New York, NY – July 24, 2024 – In a challenge brought by Advantice Health, BBB National Programs’ National Advertising Division recommended that Dr. Luke Healthcare discontinue certain claims for Dr. Luke’s Fungal Nail Renewal product, including health-related claims that the product treats nail fungus, natural claims, and claims that a doctor recommends the product or that it treats a medical condition.
The challenged claims, which appeared on various channels including Amazon, Walmart, and Dr. Luke’s website, position Fungal Nail Renewal as an effective treatment for nail fungus (onychomycosis).
Treatment Claims
The National Advertising Division (NAD) determined that Dr. Luke’s claims that its product treats nail fungus are not supported by competent and reliable scientific evidence.
NAD determined that the studies on products with acetic acid were not a good fit for the challenged claims because the composition of the products tested, the dosage, and the mode of administration differed from the Dr. Luke product.
NAD also found that the Food and Drug Administration’s Over the Counter (OTC) monograph regarding 1% Tolnaftate does not support nail fungus treatment claims. Further, NAD concluded that the evidence provided by Dr. Luke regarding the efficacy of the Chinese herb ingredients and the benefit they provide did not support the challenged treatment claims.
NAD recommended that Dr. Luke discontinue the following claims:
Natural Claims
The National Advertising Division (NAD) determined that Dr. Luke’s “natural formula” claims reasonably convey the message that the product is formulated without artificial ingredients and treats nail fungus through natural ingredients. As the active ingredient in Fungal Nail Renewal is a synthetic compound, NAD found the natural claims to be unsupported and recommended they be discontinued.
Doctor Recommended/Treatment Claims
The National Advertising Division (NAD) found that Dr. Luke’s imagery of a man in a white coat with a stethoscope conveys the messages that a doctor recommends the product or that the product treats a medical condition. Although Dr. Luke voluntarily discontinued its doctor-recommended claims, in the absence of supporting evidence, NAD recommended that Dr. Luke modify its advertising to avoid conveying these messages.
During the proceeding, Dr. Luke permanently discontinued a number of claims. Therefore, NAD did not review these claims on their merits and will treat the claims, for compliance purposes, as though NAD recommended they be discontinued.
In its advertiser statement, Dr. Luke stated that although it disagrees with the decision, it will “comply with NAD’s recommendations.”
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. This press release shall not be used for advertising or promotional purposes.
About BBB National Programs: BBB National Programs, a non-profit organization, is the home of U.S. independent industry self-regulation, currently operating more than a dozen globally recognized programs that have been helping enhance consumer trust in business for more than 50 years. These programs provide third-party accountability and dispute resolution services that address existing and emerging industry issues, create a fairer playing field for businesses, and a better experience for consumers. BBB National Programs continues to evolve its work and grow its impact by providing business guidance and fostering best practices in arenas such as advertising, child-and-teen-directed marketing, data privacy, dispute resolution, automobile warranty, technology, and emerging areas. To learn more, visit bbbprograms.org.
About the National Advertising Division: The National Advertising Division of BBB National Programs provides independent self-regulation and dispute resolution services, guiding the truthfulness of advertising across the U.S. The National Advertising Division 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.
Contact:
Jennie Rosenberg
Media Relations
BBB National Programs
press@bbbnp.org
