Atlanta–(Business Wire–Genexa Inc. (“Genexa”), the first company to make a drug with the same active ingredients used by big pharma—but without any artificial fillers—is appealing an unfair, adverse ruling by the National Advertising Division (“NAD”) Better Business Bureau. The NAD’s reversal ruling arose out of a challenge by Johnson & Johnson Consumer, Inc. (“Johnson & Johnson”) objecting to Genexa’s claims regarding its own ingredients versus competitors’ ingredients.
The following statements and opinions are attributed to Genexa Inc.
Johnson & Johnson, among other competitors, doesn’t want consumers to know the truth about conventional OTC pain and fever medications. The truth is that just because the FDA approves an ingredient for use in small doses, doesn’t mean it’s safe for use in large doses. The truth is that none of us know the long-term effects of all the different artificial sweeteners and other ingredients our loved ones consume. The truth is that titanium dioxide was banned in food by the European Union last year but is present in common OTC drugs.1 The truth is that some countries require warning labels on baby food products containing artificial colors.2 The truth is that pediatricians will prefer Genexa Children’s Pain and Fever Medicine over Children’s Tylenol for their own children, based on the ingredients involved.3
The NAD’s recommendations were misguided from start to finish. First, Genexa is entitled to tell the public that pediatricians prefer Genexa Children’s Pain and Fever Medicine for their own children based on ingredients over comparable children’s Tylenol products. Genexa conducted a national survey of children aged 2 to 11 years conducted by a highly reputed research organization. The study asked pediatricians to look at all the ingredients in Genexa Children’s Pain and Fever as well Children’s version of Tylenol liquid pain + fever medicine and answer a question: “Which product would you prefer for your own children?” The results overwhelmingly showed that a large majority of pediatricians preferred Genexa’s products. Although we disagree with the NAD’s conclusion, we are satisfied that the NAD ruled that based on the results of the survey, the Genexa advertisement may give that pediatricians prefer the pediatric pain and fever ingredients of Genexa over comparable products in pediatric Tylenol.
Additionally, the NAD erred in its ruling regarding Genexa’s educational advertising that addressed the factual characteristics of Tylenol’s ingredients. The NAD opined that by presenting such information, Genexa may lead a person to believe that medicines containing such ingredients may be harmful to them. The NAD’s rationale for doing so appeared to be based on the facts that the FDA allows these ingredients in drugs and Genexa has not submitted any scientific evidence that suggests such ingredients could be harmful to humans. The NAD simply made an error in its characterization of the record. Genexa actually submitted scientific evidence from highly reputable medical researchers demonstrating that some of the inactive ingredients that are commonly used in our medicines and approved by the FDA, may be harmful to humans.4
Genexa stands behind each of its challenged claims and looks forward to appealing the NAD’s decision to the National Advertising Review Board.
Founded in 2016 by two fathers on a mission to revolutionize the medicine aisle, Genexa makes medicines with the ingredients people need, but not without artificial ingredients. Genexa believes that people deserve real choices. That’s why their business is built on a commitment to putting people above all else. All of Genexa’s products are formulated to the highest medicinal standards with no artificial colors, common allergens or unnecessary inactive ingredients. This is real medicine, cleansing. Committed to innovation at every turn, Genexa was recently named to Fast Company’s prestigious list of the world’s most innovative companies in 2022. Learn how Genexa is putting people in their everything, above everything, at Genexa.com.
1 Commission Regulation (EU) 2022/63 of 14 January 2022 amending Annexes II and III to Regulation (EC) No 1333/2008 of the European Parliament and of the Council concerning the food additive titanium dioxide (E 171)  OJ L 11/1
2 European Parliament. (July 7, 2008). Modernizing labeling rules for food additives and azo dyes [Press release]. https://www.europarl.europa.eu/RegData/presse/pr_info/2008/EN/03A-DV-PRESSE_IPR(2008)07-07(33563)_EN.pdf
3 FRC, A Lieberman Company National Survey, Pediatrician Preferences, Spring, 2021
4 Recker et al., “Inactive” Ingredients in Oral Medicines, Science Translational Medicine 11 eau6753 (2019); Yu and Guo, Non-caloric artificial sweetener exhibits antimicrobial activity against bacteria and promotes bacterial evolution of antibiotic tolerance, Journal of Hazardous Materials 433 (2022) 128840.