Nutrafol Hair Growth Ads Trigger TINA.org Complaint To Federal Agencies
Ad watchdog group Truth in Advertising, Inc. filed a complaint with the US FDA and FTC over Nutrafol hair growth supplement representations that the organization says are unapproved drug claims and/or don’t meet FTC standards for adequate substantiation, as well as alleged deceptive negative option practices.
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Agency sends flares across wide field of advertisers illuminating the need for marketers to substantiate health claims. Reminder made brighter noting penalties of up to $50,120 per violation.
The FTC published a notice of proposed rulemaking on 23 March to update its 1973 Negative Option Rule, which has become obsolete vis-à-vis new marketing strategies in today’s digital world. Proposed amendments would clarify, expand and consolidate negative option-related provisions currently dispersed across different FTC laws and regulations.
The updated and expanded guidance embodies the US Federal Trade Commission’s enforcement approach for more than a decade, identifying randomized clinical trials as the competent and reliable scientific evidence needed to back health-related claims. Attorneys from Kelley Drye & Warren, Lathrop GMP and Amin Talati Wasserman weigh in.