September 29, 2023


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National Advertising Division Recommends Dakota Nutrition Discontinue Claims that Dietary Supplements Contain Elderberry

NEW YORK, June 29, 2022 /PRNewswire/ — The Nationwide Promoting Division (NAD) of BBB Nationwide Programs advisable that Dakota Nutrition, Inc. discontinue challenged categorical and implied claims that its dietary nutritional supplements consist of the component elderberry. This advice applies to advertising statements for three goods: Additional Strength Elderberry 3-in-1 Immune Booster Capsules, Excess Energy Elderberry Gummies, and Immune Defense 7-in-1 Immune Booster Capsules.

National Advertising Division (NAD) (PRNewsfoto/National Advertising Division,B)

The statements, which appeared on Dakota’s website, Amazon merchandise pages, and on item labels have been challenged by Nature’s Way Brand names, LLC. NAD suggested that the advertiser discontinue the challenged promises, which provided:

  • “elderberry capsules”
  • “elderberry gummies”
  • “black elderberry extract (150mg)”
  • “150mg elderberry for every serving”
  • “150mg of Black Elderberry”
  • “150mg of Sambucus Nigra Extract”
  • “elderberries are extremely substantial in antioxidants”
  • “additional toughness antioxidant”
  • Elderberries are current in Dakota Nutrition’s products at advertised dosages.

Client need for elderberry, which has a extended heritage of use as a chilly and flu treatment, has enhanced given that the beginning of the Covid-19 pandemic. European elderberry (“Sambucus Nigra”) is an component native to Europe and is distinguished from American elderberry (“Sambucus Canadensis”) centered on its anthocyanin profile.

NAD deemed the evidence presented by the advertiser in guidance of its promises relating to the presence and amount of elderberry in its items. NAD determined that Dakota did not have a acceptable foundation for the challenged promises that its Elderberry Capsules, Elderberry Gummies, or Immune Capsules comprise elderberry. In addition, NAD noted that Dakota did not submit any guidance for the promises that elderberries are anti-oxidants or that they have particular quantities of antioxidants.

Even further, NAD identified that the word “elderberry” in the challenged products names, Elderberry Capsules and Elderberry Gummies, is an categorical claim that the products and solutions contain significant quantities of the named component. Even so, the advertiser’s proof did not offer a sensible foundation for statements linked to the existence of elderberry in these products and solutions. Appropriately, NAD advised that Dakota discontinue the use of the term elderberry in the name of its Elderberry Capsules and Elderberry Gummies.

For the duration of the proceeding, the advertiser knowledgeable NAD that it had forever discontinued numerous challenged disorder therapy and prevention claims. Hence, NAD did not evaluation these promises on the deserves.

In its advertiser assertion, Dakota stated that it “agrees to comply with NAD’s suggestions,” whilst it “respectfully disagrees with NAD’s rejection of raw content screening” of botanical elements, which it believes “should be adequate to satisfy NAD benchmarks.” The advertiser even more stated that it “supports the self-regulatory method and will abide by NAD recommendations in upcoming promoting.”

All BBB Nationwide Plans situation selection summaries can be observed in the situation decision library. For the total textual content of NAD, NARB, and CARU selections, subscribe to the on the internet archive.

About BBB National Programs:

BBB Nationwide Programs is the place businesses flip to improve client rely on and shoppers are listened to. The non-earnings business creates a fairer participating in industry for organizations and a greater working experience for shoppers by way of the improvement and delivery of productive 3rd-social gathering accountability and dispute resolution programs. Embracing its role as an impartial firm due to the fact the restructuring of the Council of Much better Organization Bureaus in June 2019, BBB National Programs these days oversees much more than a dozen foremost national field self-regulation programs, and proceeds to evolve its get the job done and mature its effect by supplying business enterprise assistance and fostering very best tactics in arenas these as advertising, boy or girl-directed marketing and advertising, and privacy. To discover a lot more, visit

About the Countrywide Promoting Division:

The National Advertising and marketing Division (NAD) of BBB National Programs provides independent self-regulation and dispute resolution expert services, guiding the truthfulness of promotion across the U.S. NAD reviews nationwide promoting in all media and its conclusions established constant requirements for advertising truth and accuracy, offering significant security to consumers and leveling the enjoying subject for enterprise.  

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