ERSP Reviews Advertising for Arthri-D3; Finds Marketer Could Support Certain Performance Claims

The Electronic Retailing Self-Regulation Program (ERSP) has recommended that Blue Vase Marketing modify or discontinue certain advertising claims for the company’s Arthri-D3 dietary supplement. ERSP determined that the company could support claims that Arthri-D3 can help relieve the pain osteoarthritis.

ERSP, which reviews core claims in direct-response advertising, examined broadcast and Internet advertising for the product and reviewed performance claims, comparative claims and claims made through testimonials.

ERSP noted in its decision that the marketer, prior to receipt of ERSP’s initial inquiry, had “voluntarily removed the testimonials ERSP identified” and would revise any future advertising in a manner that adheres to the Federal Trade Commission’s guidance regarding the use of endorsements and testimonials in advertising.

In addition, the marketer advised ERSP that it has also either modified or discontinued the following comparative and general performance claims:

• "Superior ingredients and manufacturing yield a superior supplement.” and “Arthri-D3™ is produced in the United States of America in a superior manufacturing facility that adheres to the highest quality standards."
• "What's not to like about better, faster, all-natural results?"; "…I’ve tried all the natural products out there, the glucosamines, the chondroitins, nothing seemed to work." [Jim Shriner, online video] 
• "Start feeling better today."

Arthri-D3 is a dietary supplement for joint and pain relief that combines N-Acetyl-Glucosamine (NAG) with vitamin D3 and several key plant extracts. The formula is marketed to support the structure and function of joints and the advertising is targeted to people suffering from symptoms of osteoarthritis and the degradation of joints, including articular cartilage and subchondral bone.

The marketer did not provide ERSP with testing on the product itself. Instead, the marketer relied on testing conducted on glucosamine, the product’s primary ingredient.

ERSP concluded that the marketer provided a reasonable basis for claims touting the joint health benefits of glucosamine and its role in relieving the pain of osteoarthritis, but recommended the marketer modify or discontinue claims that suggest consumers will derive an immediate benefit from use of the product.

ERSP determined that the marketer’s evidence was not sufficient to support the claim that Arthri-D3 provides effective pain relief for rheumatoid arthritis,

fibromyalgia or gout and recommended the market discontinue such claims in future advertising.

ERSP further recommended that the marketer discontinue its claim that Arthri-D3 can “re-build … cartilage.”

ERSP noted that the advertising at issue included statements suggesting that NAG is a superior form of glucosamine as compared to the other types of glucosamine commonly found in comparative products. However, in the absence of supporting evidence, ERSP cautioned Blue Vase about disseminating comparative efficacy claims about NAG versus glucosamine sulfate and glucosamine HCL.

Finally, ERSP addressed the omission of a clear and conspicuous disclosure that Jim Shriner, an expert endorser, was remunerated for his appearance in infomercial advertising. Although a super discloses that information at the start of the infomercials, the super is not repeated at any time during the 30-minute broadcast. ERSP recommended the advertiser repeat the disclosure throughout the program.

While the marketer took issue with certain of ERSP’s finding, the company said that it would “take ERSP’s recommendations under advisement for all current and future advertising.”

ERSP Reviews Advertising for Heart Factors Plus; Marketer discontinues claims

The Electronic Retailing Self-Regulation Program (ERSP) has determined that Chamonix has provided adequate support for certain claims made in direct-response advertising for “Heart Factors Plus,” a dietary supplement intended for cardiovascular health. The marketer voluntarily discontinued several claims that were the subject of the ERSP inquiry.

ERSP, the electronic direct-response industry’s self-regulatory forum, is administered by the Council of Better Business Bureaus (CBBB) with policy oversight by the National Advertising Review Council (NARC).

The marketer’s advertising came to the attention of ERSP pursuant to its ongoing monitoring program.

ERSP reviewed broadcast and online advertising for Heart Factors Plus and identified several claims for review, including:

• “But did you know that Arginine can also improve your mood as well as your memory?”
• “…many customers notice a boost in their intimate relationships after just 1 day!”
• “…in just days you can feel the incredible health benefits.”
• “With Heart Factors Plus, it’s 100% natural so there’s no side effects as long as you take the recommended dosage.”
• “As a result, arginine can actually treat high cholesterol and high blood pressure and, essentially, help prevent heart disease.”
• “The miracle amino acid shown to help: normalize blood pressure levels, improve male sexual intimacy, [and] improve male sexual function.”
• \'In the spring, I was at 134/93, ON MEDICATION. Today, my blood pressure is 120/82, and I'm off the meds.” [John R, Hillsborough, NJ] 
• “The magic bullet for the cardiovascular system for its ability to produce Nitric Oxide, which helps lower blood pressure, lower cholesterol and prevent heart disease.” [Columbia University]

At the outset of the inquiry, the marketer indicated that it had voluntarily discontinued many of the performance and establishment claims at issue.

