NEW YORK, December 21, 2021 / PRNewswire / – The National Advertising Division (NAD) of National BBB Programs has determined that certain advertising claims made by Cryo-Cell International, Inc. reasonably convey the unsubstantiated message that families should engage the storage services of advertiser’s cord blood to ensure access to advertised cord blood infusion therapy. Therefore, NAD recommended that Cryo-Cell end these claims or change its advertising to avoid conveying the message that consumers have exclusive or superior access to the cord blood infusion treatments advertised by choosing Cryo-Cell. for storage services.
The advertisement in question was disputed by ViaCord, LLC, a competing cord blood bank service provider.
The disputed allegations, which appeared on the advertiser’s website, included express allegations stating:
“This partnership will benefit families who store with Cryo-Cell by allowing them first and foremost access to infusion treatments which are currently only performed at duke university to treat autism, cerebral palsy and other neurological diseases in accordance with the extended access rights granted to the FDA Duke. “
“What sets us apart – Key partnerships – Patients will have access to experimental therapies for certain conditions through our partnership with duke university.
“In addition, families will benefit from access to experimental therapies thanks to the arrival of a new infusion clinic, expected in January 2022. “
“Access to treatment” – Cryo-Cell “[w]It will provide families with expanded treatment options under an FDA-approved IND for cord blood stem cell therapy. “
“New treatment possibilities: access innovative and quality care. “
“Access to innovative treatments”
“Widespread benefits for patients… access to treatment in clinical trials… accelerated participation… fundamentally important in providing access to therapy before the child exceeds the number of cells available for treatment. “
“ALL CORD BLOOD BANKS ARE NOT EQUAL… key partnerships”
ViaCord also disputed the implied claims that:
Storage of cord blood with Cryo-Cell provides consumers with exclusive and / or better access to treatment than storage with other cord blood banks.
Such access is due to the fact that competitors lack “key partnerships” related to such treatments.
The advertiser offers services relating to the preservation, storage and transport of cord blood stored on behalf of families for possible future medical use. Prospective parents who choose to do a cord blood bank with a private bank such as Cryo-Cell register with the bank before the birth of their child. The bank helps facilitate blood collection at the time of birth and the blood is then immediately couriered to a facility where it is then processed and stored.
duke university holds a patent on methods of treating autism with cord blood and has granted Cryo-Cell an exclusive license to practice these methods of treatment. Clinical trials with cord blood as a treatment for autism and other neurological disorders are being conducted by Dr. Joanne kurtzberg at duke university under the FDA’s Extended Access Protocol (EAP). The cord blood used in these tests comes from many cord blood banks, including ViaCord and Cryo-Cell. Cryo-Cell plans to open a clinic in 2022 to provide infusion therapy to patients under patent license and EAP in order to advance regenerative therapy research and “provide better access to de new cell therapies using cord blood and umbilical tissue to treat conditions “. such as autism, cerebral palsy and other neurological disorders. “
Cord blood banks and cord blood treatments are separate services. Families who have kept cord blood in an FDA-compliant bank are free to use that blood for treatments offered by any treatment provider, regardless of where the blood is stored. Cord blood used for treatment is often transferred from the bank to an infusion center, even within the same facility, where it must be processed according to the required protocols.
NAD has determined that a takeaway from the context of the contested advertisement, about an audience of expectant parents pressed for time to make an important decision about health care for their family, is to hire the service of advertiser’s cord blood storage to ensure access to advertised cord blood infusion therapy.
NAD found that the advertiser did not substantiate the reasonably conveyed message that Cryo-Cell storage clients have exclusive access to processing. The Advertiser has also failed to demonstrate that Cryo-Cell customers have “better” access to treatment than families who store cord blood in a different bank in the sense that Cryo-Cell storage customers are at risk of. lose access to treatment because they store their cord blood elsewhere.
NAD recommended that the advertiser cease the contested claims or modify its advertising to avoid conveying the message that consumers have exclusive or superior access to the cord blood infusion treatments advertised by choosing Cryo-Cell for the services of storage. NAD noted that the advertiser may make this change by clearly and conspicuously disclosing that use of Cryo-Cell’s storage services will not affect eligibility for treatments, or, by modifying their website to separate its claims related to exclusive benefits for Cryo-Cell customers and access to treatments available to all eligible patients.
Finally, NAD noted that nothing in its decision prevents the advertiser from making truthful and not misleading claims about any convenience benefit for Cryo-Cell storage customers when accessing cord blood or cord blood treatments. advertise the exclusive license it has with duke university and the treatments that may be available to eligible patients as a result.
In its announcer statement, Cryo-Cell said that it “agrees to comply with the recommendations of the NAD” and that it “will indeed provide additional information indicating that access to treatments at the Cryo-Cell Institute for Cellular Therapies, including treatments exclusively licensed by Cryo-Cell with duke university and the FDA’s extended access protocol, will be available to all eligible patients, including those whose cord blood is stored with another cord blood storage provider. “
All BBB Country Program case decision summaries are available in the Case Decision Library. For the full text of the NAD, NARB and CARU decisions, subscribe to the online archives.
About National BBB Programs: National BBB programs are where businesses turn to build consumer confidence and consumers are heard. The nonprofit is creating a level playing field for businesses and a better experience for consumers through the development and delivery of effective third party accountability and dispute resolution programs. Assume its role as an independent organization since the restructuring of the Council of Better Business Bureaus in june 2019, BBB National Programs now oversees over a dozen national industry self-regulatory programs and continues to evolve its work and increase its impact by providing business advice and encouraging best practices in areas such as advertising, marketing to children and privacy. To learn more, visit bbbprograms.org.
About the National Advertising Division: The National Advertising Division (NAD) of the BBB’s National Programs provides independent self-regulatory and dispute resolution services, guiding the truthfulness of advertising across the United States. consumer protection and level the playing field for businesses.
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