), Children’s Confection Advertising Initiative (CCAI), Direct Selling Self-Regulatory Council (DSSRC), Digital Advertising Accountability Program (Accountability Program), and the Coalition for Better Advertising Dispute Resolution Program (CBA DRM). The programs are designed to resolve business issues and advance shared objectives by responding to marketplace concerns to create a better customer experience. To learn more about industry self-regulation, please visit: BBBNP.org.
BBB National Programs National Advertising Division Launches Expedited Fast-Track SWIFT Lane Designed to Address Misleading Advertising Disclosures
New York, NY – November 9, 2021 – Mindful of recent Federal Trade Commission (FTC) actions, BBB National Programs today announced a new, streamlined lane of the expedited Fast-Track SWIFT challenge submission process, one designed specifically to address the prominence and sufficiency of...
Media Advisory: FTC Commissioner Rebecca Slaughter to Keynote National Advertising Division “Future of Ad Law” 2021 Annual Conference
New York, NY – September 21, 2021 – In its 50th anniversary year, the National Advertising Division (NAD) of BBB National Programs will host the NAD 2021 Annual Conference virtually next week, running Wednesday, September 29 through Friday, October 1. Members of the media are invited to cover NAD 2021 with...
Children’s Advertising Review Unit Issues Revised Guidelines for Responsible Advertising to Children, Effective January 1, 2022
McLean, VA – July 29, 2021 – BBB National Programs’ Children’s Advertising Review Unit (CARU) today announced the issuance of the revised CARU Advertising Guidelines, widely recognized industry standards to assure that advertising directed to children is not deceptive, unfair, or inappropriate for its intended...
U.S.-Based BBB National Programs Announced as Winner for “Best Sectoral Initiative” by International Council of Advertising Self-Regulation
On 15 June 2021, the International Council for Advertising Self-Regulation (ICAS) announced the winners of its second edition of the ICAS Global Awards. The objective of the ICAS Awards is to reward initiatives that contribute to responsible marketing practices and a more effective and impactful...