NAD Finds “Scientifically Formulated” Claim for Morning Recovery Dietary Supplement Supported; Recommends Modification of “80% Improvement” Claim
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New York, NY – July 27, 2021 – The National Advertising Division (NAD) of BBB National Programs determined that More Labs, Inc.’s claim that its Morning Recovery dietary supplement is “scientifically formulated to help you bounce back after drinking” was supported. NAD recommended, however, that the advertiser modify the claim “users of Morning Recovery showed up to 80% improvement on specific hangover symptoms after drinking” to include the specific symptoms which achieved a near 80 percent improvement.
The advertiser’s Morning Recovery dietary supplement is promoted to alleviate hangover symptoms if consumed prior to drinking alcohol. The claims at issue, which appeared in internet advertising, were challenged by the Council for Responsible Nutrition (CRN).
During the proceeding, the advertiser permanently discontinued claims and testimonials regarding the efficacy of certain ingredients (and their impact on the liver), as well the health benefits of the Morning Recovery product itself. The advertiser stated that it would ensure that future testimonials do not reasonably imply the Morning Recovery will fully eliminate all hangover symptoms. The advertiser also voluntarily modified certain claims. Therefore, NAD did not review these permanently discontinued or modified claims on the merits.
Further, the advertiser permanently discontinued the hashtags “#liverhealth” and “#liverdetox” from its social media posts and advertisements that depict more than five standard drinks and agreed to add the following statement to its advertisements and product packaging: “This product will not prevent intoxication nor enhance sobriety. Please celebrate and recover responsibly.”
After reviewing the evidence offered by the advertiser in support of the claim that its Morning Recovery dietary supplement is “scientifically formulated to help you bounce back after drinking,” NAD determined that the claim was supported. With regard to the claim that “Users of Morning Recovery showed up to 80% improvement on specific hangover symptoms after drinking,” NAD noted that although there were statistically significant results for six symptoms, only four of six achieved 76-81 percent improvements. Therefore, NAD recommended that the claim be modified to (1) include the specific symptoms which achieved a near 80 percent improvement – headache, heart pounding, concentration problems, and clumsiness – in the main claim or in a clear and conspicuous disclosure that appears in close proximity to the main claim; or, (2) discontinue the percentage claim and refer to the all of the symptoms for which there were statistically significant improvements (i.e., overall hangover severity, headache, heart pounding, concentration problems, clumsiness, and anxiety).
In its advertiser statement, More Labs stated that it “appreciates that, based on the evidence presented, ‘NAD determined that the claim 'Scientifically formulated to help you bounce back after drinking' was supported” and that it “will comply with NAD's recommendations, and appreciates NAD's thoughtful analysis.”
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About the National Advertising Division: The National Advertising Division (NAD) 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.
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