Partner Pooja Nair Quoted on Health Claim Standards When Advertising to the Reasonable Consumer

Pooja S. Nair, Chair of ECJ’s Food, Beverage and Hospitality Department, was quoted in the March 25, 2021 NutraIngredients-USA article, "NAD Recommends Goli Modify, Discontinue Health Claims.”

The article describes the National Advertising Division (NAD) of the BBB National Program's recommendation to Goli Nutrition Inc. that it amend its current marketing message, which states that their Apple Cider Vinegar Gummies include “Vitamin B12 to help support energy production.” Of note is that this claim does not specify that it’s referencing cellular energy.

Pooja discusses that the NAD’s standards for advertising is based on the impressions of the reasonable consumer. In this case, “claims that ‘Vitamin B12 to support energy production’ could be construed by the reasonable consumer to suggest that consuming the product would make them feel more energized, even though the evidence presented was about cellular energy.”

The article continues with a look into other questionable claims made about this product, as well as some key takeaways from this decision. Goli, while disagreeing with the findings, ultimately decided to comply and adjust its claims.

Read the full article for more of Pooja’s analysis of this decision.

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