ATLANTA–(BUSINESS WIRE)–Genexa Inc. (“Genexa”), the first ever company to make medicine with the same effective active ingredients used by big pharma—but without any of the artificial fillers—is appealing a wrongful, adverse ruling by the National Advertising Division (“NAD”) of the Better Business Bureau. NAD’s misguided ruling stemmed from a challenge by Johnson & Johnson Consumer, Inc. (“Johnson & Johnson”) that objected to Genexa’s claims regarding its own ingredients versus competitors’ ingredients.
The following statement and opinions are attributed to Genexa Inc.
Johnson & Johnson, among other competitors, does not want consumers to know the truth about conventional OTC pain and fever medications. The truth is that just because the FDA approves of an ingredient to be used in small doses, that does not mean it is safe for use in large doses. The truth is that none of us know the long-term impact of all the assorted artificial sweeteners and other ingredients our loved ones ingest. The truth is that titanium dioxide was banned in foods by the European Union last year but remains present in conventional OTC medicines.1 The truth is that certain countries require warning labels on kids’ food products containing artificial dyes.2 The truth is that pediatricians would prefer Genexa Kids’ Pain & Fever medicine over Children’s Tylenol for their own children, based on the respective ingredients.3
NAD’s recommendations were misguided from beginning to end. First, Genexa is entitled to tell the public that pediatricians prefer Genexa Kids’ Pain & Fever medicine for their own children, based upon the ingredients, over Children’s Tylenol’s comparable products. Genexa commissioned a national survey—conducted by a highly reputable research company—of pediatricians with children between the ages of 2 and 11. The survey asked pediatricians to look at the ingredients contained in Genexa Kids’ Pain & Fever as well as the ingredients in all versions of Children’s Tylenol liquid Pain + Fever medicines and answer one question: “Which product would you prefer for your own children?” The results overwhelmingly showed that a large majority of pediatricians preferred Genexa’s product. Although we disagree with the NAD’s conclusion, we are pleased that the NAD ruled that based upon the survey results, Genexa can advertise that pediatricians prefer Genexa’s Kids’ Pain & Fever’s ingredients over those in Children’s Tylenol’s comparable products.
Additionally, NAD erred in its ruling with respect to Genexa’s educational advertising that addresses factual attributes of Tylenol’s ingredients. NAD opined that by pointing out such facts, Genexa might lead a person to believe that medicines containing such ingredients could be harmful to them. NAD’s reasoning in doing so seemed to be premised upon the facts that the FDA permits these ingredients in medicines and that Genexa didn’t submit any scientific evidence illustrating that such ingredients could be harmful to people. The NAD simply made an error in its characterization of the record. Genexa did indeed submit scientific evidence from highly reputable medical researchers demonstrating that some of the inactive ingredients commonly used in our medicines, and permitted by the FDA, can be harmful to people.4
Genexa stands behind each and every one of its challenged claims and looks forward to appealing NAD’s decision to the National Advertising Review Board.
Founded in 2016 by two dads on a mission to revolutionize the medicine aisle, Genexa makes medicine with the same active ingredients people need, but without the artificial ones they don’t. Genexa believes people deserve real choices. That’s why their business is built on the commitment to put people over everything. All Genexa’s products are made to the highest standards of medicine with no artificial dyes, common allergens, or unnecessary inactive ingredients. It’s real medicine, made clean. With a commitment 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 over everything, in everything they do, 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 as regards the food additive titanium dioxide (E 171)  OJ L 11/1
2 European Parliament. (July 7, 2008). Modernising the rules on food additives and labeling of 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 Reker et al., “Inactive” Ingredients in Oral Medications, Science Translational Medicine 11 eaau6753 (2019).; Yu and Guo, Non caloric artificial sweeteners exhibit antimicrobial activity against bacteria and promote bacterial evolution of antibiotic tolerance, Journal of Hazardous Materials 433 (2022) 128840.