ERSP Finds Apira Science Can Support Certain Claims for ‘iGrow’; Recommends Marketer Modify, Discontinue Certain Claims

The Electronic Retailing Self-Regulation Program (ERSP) has determined that Apira Science, Inc. provided adequate support for certain claims made in direct-response advertising for “iGrow,” a low-level laser emitting hair rejuvenation device, but recommended the marketer modify certain claims.

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 broadcast and online advertising for iGrow and identified several claims for review, including:

• “Keep the hair you have, no matter what genetics say. iGrow can help you delay the appearance of premature hair loss, and maintain strong, healthy hair through the years.”
• “Within 12 weeks of using iGrow™ as directed, most consumers report that they experience the cessation of excess hair loss. The appearance of thicker, fuller, and healthier hair is typical within 24 weeks (6 months) of LLLT.”
• “Studies proved that hair responds best to red light in the 650 - 670 nm wavelength range.”
• “...provides consistent, full scalp coverage to ensure optimal results.”
• “The iGrow can be used by anyone, men, women, any age, anyone with hair loss or hair thinning or worried about losing their hair.”
• “It’s proven: Most men and women prone to genetic hair thinning will benefit from low-level lasers. It's an amazing technology that can rejuvenate hair or delay the onset of thinning hair.”

As support for the performance and establishment claims at issue in the inquiry, Apira Science submitted several studies on the effects of low-level laser therapy (LLLT), the main technology behind iGrow.

Following its review of the evidence in the record, ERSP determined that the marketer provided adequate substantiation for its general claims of product efficacy and its safety claim. However, ERSP found that the evidence could not support claims regarding the effectiveness of the iGrow on women and users of “any age.”

Further, ERSP noted inconsistencies within the advertising regarding the amount of time in which consumers can expect to see results.

ERSP also found the marketer was unable to support the claim that iGrow “…has an equivalent output to most in office hair lasers” and will revitalize hair on the sides of the head.  ERSP recommended the marketer modify or discontinue these claims.

The company, in its marketer’s statement, said “Apira Science, Inc. appreciates the opportunity to participate in the Electronic Retailing Self Regulation Program's ("ERSP") self-regulatory process … We will make appropriate modifications to advertising for iGrow in accordance with ERSP's recommendations.”

ERSP Recommends Suarez Discontinue Certain Claims for ‘EdenPURE’; Finds Advertiser Can Support ‘Made in America’ Claim

The Electronic Retailing Self-Regulation Program (ERSP) has recommended that Suarez Corporation Industries modify or discontinue certain claims for the EdenPURE, a portable heater. The marketer of the product 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 ERSP’s attention through the Better Business Bureau of the Canton and West Virginia Regions.

ERSP reviewed print and online advertising for EdenPURE, and identified several claims for review, including:

• “…the new EdenPURE heats better, faster, saves more on heating bills, and runs almost silent.”
• “…made in the U.S.A. using Patent Pending exclusive duel heating technology. Our heaters are more efficient, more effective, and better built.”
• "Unlike other EdenPURE imitators, it will not reduce humidity or oxygen in the room. These imitators use ceramic plates instead of our patented copper. These inexpensive ceramic plates reduce humidity, dry out your sinuses, make you more susceptible to illness, and make your skin dry… Other heating sources heat rooms unevenly with most of the heat concentrated high in the room and to the center of the room. And, as you know, portable heaters only heat an area a few feet around the heater.”
• “A major cause of residential fires in the United States is portable heaters. Fire and Safety professional, Captain Mike Hornby ranks EdenPURE #1 for safety and reliability.”
• “…creates a very safe heat. Infrared is one of the safest forms of heat…”
• “Children and pets can come up to the EdenPURE cabinet and touch it and not be harmed.”

In response to ERSP’s initial inquiry, Suarez stated that some of the claims at issue in ERSP inquiry were no longer being used, but did not commit to permanently discontinuing the claims. The company further asserted that several of the claims at issue had been made by independent third-party dealers, outside the control of Suarez.

Following its review of the evidence in the record, ERSP determined that the advertiser could not support claims related to monthly savings, and recommended the company discontinue the claims in future advertising. ERSP recommended Suarez discontinue comparative safety claims and comparative superiority claims. Further, ERSP recommended the company discontinue express safety claims involving children in advertising for the EdenPURE.

Suarez contended that its “Made in USA” claim was truthful and accurate and it provided ERSP with documentation detailing the percentage of imported and domestic parts that comprise the EdenPURE heater. ERSP determined the marketer provided a reasonable basis for this claim.

The company, in its marketer’s statement, said, “We intend to adhere to ERSP recommendations. It is our goal to be as clear and honest with consumers as possible. We take great pride in not only the jobs our company has created locally, but in the quality of our product and in the satisfaction we strive to offer consumers.”

ERSP Reviews Advertising for Maverick Money Makers; Marketer Fails to Respond to ERSP Inquiry

The Electronic Retailing Self-Regulation Program has referred direct-response advertising for Maverick Money Makers Affiliate Marketing Program to the Federal Trade Commission (FTC) after the marketer, Maverick Enterprises, LLC, failed to respond to ERSP’s 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:

• “This System Makes Me At Least $171,168.06 Per Month And You Can Start Using It 15 Minutes From Now…”
• “Easy work at home job, working less than 4 hours a day, and making more money in a week than I used to earn per month working 14 hour days for months on end.”
• “You will learn how to make a full-time income within your first 2 weeks”\

After failing to provide a  substantive response to ERSP’s original inquiry within fifteen calendar days, the marketer was afforded a second ten-day period in which to submit a substantive response. The marketer did not do so. Pursuant to ERSP Policies and Procedures, this matter has been referred to the FTC.