05.01.13
The National Advertising Division (NAD) has recommended that Matrixx Initiatives discontinue advertising claims that suggest its homeopathic Zicam Cold Remedy products prevent users from catching a cold. In this case, advertising claims were challenged by ProPhase Labs, Inc., maker of Cold-EEZE Zinc Cold Remedy homeopathic products.
Claims at issue were featured in an advertising campaign that depicted a “Cold Monster” and encouraged treatment with Zicam products at the “pre-cold” stage. Claims included: “The Pre-Cold Medicine;” “Take Zicam Now And Go From Pre-Cold To No Cold, Faster;” and “clinically proven [to reduce the duration of a cold].”
Following its review of evidence, NAD recommended that all iterations of the advertiser’s “clinically proven [to reduce the duration of a cold]” claims—in television, print, Internet and other advertising media—clearly and conspicuously disclose that the claim applies solely to its Zicam Rapid Melts, Chewables and Oral mist products. NAD also recommended that the advertiser discontinue the “clinically proven” claim in advertising featuring non-tested products and non-cold remedy products.
As for the advertiser’s “#1 Pharmacist Recommended” and the “#1 Pharmacist Recommended Brand” claims, NAD appreciated that the advertiser has removed its “#1 Pharmacist Recommended” seal from its current advertising, an action that NAD deemed necessary and proper. However, NAD recommended that the advertiser ensure that any use of “#1 Pharmacist Recommended” language clearly and conspicuously disclose that this rank was achieved in the “Homeopathic Cold Products” category, so as to avoid the implication that Zicam achieved this position within the “Cold Remedy” category—a ranking held by the challenger’s Cold-EEZE product.
In a separate review, NAD recommended that Hello Life, LLC, discontinue unsupported claims that its Synaptol, a homeopathic remedy, treats or relieves symptoms of Attention Deficit Disorder or Attention Deficit/Hyperactivity Disorder (ADD/ADHD). NAD further recommended that the advertiser discontinue its use of testimonials claiming that Synaptol treats ADD/ADHD symptoms or that is can be used as a replacement for or alternative to prescription treatments for ADD/ADHD.
Claims at issue were featured in an advertising campaign that depicted a “Cold Monster” and encouraged treatment with Zicam products at the “pre-cold” stage. Claims included: “The Pre-Cold Medicine;” “Take Zicam Now And Go From Pre-Cold To No Cold, Faster;” and “clinically proven [to reduce the duration of a cold].”
Following its review of evidence, NAD recommended that all iterations of the advertiser’s “clinically proven [to reduce the duration of a cold]” claims—in television, print, Internet and other advertising media—clearly and conspicuously disclose that the claim applies solely to its Zicam Rapid Melts, Chewables and Oral mist products. NAD also recommended that the advertiser discontinue the “clinically proven” claim in advertising featuring non-tested products and non-cold remedy products.
As for the advertiser’s “#1 Pharmacist Recommended” and the “#1 Pharmacist Recommended Brand” claims, NAD appreciated that the advertiser has removed its “#1 Pharmacist Recommended” seal from its current advertising, an action that NAD deemed necessary and proper. However, NAD recommended that the advertiser ensure that any use of “#1 Pharmacist Recommended” language clearly and conspicuously disclose that this rank was achieved in the “Homeopathic Cold Products” category, so as to avoid the implication that Zicam achieved this position within the “Cold Remedy” category—a ranking held by the challenger’s Cold-EEZE product.
In a separate review, NAD recommended that Hello Life, LLC, discontinue unsupported claims that its Synaptol, a homeopathic remedy, treats or relieves symptoms of Attention Deficit Disorder or Attention Deficit/Hyperactivity Disorder (ADD/ADHD). NAD further recommended that the advertiser discontinue its use of testimonials claiming that Synaptol treats ADD/ADHD symptoms or that is can be used as a replacement for or alternative to prescription treatments for ADD/ADHD.
