Jennifer Adams Quoted in “Olly and BrainPack NAD Decisions Highlight Challenges in Supplement Advertising”
NutraIngredients turned to Jen Adams for comment on two recent decisions by the National Advertising Division (NAD) and their potential impact on dietary supplement advertising. “The rulings on Olly PBC’s Kids Chillax product and Ingenuity’s BrainPack Daily Adult Gummy Vitamins underscore the rigorous standards required to support express and implied claims and the evolving role of consumer reviews in regulatory scrutiny,” wrote reporter Cassandra Stern.
Commenting on Olly, Jen stated, “NAD is echoing FTC’s position that reviews do not necessarily need to be removed, even with unsupported claims, so long as they are real and not derived from any misleading advertising.” She added, “Consumer review moderation for FDA and FTC compliance considerations can be a double-edged sword, as removing noncompliant or unsubstantiated content can look good to regulators, but too much involvement can cause a company to lose some immunities available to only posting forums under the CDA.”
With regard to the BrainPack decision, Jen noted, “nutrient-based structure/function claims pose an interesting substantiation situation as the everyday function of essential nutrients in the body is widely excepted in the scientific community and generally isn’t being studied in interventional trials — for example, calcium for bone health. These types of claims frequently meet the CARSE standard without a double-blind, placebo-controlled trial, but the claim’s language must be clearly tailored to this everyday health benefit, otherwise it may need interventional data to be adequately supported.”
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