FTC Sends Advertisers Back To NAD

In 2016, the National Advertising Division referred two cases to the Federal Trade Commission.  The first case involved claims by Max Synapse LLC that its dietary supplement supports short-term memory, drastically increases long-term memory, increases concentration, and increases memory and recall.  The second case involved claims by Super Flora Probiotic, LLC that its dietary supplement ends frequent bathroom emergencies, stops urgent diarrhea and digestive problems, promotes weight loss, and boosts the immune system. 

The NAD referred these cases to the FTC after the companies did not respond to NAD's inquires or otherwise participate in NAD's self-regulatory process.  In a February 15th public letter, the FTC just reported that it contacted the advertisers and got them to agree to participate in the NAD process.  We'll now have to wait to see what NAD decides.