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Wednesday, December 14, 2011

ERSP Recommends Creative Product Solutions Modify Advertising Claims for Reduxx TrimSuit; Finds Advertiser can Support Certain Performance Claims

The Electronic Retailing Self-Regulation Program (ERSP) has recommended that Creative Product Solutions modify consumer testimonials in advertising for the “Reduxx TrimSuit.” ERSP determined that the marketer could support certain performance claims for the weighted exercise suit.

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 Reduxx TrimSuit and identified several claims for review, including:
  • “Just wear it and lose weight!” and “You don't have to change what you do - Just change into the TrimSuit!”
  • “The REDUXX TrimSuit will intensify all activities, causing your muscles to put in the overtime and burn calories at a faster rate.”
  • “Enhances athletic performance,” “Increased endurance,” and “Improves your overall health.”
  • “The Reduxx TrimSuit is proven to enhance your weight loss, athletic performance and over all health and well being.”
  • “I lost 7 pounds wearing the TrimSuit,” “I lost 22 pounds,” “I've lost 15-20 pounds,” “135 pounds in the last year,” ”Lost those last 8 pounds,” ”I wore the TrimSuit and lost 35 pounds,” and “From a 60" waist to a 36" waist.” [Infomercial testimonials]
Creative Product Solutions submitted a study conducted on the Pro Powersuit, a prototype for the Reduxx TrimSuit. The results showed significant increases in calorie burn for those wearing the Pro Powersuit as compared to those not wearing any weighted exercise suit. ERSP found no significant differences between the prototype and the current product, the Reduxx TrimSuit. The marketer also noted that weighted exercise suits are used by athletes as increasing weight/resistance while training can help to improve endurance, strength, and stamina. ERSP found the evidence submitted to be sufficient to support the performance claims made in the advertising.

However, ERSP found that consumer testimonials featured quantified weight-loss claims without a clear and conspicuous disclosure stating that the results promoted through the testimonials required adherence to a strict diet and exercise regimen.
ERSP further recommended the disclosure indicate the results that consumers can typically expect from use of the product in conjunction with diet and exercise.

The company, in its marketer’s statement, said that while “may not agree with all of ERSP's conclusions …  because we support your efforts to protect consumers we agree to accept ERSP's decision in its entirety and agree to modify our advertising as suggested.”

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