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PatentHEALTH appeals NAD decision

This article was originally published in The Tan Sheet

Executive Summary

The Canton, Ohio-based firm appeals the National Advertising Division's recommendation to discontinue claims that the Trigosamine Fast Acting joint-health supplement provides "rapid relief." The study PatentHEALTH relies on to make the claims found participants walked farther after taking Trigosamine FA for three days than those taking a placebo. The advertising watchdog said the study was insufficient evidence. PatentHEALTH agreed to discontinue the claim, but will appeal NAD's interpretation of the study to CBBB's National Advertising Review Board. It also will appeal NAD's recommendation to make advertorials look more like ads and less like news articles. NAD recommended the firm not compare its supplement to a competing product based on study-to-study comparisons because there are too many uncontrolled variables between the studies, according to a July 9 NAD report. Nutramax Laboratories challenged PatentHEALTH's claim, NAD said

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NARB panel confirms recommendations to PatentHEALTH

The National Advertising Review Board agrees with earlier recommendations by the National Advertising Division that PatentHEALTH discontinue claims that Trigosamine Fast Acting joint health supplement "works" or "gets results" in three days. The claims in question were not supported by a randomized, double-blind, placebo-controlled study submitted by the Canton, Ohio-based firm, the Council of Better Business Bureaus panel reaffirms in a review of an appeal by PatentHEALTH. Additionally, the board sided with NAD that an advertorial for the product reasonably could be perceived by consumers to be a news story. Therefore, the panel recommended the firm discontinue any ads "not clearly and conspicuously identified as an advertisement." PatentHEALTH, which appealed NAD's decision last summer, says it will give "due consideration" to the panel's recommendations (1"The Tan Sheet" July 13, 2009)

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