How Does the National Advertising Division Monitor False Labels on Multivitamins?

Labels on multivitamins and other supplements are governed by the National Advertising Division, an agency that ensures truth in advertising and works to prevent companies from making false claims.

What Is the National Advertising Division (NAD)?

The National Advertising Division (NAD) is part of the Council of the Better Business Bureau (BBB). The Better Business Bureau is a non-profit organization that sets standards for how businesses should act in order to earn and keep the trust of the public. The BBB reviews businesses and assigns them a rating based on their marketplace behavior, treatment of consumers, truth in advertising, and transparency. The National Advertising Division’s purpose is to evaluate the truth and accuracy of advertising in order to ensure that no false claims are being made by companies about their products or services, and by doing so, to increase the public’s trust in advertising.

The types of advertising covered by the National Advertising Division may include television, newspaper, radio, magazine, and online ads. While the NAD initiates reviews of these ads, consumers who suspect an advertisement may be making false claims are encouraged to report these ads to the division.

National Advertising Division Regulations

The National Advertising Division is responsible for regulating many facets of advertising. In addition to investigating consumer complaints about potentially deceptive ads, the NAD also evaluates advertisements that are directed towards children and helps competing advertisers resolve marketing disputes. NAD investigates approximately 150 cases of potential deceptive advertising each year and publicly releases its decisions in these cases. These cases are also used as precedent for determining the decision on future cases.

There are many kinds of false advertising claims that may be covered by the NAD. The organization may review any claim made about a product, including claims regarding the product’s performance or technical capabilities, as well as claims about the science behind how a product works. The NAD may also review claims regarding a product’s “greenness” or environmental impact, claims about a product’s relation to weight loss, or health and safety claims. Additionally, the NAD regulates how a company may use testimonials from real consumers or paid actors to promote a product.

What Were the Church and Dwight Label Claims?

Church and Dwight is an American manufacturer that makes household products as well as supplements and multivitamins. According to at least one class action lawsuit, as well as a recommendation from the NAD, Church and Dwight may be making false claims regarding some of their products.

Church and Dwight has been accused of making deceptive claims about several varieties of the company’s multivitamins, including L’il Critters Multivitamins, Vitafusion Women’s Complete Multivitamins, and Vitafusion Men’s Complete Multivitamins. According to the NAD, the labels of these products contain claims of “clinically proven absorption” of the vitamins and nutrients. According to the NAD, this “clinically proven absorption” claim only applies to vitamins C and D3, and not to the other nutrients included in the multivitamins. However, due to the way the claim is made, consumers might reasonably assume that all of the nutrients contained in these vitamins have been tested for their absorption. The disclosure indicating that only two vitamins are covered by the claim is not clear or conspicuous enough to meet the NAD’s requirements.

Additionally, the claim contains a scientific claim. In order to say that the nutrients have been clinically proven to be absorbed, Church and Dwight must be able to back up these claims with tests and research. Although the company submitted several clinical studies regarding the absorption of vitamins C and D3, the dosages tested in these studies were significantly different than the dosages in the actual supplements.

Additionally, the labels on these vitamins claim that the multivitamins are “complete.” However, according to a class action lawsuit filed against the company, the multivitamins lack at least three essential vitamins that are necessary for human health. Therefore, the consumers claim that by advertising these multivitamins as “complete,” Church and Dwight is in violation of the NAD.

According to NAD, the provided evidence does not back up the claims of absorption related to the actual product. Based on their assessment that the company has not adequately disclosed that the absorption claim was only tested on some of the nutrients in the vitamins, the NAD has recommended that the company remove this claim from their advertising and labeling. Additionally, the NAD reported that Church and Dwight failed to demonstrate the meaningfulness of the absorption claim, and how the rate of absorption is helpful for consumers.

How Has Church and Dwight Responded to NAD’s Recommendation?

Church and Dwight disagrees, stating that there is no set amount of absorption of these vitamins that qualify as clinically meaningful. Pharmavite, another company that produces vitamins and supplements, has also challenged the NAD by saying that the claim of absorption merely states that these vitamins are absorbed, and does not make an assertion about the levels of absorption.

How to File a Complaint With the National Advertising Division

If you believe that a company is making false claims about a product, you may be able to file a complaint with the National Advertising Division. Consumers can open a claim with the NAD by mailing their written complaint detailing the potential false claims to the organization’s office in New York. Consumers are encouraged to include originals or photocopies of print ads, or a thorough description of radio or television ads, as well as including details of where and when the advertisement aired. If the challenge is made by a competitor or business, rather than an individual consumer, they may be required to send a check to the NAD to cover some of the administrative costs of investigating the claim.

Additionally, some consumers may be eligible to hire a class action attorney to review their case. If the claim is one that may have affected many consumers, it may qualify for a class action lawsuit. Class action lawsuits may not only be a way to recover compensation for consumers who may have been harmed by false advertising claims, but may also be a way to stop a company from continuing to make false claims.

Join a Free Vitafusion & Li’l Critters Multivitamins Class Action Lawsuit Investigation

If you purchased Church & Dwight’s Li’l Critters Multivitamins, Vitafusion Women’s Complete Multivitamins, or Vitafusion Men’s Complete Multivitamins and did so in reliance on claims that the products were “complete” or contained “essential” nutrients, you may qualify to join this false advertising class action lawsuit investigation.

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This article is not legal advice. It is presented
for informational purposes only.