![]() The NARB panel recommended that the 84% claim and the 73% claim either be discontinued or modified to match the language in the survey (e.g., "protect against irritation" rather than "reduced irritation") to which agreement was expressed. "73% agreed Bausch + Lomb INFUSE helped minimize symptoms of contact lens dryness."."84% agreed Bausch + Lomb INFUSE reduced irritation and discomfort."."89% of patients agreed Bausch + Lomb INFUSE reduces halos and glare even in low light conditions.".The panel found that the methodological shortcomings of the 893 Study are not disqualifying, but recommended modifications to the following claims: ![]() The NARB panel concluded that Bausch + Lomb's four percentage agreement claims are monadic in nature, and accordingly the substantiation can be evaluated under a less rigorous standard. Therefore, the panel recommended that Bausch discontinue the claim that Bausch + Lomb INFUSE has "unsurpassed overall comfort and vision compared to Dailies Total1." The NARB panel agreed with NAD that the 893 Study did not provide proper support for the advertiser's unsurpassed claim (a comparative establishment claim) because there are methodological deficiencies directly relevant to this analysis, the most important being limiting the enrollment in the study to wearers of standard, not daily, contact lenses. In support of its parity claim, as well as several percentage agreement claims, Bausch + Lomb relied on the results of its 893 Clinical Study. Unsurpassed Overall Vision and Comfort Claims and Percentage Agreement Claims Thus, the panel recommended that the claim be discontinued. The NARB panel agreed with NAD that the claim that Bausch + Lomb INFUSE "Maintains 96% of its moisture for a full 16 hours – more than the leading silicone hydrogel daily disposable" is not properly supported because the advertiser failed to show that the claimed moisture retention differential is material. The panel recommended, therefore, that Bausch + Lomb modify its advertising to avoid conveying the implied message that the physical properties of its Bausch + Lomb INFUSE lenses ("most moisture," "lowest modulus," and "high oxygen") lead to superior consumer relevant benefits versus competing lenses, including DT1 lenses. Thus, the panel agreed with NAD and concluded that the Bausch + Lomb INFUSE brochure communicates to ECPs the implied message that INFUSE lenses provide greater eye comfort than competitive daily lenses, a message not supported by the record. The NARB panel found that the focus of the Bausch + Lomb INFUSE brochure was to present Bausch + Lomb INFUSE lenses as a preferred option in terms of reducing discomfort and that one message reasonably communicated to ECPs by the "most moisture," "lowest modulus," and "high oxygen" references in context is one of greater comfort when the INFUSE lenses are worn. biphasic) in a manner that is understandable to ECPs. In agreement with NAD, the panel recommended that Bausch + Lomb modify its "lowest modulus" and "most moisture" claims to clearly disclose the material distinction between the products (e.g., monophasic vs. Referring to the INFUSE lens as monophasic and the DT1 lens as biphasic represent reasonably accurate descriptions of the technology. The NARB panel concluded that the evidence in the record shows that the advertiser and challenger use different technical approaches to try to minimize the disruption to homeostasis caused by wearing contact lenses. "Most Moisture" and "Lowest Modulus" Claims The principal challenged claims, many of which are technical in nature and based on clinical testing of the products, had appeared in an INFUSE contact lens brochure distributed by Bausch+ Lomb to eye care professionals (ECPs). After NAD's decision was rendered, Bausch + Lomb appealed to NARB as part of the advertising industry's self-regulatory process. The advertising at issue had been challenged before the National Advertising Division (NAD) by Alcon Vision, LLC, manufacturer of competing DAILIES TOTAL1 (DT1) contact lenses ( Case No. Vision, irritation, and dryness-related percentage agreement claims and.Unsurpassed overall vision and comfort claim."Maintains 96% of its moisture for a full 16 hours – more than the leading silicone hydrogel daily disposable"."Most Moisture" and "Lowest Modulus" claims.NEW YORK, Ap/PRNewswire/ - A panel of the National Advertising Review Board (NARB), the appellate advertising law body of BBB National Programs, has recommended that Bausch Health US, LLC discontinue or modify certain claims for its Bausch + Lomb INFUSE brand of silicone hydrogel daily contact lenses, including:
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