Nature’s Way succeeds in advertising challenge on understrength elderberry products


Supplement marketer Dakota Nutrition’s claims for the elderberry content of its products were challenged by Nature’s Way in a National Advertising Division proceeding. NAD ruled on claims relating to three products: Extra Strength Elderberry 3-in-1 Immune Booster Capsules, Extra Strength Elderberry Gummies, and Immune Defense 7-in-1 Immune Booster Capsules.

NAD: Drop claims, change names

NAD recommended that the advertiser discontinues the challenged claims, which included:

  • “elderberry capsules”
  • “elderberry gummies”
  • “black elderberry extract (150 mg)”
  • “150 mg elderberry per serving”
  • “150 mg of Black Elderberry”
  • “150 mg of Sambucus Nigra Extract”
  • “elderberries are very high in antioxidants”
  • “extra strength antioxidant”
  • Elderberries are present in Dakota Nutrition’s products at advertised dosages.

The NAD also ruled that the word “elderberry” should be dropped from the Elderberry Capsules and Elderberry Gummies product names. NAD said that this is an express claim that the products contain meaningful amounts of the named ingredient. However, the advertiser’s evidence did not provide a reasonable basis for claims related to the presence of elderberry in these products.

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