New York, NY – May 28, 2019 – The National Advertising Division has recommended that ENERGYbits Inc. discontinue online advertising claims for the company’s ENERGYbits Spirulina Algae, a single ingredient food product consisting entirely of spirulina algae. The advertiser has said it will appeal NAD’s findings to the National Advertising Review Board.
NAD is an investigative unit of the advertising industry’s system of self-regulation and is administered by the Council of Better Business Bureaus.
As part of NAD’s routine monitoring program, NAD requested substantiation for the following claims:
- “Helps improve mental focus.”
- “Helps reduce brain fog.”
- “Helps improve skin, hair, nails, bones and eye health.”
- “Helps improve mood.”
NAD also requested substantiation for the implied claim that ENERGYbits aid in cancer prevention.
NAD considered whether ENERGYbits’ health claims – that ENERGYbits Spirulina Algae product can help improve mental focus and mood, reduce brain fog, as well as improve skin, hair, nails, bones and eye health – were supported by competent and reliable scientific evidence. In support of its claims, the advertiser relied mainly on third-party literature and studies on the components and nutrients found in algae rather than direct testing of the ENERGYbits product itself. NAD noted that testing results on a particular product component or ingredient are generally insufficient to provide a reasonable basis for an advertiser to extrapolate the results of that testing to support claims for its own product. The advertiser also relied on certain third-party clinical studies which fell short of the competent and reliable standard for various reasons, including for example, testing on animals, in vitro testing, investigation of a different type of algae than the one found in ENERGYbits, or the studies were simply not a good fit for the advertiser’s claims because they did not measure objectives related to the performance attributes advertised.
After careful review of this evidence, NAD determined that the claim “Helps Improve Mood” was not supported and recommended it be discontinued. NAD also determined that the advertiser did not provide a reasonable basis for the claims “Helps Improve Mental Focus,” and “Helps Reduce Brain Fog” and recommended that they be discontinued. Further, NAD recommended that the advertiser discontinue the claim, “Helps improves skin, hair, nails, bones and eye health.”
NAD also found that several blog entries on the ENERGYbits website and in the “About Us” section of the website expressly and impliedly communicate to consumers that ENERGYbits has been shown to prevent or cure cancer in humans – a strong and serious message aimed at a vulnerable audience. NAD found the advertiser’s evidence insufficient to support claims about the anti-cancer benefit of ENERGYbits and recommended that they be discontinued or modified to avoid conveying the unsupported message that ENERGYbits can aid in curing or preventing cancer.
Finally, with regard to the advertiser’s environmental benefit claim, NAD determined that one message reasonably conveyed is that the production of ENERGYbits is beneficial to the environment because it specifically – rather than algae in general – creates enough oxygen to repair the ozone layer, an unsupported claim. Although NAD noted that the third-party literature provided by the advertiser suggests some potential environmental benefits may be derived from algae production, many of these are currently theoretical. Consequently, NAD recommended that the advertiser discontinue the claim “And not only are they great for you, they are great for the environment too because they throw off more oxygen into the air as they grow than the entire Amazon Rainforest. Want to repair the ozone layer? Eat our algae tabs!”
In its advertiser’s statement, ENERGYbits stated that it will appeal the decision because it “believes that NAD has either misunderstood or ignored the large amount of scientific evidence provided by the advertiser that supports the advertiser’s claims about the benefits of algae, much of which was based on human trials.” However, ENERGYbits stated that it will comply with NAD’s recommendations that it discontinue or modify claims about the anti-cancer benefits of ENERGYbits.
Note: A recommendation by NAD to modify or discontinue a claim is not a finding of wrongdoing and an advertiser’s voluntary discontinuance or modification of claims should not be construed as an admission of impropriety. It is the policy of NAD not to endorse any company, product, or service. Decisions finding that advertising claims have been substantiated should not be construed as endorsements.