There was no lawsuit against First Day vitamins. What people sometimes call the First Day vitamins lawsuit was actually a 2021 advertising challenge before the National Advertising Division (NAD), which ended with the company permanently dropping claims that its kids’ multivitamin could reduce hyperactivity, tantrums, and behavioral problems in children.1PR Newswire. First Day Life Permanently Discontinues Certain Advertising Claims for Daily Enrichment Multivitamin Following National Advertising Division Challenge
Who Brought the Challenge and Why
The Council for Responsible Nutrition (CRN), a trade association representing the dietary supplement industry, filed the challenge over how First Day marketed its “Daily Enrichment Multivitamin” for kids. CRN argued the advertising claims lacked credible scientific support.1PR Newswire. First Day Life Permanently Discontinues Certain Advertising Claims for Daily Enrichment Multivitamin Following National Advertising Division Challenge
The NAD is not a government agency and cannot impose fines. It is the investigative arm of BBB National Programs, an industry self-regulatory body that has reviewed advertising disputes since 1971. Companies participate voluntarily. If an advertiser refuses to comply, the NAD refers the matter to the Federal Trade Commission, which gives those referrals priority treatment.2BBB National Programs. National Advertising Division No FTC action or other federal agency involvement has been reported in connection with the First Day matter.3NutraIngredients. Multivitamin Marketer Agrees to Cease ADHD Treatment Claims
The Claims First Day Had to Drop
The challenged advertising told parents that “millions of kids in the US are hyperactive” because of nutritional deficiencies that “create chemical imbalances,” and that First Day’s vitamins could “improve their behavioral development.” One ad promised moms a “tantrum free day” for Mother’s Day. Another promoted a “30-day kid’s vitamin challenge,” suggesting the product could help with picky eating, irritability, and distractibility.3NutraIngredients. Multivitamin Marketer Agrees to Cease ADHD Treatment Claims
Parent testimonials carried the same message. One quoted a parent saying their six-year-old “has done a complete 180 on his behavior” and that “his brain doesn’t feel like its buzzing anymore.” A Facebook sponsored post urged parents to “End Mealtime Battles.”1PR Newswire. First Day Life Permanently Discontinues Certain Advertising Claims for Daily Enrichment Multivitamin Following National Advertising Division Challenge
The NAD found that First Day had not conducted any testing on the product itself. Without that evidence, the ads conveyed unsupported messages: that the multivitamin could eliminate tantrums, hyperactivity, or lack of focus, in some cases within a specific timeframe like 30 days.1PR Newswire. First Day Life Permanently Discontinues Certain Advertising Claims for Daily Enrichment Multivitamin Following National Advertising Division Challenge
On April 8, 2021, First Day informed the NAD that it had permanently discontinued all of the challenged claims and testimonials. The company said it “respects the self-regulatory process and intends to comply with the NAD’s recommendations,” while adding that it “respectfully disagrees” with the NAD’s findings regarding certain discontinued sponsored posts.1PR Newswire. First Day Life Permanently Discontinues Certain Advertising Claims for Daily Enrichment Multivitamin Following National Advertising Division Challenge
What First Day Could Still Say
The NAD clarified that First Day could continue marketing the multivitamin as a way to fill nutrient gaps in children’s diets, which is standard positioning for supplements. What the company could not do was tie those nutrient-gap claims to changes in children’s behavior.3NutraIngredients. Multivitamin Marketer Agrees to Cease ADHD Treatment Claims
How First Day Markets Its Vitamins Now
First Day’s current marketing has shifted but has not left behavioral and cognitive territory entirely. The company sells a “Brain Support” supplement line marketed for “focus, memory, and mental clarity,” with versions for kids, teens, women, and men.4First Day. First Day Homepage The kids’ multivitamin is described on the company’s website as providing “daily nutrition to support mood & behavior,” and the teen multivitamin page markets the product as “The Science-Backed Vitamin for Grumpy, Tired, or Unfocused Teens,” citing internal customer survey data that 83% of customers say the vitamins support their child’s “overall behavior.” The teen multivitamin page carries a standard FDA disclaimer stating the product “is not intended to diagnose, treat, cure or prevent any disease.”5First Day. Multi Behind the Science Customer testimonials on the site still reference behavioral changes in children, including a 2026 review describing a 13-year-old having “a lot less of his outbursts than we used to.”6First Day. Women’s Daily Focus Brain Support
Whether current marketing would face the same scrutiny the 2021 claims did is an open question. The NAD can initiate or receive new challenges at any time, and the FTC applies the same substantiation standards the NAD uses when evaluating supplement advertising.