National Advertising Division Finds Certain Goli Nutrition ACV Gummies Claims Supported; Recommends Others be Modified or Discontinued: Advertiser to Appeal

NEW YORK, Jan. 27, 2022 /PRNewswire/ -- The National Advertising Division (NAD) of BBB National Programs has determined that Goli Nutrition, Inc. supported its express use of the terms "Apple Cider Vinegar," "Vinegar," and "ACV" in the product name of its Apple Cider Vinegar (ACV) Gummies dietary supplement. NAD also found that Goli provided a reasonable basis for the claim "Taste the Apple, Not the Vinegar."

However, NAD recommended that Goli discontinue or modify its advertising to avoid conveying the unsupported message that the amount of ACV contained in its gummies is associated with the health benefits of traditional liquid ACV.   

NAD declined to retain jurisdiction over the challenged claims that Goli ACV Gummies contain "the Mother," as they are the subject of pending litigation.

The claims, which appeared on Goli's product packaging, on its website, and in social media and influencer advertising, were challenged by Bragg Live Food Products, LLC, a competing manufacturer of an apple cider vinegar product in capsule form.

During the proceeding, the advertiser agreed to permanently discontinue the claim "All of the Age Old Benefits of Traditional ACV," and the claim that two Goli ACV Gummies are equivalent to one dose of liquid apple cider vinegar, which appeared in several versions in the challenged advertising. NAD did not review the discontinued claims on their merits. The challenger further objected to the advertiser's use in advertising of its recommended dosage statement of  "1 to 2 gummies 3x day," insofar as it suggests that the recommended dosage will yield the equivalent of the recommended dosage for traditional ACV.

NAD found that because Goli's products contain apple cider vinegar, the advertiser supported its express use of the terms "Apple Cider Vinegar," "Vinegar," and "ACV" in its product name. However, NAD determined that Goli's usage of the terms "Apple Cider Vinegar" and "ACV" in the overall context of its advertising, including its product name, reasonably conveys the message that the product provides the nutritional and health benefits of traditional apple cider vinegar – a message that was not supported due to the fact that the health benefits associated with apple cider vinegar are tied to a much higher amount of acetic acid, the "active" ingredient in ACV, than is present in the suggested intake for Goli's ACV Gummies.

Therefore, NAD recommended that the advertiser discontinue or modify its advertising to avoid conveying the unsupported message that the amount of ACV contained in its gummies is associated with the health benefits of traditional liquid ACV. NAD noted that this includes modifying or qualifying the use of "Apple Cider Vinegar," "ACV," or "Vinegar" in its product name when in the context of the challenged advertising to avoid conveying an unsupported implied health message.

Further, NAD found that the recommended dosage statement, "1 to 2 gummies 3x day," in the context of its advertising conveyed the unsupported implied message that the recommended dosage provides the nutritional and health benefits associated with the recommended dose of traditional ACV and recommended it be discontinued.    

Finally, NAD determined that the phrase "Taste the Apple, Not the Vinegar" conveys a message that the product has a flavor associated with apples or apple flavoring and not the sour taste of vinegar. NAD found that Goli has a reasonable basis for this claim, however, cautioned the advertiser to avoid using this statement in a manner that conveys the unsupported implied message that Goli's gummies provide the nutritional and health benefits associated with traditional apple cider vinegar.

In its advertiser statement, Goli stated that it is a "strong supporter of the self-regulatory process," however it will appeal NAD's decision because it "disagrees" with NAD's findings that its advertising conveys unsupported implied messages, that its recommended dosage claim is in dispute before the NAD, and with NAD's exercise of jurisdiction "over these issues and over other advertising that is at issue in pending federal litigation." Such appeals of NAD decisions are made to the BBB National Programs' National Advertising Review Board (NARB), the appellate-level truth-in-advertising body of BBB National Programs.

All BBB National Programs case decision summaries can be found in the case decision library. For the full text of NAD, NARB, and CARU decisions, subscribe to the online archive.

About BBB National Programs: BBB National Programs is where businesses turn to enhance consumer trust and consumers are heard. The non-profit organization creates a fairer playing field for businesses and a better experience for consumers through the development and delivery of effective third-party accountability and dispute resolution programs. Embracing its role as an independent organization since the restructuring of the Council of Better Business Bureaus in June 2019, BBB National Programs today oversees more than a dozen leading national industry self-regulation programs, and continues to evolve its work and grow its impact by providing business guidance and fostering best practices in arenas such as advertising, child-directed marketing, and privacy. To learn more, visit bbbprograms.org.

About the National Advertising Division: The National Advertising Division (NAD) of BBB National Programs provides independent self-regulation and dispute resolution services, guiding the truthfulness of advertising across the U.S. NAD reviews national advertising in all media and its decisions set consistent standards for advertising truth and accuracy, delivering meaningful protection to consumers and leveling the playing field for business.  

SOURCE BBB National Programs