NAD Refers North American Herb & Spice to FTC

Company Declines to Participate in NAD Inquiry Into Advertising Claims for Oreganol P73

New York, NY – August 23, 2007 – The National Advertising Division (NAD) of the Council of Better Business Bureaus has referred advertising for Oreganol P73, a product marketed by North American Herb & Spice, to the Federal Trade Commission (FTC) for review.

As part of its routine monitoring program, NAD, the advertising industry’s self-regulatory forum, requested substantiation for the following claims:

* “Research shows heat and germs don’t mix . . . Take Oreganol P73 under the tongue and really feel the heat.”
* “. . . the only certified wild, non-GMO oil of oregano—plus it is handpicked from remote high-mountain regions.”
* “. . . scientific studies published in Antiviral Research . . .”

The advertiser did not respond to NAD’s letter opening this inquiry or NAD’s repeated attempts to contact the company, both by mail and by telephone. As a result of the advertiser’s failure to provide a substantive written response to NAD’s inquiry, pursuant to Section 2.9 (B) of the NAD/NARB Procedures, NAD will refer the matter to the appropriate governmental agency for possible law enforcement action.

NAD's inquiry was conducted under NAD/CARU/NARB Procedures for the Voluntary Self-Regulation of National Advertising. Details of the initial inquiry, NAD's decision, and the advertiser's response will be included in the next NAD Case Report.


The National Advertising Review Council (NARC) was formed in 1971 by the Association of National Advertisers, Inc. (ANA), the American Association of Advertising Agencies, Inc. (AAAA), the American Advertising Federation, Inc. (AAF), and the Council of Better Business Bureaus, Inc. (CBBB). Its purpose is to foster truth and accuracy in national advertising through voluntary self-regulation. NARC is the body that establishes the policies and procedures for the CBBB’s National Advertising Division (NAD) and Children’s Advertising Review Unit (CARU), as well as for the National Advertising Review Board (NARB) and Electronic Retailing Self-Regulation Program (ERSP.)

NAD and CARU are the investigative arms of the advertising industry’s voluntary self-regulation program. Their casework results from competitive challenges from other advertisers, and also from self-monitoring traditional and new media. The National Advertising Review Board (NARB), the appeals body, is a peer group from which ad-hoc panels are selected to adjudicate those cases that are not resolved at the NAD/CARU level. This unique, self-regulatory system is funded entirely by the business community; CARU is financed by the children’s advertising industry, while NAD/NARC/NARB’s sole source of funding is derived from membership fees paid to the CBBB. ERSP’s funding is derived from membership fees to the Electronic Retailing Association. For more information about advertising self regulation, please visit <> .

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