Goli
Facts-only compliance record. Every entry is source-backed and dated.
Event Timeline
Pending: Caputo v. Goli Ashwagandha gummies (S.D.N.Y. 1:22-cv-07723)
On September 9, 2022, Heather Caputo filed a putative class-action complaint in the U.S. District Court for the Southern District of New York against Goli Nutrition Inc. and Better Nutritionals LLC, No. 1:22-cv-07723 (Document 1). The complaint caption names the Southern District of New York. The ECF header on the complaint reads "Case 1:22-cv-07723 Document 1 Filed 09/09/22." The complaint alleges that Goli Nutrition Ashwagandha Gummies were marketed as providing sexual-function benefits, weight-loss and weight-management benefits, and improved physical performance, and as clinically proven to help maintain normal cortisol levels, and that the product's two active ingredients, KSM-66 Ashwagandha Root Extract and vitamin D, do not provide those benefits. The first cause of action is New York General Business Law § 349 (deceptive acts and practices) and the second is New York General Business Law § 350 (false advertising), both on behalf of a New York subclass. The complaint also pleads breach of express warranty. These are allegations in a complaint, not a court finding. TINA.org lists the case status as Pending. This entry is pending.
NAD #7059: modify or discontinue Ashwagandha Gummies efficacy claims
On May 25, 2022, the National Advertising Division recommended that Goli Nutrition Inc. modify advertising for its Ashwagandha Gummies to avoid conveying challenged implied product-efficacy claims, and modify or discontinue a qualified claim about KSM-66 Ashwagandha Root Extract and physical performance (if modified, the claim should include material information about the state of the evidence). NAD also recommended discontinuing unqualified sexual-function efficacy claims for the product; claims that KSM-66 Ashwagandha and vitamin D are clinically proven to provide weight-loss and weight-management benefits; establishment claims about KSM-66 Ashwagandha and sexual function or physical endurance, strength, muscle size, and overall physical performance; the claim "Ashwagandha = Nature's Aphrodisiac!"; and the claim that ashwagandha has been shown to increase testosterone levels, sperm motility, and sperm count in men. The claims, on social media, targeted email, and the product website, were challenged by Church & Dwight Co., Inc., maker of Vitafusion. During the proceeding Goli agreed to permanently discontinue several challenged claims, which NAD did not review on the merits, and NAD declined jurisdiction over certain claims in pending federal litigation. NAD found implied messages about the limited duration of Goli's sales were not misleading, and recommended modifying "limited supply" language. NAD concluded the influencer advertising does not convey the challenged implied material-connection messages. In its advertiser statement, Goli said it agrees to comply with NAD's recommendations while disagreeing with certain aspects of the decision. BBB National Programs' 2022 NAD annual report lists this decision as case #7059 (Goli Ashwagandha Gummies, May 2022).
NAD #7042 (Bragg): modify implied liquid-ACV health message; NARB finds the product name supported
On January 27, 2022, NAD determined that Goli Nutrition, Inc. supported express use of "Apple Cider Vinegar," "Vinegar," and "ACV" in the name of its Apple Cider Vinegar Gummies, and had a reasonable basis for "Taste the Apple, Not the Vinegar." NAD recommended Goli discontinue or modify advertising that conveys the unsupported message that the amount of ACV in the gummies is associated with the health benefits of traditional liquid ACV, including qualifying the product name in that advertising context, and recommended discontinuing the dosage statement "1 to 2 gummies 3x day" where it conveyed that the recommended dose provides the benefits of traditional ACV. The challenge was brought by Bragg Live Food Products, LLC. NAD declined jurisdiction over "the Mother" claims because they were the subject of pending litigation. During the proceeding Goli agreed to permanently discontinue "All of the Age Old Benefits of Traditional ACV" and claims that two gummies equal one dose of liquid apple cider vinegar; NAD did not review those discontinued claims on the merits. Goli said it would appeal. On April 27, 2022, a National Advertising Review Board panel, reviewing NAD Case No. 7042, determined the product name "Apple Cider Vinegar" is not literally false. Bragg had not submitted consumer research that the name alone misleads consumers about the amount of apple cider vinegar or any health benefits. The panel accepted NAD's assessment that Goli's ACV powder could be called an ACV ingredient. The NARB Chair declined to dismiss additional claims on jurisdictional grounds, and found the dosage recommendation on the package or in FAQs was not properly before the panel. Goli did not pursue its other merits issues, so the only merits issues the panel addressed were Bragg's cross-appeal. Goli said it was pleased the panel affirmed a reasonable basis for "Apple Cider Vinegar," "ACV," and "Vinegar" in the product name, and that it may continue to state the recommended daily serving on the label and in FAQ contexts.
NAD #6894: modify the B12 energy claim and discontinue folic-acid skin claims
On March 17, 2021, NAD recommended that Goli Nutrition Inc. modify its Apple Cider Vinegar Gummies claim "Vitamin B12 to help support energy production" so it is clear Goli is referring to cellular energy, and so the claim does not convey that consumers will feel a noticeable increase in energy or become more energetic. NAD also recommended discontinuing "Folic acid supports skin health," "B9 supports healthy skin," and "Folic acid for healthy skin." The claims were challenged by Pharmavite LLC, maker of Nature Made. During the proceeding Goli agreed to permanently discontinue the other claims at issue except those relating to heart health, energy, skin health, and immune function; after those remaining claims were modified, Pharmavite objected only to the B12 claim and the skin claims. NAD did not review the discontinued or unchallenged modified claims on their merits. In its advertiser statement, Goli said it will comply, while disagreeing with NAD's findings on folic acid and the message conveyed by the B12 claim. BBB National Programs' 2021 NAD annual report lists this Apple Cider Vinegar Gummies decision as case #6894 (March 2021).