ERSP Refers Advertising for Million Dollar Edge to FTC

The Electronic Retailing Self-Regulation Program (ERSP) has referred direct response advertising for the Million Dollar Edge Affiliate Marketing Program to the Federal Trade Commission (FTC) after the marketer, Life Without Limits, Inc., failed to respond to the ERSP inquiry.
 

ERSP is an investigative unit of the advertising industry’s system of self-regulation and is administered by the Council of Better Business Bureaus. The marketer’s advertising came to ERSP’s attention pursuant to ERSP’s ongoing monitoring program.

Claims at issue in the initial inquiry included:

• “I’m ready to show you exactly how I was able to go from $600 to my name to bringing in $60,000 per month like clockwork.”
• “’Screw-Up Proof’ System Generates Cash Like Clock-Work”
• “PROVEN System That Puts Money In YOUR Pocket FAST & EASY”
• “Discover The System Which Puts A Staggering $617,473.19 PROFIT Into My Bank Account Automatically”
• “…learn exactly how to generate over $100,000 in the next six months”
• “Brandon Earned $23,000 In Only His Second Month! ‘Thanks to Jeremy, my best month in my new business venture has been $56,000.’” [Brandon B., New York]
• “I’m actually looking for a select group of people I can mentor and help achieve 6 and 7 figure incomes using my simple, easy and unique money making system.”

After the marketer failed to provide a substantive response to ERSP’s original inquiry within fifteen calendar days, the company was afforded a second ten-day period in which to submit a substantive response. Upon the marketer’s failure to respond, ERSP referred the matter to the FTC for further review.

ERSP Refers Advertising For K9 TheraLight to FTC for Review; Marketer Declines to Participate in ERSP Inquiry

The Electronic Retailing Self-Regulation Program (ERSP) has referred direct response advertising for K9 TheraLight to the Federal Trade Commission (FTC) after the marketer declined to participate in the ERSP inquiry.

ERSP is an investigative unit of the advertising industry’s system of self-regulation and is administered by the Council of Better Business Bureaus. The marketer’s advertising came to ERSP’s attention pursuant to ERSP’s ongoing monitoring program.

Claims at issue in the initial inquiry included:

• "The infrared and near infrared light penetrates the tissue and increases the energy needed to accelerate healing of damaged cells, reduce inflammation and help your dog feel better"
• "Near infrared light helps heal surface wounds & injuries"
• "Apply the proven science of light therapy to help heal your dog’s aches, pains & injuries!"
• "At the vet, a similar treatment costs as much as $300. Order now and get the K9 TheraLight for only $24.95."

After the marketer failed to provide a substantive response to ERSP’s original inquiry within fifteen calendar days, the company was afforded a second ten-day period in which to submit a substantive response. Upon the marketer’s failure to respond, ERSP referred the matter to the FTC for further review.

ERSP Reviews Advertising for Six Figure Program

The Electronic Retailing Self-Regulation Program (ERSP) has reviewed claims made in direct-response marketing by Online Entrepreneur, Inc.’s “Six Figure Program,” a program consisting of books and DVDs that provide details on subjects ranging from driving website traffic to search engine optimization.

ERSP noted in its decision that the marketer has volunteered to make significant revisions to its website in an effort to communicate truthful and accurate claims, and has voluntarily discontinued several claims that were the subject of the ERSP inquiry.

ERSP is an investigative unit of the advertising industry’s system of self-regulation and is administered by the Council of Better Business Bureaus. The marketer’s advertising came to the attention of ERSP pursuant to its ongoing monitoring program.

ERSP reviewed online advertising for the Six Figure Program and identified several claims for review, including:

• “How does it sound when I tell you that you can finally leave that long, tedious, stressful, underpaid job? The Six Figure Program was designed for that exact purpose.”
• “You won’t need advanced computer skills with The Six Figure Program.” 
• “The Six Figure Program is not only a sure-fire money making system, it is a vehicle by which you can finally live the lifestyle you imagined for yourself.” 
• “The typical person who joins and follows the simple steps laid out in the program has a check for at least $20 sent to their house within 7-10 business days."
• “It’s 2011 and we have made over $5 Million Dollars from simple websites. Some days we make as much as $22,000 in a single day…” 
• “We just recently got into making five figures - $15,000 – per month in a short amount of time.” 

At the outset of the inquiry, Online Entrepreneur informed ERSP that it was in the process of revising its current advertising.

ERSP determined, following its review, that the earnings claims made in testimonials were not supported by the evidence submitted and were not representative of the generally expected product performance.

