NAD referred Kramer Laboratories to the Federal Trade Commission after Kramer Labs declined to follow NAD's recommendation to discontinue the use of the product name, "Fungi-Nail Toe & Foot." Kramer had agreed to follow NAD's recommendation, however, to modify its advertising to clearly convey that its product treats athlete's foot, not toenail fungus.
According to the FTC's closing letter, Kramer has discontinued the claims that its product works fast, kills fungus on contact, and stops tough infections. The FTC also wrote that, after the FTC referral, Kramer modified its product packaging, television commercials, and websites to clarify that the product treats athlete's foot, not toenail fungus. Some of the additional changes that Kramer made include:
- Modifying toenail graphics to depict a healthy nail with a fungal infection on the skin surrounding the nail or between the toes, with a user applying the product to the infected skin, not the nail.
- Adding in bold print on the front panel of the packaging, "CURES Most Athlete's Foot."
- Putting on the front panel of the packaging, over an image of an infected toe, a red call-out box containing the language, "STOPS SKIN FUNGUS AROUND NAILS."
- Adding on the side of the packaging, under the image of the product being applied between a user's toes, "Not for nail or scalp fungus."
Kramer also told the FTC that, although it does not work with affiliate marketers, it has reached out to Amazon affiliates who sell its product to provide the updated packaging.
The FTC fully supports the NAD's self-regulatory process, and we appreciate your referral and the opportunity to continue to assist in supporting the NAD.