August 26, 2009
NEW YORKThe National Advertising Division (NAD) of the Council of Better Business Bureaus (BBB) referred advertising for Stemulite to FDA and FTC after Metabolic Research Inc., the company marketing the dietary supplement, refused to participate in an NAD review of the products advertising.
NAD requested supporting evidence for advertising claims that Stemulite could increase REM sleep, muscle gain, weight loss and fat loss, and achieve peak athletic performance naturally. Certain consumer testimonials on the Stemulite Web site also were cited as possible points of concern. After giving Metabolic Research an extension to file a response, the company failed to do so, and let NAD know it would be conducting a study in the future and would participate when the study was completed.
In its release, NAD noted it is a well-settled principle of advertising law that an advertiser must possess adequate substantiation before it publishes advertising claims. NADs procedures provide that if an advertiser does not participate in the process, NAD may refer the advertising at issue to the appropriate government agency for further review.
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