NARB Recommends Discontinuing Advertising Claims
Time 1 Minute Read

On January 27, 2016, the National Advertising Review Board (“NARB”) went after dietary supplements, recommending that Novartis Consumer Health, Inc. (“Novartis”) discontinue advertising claims that its supplement Benefiber “Helps Maintain Regularity.” The case was originally brought before the National Advertising Division (“NAD”) by a competitor claim from Proctor & Gamble Co., which argued that the fiber contained in Benefiber, wheat dextrin, is not clinically proven to promote regularity. After NAD recommended Novartis discontinue the claim, Novartis appealed to NARB, providing short descriptions of two Japanese studies on dietary fiber and health. The NARB panel found Novartis’s evidence insufficient, particularly in light of other studies done that tested wheat dextrin in doses similar to those found in Benefiber. Those previous studies showed no meaningful impact on regularity. Novartis responded to NARB’s recommendation by stating that it respectfully disagrees with the panel’s decision, but will discontinue the advertising.

You May Also Be Interested In

Time 1 Minute Read

The California Consumer Privacy Act continues to drive significant enforcement activity—particularly when minors’ data is involved. In a recent action, the California Privacy Protection Agency imposed a $1.1 million fine on youth sports platform PlayOn Sports for alleged violations involving student data and inadequate opt-out mechanisms. The case highlights growing regulatory scrutiny around how companies collect, share, and provide transparency about personal information—especially when schools and students are involved. 

Time 9 Minute Read

Since its first day in office, the current administration has taken steps to curtail the development of renewable energy, and wind energy in particular. Just over a year in, the administration’s intentions do not seem to have changed, but there are signs that legal challenges are affecting implementation of its policies toward renewable energy development.

Time 8 Minute Read

While the Trump Administration has emphasized regulatory reform and prioritized agency efficiency across the federal government, EPA continues to pursue aggressive enforcement of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). Actions taken by EPA over the first six months of President Trump’s current term demonstrate sustained FIFRA enforcement, with notably high penalty amounts being assessed, including one case resulting in a $3 million penalty. These latest enforcement trends signal that pesticide manufacturers, distributors, and sellers must remain vigilant in complying with FIFRA requirements.

Time 15 Minute Read

The Chevron doctrine – the bedrock principle of administrative law under which courts afforded deference to administrative agency interpretations in the face of statutory ambiguity – is no more.  On June 28, 2024, the U.S. Supreme Court issued a long-anticipated decision that addresses the authority of regulatory agencies to dictate policy and the extent to which courts will exercise their own judgment as to the meaning of a statute and how that may bound agency decisions. 

Search

Subscribe Arrow

Recent Posts

Categories

Tags

Authors

Archives

Jump to Page