National Advertising Division Refers ViiV Healthcare’s DOVATO HIV Medication Claims to FDA and FTC for Review

New York, NY – April 27, 2023 – The National Advertising Division (NAD) of BBB National Programs has referred advertising claims made by ViiV Healthcare Company for its DOVATO^® single-tablet HIV treatment medication to the U.S. Food and Drug Administration (FDA) and Federal Trade Commission (FTC) after the company informed NAD that it would not participate in the NAD self-regulatory process with respect to the challenged claims.

ViiV’s claims about its DOVATO medication, which appeared in multichannel advertising, were challenged by Gilead Sciences, Inc., manufacturer of Biktarvy^®, a competing HIV medication.

Gilead challenged express and implied health-related claims that DOVATO is superior to Biktarvy because it contains less medicine, does not contain tenofovir alafenamide (TAF), and is less likely to adversely impact patients’ renal, lipid, and weight profiles.

ViiV did not submit a substantive response, but instead informed NAD that it would not participate in NAD’s self-regulatory process because it believes FDA is best positioned to assess the appropriateness of these prescription drug claims.

NAD frequently reviews advertising claims for FDA-regulated products, including pharmaceuticals.

Considering ViiV’s decision to not participate in the NAD self-regulatory process, NAD has referred the matter to the FDA and FTC for review and possible enforcement action.

All BBB National Programs case decision summaries can be found in the case decision library. For the full text of NAD, NARB, and CARU decisions, subscribe to the online archive.

About BBB National Programs: BBB National Programs, a non-profit organization, is the home of U.S. independent industry self-regulation, currently operating more than a dozen globally recognized programs that have been helping enhance consumer trust in business for more than 50 years. These programs provide third-party accountability and dispute resolution services that address existing and emerging industry issues, create a fairer playing field for businesses, and a better experience for consumers. BBB National Programs continues to evolve its work and grow its impact by providing business guidance and fostering best practices in arenas such as advertising, child-and-teen-directed marketing, data privacy, dispute resolution, automobile warranty, technology, and emerging areas. To learn more, visit bbbprograms.org.

About the National Advertising Division: The National Advertising Division (NAD) of BBB National Programs provides independent self-regulation and dispute resolution services, guiding the truthfulness of advertising across the U.S. NAD reviews national advertising in all media and its decisions set consistent standards for advertising truth and accuracy, delivering meaningful protection to consumers and leveling the playing field for business.