NAD turns Iceberg Labs over to federal regulators regarding Immune Shield claims

NEW YORK — The National Advertising Division of the Council of Better Business Bureaus on Tuesday referred advertising claims made by Iceberg Labs for its Immune Shield dietary supplement to the Federal Trade Commission and Food and Drug Administration for further review.

The advertising at issue was challenged before NAD, the advertising industry’s self-regulatory forum, by the Council for Responsible Nutrition.

One of the claims Iceberg Labs makes is that its supplements are preventive of any form of influenza, a potential sore spot for FTC regulators. During the H1N1 pandemic, the FTC publicly warned companies that “unless they have scientific proof for their claims, they are violating federal law and must drop the claims or face further action.” In collaboration with other enforcement agencies, including the FDA, the FTC then pledged to aggressively work to identify, investigate and take additional regulatory and law enforcement action against individuals or businesses that deceptively promote purported H1N1 products.

Iceberg Labs’ “magic pill” also purports to serve as a weight-loss aid. The company also suggested that its products may prevent cancer. Following NAD’s initial inquiry, the advertiser contacted NAD but did not submit supporting evidence for its claims.

NAD noted in its decision that it was disappointed that the advertiser did not participate in NAD’s inquiry, “particularly in light of the strong health claims being made, including claims that the product will ‘fortify’ the immune system, prevent ‘any form of flu’ and, most troubling, claims suggesting that this supplement will help prevent and eliminate cancer.”

Based on the advertiser’s failure to respond to NAD’s inquiry, pursuant to Section 2.9 of the NAD/NARB Procedures, NAD will refer this matter to the FTC and FDA for further review.