NAD refers Brain Research Labs to FTC

NEW YORK — The National Advertising Division has referred to the Federal Trade Commission advertising claims made by Brain Research Labs, for Procera AVH, following the company’s failure to abide by the terms of an NAD decision.

In an underlying 2009 decision, NAD recommended that the advertiser discontinue a wide range of claims and testimonials for Procera AVH, including the unqualified claim that Procera AVH was “clinically shown to restore the memory and brain power you had 10-15 years ago" and claims that the product is “fast-acting.”

NAD also determined that a key ingredient in the product, vinpocetine, had not been demonstrated to provide increased oxygen delivery, uptake and utilization by the brain. NAD recommended the advertiser discontinue such claims.

NAD contacted the advertiser when it learned that the company was again making claims similar to those it agreed to discontinue in 2009.

The advertiser, in response, agreed to discontinue all the challenged claims except for the claim that Procera AVH has “vinpocetine, a substance that helps deliver increased oxygen and glucose to your brain.”

The advertiser asserted that a more recently conducted study supports the claim. However, an advertiser in an NAD proceeding may not, absent extraordinary circumstances, submit new evidence after the fact as support for claims that were the subject of an earlier proceeding.

Based on the advertiser’s actions, NAD has referred the matter to the Federal Trade Commission for further review.

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