Share on LinkedInShare on LinkedIn

ARTICLE · 16 NOVEMBER 2020

Home Use Tests: What Are The Standards?

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

Frankfurt Kurnit Klein & Selz PC

Founded more than 40 years ago as a boutique law firm servicing the entertainment and arts...

View firm profile
Explore more from Frankfurt Kurnit Klein & Selz PC

Advantice and Arcadia are at it again. After engaging in battle at NAD over Arcadia's anti-fungal products for athlete's foot treatment, the two companies went back to NAD over Advantice's...

United StatesMedia, Telecoms, IT, Entertainment

Advantice and Arcadia are at it again.  After engaging in battle at NAD over Arcadia's anti-fungal products for athlete's foot treatment, the two companies went back to NAD over Advantice's Kerasal Fungal Nail Renewal, an OTC product that the advertiser touted as improving the appearance of nails damaged by nail fungus. At issue were a variety of claims and whether Advantice's substantiation provided a reasonable basis for them.  NAD also examined the advertiser's product demonstrations.  This post will focus on the issues relating to advertiser's home use test (HUT).

In support of its claims of improvement in two days, the advertiser submitted the results of the HUT it conducted in which panelists applied the product on their own in accordance with the directions provided by the advertiser.  NAD initially noted that "a properly conducted consumer use survey requires certain standards and controls to ensure that the responses are free from bias (e.g., blinding,

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

www.fkks.com

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.

See more popular content from