September 9, 2026 By: Asa Waldstein

“#1” Pet Product Claims Attract NAD Scrutiny

Takeaway -

Support the exact claim consumers are likely to take away

A few weeks ago, I wrote about a “#1 Best Selling Beets Brand” NAD case. This week, let’s look at “#1” claims in the animal-product world.

This National Advertising Division (NAD) competitor challenge is about flea-and-tick products. Several claims were challenged, such as “#1 vet-recommended” active ingredients, “#1 Brand in Total Flea & Tick Solutions,” and “#1 Fastest Growing Flea & Tick Brand.”

NAD found that the company did support its “#1 vet-recommended active ingredients” messaging, as its survey evidence supported the narrow message that veterinarians recommend the combination of imidacloprid + flumethrin more than other flea-and-tick collar active-ingredient combinations.

This is a great example to show how narrow substantiation can support a narrow claim. The evidence supported the ingredient combination message, but it did not automatically substantiate that the company was the #1 brand or the best product.

NAD reached a different conclusion about the “#1 Brand in Total Flea & Tick Solutions” claim, finding that reasonable consumers may interpret “The #1 Brand” as an overall market-leadership claim. NAD found that the evidence did not support that broader takeaway.

The unqualified “#1 Fastest Growing Flea & Tick Brand” claim was also found to be unsupported, and NAD recommended discontinuing it or updating it to disclose what metric was measured, the time period, the sales channels, and whether the comparison was against all brands or only leading brands.

This is an important distinction.

Saying “#1 vet-recommended active ingredients” is not the same as “#1 brand.”

The key takeaway is that nuances matter, and claiming to be #1 of anything in a competitive market will invite extra scrutiny.

Read the NAD case summary here.

Disclaimer: The educational information provided here is for informational purposes only. Contact an attorney for specific legal advice. Rule #1 in compliance is to ensure marketing is truthful and not misleading.

Written by

Asa Waldstein
Asa Waldstein
Asa Waldstein is a 24-year veteran of the dietary supplement industry, with experience spanning manufacturing, marketing, and regulatory compliance. He is the principal of Apex Compliance, a software company dedicated to streamlining regulatory marketing compliance for the dietary supplement and natural products sectors. Asa also leads Supplement Advisory Group, a boutique consultancy focused on marketing risk analysis, labeling, and practical compliance strategies for websites and social media. Asa has helped oversee three FDA GMP inspections with no 483s and was honored with the 2023 AHPA Herbal Hero Award and the 2024 What's Up Supps Policy and Change Agent Award. He currently serves as Chair of the American Herbal Products Association’s (AHPA) Technology & AI Innovation Committee.