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Stemulite Marketer Learns NAD Expects Prompt Replies

This article was originally published in The Tan Sheet

Executive Summary

Stemulite fitness dietary supplements marketer Metabolic Research Inc. finds that failing to reply promptly to a National Advertising Division inquiry can get a firm tossed from the self-regulatory frying pan into the FTC fire

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NAD tells Metabolic Research to drop claims

Metabolic Research disagrees with the National Advertising Division's recommendations to discontinue claims that people who take Stemulite experience "deep REM sleep, Increased Muscle Gain and Endurance, Increased Wellness and Energy." The firm said data in the New England Journal of Medicine and "similar resources" supports the claims. It added it "retained counsel to further review" claim documentation and has "every intention" of complying. NAD said a 17-person, 30-day study Metabolic Research submitted did not support the claims because it was too small, subjective and not placebo-controlled. The two got off to a rocky start when NAD attempted to contact the firm via a former employee at an incorrect address. The resulting delay did not give the firm enough time to response to NAD's request, the firm said. This prompted NAD to refer the case to the Federal Trade Commission (1"The Tan Sheet" Sept. 7, 2009). NAD reopened the case after the advertiser said it would participate

NAD tells Metabolic Research to drop claims

Metabolic Research disagrees with the National Advertising Division's recommendations to discontinue claims that people who take Stemulite experience "deep REM sleep, Increased Muscle Gain and Endurance, Increased Wellness and Energy." The firm said data in the New England Journal of Medicine and "similar resources" supports the claims. It added it "retained counsel to further review" claim documentation and has "every intention" of complying. NAD said a 17-person, 30-day study Metabolic Research submitted did not support the claims because it was too small, subjective and not placebo-controlled. The two got off to a rocky start when NAD attempted to contact the firm via a former employee at an incorrect address. The resulting delay did not give the firm enough time to response to NAD's request, the firm said. This prompted NAD to refer the case to the Federal Trade Commission (1"The Tan Sheet" Sept. 7, 2009). NAD reopened the case after the advertiser said it would participate

NAD tells Metabolic Research to drop claims

Metabolic Research disagrees with the National Advertising Division's recommendations to discontinue claims that people who take Stemulite experience "deep REM sleep, Increased Muscle Gain and Endurance, Increased Wellness and Energy." The firm said data in the New England Journal of Medicine and "similar resources" supports the claims. It added it "retained counsel to further review" claim documentation and has "every intention" of complying. NAD said a 17-person, 30-day study Metabolic Research submitted did not support the claims because it was too small, subjective and not placebo-controlled. The two got off to a rocky start when NAD attempted to contact the firm via a former employee at an incorrect address. The resulting delay did not give the firm enough time to response to NAD's request, the firm said. This prompted NAD to refer the case to the Federal Trade Commission (1"The Tan Sheet" Sept. 7, 2009). NAD reopened the case after the advertiser said it would participate

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