As such, the advertiser supported its claims with ingredient studies for vitamin C, D, zinc and Wellmune beta glucan yeast. The advertiser maintained that the intended and reasonable take away message of its immunity claims is that the ingredients in Kids Mighty Immunity promote general wellness through the support of the immune system. The relevant portions of the website contain no other visuals besides a picture of the product packaging. The Kids Mighty Immune product packaging is red and orange with a similarly color-themed cartoon moose. The challenged claims appeared on the advertiser’s website and on the side of the product packaging. The front of the product packaging, under the product name “Kids Mighty Immunity” lists in bold large print the ingredients (Wellmune, Acerola Cherry, Elderberry and Zinc) that comprise Kids Mighty Immunity. An essential mineral that helps keep immune cells functioning in tip-top shape.” “Elderberry. Respect your elders-this super food has been used for centuries to support the immune systems.” These beta glucans support immune health by helping to promote built-in cellular defense mechanisms.” “Formulated to help support little immune systems in the biggest way to help keep kids healthy and happy year-round.” The claims at issue were challenged by the Council for Responsible Nutrition as part of an ongoing initiative to expand NAD’s review of advertising claims for dietary supplements.ĬRN challenged express claims that included: It is administered by the Council of Better Business Bureaus. NAD is an investigative unit of the advertising industry’s system of self-regulation. The National Advertising Division has determined that Olly Public Benefit Company can support challenged claims for the company’s Kids Mighty Immunity Supplement, including the claim “formulated to help support little immune systems in the biggest way to help keep kids healthy and happy year-round.”
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