Focus Consumer Healthcare appeals NAD decision on Pamprin Botanicals advertising claims

23 Jan 2024 --- Bayer Consumer Health has brought a case before the BBB National Programs’ National Advertising Division (NAD) regarding specific product claims made on Pamprin Botanicals dietary supplement for premenstrual syndrome (PMS) relief, which is sold and distributed by Focus Consumer Healthcare. Focus has subsequently appealed NAD’s recommendation to discontinue the claims.

The claims being recalled include all “clinically tested,” “scientifically tested,” “mood support,” “calm PMS symptoms,” “ease cramps, bloat and moodiness” and help consumers “experience a better period” claims. Express and implied ingredient claims for Ashwagandha, magnesium, vitamin B6, turmeric and chasteberry are also under evaluation.

The NAD has recommended that Focus modify its advertising to remove the “naturally good-for-you ingredients” claim because there was insufficient evidence to support it and discontinue the communication that Pamprin Botanicals’ active ingredients are all-natural.

However, the organization ruled that the name Pamprin Botanicals did not need to be modified because there was insufficient evidence of consumer confusion, nor does the company need to modify its “tried and trusted” claim. The NAD also concluded that “botanical” is not an expressly false claim.

Misleading online product tab
Bayer challenged five claims on Pamprin Botanicals’ product packaging, website and Amazon tile advertising that call out specific ingredients and its consumer benefits. The NAD found the studies submitted by Focus in support of the claims were not well-suited and recommended that Focus discontinue the following:

• “Ashwagandha — a calming influence” and the implied claim that Ashwagandha reduces PMS-related mood swings.
• “Magnesium — period pain, nope,” and that magnesium “works on period pain,” as well as the implied claim that magnesium reduces pain associated with PMS.
• “Vitamin B6 — PMS less, chill more” and the implied claim that vitamin B6 reduces all PMS symptoms, including mood swings.
• “Turmeric — cramp pain and puff” and “helps cramps and puffiness,” as well as the implied claim that turmeric reduces PMS-related pain and bloating.
• “Chasteberry — for a better period” claims and the implied claim that chasteberry reduces PMS symptoms.

In addition, the message “all the good stuff, none of the bad” — conveyed on an Amazon product tile — marketing six attributes of the products, such as gluten-free, implies that products that are not free of these features are presumed bad or unhealthy.

The advertiser recommended that Focus modify the claims to avoid conveying the message that “competing products include ingredients that are unsafe or unhealthy.” The NAD also suggested that the company change several express and implied claims that the product is natural. 

Focus is appealing the decision because it believes it is “incorrectly based on a rigid substantiation standard applicable to prescription drugs that are not and have never been the standard for dietary supplement claims.” The appeal goes via the National Advertising Review Board, the appellate-level truth-in-advertising body of BBB National Programs. 

Conclusion on clinically tested claimsThe NAD has recommended the discontinuation of several Pamprin product claims.
The advertiser relied on the results of a clinical study using Pamprin over-the-counter (OTC) products and Pamprin Botanicals to reduce the severity of common menstrual cycle symptoms to verify its “clinically tested” and health-related product performance claims. 

The NAD determined the study had several significant flaws, rendering it unreliable in providing a reasonable basis for the product’s health-related claims. It recommended that Focus discontinue all “clinically tested,” “scientifically tested,” “mood support,” “calm PMS symptoms,” “ease cramps, bloat and moodiness,” and help consumers “experience a better period” claims.

The advertiser also found that Focus did not provide reliable substantiation for its “Pamprin OTC products work together to provide superior relief for PMS symptoms” claim and recommended it be discontinued because the study did not meet the standard for competent and reliable scientific evidence.

Meanwhile, international researchers urge social media companies to implement stricter and more explicit policies regarding advertising and user-generated content for muscle-building supplements. 

By Inga de Jong