The case was brought against the firm First Day Life Inc. and related to claims on its Daily Enrichment Multivitamin.
Among the claims were:
- Millions of kids in the US are hyperactive. They’re distracted & impulsive. But there’s a secret cause that has just been discovered: Nutritional Deficiencies. Even when we think our kids are eating well, they might not be getting critical vitamins. In fact, 93% of kids aren’t eating enough fruits and veggies every day. That creates chemical imbalances that affect their behavior. That’s where First Day Kids Enrichment comes in to improve their behavioral development”;
- “Hey Mom, give yourself a tantrum free day this Mother’s Day! Our vitamins help little one’s stay focused and improves behavioral issues”;
- “My six-year-old has done a complete 180 on his behavior. He says his brain doesn’t feel like its buzzing anymore. It’s true . . . Nutritional deficiencies create a chemical imbalance that affects children’s behavior”;
- “First Day Kids Enrichment contains certain vitamins, which may help support children’s ability to focus”;
- “Start the 30-day kid’s vitamin challenge. Better Nutrition may help with Picky Eaters, Irritable, Easily Distracted” with three arrows pointing from each of these terms to a happy child and “first day-45 Day Satisfaction Guarantee” immediately underneath”; and
- “Start the 30-day kid's vitamin challenge. Better Nutrition may help with Lack of Focus, Irritable, Easily Distracted” with three arrows pointing from each of these terms to a happy child and “first day-45 Day Satisfaction Guarantee” immediately underneath.
In addition, the company agreed to remove testimonials on its website purportedly penned by parents claiming the products had quelled their children’s tantrums and other problematic behaviors. The NAD also recommended the company take down a Facebook post deemed to be implying similar claims.
NAD: claims must be backed with scientific evidence
The claims and the testimonials had been challenged by the Council for Responsible Nutrition.
In a statement NAD said it cautioned the company that any claims on its products must be supported by credible scientific evidence. However, the division said that nothing prevents the company from marketing the product as filling in nutrient gaps for children in a form that kids like to use, as long as that is not linked to changes in the children’s behavior.
In its response statement, First Day Life said it respects the process and would comply with the recommendations. The company did say, however, that it “respectfully disagrees” with NAD’s findings regarding certain discontinued sponsored posts, but that it also “appreciates NAD’s efforts to improve the industry” and “the opportunity to engage in this proceeding.”