Arcadia Consumer Healthcare Violates National Advertising Division Procedures
New York, NY – November 30, 2020 - The National Advertising Division (NAD) of BBB National Programs determined that Arcadia Consumer Healthcare (Arcadia) violated Section I2(b) of the Procedures for the U.S. advertising industry’s process of self-regulation by using the outcome of an NAD case for promotional purposes.
The advertising claims at issue in the case were challenged by Arcadia.
The Procedures specifically state that “[b]y participating in an NAD or NARB proceeding, the parties agree…not to mischaracterize any decision issued or use and/or disseminate such decision for advertising and/or promotional purposes.”
In violation of this agreement, a senior Arcadia sales representative contacted retailers regarding the outcome of the recent NAD case and provided information, including graphics, detailing NAD’s recommendations on challenged claims. NAD determined this was promotional use of the decision.
“Voluntary self-regulation of the advertising industry is a process that requires fair dealing on the part of both parties and an adherence to both the letter and spirit of the process,” said Laura Brett, vice president, NAD and New York office lead for BBB National Programs. “We are disappointed that it is necessary to issue a corrective press release for this clear and egregious violation of our procedures.”
In the underlying case, Arcadia had challenged certain advertising claims made by Advantice Health, LLC for its Kerasal Fungal Nail Renewal product. As a result of Arcadia’s actions, NAD exercised its procedural right to refuse to continue its handling of the case. Therefore, NAD closed the underlying challenge and re-opened it as a monitoring case, removing Arcadia as a party to the challenge.
The advertising claims at issue in the case were challenged by Arcadia.
The Procedures specifically state that “[b]y participating in an NAD or NARB proceeding, the parties agree…not to mischaracterize any decision issued or use and/or disseminate such decision for advertising and/or promotional purposes.”
In violation of this agreement, a senior Arcadia sales representative contacted retailers regarding the outcome of the recent NAD case and provided information, including graphics, detailing NAD’s recommendations on challenged claims. NAD determined this was promotional use of the decision.
“Voluntary self-regulation of the advertising industry is a process that requires fair dealing on the part of both parties and an adherence to both the letter and spirit of the process,” said Laura Brett, vice president, NAD and New York office lead for BBB National Programs. “We are disappointed that it is necessary to issue a corrective press release for this clear and egregious violation of our procedures.”
In the underlying case, Arcadia had challenged certain advertising claims made by Advantice Health, LLC for its Kerasal Fungal Nail Renewal product. As a result of Arcadia’s actions, NAD exercised its procedural right to refuse to continue its handling of the case. Therefore, NAD closed the underlying challenge and re-opened it as a monitoring case, removing Arcadia as a party to the challenge.