Arcadia Stubs Toe In Nail Fungus Ad Challenge, Giving Advantice Foot In Door On Appeal
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.
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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.
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.
Marketers now can petition NAD to reopen cases if they have new studies or other data supporting ad claims that were shot down by the watchdog group previously, though the bar for re-review is high, says NAD Director Laura Brett.