Hunton Retail Law Resource

In response to an investigation by the National Advertising Division (“NAD”), Silver Star Brands will discontinue its “JuniorSlim” dietary supplement. JuniorSlim is a weight-loss product marketed toward children. In conjunction with the Council for Responsible Nutrition, which is designed to expand NAD’s review of advertising claims for dietary supplements, NAD requested substantiation for several claims—both explicit and implicit—on Silver Star’s website.

Explicit claims include:

• “100% safe, non-addictive natural herbal remedy”
• “More potent, easily ingested remedy that is easy for the body to absorb”
• “Addresses the tendency to comfort eat”
• “Supports healthy metabolism”
• “Supports the digestive system by maintaining the natural breakdown of fats”

Implicit claims (i.e., not literal phrases, but meanings implied when viewing the advertisements in their totality), include:

• JuniorSlim will help a child not be overweight.
• JuniorSlim will help a child be healthy.
• JuniorSlim will help a child have more energy.

Although the NAD is a voluntary regulatory body with no legal authority, the standards and methods by which it investigates are similar to those of the Federal Trade Commission. Consequently, companies under NAD investigation often elect to modify or discontinue advertisements that may be deemed to lack adequate substantiation.