{"id":1464,"date":"2009-04-14T04:19:42","date_gmt":"2009-04-14T02:19:42","guid":{"rendered":"http:\/\/blog.ultimatefatburner.com\/?p=1464"},"modified":"2015-12-03T11:16:27","modified_gmt":"2015-12-03T16:16:27","slug":"toothless-measures","status":"publish","type":"post","link":"https:\/\/www.ultimatefatburner.com\/ufb-blog\/toothless-measures\/","title":{"rendered":"Toothless Measures"},"content":{"rendered":"<p>I&#8217;ve discussed regulatory issues briefly before, although I might as well put my own feelings out here, for the record:<\/p>\n<ol>\n<li>I am firmly against regulatory measures that would\u00a0pull supplement compounds\u00a0off the market until they can pass through some sort of draconian, bureaucratic testing\/review process to\u00a0prove\u00a0they&#8217;re 1,000,000.995% safe and wholesome.<\/li>\n<li>I am, however, perfectly amenable to\u00a0holding manufacturers\/retailers accountable for false or misleading claims about their products.\u00a0 This shouldn&#8217;t require any new regs, however &#8211; just better funding and enforcement of existing ones.<\/li>\n<\/ol>\n<p>This is why I often groan and roll my eyes when various self-appointed consumer advocates whinge about how DSHEA should be repealed and the FDA unshackled.\u00a0\u00a0And it&#8217;s also why I\u00a0wave my pom-pons and cheer wildly when the\u00a0<a href=\"http:\/\/west.supplysideshow.com\/\" target=\"_blank\" rel=\"noopener\">Feds finally crack down on companies like Berkeley Premium Nutraceuticals<\/a>.\u00a0<\/p>\n<p><!--more-->It&#8217;s\u00a0pretty\u00a0simple, really&#8230;I like having choices and\u00a0can&#8217;t stand\u00a0con artists.\u00a0\u00a0There are a lot of interesting supps out there, and I&#8217;m perfectly capable of evaluating the evidence.\u00a0 Thus, it&#8217;s only natural that &#8211;\u00a0for all its faults\u00a0&#8211; I&#8217;m a strong supporter of the supplement industry, in principle.<\/p>\n<p>Nonetheless,\u00a0the industry often drives me up the wall&#8230;\u00a0it&#8217;s like it\u00a0has\u00a0a death wish&#8230;the powers-that-be\u00a0piously look the other way while bad actors (like Berkeley) make outlandish claims and rip off consumers, then act shocked &#8211; SHOCKED, I tell you\u00a0&#8211;\u00a0when the\u00a0fallout inevitably lands on the industry as a whole.<\/p>\n<p>Thus, my spirits were buoyed&#8230;at least briefly, <a href=\"http:\/\/www.naturalproductsinsider.com\/news\/2009\/04\/nad-narcs-out-fucopure-to-ftc.aspx\" target=\"_blank\" rel=\"noopener\">by this industry news item&#8230;<\/a><\/p>\n<blockquote><p><strong>NAD \u2018NARC\u2019s out FucoPure to FTC<\/strong><\/p>\n<p>04\/07\/2009<br \/>\nNEW YORK\u2014The National Advertising Division (NAD) of the Council of Better Business Bureaus (BBB) is referring advertising for the nutritional ingredient FucoPure, from Elmwood Park, N.J.-based Nutraceuticals International, to FTC for review. Under its National Advertising Review Council (NARC) terms, NAD had asked the company for substantiation of certain claims for its product following a challenge to its advertising filed by Morristown, N.J.-based P.L. Thomas. Nutraceuticals International responded to NAD and received an extension to submit its substantiation, but did not submit by that deadline and has not participated further in the review process.<\/p>\n<p>Claims at issue for FucoPure concerned its positioning as a clinically substantiated weight loss ingredient, as well as superiority and exclusivity claims for the fucoxanthin extract. NAD sought additional substantiation for disease claims related to combating obesity, hyperlipidemia and type II diabetes.<\/p><\/blockquote>\n<p>Initially, I thought this was pretty cool, and went over to <a href=\"http:\/\/www.asrcreviews.org\/\" target=\"_blank\" rel=\"noopener\">www.nadreview.org<\/a> to see what these guys were all about.\u00a0 This is what I found:<\/p>\n<blockquote>\n<p class=\"labelTextBlue\">As we enter the Information Age, it becomes more and more difficult to monitor the message content of advertisements. Businesses are encouraged to use the NAD to voice their concerns about potentially misleading national advertising claims.<\/p>\n<p class=\"labelTextBlue\"><strong>NAD reviews only national advertisements &#8212; those ads disseminated on a nationwide or broadly regional basis.<\/strong> The advertising may be placed on broadcast or cable television, in radio, magazines and newspapers, on the Internet or commercial on-line services, or provided direct to the home or office. Product performance claims, superiority claims against competitive products and all kinds of scientific and technical claims in national advertising are the types of cases accepted by the NAD.<\/p>\n<\/blockquote>\n<p class=\"labelTextBlue\">So far, so good&#8230;\u00a0NAD provides a private alternative to litigation on advertising claims.\u00a0\u00a0No, it&#8217;s\u00a0not exclusive to the supp industry,\u00a0but that&#8217;s just a detail&#8230;it certainly applies to it.