As support for the remaining performance and establishment claims, Chamonix submitted a number of studies regarding arginine, the primary ingredient in Heart Factors Plus. After reviewing the case record, ERSP agreed that the marketer provided a reasonable basis for claims that arginine “can meaningfully contribute to the maintenance of cardiovascular health.” However, ERSP recommended Chamonix refrain from making claims referencing the improvement of short-term memory, the treatment of specific conditions such as erectile dysfunction, and the amount of time in which the supplement can work.

Although it found the evidence supported claims that arginine can “normalize blood pressure levels, improve male sexual intimacy, [and] improve male sexual function,” ERSP recommended that the marketer modify or discontinue the other establishment claims that were the subject of the inquiry.

During the inquiry, Chamonix voluntarily removed one of the testimonials (“The magic bullet for the cardiovascular system for its ability to produce Nitric Oxide, which helps lower blood pressure, lower cholesterol and prevent heart disease”) in question. Since no reliable evidence was produced indicating that Heart Factors Plus will remove arterial plaque, ERSP recommended the marketer discontinue testimonials describing the elimination or reduction of specific health conditions.

The company, in its marketer’s statement, said, “Chamonix will make appropriate adjustments to its advertising for Heart Factors Plus consistent with ERSP’s recommendations.  We value and support industry self-regulation, and we welcome ERSP’s decision regarding advertising for Heart Factors Plus.”

ERSP Reviews Advertising for Nopalea; Recommends Marketer Modify, Discontinue Claims

The Electronic Retailing Self-Regulation Program (ERSP) has recommended that TriVita, Inc., modify or discontinue certain claims made in direct response advertising for “Nopalea,” a dietary supplement made from cactus fruit juice.

ERSP, the electronic direct-response industry’s self-regulatory forum, is administered by the Council of Better Business Bureaus (CBBB) with policy oversight by the National Advertising Review Council (NARC).

The marketer’s advertising came to the attention of ERSP pursuant to its ongoing monitoring program.

ERSP reviewed broadcast and online advertising for Nopalea and reviewed the following core performance claims:  

• "Daily use helps your body: Reduce inflammation, Detoxify, Achieve optimal cellular health, [and] Protect against premature aging.”; “Reduce swelling in joints and muscles”
• "Scientific research shows that Betalains help to: Reduce the risk of blood clots... reduce bad cholesterol... protect cells from toxins... protect your liver.”
• “Finding: Nopalea promotes optimum cellular health, helps reduce inflammation, helps detoxify poisons, helps protect against premature aging, provides blood sugar stability and helps reduce inflammation.”
• “Nopalea delivers scientifically proven health benefits.” and “Nopalea harnesses the power of this desert superfruit and its belatains to bring you scientifically proven health benefits.”
• “Want even more reasons to drink Nopalea? Scientific research shows that Nopalea also helps the body to: Increase Energy, Boost the immune system, Protect against fluid retention, Neutralize free radicals”
• “Best of all, Nopalea helped my body reduce inflammation as shown on my C-Reactive Protein test. Prior, the score was 1.3, but since Nopalea, it is down to just barely over zero – it decreased one full point.”

As support for performance and establishment claims, TriVita submitted a number of scientific studies on Nopalea’s main ingredient, Opuntia ficus indica (Nopal cactus).

While ERSP did not dispute that the studies provided useful information about the primary ingredient in Nopalea, the evidence did not support express claims regarding specific health conditions. ERSP recommended the marketer modify or discontinue the performance claims at issue.

ERSP noted that there have been no clinical studies on the product and the evidence provided does not support claims that Nopalea will alleviate or eliminate specific health conditions. ERSP recommended the marketer discontinue testimonials describing specific health conditions. Further,  ERSP recommended that TriVita add a clear and conspicuous disclosure describing the relationship between TriVita and its “members.”

“The fact that the some of the consumer testimonials are made by people who receive commission on the sale of the product might materially affect the weight and credibility of the representation as interpreted by consumers and, as such, should be clearly and conspicuously disclosed in the advertising,” ERSP stated.

The company, in its marketer’s statement, noted that clinical trials of the product are underway. The company said it “…takes great care to truthfully and accurately advertise its products.  Although the Company certainly disagrees with certain conclusions of ERSP, it has and will continue to cooperate with ERSP and make appropriate modifications to its advertising.”