ERSP further determined that the current disclosure did not adequately communicate the amount of money that consumers could generally expect to earn from using the Six Figure Program.

ERSP recommended the marketer discontinue the following testimonial: “We just recently got into making five figures - $15,000 – per month in a short amount of time.”

ERSP was concerned with representations that consumers can achieve the earnings amounts communicated in the advertising with little effort or computer knowledge as well as statements that consumers will be able to achieve financial independence through the Six Figure Program. ERSP recommended the marketer refrain from making these and similar claims in future advertising.

Although ERSP was not troubled with the general claim that consumers could “ “… receive your first check in 7-10 days,” ERSP determined that a more specific claim –“The typical person who joins and follows the simple steps laid out in the program has a check for at least $20 sent to their house within 7-10 business days” – was not accurate. ERSP noted that the evidence in the record did not demonstrate that the “typical” or average user of the Six Figure Program would receive a check of “at least $20” within the first week to 10 days.  ERSP recommended that Online Entrepreneur modify this claim in future advertising for the Six Figure Program.

The company, in its marketer’s statement, said, it is “committed to continually educating ourselves on any new changes or guidelines created by the FTC … BBB, ASRC and ERSP. We strive to work with these organizations in an effort to self-regulate sales copy and insure that the Internet is a safe place for consumers.”

ERSP Reviews Advertising for shUVee; Recommends Marketer Modify Establishment Claims;Marketer Voluntarily Discontinues Several Claims

The Electronic Retailing Self-Regulation Program (ERSP) has recommended that Angel Sales, Inc. modify or discontinue establishment claims for the shUVee Shoe Deodorizer. The marketer of the product, promoted as an ultraviolet shoe deodorizer, voluntarily discontinued several claims that were the subject of the ERSP inquiry.

ERSP is an investigative unit of the advertising industry’s system of self-regulation and is administered by the Council of Better Business Bureaus.

The claims at issue in ERSP’s review were challenged by Shoe Care Innovations, and included: 

• “The shUVee Ultraviolet Shoe Deodorizer – Stops Odor, Kills Germs, Works in One Hour!”
• “The shUVee™ Ultraviolet Shoe Deodorizer uses the power of UV light to sanitize the surface areas inside your shoes.” and “The pure cleaning power of UV light, along with a short period of time, is all that is needed to sanitize the inside of your shoes.”
• “The shUVee™ Ultraviolet Shoe Deodorizer is the solution for killing shoe odor and bacteria.”
• “Clinical studies prove that the shUVee Ultraviolet Shoe Deodorizer kills the germs that cause foot odor and renders the shoes odor neutral. The ultraviolet light kills germs that are associated with Athlete's Foot, Nail Fungus, and MRSA.”
• “Clinically proven to kill germs.” and “Clinically proven to kill germs, the shUVee™ Ultraviolet Shoe Deodorizer really works.” 
• “Many podiatrists are offering the shUVee to their patients as a form of preventative health. Examples include: Patients receiving laser nail fungus treatments; Patients complaining of intense shoe odor and embarrassment; Patients with Athlete's Foot.”

The shUVee consists of a base, which houses a fan, and two vertical wands that direct upward into a pair of treated shoes. According the marketer, the product works by emitting and exposing shoes to germicidal wavelengths of ultraviolet light, hereby reducing the presence of microbes in treated shoes.

In response to ERSP’s initial inquiry, Angel Sales said that it had – prior to ERSP’s review – stopped promoting shUVee as a shoe sanitizer and had voluntarily discontinued all references to sanitization in its advertising. However, the marketer said it would continue to advertise the shUVee as a shoe deodorizer.

The marketer contended that remaining performance and establishment claims were supported by laboratory tests; one test was performed by a shUVee prototype on pieces of cloth. The second was performed by the shUVee on pieces of plastic. Neither test evaluated the product’s performance when used on a shoe.

Following its review of the evidence in the record, ERSP determined that the results were not sufficient to support the establishment claims, particularly those that promise quantified results.

ERSP recognized, however,  that the testing did demonstrate the effectiveness of the shUVee in reducing various types of fungi and bacteria. As such, ERSP did not object to general claims pertaining to the shUVee’s ability to “stop odor” or “kill germs.”

ERSP also recommended that Angel Sales modify its claim that “Many podiatrists are offering the shUVee to their patients as a form of preventative health” to accurately convey that a select, limited group of podiatrists have suggested the product.

The company, in its marketer’s statement, said that it “… accepts the conclusion of ERSP in regards to the establishment claims regarding precise quantified results…” and…”will pursue a testing protocol of real-world conditions to support current claims.  The marketing and advertising will be reviewed for revision.”