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ARTICLE · 28 AUGUST 2020

"Clinically Proven" Means "Clinically Meaningful"

Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC
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Frankfurt Kurnit Klein & Selz PC

Frankfurt Kurnit Klein & Selz PC

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A new Decision from the National Advertising Review Board ("NARB") addresses the issue of what "clinically proven" means to consumers and how advertisers must support such a claim.

United StatesMedia, Telecoms, IT, Entertainment

A new Decision from the National Advertising Review Board ("NARB") addresses the issue of what "clinically proven" means to consumers and how advertisers must support such a claim. 

At issue was Church & Dwight's advertising claim "Clinically Proven Absorption" for its line of Vitafusion branded gummy dietary supplements.  The claim was challenged at the National Advertising Division ("NAD") by Pharmavite, the manufacturer of "Nature Made" dietary supplements.  C&D argued at NAD that its claim was supported, albeit based on clinical testing of vitamin C and vitamin D3 only, a fact that it disclosed in its advertising.  In addition, C&D argued that its clinical testing adequately supported a "clinically proven absorption" claim as to vitamins 3 and D3 because the studies showed statistically significant increases in the concentration of the vitamins in the study participants' blood and/urine.

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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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