As part of its regular monitoring and its joint initiative with the Council for Responsible Nutrition, the NAD investigated advertising claims for BrainFire dietary supplement. See BrainFire, NAD Case No. 5914 (Dec. 23, 2015). The challenged claims included descriptions, such as the following:
IMPROVED MEMORY. The ingredients in BrainFire have been shown to help increase memory recall in men and women of just about all ages. Men and women in their early twenties to late thirties started noticing significant increases in their short term memory and some increases in long term memory recall where people from 40 to the age of 65 noticed drastic increases in both.
The NAD also challenged articles that it said “appear[ed] to be editorial content” and “product reviews which appear[ed] to be independent.” The NAD closed the case without formal review after the advertiser agreed to permanently discontinue the claims. This case illustrates that “brain claims” are still drawing regulatory scrutiny, and it’s not only the FTC that’s looking at native advertising.