The National Advertising Review Board (NARB) has upheld a previous National Advertising Division (NAD) ruling supporting supplements brand Goli Nutrition’s right to use the term “Apple Cider Vinegar” (ACV) in the name of its gummy products, but said the company must discontinue certain claims and slogans that suggest the products have similar efficacy as liquid ACV.
What is the case about?
Goli first introduced its Apple Cider Vinegar Gummies in 2019, which are made with fermented apple juice, folic acid, vitamins B9 and B12 and ACV. But the name of the product and several claims made by Goli – including the slogan “All of the Age Old Benefits of Traditional ACV” and a suggestion that two of the gummies are equivalent to one dose of liquid ACV – came under scrutiny from competing ACV products producer Bragg Live Food Products, which filed a challenge with the NAD last year alleging the gummies did not contain enough ACV to justify the product name or functional claims.
An NAD review of the products, announced in January, found that the gummies contained “far less than” an efficacious dose of 750 mg of acetic acid, the active ingredient of ACV. According to the NARB decision, Bragg argued that “it would take 30 ACV Gummies to provide as much acetic acid as is available in one tablespoon of liquid ACV” and Goli acknowledged that its minimum requirement for its gummies was only 25 mg of acetic acid per piece.
NAD ruled in favor of Goli’s use of the “Apple Cider Vinegar Gummies” name, noting that the name was not “literally false” and the gummies did contain some ACV, but recommended the company discontinue the challenged claims and slogans in its ads and on its labeling.
Bragg also claimed that Goli replaced the latter claim with the slogan “1 to 2 gummies 3 times per day,” which NAD agreed should be discontinued on grounds that it constituted a modified dosage claim and implied that the gummies “provide the same health benefits as the accepted threshold ACV dosage.” However, NAD found that Goli’s slogan “Taste the apple, not the vinegar” was acceptable.
What happened with the appeal?
Both companies appealed the decision, with Bragg seeking to overturn the determination regarding the name of the gummies, while Goli challenged several elements on jurisdictional grounds.
Goli’s appeal argued that some challenged claims, including daily dosage recommendations, were not part of NAD or NARB’s overview. While the NARB refused to overturn the original ruling against the phrase “1 to 2 gummies 3 times per day” in advertising, the board agreed that it could not enforce its removal from packaging or in online FAQs.
Bragg’s appeal argues that NAD should have provided specificity and guidance for how Goli should comply with its recommendations, and proposed several potential disclaimers for Goli to put on its labels including:
- Product doesn’t contain an ACV health benefits
- B Vitamin with added ACV powder only
- ACV is not an active ingredient of this product
- This product is not an ACV supplement
- This product is not equivalent to Apple Cider Vinegar
However, in line with the previous decision, NARB declined to offer any specific labeling guidance, stating that “The panel agrees with the advertiser that it should be free in the first instance to determine how to comply with the NAD’s recommendations.”
In a statement to NARB, Goli said it “is pleased” with the panel’s decision to affirm the brand’s use of the ACV terms and use of suggested doses on its labels and FAQs.
“As a strong supporter of the self-regulatory process, Goli thanks the panel for its careful consideration of the issues in this matter,” the company stated.
BevNET has reached out to Goli and Bragg for additional comment.