11.01.10
The National Advertising Division (NAD) of the Council of Better Business Bureaus has determined that Celsius, Inc., Boca Raton, FL, provided adequate substantiation to support certain advertising claims—as modified during the course of NAD’s review—for its Celsius supplement beverage. NAD recommended, however, that the company discontinue certain quantified performance claims. NAD examined print and Internet advertising for Celsius, noting in its decision that the advertiser asserted it had modified most of the challenged claims for Celsius, including claims made on packaging and labeling. In making its determinations, NAD considered the evidence submitted by Celsius, which included six separate studies—three on subjects who used the product without exercise and three on subjects who used the product in conjunction with an exercise program. NAD also evaluated whether claims related to calorie and fat burning implied that the use of the product without exercise would result in weight loss. Following its review, NAD determined that certain claims, as modified, were supported by the advertiser’s evidence, as long as those claims are presented in the context of advertising geared to people who exercise and make clear that achieving the promised benefits of the product requires exercise.