Mike Montemarano, Associate Editor 04.08.21
BBB National Programs' National Advertising Division (NAD) recently announced that following its challenge of claims made by supplement company First Day Life, the company discontinued several claims and consumer testimonials which appeared in digital advertising. The claims and testimonials, attached to the company’s Daily Enrichment Multivitamin, were initially challenged by the Council for Responsible Nutrition, a trade association representing the dietary supplements industry.
Such claims included:
- “Millions of kids in the US are hyperactive. They’re distracted and impulsive. But there’s a secret cause that has just been discovered: Nutritional Deficiencies. Even when we think our kids are eating well, they might not be getting critical vitamins. In fact, 93% of kids aren’t eating enough fruits and veggies every day. That creates chemical imbalances that affect their behavior. That’s where First Day Kids Enrichment comes in to improve their behavioral development.”
- “Hey Mom, give yourself a tantrum free day this Mother’s Day! Our vitamins help little one’s stay focused and improves behavioral issues.”
- “My six-year-old has done a complete 1880 on his behavior. He says his brain doesn’t feel like it’s buzzing anymore. It’s true… nutritional deficiencies create a chemical imbalance that affects children’s behavior.”
- “First Day Kids Enrichment contains certain vitamins, which may help support children’s ability to focus.”
- “Start the 30-day kid’s vitamin challenge. Better nutrition may help with picky eaters, irritable, easily distracted” with three arrows pointing from each of these terms to a happy child and “first day-45 day satisfaction guarantee, immediately underneath.
- “Start the 30-day kid’s vitamin challenge. Better nutrition may help with lack of focus, irritable, easily distracted.”
CRN also challenged several consumer testimonials relaying parents’ experiences with the vitamins and describing how the product stopped their children’s tantrums and hyperactivity. First Day Life informed the NAD that it has permanently discontinued all the challenged claims and testimonials. During the inquiry, NAD alerted the advertiser to a Facebook-sponsored post that featured a picture of the product with the claim “end mealtime battles,” which raised the same concerns as certain claims featured in the Facebook sponsored posts challenged by CRN.
NAD determined that the Facebook post reasonably conveyed the message that children who take First Day Kid’s Daily Essentials will no longer experience tantrums, be hyperactive, or lack focus, and that the post raises the same concerns as the now-permanently discontinued sponsored posts which promised results within a specific timeframe (i.e., 30 days). Because the advertiser didn’t conduct any testing on the product itself, NAD determined that it doesn’t possess support for such claims.
NAD cautioned the advertiser to “be mindful that health claims must be supported by competent and reliable scientific evidence,” and provided guidance to the company on the type of support needed for qualified health claims. Nothing in NAD’s decision prevents the advertiser from saying that its product is designed to fill nutritional gaps in an easy-to-consume form that is palatable to children, provided that it doesn’t link consumption of those ingredients to consumer or clinically-meaningful improvements in behavior and cognitive performance.
In its advertiser statement, First Day Life stated that it “respects the self-regulatory process and intends to comply with NAD’s recommendations.” While the advertiser noted that it “respectfully disagrees” with NAD’s findings, First Day stated that it “appreciates NAD’s efforts to improve the industry” and “the opportunity to engage in this proceeding.”
Mike Montemarano has been the Associate Editor of Nutraceuticals World since February 2020. He can be reached at mmontemarano@rodmanmedia.com.
Such claims included:
- “Millions of kids in the US are hyperactive. They’re distracted and impulsive. But there’s a secret cause that has just been discovered: Nutritional Deficiencies. Even when we think our kids are eating well, they might not be getting critical vitamins. In fact, 93% of kids aren’t eating enough fruits and veggies every day. That creates chemical imbalances that affect their behavior. That’s where First Day Kids Enrichment comes in to improve their behavioral development.”
- “Hey Mom, give yourself a tantrum free day this Mother’s Day! Our vitamins help little one’s stay focused and improves behavioral issues.”
- “My six-year-old has done a complete 1880 on his behavior. He says his brain doesn’t feel like it’s buzzing anymore. It’s true… nutritional deficiencies create a chemical imbalance that affects children’s behavior.”
- “First Day Kids Enrichment contains certain vitamins, which may help support children’s ability to focus.”
- “Start the 30-day kid’s vitamin challenge. Better nutrition may help with picky eaters, irritable, easily distracted” with three arrows pointing from each of these terms to a happy child and “first day-45 day satisfaction guarantee, immediately underneath.
- “Start the 30-day kid’s vitamin challenge. Better nutrition may help with lack of focus, irritable, easily distracted.”
CRN also challenged several consumer testimonials relaying parents’ experiences with the vitamins and describing how the product stopped their children’s tantrums and hyperactivity. First Day Life informed the NAD that it has permanently discontinued all the challenged claims and testimonials. During the inquiry, NAD alerted the advertiser to a Facebook-sponsored post that featured a picture of the product with the claim “end mealtime battles,” which raised the same concerns as certain claims featured in the Facebook sponsored posts challenged by CRN.
NAD determined that the Facebook post reasonably conveyed the message that children who take First Day Kid’s Daily Essentials will no longer experience tantrums, be hyperactive, or lack focus, and that the post raises the same concerns as the now-permanently discontinued sponsored posts which promised results within a specific timeframe (i.e., 30 days). Because the advertiser didn’t conduct any testing on the product itself, NAD determined that it doesn’t possess support for such claims.
NAD cautioned the advertiser to “be mindful that health claims must be supported by competent and reliable scientific evidence,” and provided guidance to the company on the type of support needed for qualified health claims. Nothing in NAD’s decision prevents the advertiser from saying that its product is designed to fill nutritional gaps in an easy-to-consume form that is palatable to children, provided that it doesn’t link consumption of those ingredients to consumer or clinically-meaningful improvements in behavior and cognitive performance.
In its advertiser statement, First Day Life stated that it “respects the self-regulatory process and intends to comply with NAD’s recommendations.” While the advertiser noted that it “respectfully disagrees” with NAD’s findings, First Day stated that it “appreciates NAD’s efforts to improve the industry” and “the opportunity to engage in this proceeding.”
Mike Montemarano has been the Associate Editor of Nutraceuticals World since February 2020. He can be reached at mmontemarano@rodmanmedia.com.
