Hunton Retail Law Resource

On January 27, 2016, the National Advertising Review Board (“NARB”) went after dietary supplements, recommending that Novartis Consumer Health, Inc. (“Novartis”) discontinue advertising claims that its supplement Benefiber “Helps Maintain Regularity.” The case was originally brought before the National Advertising Division (“NAD”) by a competitor claim from Proctor & Gamble Co., which argued that the fiber contained in Benefiber, wheat dextrin, is not clinically proven to promote regularity. After NAD recommended Novartis discontinue the claim, Novartis appealed to NARB, providing short descriptions of two Japanese studies on dietary fiber and health. The NARB panel found Novartis’s evidence insufficient, particularly in light of other studies done that tested wheat dextrin in doses similar to those found in Benefiber. Those previous studies showed no meaningful impact on regularity. Novartis responded to NARB’s recommendation by stating that it respectfully disagrees with the panel’s decision, but will discontinue the advertising.