New York, NY – December 22, 2023 – In a challenge brought by Actegy Health Inc. against IntelliBrands, LLC for its LegXercise products, the National Advertising Division (NAD) of BBB National Programs determined that IntelliBrands supported the claim that LegXercise causes movement and flexes the knee and ankle joints.
However, NAD recommended that IntelliBrands discontinue multiple claims on its website and in videos that LegExercise provides a number of health benefits relating to circulation, blood flow, restlessness, pain, aches, relaxation, cramps, tingling, swelling, mobility, walking, weak legs, coldness, discoloration, effective exercise, and overall health.
NAD also recommended that IntelliBrands modify its advertising to cease conveying the message that LegXercise is equivalent to a physical therapist.
The LegXercise is a motorized device that moves a user’s legs when sitting. The continuous motion of the device causes the leg to flex at the knee and ankle joints.
In support of its claims that LegXercise provides a number of health benefits, IntelliBrands relied on several articles about the benefits of passive exercise and a two-week study conducted in 2021 to evaluate the effects of LegXercise on leg circulation (IRSI Study).
NAD found the passive exercise studies, which did not involve the use of a LegXercise device, to be a poor fit for the claims and found the IRSI Study to be unreliable. As a result, NAD concluded that IntelliBrands did not meet its burden of substantiating its claims and recommended that it discontinue the health-related claims (and versions that were modified during the challenge), including that the LegXercise product:
NAD concluded that the name LegXercise did not convey an expressly false message because it is a fanciful term with no meaning and does not convey the message that the product offers clinically meaningful exercise.
In the absence of evidence that consumers take away an implied message that the name itself conveys a message that the product provides meaningful exercise, NAD declined to recommend a change to the product name.
Physical Therapist Claim
NAD determined that a challenged LegXercise commercial conveys the implied message that the product provides benefits equivalent to working with a physical therapist. NAD recommended that IntelliBrands modify its advertising to cease conveying this message because there was no evidence that using LegXercise is equivalent to having a physical therapist for the treatment of any conditions.
Regarding the challenged website and videos, NAD noted that the use of the word “step” is typically associated with walking and running, and concluded that by claiming that LegXercise counts steps, consumers can reasonably take away the message that using the product is equivalent to walking a certain number of steps. As there was no evidence in the record as to the equivalence of LegXercise to walking or step counts, NAD recommended that the step claims be discontinued.
Leg Movement and Flex Claims
IntelliBrands claims in its videos that LegXercise provides continuous automatic leg movement and flex at both the knee and ankle joints. NAD determined these claims were substantiated as they accurately describe how the product works. NAD cautioned, however, that IntelliBrands avoid conveying the message that the product provides health benefits due to this movement or flex.
During the proceeding, IntelliBrands voluntarily agreed to permanently discontinue a number of claims. Therefore, NAD did not review these claims on their merits.
In its advertiser statement, IntelliBrands stated that it “agrees to comply with NAD’s recommendations.” The advertiser further stated that “while Intellibrands believes that the advertising truthfully conveyed the benefits of the LegXercise device, it appreciates NAD’s guidance and careful review.”
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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.
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