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.”
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