April 15, 2026 By: Asa Waldstein

Men’s Fertility Supplement Claims Challenged

Takeaway -

Advertising net impression is important to consider

Greetings from SupplySide Connect! If you are attending, please stop by booth #723 and say hello. We have some fun WLW stickers/pins for you! From my perspective, men’s fertility supplements are trending, and the NAD competitor challenge case underscores the importance of this market segment.

A large supplement company challenged claims that the One A Day Men’s Pre-Conception Health Complete Multivitamin supports healthy sperm and contains “powerful” antioxidants. The use of the term “complete multivitamin” was also challenged.

Unrelated example: Here is a hypothetical example of how imagery can shape net impression. We have all seen before-and-after ads, someone looking thinner, or someone who appears to have regrown hair. In the fertility context, imagine an ad showing a stressed-out man in the “before” image and the same man in the “after” image holding a happy baby. Even without an express claim, that kind of imagery could contribute to an implied fertility message. The broader point is that visuals, like words, can affect how consumers take away the overall message. A good rule is that if it feels “icky,” it probably does not belong in compliant advertising.

Let’s get back to the case.

From NAD case. “NAD found that the ingredient testing in the record did not support the challenged claims and recommended that … discontinue or modify these claims to avoid conveying the unsupported message that the Men’s Pre-Conception Health Complete Multivitamin will improve chances of conception or that it improves sperm health and viability.”

Asa Comments: It’s unclear what substantiating data was submitted but I find it surprising that ingredient testing in the record did not support the challenged “improved sperm health and viability” claim.

From NAD case. “With respect to … use of the term “complete multivitamin,” NAD concluded that, in the absence of extrinsic evidence demonstrating consumer confusion caused by the product name, it would not recommend a change to the product name.”

Asa Comments: This is interesting. If the challenger had offered focus group evidence or other consumer-perception data about how people understand the term “complete multivitamin,” NAD may have viewed the issue differently. To me, “complete multivitamin” suggests 100% DV for most vitamins and minerals, but that phrase may not mean the same thing to every consumer. What does “complete multivitamin” mean to you?

This is a good reminder that context matters. Directions, product naming, and corresponding fertility language can all shape net impression. Read the NAD decision summary

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.