PR: Sunset Health Participates in ERSP Forum; ERSP Finds Support for Certain Claims; Recommends Marketer Modify Certain Claims

The Electronic Retailing Self-Regulation Program (ERSP) has recommended that Sunset Health Products, Inc., marketer of the Hollywood Cookie Diet, the Hollywood 48-Hour Miracle Diet, the Hollywood 24-Hour Miracle Diet and the Hollywood 15-Day DeTox, modify or discontinue certain advertising claims for its products. ERSP determined that the marketer could support certain claims and noted that the marketer represented that it had voluntarily discontinued certain claims.

Advertising for the Sunset Health products came to the attention of ERSP – the direct-response industry’s self-regulatory forum, through a consumer challenge.

Based on the challenger’s submission and a review of the broadcast and online advertising for the Hollywood Diet, ERSP identified the following core representations that served as the basis of the self-regulatory inquiry:

1. The Hollywood Cookie Diet:

Consumer/Testimonials

• “I lost 30 pounds in 2 months just using The Hollywood Cookie Diet!” [Tad A, Fort Wayne, Indiana]
• “I had tried every diet in the book. After 7 weeks on the Hollywood Cookie Diet, I achieved my goal weight, losing 14 pounds! I’m over the moon, thank you!” [Cataline L, London England]
• “I lost 42 pounds on the Hollywood Cookie Diet.” [Jim L, Port St. Lucie, FL]
• “I lost 5 pounds in 3 days on the Hollywood Cookie Diet.” [Debbie L, Stamford, CT]
• “I’m 82 and I have lost 66 pounds. I’m the envy of all my friends at my retirement home. My doctor loves The Hollywood Cookie Diet.” [Mary Ann S, Wahoo, NE]
• “I lost 21 pounds in 13 days. I feel great and I don’t even feel hungry after eating the cookies.” [Joe S, Ozone Park]
• “I lost 7 pounds in 2 weeks. I travel extensively, so this is a really great option for me. I feel better about myself already!” [Joanne S]

2. The Hollywood 48-Hour Miracle Diet:

Performance Claim

• “Lose up to 10 pounds in 48 hours. Success is only 48 hours away. Lose weight naturally, while you detox, cleanse and rejuvenate your body. An ideal jumpstart to any diet.”

Superiority Claim

• “America’s # 1 liquid diet”

 Establishment Claim

• “Clinically tested”

 3. The Hollywood 24-Hour Miracle Diet

Performance Claims

• “Lose up to 5 pounds in 24 hours! Success is only a day away. Lose weight naturally, while you detox, cleanse and rejuvenate your body. An ideal jumpstart to any diet.”
• “…#1 selling detox diet in the world!”

 4. The Hollywood 15-Day Detox

Performance Claims

• “When was the last time you gave your body an internal cleansing? Get rid of 5-10 lbs of toxic waste in your digestive system."
• “The Hollywood 15 Day Detox is designed to cleanse the body while easily integrating with your daily routine.”

Following its review of the evidence in the record, ERSP recommended that Sunset Health qualify consumer testimonials for the Hollywood Cookie Diet to reflect the evidence in the record – that after two weeks on the Hollywood Cookie Diet the average amount of weight loss was approximately six pounds. ERSP noted in its decision that any consumer representation inconsistent with that amount “must be accompanied by a qualification that provides information pertaining to the marketer’s support for ‘typical’ or average results.”

ERSP determined that the testing evidence provided by Sunset Health provided a reasonable basis for the claims that its Hollywood 48-hour Miracle Diet has been “Clinically tested” and that users of the 48-Hour Miracle Diet can “Lose up to 10 pounds in 48 hours…” 

ERSP noted that the advertiser had included disclosure language that stated “In a randomized, double-blind, placebo-based clinical trial of the Hollywood 48-Hour Miracle Diet 73.3% of the thirty (30) subjects lost 6 pounds or more and 13.3% lost 10 pounds or greater,” but recommended that the triggering claim – “Lose up to 10 pounds in 48 hours…” – should be accompanied by a symbol to alert consumers to the disclosure.

Regarding the Hollywood 24-Hour Miracle Diet, ERSP determined that the advertiser could support the claim “Lose up to 5 pounds in 24 hours...” ERSP noted that the marketer voluntarily discontinued the claim “America’s # 1 liquid diet.”

Finally, regarding the Hollywood 15-Day Detox, ERSP determined that the statement “The Hollywood 15 Day Detox is designed to cleanse the body while easily integrating with your daily routine” would not create any specific product performance expectations that could be relied on by consumers.

ERSP further noted that the marketer represented it would permanently discontinue the claim “When was the last time you gave your body an internal cleansing? Get rid of 5-10 lbs of toxic waste in your digestive system.”

Sunset Health Products, in its marketer’s statement, said it “supports the mission of the National Advertising Review Council’s Electronic Retailing Self Regulation Program.”

“We appreciate the recommendations made by the ERSP and have either already implemented or are in the process of implementing each of such recommendations,” the marketer said.