In a reopened case arising from an advertiser petition of a 2022 decision, BBB National Programs’ National Advertising Division (NAD) recommended that Dakota Nutrition, Inc. discontinue express and implied claims related to its Elderberry 3-in-1 Immune Booster Capsules, Extra Strength Elderberry Gummies, and Immune Defense 7-in-1 Immune Booster Capsules.
 
The claims were originally challenged in 2022 by Nature’s Way, and appeared on Dakota Nutrition’s website, Amazon product pages, and on product labels. NAD determined that Dakota “didn’t have a reasonable basis for the challenged claims that its Elderberry Supplements contained elderberry,” and Dakota Nutrition didn’t submit any support for claims that elderberries are antioxidants, or contain certain amounts of antioxidants.
 
On NAD’s recommendation, Dakota Nutrition agreed to discontinue all of the challenged claims related to the presence and quantity of elderberry in its Elderberry Supplements.
 
In 2023, NAD granted Dakota’s petition to reopen the decision based on a new expert report.
 
However, NAD still concluded that Dakota Nutrition discontinue challenged claims which included:

• “elderberry capsules” 
• “elderberry gummies“ 
• “black elderberry extract (150mg)” 
• “150mg elderberry per serving” 
• “150mg of Black Elderberry” 
• “150mg of Sambucus Nigra Extract” 
• “elderberries are very high in antioxidants” 
• “extra strength antioxidant”

In its advertiser statement for the reopened case, Dakota said it previously discontinued the sale of its elderberry products, and agreed to comply with NAD’s recommendation, while noting that it “strongly disagrees with NAD’s conclusion” that the new evidence doesn’t satisfy NAD’s “reasonable basis standard."