The National Advertising Division (NAD) has upheld unit sales as the preferred measure for substantiating claims of being “#1” in sales, siding with Force Factor against Human Power of N Company (Humann), which challenged Force Factor’s claims about its beet supplement, Total Beets.
Human Power asserted that dollar sales should determine leadership, but NAD found that unit sales better reflect consumer perception of “#1” claims. Force Factor’s sales data showed it led in unit sales, which NAD confirmed was a reliable metric despite Humann’s argument.
NAD recommended that Force Factor clarify its claim of being the “#1 Beets Brand in America” by noting that it is based on unit sales, to which Force Factor agreed to comply. Overall, this decision reinforces NAD’s established standard for dietary supplements while recognizing exceptions where unit sales might not provide a valid comparison.
