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ARTICLE · 29 NOVEMBER 2018

NAD Dissatisfied With E.D. Supplement Ads

Frankfurt Kurnit Klein & Selz PC
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NAD requested substantiation from Health Club Diet for a number of claims in its advertising for Androzene, a dietary supplement for erectile dysfunction.

United StatesEmployment and HR

NAD requested substantiation from Health Club Diet for a number of claims in its advertising for Androzene, a dietary supplement for erectile dysfunction.  The advertising at issue included claims that the supplement would improve men's sex lives, increase their arousal, and provide them with maximum size, hardness and stamina.  All in all, NAD determined, the advertising "reasonably conveys the message that Androzene will provide male consumers substantial, if not complete, relief from erectile dysfunction (ED) such that they will experience pre-ED sexual performance and satisfaction."

The problem, according to NAD, is that Health Club Diet did not have adequate substantiation for these potent health claims. Indeed, it had no product testing.  Instead, it submitted studies about two ingredients in the product  -- caffeine and yohimbine -- and an expert report about the two ingredients.  

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This post first appeared in Frankfurt Kurnit's Focus on the Data blog (www.focusonthedata.com). It provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

Originally published by the New York Legal Ethics Reporter

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

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