NAD refers Patent Health claims to FTC
NEW YORK — The National Advertising Division of the Council of Better Business Bureaus on Monday referred advertising for the dietary supplement Trigosamine Fast Acting (Trigo FA) to the Federal Trade Commission for further review following Patent Health’s failure to modify claims.
The referral follows an initial NAD decision, a ruling from the National Advertising Review Board and complaints from Nutramax Labs, which initially challenged Patent Health’s claims that appear in an advertorial — specifically, the sub-headline of a new Trigosamine advertorial claim: “Clinical trial: participants began to feel noticeable results in just days.”
In addition, the advertising included the claim that “81% of the participants started feeling better just days after taking the recommended dosage,” and “100% reported their joints felt better just midway through the [eight]-week clinical trial.”
This “fast-relief” message is compounded further by the name of the product itself, “Trigosamine Fast Acting.”
In its initial decision, the NAD found that the advertiser’s “speed” claims, based on a “six-minute walk test” during a single clinical study, were not supported by the results of that study. The NAD recommended that the advertiser discontinue all claims based on the results of the six-minute walk test as measured at three days, discontinue using the term “rapid relief” and discontinue all claims that compared the performance of Trigo FA with glucosamine supplementation alone.
The NAD also addressed the advertorial format of advertising for Trigo FA and recommended the advertiser take additional steps to make it clear that what consumers were seeing was advertising, not news.
Patent Health had accepted portions of the NAD decision and stated it would discontinue claims that included speed-of-action claims, direct glucosamine comparison claims and claims that the product, when combined with glucosamine, “improves absorption of nutrients and works quickly to improve mobility and flexibility.” Patent Health, however, believed that its study supported a claim of results in as few as three days of beginning supplementation and sought the NARB’s review of this claim, as well as the NARB’s position on its advertorial, NAD reported. NARB upheld the NAD’s decision in both respects.
The NAD opened two compliance reviews of advertising for the product in August 2010 and again in January 2011, following complaints from the original challenger in the case.
Although the NAD noted that the advertiser implemented some of the changes recommended by both the NAD and NARB, recently published advertising contained many of the same claims, presented in the same advertorial format.
The current advertising, the NAD noted in its compliance decision, disregards “the spirit and the letter of both the NAD and NARB decisions. Accordingly, since the advertiser has not made a bona fide attempt to bring its advertising into compliance with the recommendations in the NAD or NARB decision, NAD [has] concluded that the self-regulatory process has been exhausted and is referring the matter to the FTC for possible enforcement action.”
Medela kicks off online contest
MCHENRY, Ill. — Medela on Tuesday announced the launch of a new online Keep the Connection contest, giving moms a chance to win Medela breast-pumping and breast-feeding products.
"The Keep the Connection photo contest is an extension of our new Keep the Connection print campaign, which features a real mom and dad experiencing a true connection with their baby," stated Rachel Mennell, director of communications at Medela. "We wanted a way to showcase other moms keeping their connection — both physically through the life-giving benefits of breast milk and emotionally."
From March through December, two grand-prize winners per month will receive a complete Medela breast-pump prize package, including the Freestyle breast-pump and breast-feeding accessories valued at $500. Ten additional second-prize winners will receive a Harmony breast-pump and breast-feeding accessories valued at $100.
To enter, new and expectant moms can upload a favorite prenatal or post-partum photo to MedelaConnection.com that visually captures an emotional connection shared with their baby.
Contestants also will need to describe in 25 words or less their special "connecting moment," and can encourage family and friends to vote for their picture. At the end of each month, two grand-prize winners will be announced — one based on a random selection and the other a result of the photo with the most votes. Ten second-prize winners also will be randomly selected.
For full details, please visit MedelaConnection.com.
Blues legend and blues ingénue together promote OneTouch
MILPITAS, Calif. — LifeScan on Tuesday introduced Life First, a new North American campaign featuring music legend B.B. King and former “American Idol” contestant Crystal Bowersox in support of its OneTouch brand of blood-glucose monitoring systems.
The ads debut on national and regional television Tuesday and will be followed by online and print ads over the next several months. The introduction of the campaign coincides with National Diabetes Alert Day on March 22.
King, 85, has appeared in previous OneTouch campaigns and has had Type 2 diabetes since 1991. Bowersox, 25, the runner-up on the ninth season of “American Idol,” is insulin dependent and was diagnosed with Type 1 diabetes when she was 6 years old.
“OneTouch understands that people living with diabetes don’t want to be defined by their disease,” stated Michel Paul, group chairman of Johnson & Johnson Diabetes Care, which manages LifeScan. “They want to know that they’re successfully managing their diabetes so that they can, in essence, put their life first."
"B.B. is a music icon who continues to perform and tour tirelessly, and Crystal has established herself as one of music’s most talented new artists," Paul continued. "Both are clearly managing their diabetes so that they can live life first, and are an inspiration to all individuals living with diabetes.”
The campaign is the first phase of the OneTouch Life First initiative, which will be expanded over the next several months to provide information, tools and products to help encourage and inspire people living with diabetes.