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The National Advertising Division of the Council of Better Business Bureaus has recommended that DSM Nutritional Products discontinue certain advertising claims for its “i-flex” dietary supplement, including performance claims, comparative claims and “green” claims.
January 14, 2011
By: Sean Moloughney
Editor, Nutraceuticals World
The National Advertising Division of the Council of Better Business Bureaus has recommended that DSM Nutritional Products discontinue certain advertising claims for its “i-flex” dietary supplement, including performance claims, comparative claims and “green” claims. As a part of its ongoing monitoring program and in conjunction with NAD’s initiative with the Council for Responsible Nutrition to expand the review of advertising claims for dietary supplements, NAD requested that DMS provide substantiation for advertising claims made in print and Internet advertising and on product labels for i-flex, a dietary supplement made from rose hips and advertised for joint health benefits. Claims at issue in NAD’s review included: • “i-flex from Patented Danish Rosehips Gives Rapid Joint Relief and Comfort to 4 out of Every 5 People” • “And the longer term effect is also impressive” • “Leap to a Higher Level of All Natural & Clinically Effective Joint Relief” • “Proven in 3 published clinical studies to dramatically improve joint health and daily mobility” • “i-flex works faster than glucosamine” • “i-flex patent-processed RHP works better than glucosamine” • “Green and sustainable ingredient” • “All Natural” • “i-flex is free of all super 8 allergens” • “i-flex is truly unlike any other joint product out there” • “The formula has been used by thousands all over Europe with fantastic results in soothing sore joints” One of the advertisements at issue was a newspaper advertorial that included the following claims: • “New Joint Pill from Europe Rescues Musician’s Career” • “In recent years when the discomfort became acute, I would have to take several days off from playing to give my joints relief. Doctors said I had osteoarthritis for which there is no cure” • “After a month of using i-flex, I began feeling that I could go longer practicing without discomfort” • “I am able to practice and perform recitals with no joint discomfort whatsoever” • “i-flex has given me a new lease on life as a musician” • “Before taking i-flex I had to limit my practice time. Sometimes I had to take several days off” Following its review of the advertiser’s evidence, NAD found that existing research on rose hip powder was sufficiently reliable to support general claims that i-flex provides “a joint health benefit.” Further, NAD concluded that the cited research on rose hip powder supported general claims promoting the improved joint health experienced by the musician described in the testimonial. NAD found, however, that certain claims, including the quantified result claims, overstated the results of the research. NAD recommended that the advertiser discontinue the claims that “i-flex from Patented Danish Rosehips Gives Rapid Joint Relief and Comfort to 4 out of Every 5 People” and “And the longer term effect is also impressive.” NAD found that in the absence of research that compares the relative efficacy of glucosamine and rose hip powder, the advertiser could not support the comparative performance claims at issue. NAD recommended that the advertiser discontinue claims that i-flex works “better” or “faster” than glucosamine.” Further, NAD recommended that the advertiser discontinue claiming that research has found no joint health benefit from glucosamine supplementation. NAD recommended the advertiser discontinue the unsupported claims that suggest i-flex is made of a “green and sustainable” ingredient and that the formula “has been used by thousands all over Europe with fantastic results…” NAD found the claim that “i-flex is truly unlike any other joint product out there” promoted the fact that the product contains rose hips and therefore determined that the claim was supported. Finally, NAD recommended that the advertiser modify its advertorial, and make it clearer that it is, in fact, advertising, and not news content. The company, in its advertiser’s statement, said that while it “respectfully disagrees” with the NAD’s findings, “DSM believes in the self-regulation process and agrees to make its advertising and marketing for i-flex consistent with the NAD’s decision.”
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