National Advertising Division Recommends Beyond Air Discontinue or Modify Comparative Safety Claims for its iNO Products
New York, NY – December 9, 2024 – In a Fast-Track SWIFT challenge brought by competitor Vero Biotech, Inc., BBB National Programs’ National Advertising Division recommended that Beyond Air, Inc. discontinue the challenged comparative superiority safety claims for its iNO (inhaled nitric oxide) products or modify its advertising to avoid conveying the message that Beyond Air’s products are safer than Vero’s and/or that Vero’s products are unsafe.
Fast-Track SWIFT is an expedited process designed for single-issue advertising cases brought to the National Advertising Division (NAD). Vero and Beyond Air are competitors in the market for iNO delivery systems used to treat neonates with hypoxic respiratory failure associated with pulmonary hypertension.
At issue for NAD were Beyond Air’s claims that its products are safer than Vero’s, including marketing materials in its Corporate Presentation and Fact Sheet, which Vero argued misrepresented its products as unsafe or containing hazardous materials.
NAD recommended that Beyond Air discontinue or modify the challenged comparative superiority claims to avoid conveying the message that Beyond Air’s products are safer than Vero’s and/or that Vero’s products are unsafe. Nothing in this decision precludes Beyond Air from making truthful and non-misleading safety claims about its products.
During the inquiry, Beyond Air advised NAD that as of February 2024 it had permanently discontinued use of the “Fact Sheet.” NAD will treat the permanently discontinued “Fact Sheet” and claims contained therein, for compliance purposes, as if NAD recommended that they be discontinued.
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