Fucopure's advertising claims forwarded to FTC

NEW YORK The National Advertising Division of the Council of Better Business Bureaus on Tuesday referred advertising published by Nutraceuticals International for Fucopure to the Federal Trade Commission for further review.

Nutraceuticals declined to participate in an NAD proceeding, following a challenge to its advertising by P.L. Thomas, a competing maker of dietary supplements.

NAD, the advertising industry’s self-regulatory forum, asked the advertiser to provide substantiation for disease claims that tout FucoPure as a “totally new, totally innovative approach to combating obesity, hyperlipidemia and Type II diabetes.”

Under Food and Drug Administration regulations, no dietary supplement can be purported to treat, mitigate or prevent a disease, which would include obesity, hyperlipidemia and diabetes.

NAD also requested substantiation for weight-loss claims that state FucoPure was proven in the “First U.S. human clinical trial to show the ability of a physician strength Fucoxanthin extract to significantly reduce body weight, percent body fat ...” and strong superiority and exclusivity claims, including claims that state that FucoPure is “The Only Clinical Strength Fucoxanthin 10% Extract.”

The advertiser failed to respond to NAD’s initial inquiry, but responded through its attorney after receiving NAD’s second letter. At that time, the advertiser, through its attorney, requested an extension as a professional courtesy, which was granted. The advertiser failed to file a response on the agreed upon date, and despite continued outreach from NAD, has refused to participate.

Given the advertiser’s failure to provide a substantive response, pursuant to Section 2.9 of the NAD/NARB Procedures, NAD will refer this matter to the FTC and FDA for possible law enforcement action.