\u00a0 And\u00a0the NAD\u00a0really\u00a0did <a href=\"http:\/\/www.asrcreviews.org\/2009\/04\/nad-refers-advertising-for-nutraceuticals-internationals-fucopure-to-ftc\/\" target=\"_blank\" rel=\"noopener\">refer the FucoPure folks to the FTC<\/a>\u00a0after they tried to stonewall a complaint investigation.\u00a0<\/p>\n<p class=\"labelTextBlue\">I was prepared to be impressed&#8230;<\/p>\n<p class=\"labelTextBlue\">Until\u00a0I started looking at some of the\u00a0resolved cases, like a complaint about\u00a0the advertising for Schiff Nutrition Group&#8217;s Mega Red Omega-3 Krill Oil.<\/p>\n<blockquote>\n<p class=\"labelTextBlue\">NAD recommended the advertiser discontinue claims that include \u201cbetter, faster and more powerful than fish oil,\u201d \u201c3x better than fish oil for supporting cardiovascular health,\u201d \u201cMegaRed omega-3s are several times stronger than larger amounts of fish oil omega-3s,\u201d and \u201cSuperior nutritional support when compared to the very best fish oils.\u201d<\/p>\n<p class=\"labelTextBlue\">Further, because there is no established dosage that is optimal for supporting cardiovascular health, and because all of the studies presented as evidence tested different amounts of oils, NAD recommended that the advertiser discontinue the claim that \u201cjust One MegaRed\u2122 softgel = three fish oil softgels for supporting Cardiovascular Health.\u201d<\/p>\n<p class=\"labelTextBlue\">&#8230;Schiff Nutrition Group, in its advertiser\u2019s statement, said that the company appreciated the opportunity to participate in the self-regulatory process \u201cand thanks NAD for its consideration of this matter.\u201d<\/p>\n<p class=\"labelTextBlue\"><strong>While the company \u201crespectfully disagrees with certain aspects of the NAD&#8217;s decision, it will nevertheless take into account NAD\u2019s comments and recommendations in its future advertising.\u201d<\/strong><\/p>\n<\/blockquote>\n<p class=\"labelTextBlue\">Uh-huh&#8230;looks to me like Schiff told\u00a0NAD to go p*ss up a rope.\u00a0 Respectfully, of course.\u00a0 And &#8211; apparently &#8211; NAD is perfectly ok with that.\u00a0 Schiff participated in the process and agreed to think about it&#8230;so everything&#8217;s copacetic.<\/p>\n<p class=\"labelTextBlue\">Other disputes were like this too.\u00a0\u00a0What this tells me is that\u00a0NAD has\u00a0little influence\u00a0w\/respect to compliance with its recommendations.\u00a0 Agreeing to cooperate with an investigation\u00a0doesn&#8217;t mean a company needs to\u00a0follow through\u00a0and make\u00a0the suggested changes&#8230;which makes the\u00a0process pretty toothless, if you ask me.\u00a0 If they do, great &#8211; and if they don&#8217;t&#8230;well, whatever.<\/p>\n<p class=\"labelTextBlue\">As a whole, the supp industry\u00a0is making some half-hearted attempts at self-regulation, but it sure isn&#8217;t apparent from my vantage point:\u00a0\u00a0many retailers\u00a0still feel\u00a0perfectly free to make all kinds of misleading and poorly unsupported claims in ads for their products.\u00a0 Thus, half-assed &#8220;voluntary&#8221; processes like this one aren&#8217;t likely to be very helpful.\u00a0 In my opinion, the industry could do itself a great big favor by setting &#8211; and ENFORCING &#8211;\u00a0better advertising\u00a0standards to help consumers evaluate claims&#8230;and to help regulators focus on the bad actors, vs. the industry as a whole.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>I&#8217;ve discussed regulatory issues briefly before, although I might as well put my own feelings out here, for the record: I am firmly against regulatory measures that would\u00a0pull [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":[],"categories":[3,17,28],"tags":[1846,1578],"_links":{"self":[{"href":"https:\/\/www.ultimatefatburner.com\/ufb-blog\/wp-json\/wp\/v2\/posts\/1464"}],"collection":[{"href":"https:\/\/www.ultimatefatburner.com\/ufb-blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.ultimatefatburner.com\/ufb-blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.ultimatefatburner.com\/ufb-blog\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.ultimatefatburner.com\/ufb-blog\/wp-json\/wp\/v2\/comments?post=1464"}],"version-history":[{"count":5,"href":"https:\/\/www.ultimatefatburner.com\/ufb-blog\/wp-json\/wp\/v2\/posts\/1464\/revisions"}],"predecessor-version":[{"id":10246,"href":"https:\/\/www.ultimatefatburner.com\/ufb-blog\/wp-json\/wp\/v2\/posts\/1464\/revisions\/10246"}],"wp:attachment":[{"href":"https:\/\/www.ultimatefatburner.com\/ufb-blog\/wp-json\/wp\/v2\/media?parent=1464"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.ultimatefatburner.com\/ufb-blog\/wp-json\/wp\/v2\/categories?post=1464"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.ultimatefatburner.com\/ufb-blog\/wp-json\/wp\/v2\/tags?post=1464"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}