Infinity Superfoods Pulls COVID-Related Social Media Content Following NAD Inquiry

Dorsey & Whitney LLP

Dorsey & Whitney LLPInfinity Superfoods has voluntarily pulled certain social media content related to COVID-19 following an inquiry from the National Advertising Division (“NAD”) of BBB National Programs. In the same vein as regulatory agencies such as the FTC and the FDA, NAD is currently paying increased attention to advertising claims related to supposed treatments for COVID-19.

As part of its monitoring program, NAD challenged a social media post for Infinity Superfood’s Infinity-C dietary supplement, which included an image and text linking treatment of the coronavirus and Vitamin C. First proclaiming that hospitals in New York are treating COVID-positive patients with high doses of Vitamin C, the text went on to tout the Vitamin C delivery powers of Infinity-C. NAD also challenged a blog post referring to treatment of COVID-19 with Vitamin C.

NAD took issue with the implication of Infinity Superfood’s advertising, questioning whether the social media and blog posts suggested that users taking Infinity-C would be protected against COVID-19 and requesting substantiation for this implied claim from Infinity. Importantly, as of the time of NAD’s inquiry, neither the FDA nor the CDC has recognized an available approved drug, vaccine, or investigational product to prevent or treat COVID-19.

Pursuant to NAD’s inquiry, Infinity Superfoods voluntarily discontinued the challenged social media and blog posts, as well as other implied claims on Infinity-C webpages regarding the product’s efficaciousness underpinned by the supposed benefits of Vitamin C in the treatment of COVID-19. Finally, Infinity revised a Facebook post relating to Infinity-C’s immunity benefits.

Expressing gratitude for participation in the self-regulatory process, the company has stated that it “will not expressly and/or impliedly claim that its products cure or treat Covid-19.”

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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