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Salonpas Ad Claims Pass FTC Test After Firm Refuses NAD Review

 
• By Elizabeth Crawford

NAD cases do not go to FTC with a guarantee of enforcement, but firms should not ignore NAD requests for substantiation. FTC declined to enforce against Hisamitsu’s claims for Salonpas OTC pain relief patches after the firm declined to provide information for a NAD review prompted by a Pfizer challenge.

OTC drug and nutritional product firms should not see an invitation to ignore the National Advertising Division without consequences in the Federal Trade Commission decision not to enforce against Hisamitsu Pharmaceutical Co. Inc. after NAD referred the firm’s Salonpas advertising to the agency.

“Firms should not blow off the” Council of Better Business Bureau’s NAD “because it is an invitation for the FTC to look at your advertising,” which can be more risky than participating in the industry-funded self-regulatory forum,

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