A panel of the National Advertising Review Board referred Intervet, Inc. (d/b/a Merck Animal Health) to the Federal Trade Commission and the Food and Drug Administration for failure to comply with its recommendation to discontinue or modify express once-a-year dosing claims for its Bravecto Quantum flea and tick treatment for dogs.
Merck and Elanco Animal Health, Inc. market competing flea and tick protection products. In July 2025, the FDA approved Merck’s Bravecto Quantum as providing up to 12 months of protection against three tick species and 8 months of protection against the lone star tick species. In its advertising, Merck made claims conveying that one injection provides a full year of flea and tick protection. Elanco challenged these claims, arguing that they are misleading because they convey an unqualified “full year” message despite the 8-month limitation applicable to lone star ticks.
NAD recommended that Merck either discontinue its express once-a-year dosing claims or modify them to communicate the 8-month dosing interval for dogs with potential exposure to lone star ticks in the main claim. Merck appealed to NARB arguing that its claims are accurate and comply with FDA requirements.
NARB agreed with NAD that Merck’s express annual dosing claims are inaccurate and misleading as is. Among other things, Merck’s website advertising depictions do not distinguish between lone star ticks and the other species and, according to NARB, reinforce the impression that the dosing claim applies to all species depicted. NARB also found that the asterisk in Merck’s headline was not noticeable. The panel recommended that Merck discontinue its express once-a-year dosing claims or modify them to clearly communicate “up to” one year of protection in the main claim, accompanied by a clear and conspicuous disclosure in close proximity explaining that certain tick species require more frequent dosing under the FDA-approved indication. So, the panel deviated from NAD’s view that the qualification regarding the lone star tick must be in the main claim, finding that specific recommendation too prescriptive.
In its Advertiser’s Statement, Merck agreed to use a clear and conspicuous disclosure, in close proximity to the main dosing claim, conveying that Bravecto Quantum should be dosed every eight months when used to target lone star ticks. However, Merck declined to implement NARB’s recommended modification to the main claim, stating that it would require Merck “to approach tick claims differently than its competitors and unfairly restrict promotion of Bravecto Quantum’s first FDA-approved indication.” In light of this statement, NARB referred the matter to the FTC and FDA for possible enforcement action. Stay tuned!
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