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ARTICLE · 05 DECEMBER 2018

Here Comes The Sun!

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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The National Advertising Division (NAD) has issued two decisions recently concerning advertising for dietary supplements that purport to provide skin protection benefits against the sun.

United StatesMedia, Telecoms, IT, Entertainment

The National Advertising Division (NAD) has issued two decisions recently concerning advertising for dietary supplements that purport to provide skin protection benefits against the sun.  The two supplement makers involved are Dermatology Industry and Novahue LLC.  In both cases, NAD determined that the advertisers lacked the substantiation necessary to support the advertiser's strong sun protection claims.  

In the Novahue case, to support its claims, Novahue relied upon clinical testing on the ingredients in its product and in vitro and human clinical product testing using the Novahue product as formulated for sale to consumers.  However, when NAD reviewed the ingredient trials, it determined that none examined the efficacy of Novahue's proprietary formula.  In considering Novahue's in vitro testing, NAD found that the advertiser made no showing that the study was considered an acceptable substitute for human research and, as such it could not support the

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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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