Hunton Retail Law Resource

This past week, several self-regulatory consumer actions made headlines that affect the retail industry.

VitaPulse Modifies Ad Practices after NAD Review

Princeton Nutrients LLC, the maker of the dietary supplement, VitaPulse, has agreed to modify its advertising practices following an investigation by the National Advertising Division (“NAD”). The NAD investigated claims that the product reduces cholesterol, lowers blood pressure and increases energy, as well as the company’s use of online reviews and testimonials. As a result, Princeton Nutrients elected to permanently discontinue its health claims rather than provide NAD with supportive substantiation.

With respect to online reviews, the company agreed to allow consumers to see and read all customer reviews, regardless of rating, dropping its prior practice of showing only selected high reviews that were hand-picked by the company. Princeton Nutrients also agreed to discontinue display of customer testimonials claiming significant health benefits.

The Honest Company Discontinues Diaper  Claims

Following a NAD challenge, The Honest Company agreed to discontinue claims that its diapers and wipes provide superior or exceptional absorbency. The company also agreed to discontinue the use of consumer testimonials that imply comparative safety or performance versus other brands of diapers or wipes.

The NAD did determine that The Honest Company could support the claim that its diapers are “super absorbent” based on evidence comparing its diapers to those of Huggies. The NAD also determined that using the general terms “ultra-soft,” “ultra-thick” and “all-natural hypoallergenic baby wipes are unbeatable,” constituted nonactionable puffery.