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March 25, 2008
NEW YORKThe National Advertising Review Board (NARB), the appeal unit of the National Advertising Division (NAD) of the Council of Better Business Bureaus, issued a final report on a monitoring case involving Rexall Sundown Inc. NAD questioned several claims made in advertising and marketing for Rexalls Osteo Bi-Flex dietary supplement.
In the original case, NAD found Rexall had substantiation for its claims or Rexall accepted certain recommendations for modification. However, NAD made two recommendations that Rexall appealed to NARB; the claims concerned the use of the descriptors Double Strength and Triple Strength on product packaging, and claims regarding the concentration level of the patented Boswellia serrata extract, 5-LOXIN®.
Regarding the Double Strength and Triple Strength descriptors, Rexall argued the description was in reference to levels of key ingredients in individual caplets and did not imply greater efficacy. In fact, the packaging states consumers should take six capsules daily of the regular strength product, three for the Double Strength and two for the Triple Strength, each delivering a daily intake of 1,500 mg glucosamine and 1,200 mg chondroitin. The NARB recommended Rexall use qualifications when using the Double Strength and Triple Strength descriptors to indicate the terms refer to levels of key ingredients and/or number of caplets.
As to the Boswellia claim, which stated the 5-LOXIN ingredient was 10 times more concentrated than other Boswellia extracts, NAD argued the claim, as it was presented with a discussion of 5-LOXINs joint health benefits, would be interpreted that the presence of 5-LOXIN would provide greater performance benefits. In its appellate decision, NARB recommended Rexall amend its claims about 5-LOXINs concentration level to ensure consumers would not take the claim to mean the increased concentration results in increased efficacy.
In an advertiser statement, Rexall noted it was pleased with NARBs decision that the claims at issue could be used with appropriate disclosures and qualifications, and said it would take the NARB recommendations into account in future advertising.
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