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Well-known radio advertiser settles in false advertising lawsuit

M

Martin Gilbert

Banned
The notorious Balance Of Nature “supplement” advertiser that blankets talk radio, where many hosts personally endorse it, paid $1.1 Million to settle a false advertising lawsuit. Still, the ads continue to blanket the radio stations and the hosts continue to personally endorse it.

www.insideradio.com

Talk Radio Advertiser Balance Of Nature Settles False Advertising Lawsuit.

Balance of Nature, a regular advertiser on talk radio, including being the top advertiser on the former “The Rush Limbaugh Show” in 2020, has agreed to pay $1.1 million to
www.insideradio.com www.insideradio.com
 
Martin Gilbert said:
Still, the ads continue to blanket the radio stations and the hosts continue to personally endorse it.
Click to expand...

There was nothing in the judgement that prevented them from revising their ads and continuing to advertise. The lawsuit was made in California, and seems to only apply to that state. Of course, moving forward, hosts would be smart to have any endorsement copy approved by lawyers. But I'm sure all of the claims cited in the lawsuit have been replaced. It's important to note that no radio or TV stations were sued. The ads are also pretty common on cable TV channels.

It should be pointed out that these ads pay for a lot of the radio shows people listen to. If the ads went away, there would be a huge loss for the radio stations. It might lead to more people getting fired, less local programming, and more stations being sold.

The question I would have is who buys these things?
 
TheBigA said:
There was nothing in the judgement that prevented them from revising their ads and continuing to advertise. The lawsuit was made in California, and seems to only apply to that state. Of course, moving forward, hosts would be smart to have any endorsement copy approved by lawyers. But I'm sure all of the claims cited in the lawsuit have been replaced. It's important to note that no radio or TV stations were sued. The ads are also pretty common on cable TV channels.

It should be pointed out that these ads pay for a lot of the radio shows people listen to. If the ads went away, there would be a huge loss for the radio stations. It might lead to more people getting fired, less local programming, and more stations being sold.

The question I would have is who buys these things?
Click to expand...
Integrity is invaluable.
 
Martin Gilbert said:
Integrity is invaluable.
Click to expand...

When I worked full time local at KLMI-FM 106.1 Laramie, WY we did personal endorsements.. i sold two in the time i worked there... for a wireless ISP and a pub bar cheers type place.

We had a rule that you couldn't do a personal endorsement if you didnt know the product well and weren't a regular user/customer of it/them/the thing.

I had the wireless ISP at home...

And the pub bar place? well, they recognized my voice over the phone, and when id call to order food to pick up after work to take home, theyd say "the usual, paul?" ..... and id say "Yup..." and that was that., (3 crispy, crunchy, slightly spiucy chicken fingers and shoestring fries)
 
SomeRadioGuy said:
When I worked full time local at KLMI-FM 106.1 Laramie, WY we did personal endorsements.. i sold two in the time i worked there... for a wireless ISP and a pub bar cheers type place.

We had a rule that you couldn't do a personal endorsement if you didnt know the product well and weren't a regular user/customer of it/them/the thing.

I had the wireless ISP at home...

And the pub bar place? well, they recognized my voice over the phone, and when id call to order food to pick up after work to take home, theyd say "the usual, paul?" ..... and id say "Yup..." and that was that., (3 crispy, crunchy, slightly spiucy chicken fingers and shoestring fries)
Click to expand...
I’m surprised to hear well-known talk show hosts on prominent radio stations, such as WABC, WOR, am97, personally endorsing Balance Of Nature when it’s clearly a marketing gimmick, an expensive gimmick. They are knowingly deceiving their own listeners.
 
I dislike the Kars4Kids commercials on radio and TV. Exactly how do they spend the proceeds? Shriners Hospital and St. Jude's, for example, demonstrate in their advertisements how their funds help children with medical problems.
 
Martin Gilbert said:
I’m surprised to hear well-known talk show hosts on prominent radio stations, such as WABC, WOR, am97, personally endorsing Balance Of Nature when it’s clearly a marketing gimmick, an expensive gimmick. They are knowingly deceiving their own listeners.
Click to expand...

