Overview:
NAD determines that claims about Dr. Luke’s antifungal nail product must be stopped.
Fungus Amongus
Dr. Luke Heathcare produces a topical product for treating and curing nail fungus, Dr. Luke’s Fungal Nail Renewal. Its active ingredients include tolnaftate, an over-the-counter antifungal medicine, but the product also contains four Chinese herbal ingredients and acetic acid, which is similar to vinegar. The product is sold in Walmart, Amazon, and on the Dr. Luke’s website.
Advantice Health manufactures and sells its own antifungal topical foot ointment, called Emitrix. It challenged certain claims Dr Luke Healthcare makes about Dr. Luke’s Fungal Nail Renewal, including claims that the treatment is natural, that the active ingredient properly treats nail fungus, that the treatment is a cure and repair for nail fungus, and that the treatment repairs nails more deeply than competitors do. It also challenged an implied claim, based on the packaging and messaging, that doctors recommend the Dr. Luke’s product.
Incurable Claims? NAD Decision
The NAD ruled that the studies Dr. Luke Healthcare submitted on acetic acid did not support the claims in the challenged ads, due to the composition, dosage, and administration method of the product. It also found that the studies and evidence submitted by Dr. Luke Healthcare on tolnaftate and Chinese herbal ingredients did not support the challenged nail fungus treatment claims. The NAD recommended Dr. Luke Healthcare discontinue multiple claims, including:
- “Extra Strength Toenail Fungus Treatment for Toenail or Fingernail”
- “Repair Onychomycosis deeply”
- “Formulated to effectively treat Nail Damage. Nail Fungus. Based on Chinese Traditional Treatment Research”
- “Doctor Recommended”
- “Dr. Luke’s Toenail Fungus Treatment cures nail fungus”
- “Kills fungus, stops itching and burning, restores your skin and toe’s health”
- “Repair & Renew – It can radically repair damaged nails, such as nail discoloration, nail thickening, nail splitting, nail crumbling”
- “Extra strong formula, renew damaged nail faster”
- “It also protects from further damage”
NAD Rules and Survey Potential
The company discontinued multiple claims during the proceeding, including claims that one or more doctors recommend the nail fungus product. On its packaging and advertising, Dr. Luke Healthcare used an image of a man in a white coat with a stethoscope and messages suggesting that doctors recommend the product to treat the medical condition. Because the company did not have evidence supporting claims about a doctor’s recommendation or endorsement, the NAD recommended that Dr. Luke Healthcare discontinue those claims. Because the active ingredient in the product is tolnaftate, a synthetic compound, the NAD also recommended that Dr. Luke Healthcare discontinue the “natural” claims made in the challenged ads.
When advertising claims (including claims on packaging and on social media) do not have evidence to support them, brands run the risk of challenges like this one. Proper claim substantiation, conducted before you settle on product advertising and design, can help you make convincing claims that resonate with consumers—without being misleading. Had this challenge been a dispute about consumer perceptions rather than the scientific backing for the challenged claims, survey evidence may have been useful to help decide the extent to which consumers relied on the “natural” and “doctor recommended” claims when making purchasing decisions. A survey of doctors could also provide evidence for or against a claim that a product is doctor recommended. Whenever brands require claim substantiation or face false advertising litigation, consumer surveys can be useful.
Contact MMR Strategy Group for reliable claim substantiation and litigation surveys.