NAD clamp-down highlights growing self-regulation

The latest decision by the National Advertising Division of the Council of Better Business Bureaus follows a challenge submitted to the organization by the supplement trade group Council for Responsible Nutrition (CRN). Under an initiative developed last year between CRN and NAD, the trade group challenged advertising claims made by New Charter Distribution on its Blockade brand dietary supplement on the grounds that they carried a broader disease prevention message. In addition, the claims were supported by laboratory testing but not supported by clinical studies. The claims, made in print, labeling and Internet advertising for Blockade included statements such as "blocks viruses from entering human cells";​ "works to target and block viruses before they multiply. Begins working in minutes . . . not hours";​ and ". . . up to 100% success in inhibiting the entry of enveloped viruses (like influenza)". ​ ​Investigation ​ Blockade's active dietary ingredient is ViraBloc, an elderberry extract developed by HerbalScience Nutraceuticals. NAD examined evidence that included a series of laboratory tests carried out by New Charter's scientific experts. Further to its investigation, the group requested New Charter to modify or discontinue several advertising claims "because of the obvious health concerns involved".​ NAD recommended that the advertiser limit claims for Blockade to make it clear that the product has only been proven to work in the laboratory, that the results in humans may differ from those observed in the laboratory, and that the product has only been tested on the Human Influenza A virus. NAD concluded that New Charter could continue to make certain claims about Blockade's mechanism of action, as long as they are limited and properly qualified, and do not suggest or imply disease treatment or prevention. Response ​ ​Further to the decision, New Charter agreed that it would discontinue or modify certain claims. The company said that it would add a "clear and conspicuous"​ disclosure regarding laboratory results, as well as the statement "Human results may differ from laboratory studies". ​ It also said it would disclose the type or nature of scientific studies by use of a prominent presentation and by placement in a conspicuous place. Self-regulation ​​The New Charter investigation, which was prompted by the supplement industry itself, is an example of the tightening of self-regulation as industry attempts to clear its name and gain consumer confidence. Such efforts come in response to the large number of bogus supplements sold on the market, which over-promise their effects and which erode consumer trust in supplement products, thereby damaging the industry as a whole. Last year, CRN set up a collaboration with NAD. This will run for at least three years, and involves CRN contributing a series of grants to NAD. So far, the grant money has allowed the regulatory group to hire a full-time lawyer focused on the review of dietary supplement products. The collaboration resulted in an immediate increase in the number of supplement ads reviewed - from eight to thirty in 2007