NAD Issues Latest Decision In Fungal Nail Brands’ Claims Feud
Three years ago, the Kerasal fungal nail brand brought a challenge to the National Advertising Division that decimated claims for competing Fungi-Nail products and got federal agencies involved. The shoe is now on the other foot, as the NAD agrees with Fungi-Nail that a slew of Kerasal claims should be discontinued.
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Arcadia prohibited from arguing against Advantice’s appeal of National Advertising Division decision that Kerasal Fungal Nail Renewal ad claims weren’t supported. Arcadia violated confidentiality rule by publicizing NAD decision before the review was officially closed.
New Jersey-based Arcadia Consumer Healthcare, Inc., succeeded in reopening a 2018 National Advertising Division case involving its ‘#1 Pharmacist Recommended’ claim for the Fungi-Nail line, but failed again to convince the NAD that survey findings justify the claim.
Kramer Laboratories' claims for Fungi-Nail athlete's foot product referred to FDA and FTC after it refuses to comply with NAD's recommendation to modify the name. The firm, which agreed to modify packaging and commercial claims, was warned by FDA about the brand in 2005.