I won't endorse something i dont use/know well/trust
 
BruceNYC said:
I dislike the Kars4Kids commercials on radio and TV. Exactly how do they spend the proceeds? Shriners Hospital and St. Jude's, for example, demonstrate in their advertisements how their funds help children with medical problems.
Click to expand...
It's an organization based out of Lakewood, NJ. (If you're in the NYC area, Bruce, as your screen name implies, that should be a big hint.) They do use most, if not all, of the net proceeds for running the schools to educate their sect's children. But those ads aren't PSA's, and while they are "bottom-of-the-barrel" time buys (i.e. evenings, overnights, weekends), all that time still adds up to $$$'s in operating costs.
 
TheBigA said:
There was nothing in the judgement that prevented them from revising their ads and continuing to advertise. The lawsuit was made in California, and seems to only apply to that state. Of course, moving forward, hosts would be smart to have any endorsement copy approved by lawyers. But I'm sure all of the claims cited in the lawsuit have been replaced. It's important to note that no radio or TV stations were sued. The ads are also pretty common on cable TV channels.

It should be pointed out that these ads pay for a lot of the radio shows people listen to. If the ads went away, there would be a huge loss for the radio stations. It might lead to more people getting fired, less local programming, and more stations being sold.

The question I would have is who buys these things?
Click to expand...
Balance Of Nature‘s ads and “infomercials” originally featured “customer testimonials” claiming it cured every affliction known to mankind, from multiple sclerosis to hair loss, from cancer to Covid. An FDA investigation banned such false or unproven medical claims and so the “testimonials” now just say they have more energy. Supplements maker Balance of Nature making false coronavirus claims, watchdog says
 
Martin Gilbert said:
Update: Federal court orders Balance of Nature to stop selling its products
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There's a second part of the order:

Yesterday, the U.S. Food and Drug Administration announced that a dietary supplement distributor, manufacturer, and two executives have been ordered by a federal court to stop producing and selling their products until they come into compliance with federal regulations and requirements under the Federal Food, Drug, and Cosmetic Act.
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The key word is "until." So it's a temporary stop until they come into compliance.

The consent decrees prohibit Evig LLC and Premium Production LLC from distributing or manufacturing products until they are in compliance with CGMP and labeling regulations. Under the consent decrees, both firms must hire CGMP experts, submit documents demonstrating compliance, and receive the FDA’s approval to resume operations. In addition, Evig LLC must hire a labeling expert to ensure their products are no longer considered new and/or misbranded drugs.
Click to expand...

www.fda.gov

Federal Judge Enters Consent Decrees Against Utah-Based Dietary Supplement Distributor and Manufacturer of Balance of Nature Products

A dietary supplement manufacturer and distributor have been ordered to stop selling supplements
www.fda.gov www.fda.gov

Notice that the order is directed at the company, not any media outlet.
 
TheBigA said:
There's a second part of the order:



The key word is "until." So it's a temporary stop until they come into compliance.



www.fda.gov

Federal Judge Enters Consent Decrees Against Utah-Based Dietary Supplement Distributor and Manufacturer of Balance of Nature Products

A dietary supplement manufacturer and distributor have been ordered to stop selling supplements
www.fda.gov www.fda.gov

Notice that the order is directed at the company, not any media outlet.
Click to expand...
Media are complicit in deceptive business practices perpetrated by an obvious sham business.
 
Martin Gilbert said:
Media are complicit in deceptive business practices perpetrated by an obvious sham business.
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That's not how the courts see it.

Bottom line is without these companies, the talk format would likely go away.

My expectation is the lawyers will change the copy, and you'll hear the ads again soon.
 
Martin Gilbert said:
Media are complicit in deceptive business practices perpetrated by an obvious sham business.
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It is not media's job to evaluate every claim made in advertising. If that were true, even the largest media companies could not accept advertising. And it would be death for local "ma and pa" merchants and entrepreneurs who could not advertise because no medium would accept the cost of qualifying a small budget account.
 
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