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A panel of the National Advertising Review Board determined Goli Nutrition, Inc. supported its express use of the term “Apple Cider Vinegar” in the product name of its Apple Cider Vinegar (ACV) Gummies dietary supplement.
A panel of the National Advertising Review Board (NARB; New York) determined Goli Nutrition, Inc. supported its express use of the term “Apple Cider Vinegar” in the product name of its Apple Cider Vinegar (ACV) Gummies dietary supplement.
Bragg Live Food Products, LLC, a competing manufacturer of an apple cider vinegar product in capsule form, challengedGoli’s advertising before the National Advertising Division (NAD). In its original decision, Case No. 7042, NAD found that Goli’s express use of the terms “Apple Cider Vinegar,” “Vinegar,” and “ACV” were supported but recommended that Goli discontinue or modify its advertising to avoid the conveying the message that the amount of ACV contained in its gummies is associated with the health benefits of traditional liquid ACV. Specifically, NAD recommended that Goli discontinue its recommended dosage statement of “1 to 2 gummies 3x day” because it conveyed the unsupported implied message that the recommended dose provides the nutritional and health benefits of traditional ACV.
Following NAD’s decision, Goli filed a non-merits appeal arguing that NAD should have declined jurisdiction over certain challenged claims subject to pending litigation and that a daily dosage recommendation was not properly before NARB. Bragg cross-appealedcertain NAD findings and recommendations.
The NARB chair declined to dismiss any additional claims on jurisdictional grounds but did grant Goli some relief in finding that the dosage recommendation found on the package or in the FAQs was not properly before the panel. In agreement with NAD, the NARB panel determined that the product name “Apple Cider Vinegar” is not literally false and noted that Bragg did not submit any consumer research that might have shown that the name alone misleads consumers as to either the amount of apple cider vinegar in the gummies or any health benefits they provide. The panel noted that Goli documented that its naming convention reflects industry practice and concluded that this is a factor that can properly be considered in support of Goli’s position, as NAD did.
Finally, the NARB panel accepted NAD’s assessment of Goli’s laboratory analyses concluding that Goli’s ACV powder could be called an “ACV” ingredient.
Goli stated that it is “pleased with the panel’s determination affirming that Goli has a reasonable basis for its use of the terms ‘Apple Cider Vinegar,’ ‘ACV’ and ‘Vinegar’ in its product name” and also that “Goli may continue to state the recommended daily serving on its product label and website in contexts such as its FAQ web page.”