NAD Recommends Alde Associates Discontinue Claims that Suggest DaniPro Nail Polish Treats Nail Fungus; Finds Company Can Support ‘Doctor Formulated’ Claim

New York, NY – March 28, 2013 – The National Advertising Division has recommended that Alde Associates discontinue advertising claims for daniPro nail polish, a product infused with the anti-fungal agent undecylenic acid – that state or suggest the product treats or prevents nail fungus.

NAD further recommended the company discontinue claims that daniPro is an “antifungal” or a “topical antifungal,” “keeps nails looking healthy” and is “natural and organic.” NAD did find, however, that Alde Associates could support claims that the product is “doctor-formulated.”

NAD is an investigative unit of the advertising industry’s system of self-regulation. NAD is administered by the Council of Better Business Bureaus.

Advertising claims made by Alde Associates were challenged by Adwill Labs, which markets “Dr.’s Remedy” nail polish – a product created by doctors and designed to be free of toxins.

Claims at issue in AdWill’s challenge included:

  •  “daniPro Nail Polish is the first doctor recommended nail polish naturally infused for healthy, beautiful nails.”
  •  “daniPro Antifungal Nail Polish is the first doctor recommended antifungal nail polish with an FDA approved fungicide to treat and prevent fingernail and toenail fungus.”
  •  “Introducing daniPro, the only doctor formulated nail polish infused with Undecylenic Acid, a proven topical antifungal.”
  •  Introducing daniPro, the only doctor formulated nail polish infused with an FDA-approved antifungal additive proven to effectively fight nail fungus.”
  •  “Now you can keep your nails looking healthy and beautiful with daniPro’s patent pending formulation. daniPro contains Undecylenic acid, which has antifungal properties. If you suffer from unsightly nail fungus or have discolored nails that break easily, daniPro is for you…”
  •  “Organic and 100% natural”
  •  “daniPro offers an infused formula with a recognized antifungal. Our antifungal has been proven effective against the organisms that cause fungus, so why not attack it BEFORE it attacks you!”
  •  “Keep in mind that daniPro is your best choice to stop the spread and avoid new infections.”

As an initial matter, NAD noted its appreciation that the advertiser voluntarily discontinued several challenged claims. The advertiser notified NAD in writing that it was willing to permanently discontinue its claims that daniPro contains a “proven” topical antifungal and is “doctor-recommended,” an action NAD deemed necessary and appropriate given the absence of support for such claims in the record.

Following its review of the evidence, NAD determined the advertiser had a reasonable basis for its claim that its daniPro nail polish contains undecylenic acid. However, to avoid the potential for consumer confusion, NAD recommended that the advertiser clearly and conspicuously disclose that the product is not effective in preventing or treating fungus of the nails.

NAD further recommended that the advertiser discontinue the use of testimonials that attest to the product’s effectiveness as an antifungal.

DaniPro, in its advertiser’s statement, said the company “comes to this process having joined the ranks of numerous producers of nail polishes and remedies containing the anti-fungal ingredient undecylenic acid.”

As noted in the NAD decision, the company said, “the makers of daniPro have cooperated in this procedure and many of the claims have already been changed during the course of these proceedings. Out of deference to the forum and in spirit of cooperation, future advertising will take into consideration NAD’s recommendations.”