ERSP Recommends Global Smart Products Discontinue Certain Claims for Lead-Generation Program; Company Agrees to Do So

The Electronic Retailing Self-Regulation Program (ERSP) has recommended that Global Smart Products modify or discontinue certain claims for the company’s “Female Power Program,” a lead-generation wealth creation business.

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 through ERSP’s ongoing monitoring program.

ERSP reviewed online advertising claims for the lead-generation, wealth-creation product, including:

• “A woman’s guide to becoming a Millionaire”
• “This course will teach you how to make money and how to go from having nothing to having millions of dollars in your bank account”
• “Get inspired and learn from a real life story of a woman who has made millions of dollars from implementing these simple techniques”
• “Revolutionary step-by-step guide to creating wealth!”
• “Within the very first year of using the Female Power program, I have made over $100,000”

The advertising at issue featured the following disclaimer: “Disclaimer: Individual results may vary.”

The disclaimer, ERSP noted, was inadequate to qualify the atypical results promoted by the marketer in testimonials and earnings claims.

ERSP recommended that in future advertising the marketer clearly, conspicuously and in close proximity to the main claim, disclose the amount of money consumers can generally expect to earn, based upon reliable program usage data it has received from consumers.

Further, given the absence of evidence in the record, ERSP recommended the marketer discontinue claims that indicate users of the system can earn money quickly and easily.

Finally, ERSP recognized the marketer’s voluntary removal of claims that formed the basis of this inquiry, such as:

• “This course will teach you how to make money and how to go from having nothing to having millions of dollars in your bank account.”

The company, in its marketer’s statement, said that it would follow ERSP’s recommendations and that it is “… in the process of revising our marketing material to remove all express earning claims and/or claims that might mislead the end user.”

ERSP Recommends Conasia Global Internet Inc. Discontinue Certain Claims for Lead-Generation Program; Company Agrees to Do So

The Electronic Retailing Self-Regulation Program (ERSP) has recommended that Conasia Global Internet Inc. modify or discontinue certain claims for the company’s “Internet Marketing, Mentoring & Coaching Center (iMMACC),” an internet marketing and coaching and mentoring business that also has an affiliate advertising program.

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 through ERSP’s ongoing monitoring program.

ERSP reviewed online advertising claims for the lead-generation, wealth-creation product, including:

• “Whether You're Looking For ‘Quick Easy Ways To Get Money’, Or ‘Extra Ways To Make Money From Home’, Check Out Our Affiliate Program Because You Can Earn Big While You Learn!”
• “If you are a total beginner to internet marketing, we will take you through our Massive Action Marketing Program that is designed to get you to a 6 figure earning level in 90 to 120 days.”
• “Do You Want To Earn Up to $7,500 A Week? and “Want To Make Money In Your First 30 Days?”
• “It's hard to believe that in January, 2008 I lost my business and had trouble putting food on the table for my family - and since then, because of the marketing knowledge I have gained, I've not only had 5 figure months, but also 5 figure weeks - - and just last week you honored me on a company webinar for having a $10,000 day!” [Steve Jankowski, Plymouth, Minnesota]

iMMACC markets a coaching and mentoring program to teach students about online marketing. The advertising consists entirely of the marketer’s website (www.immacc.com), which includes informational videos about the product, information about ordering the product, and consumer testimonials.

ERSP determined that the performance claims at issue, in conjunction with the message communicated on the iMMACC.com webpage, communicate to prospective purchasers that earning significant amounts of money may be reasonably expected from using the product and that the disclosure (i.e., “Disclaimer Notice”) did not adequately qualify the net impression that the stated results are typical for product purchasers. ERSP also remained concerned with representations regarding the implication that product users will be able to achieve the success communicated in the advertising easily and with little or no skill.

ERSP noted that the marketer did not provide any evidence regarding the amount of money that purchasers of iMMACC have earned using the product. Although the marketer pointed to statements of success by past iMMACC users, ERSP determined that these representations are considered anecdotal and are no substitute for substantive, documented past earnings data which is necessary to support the express earnings claims that were communicated in the advertising

ERSP noted that the website contained disclosure language on the “Income Disclaimer” page. As has been noted in a number of previous regulatory and self-regulatory matters, a “Results may vary” disclosure does not adequately satisfy an advertiser’s burden to disclose the results that may be typically expected by consumers.

ERSP therefore recommended that iMMACC discontinue any earnings claims until it can support income statements with reliable consumer data.

The company, in its marketer’s statement, said that it would follow ERSP’s recommendations and that it “…welcome[s] the opportunity to make the changes and modifications that your organization has recommended we take action on.”

ERSP Reviews Advertising for ‘Testoril,’ Marketer Voluntarily Discontinues Claims

The Electronic Retailing Self-Regulation Program (ERSP) has determined that Premium Nutraceuticals, LLC can support certain claims for Testoril, a dietary supplement intended to increase testosterone levels.

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 an anonymous competitive challenge.

During the course of ERSP’s review of online advertising for the product, the marketer informed ERSP that it had voluntarily discontinued a number of the claims at issue, including:

• “Increase your physical stamina, Diminish Wrinkles & Ankle spots, Speed up your Metabolism, Restore your Hair Condition & Color, Firm & Smooth your skin, Decrease your Body Fat, Increase your Lean Muscle Mass”
• “Increase testosterone production by 75%"
• “Testoril™ is an all-natural daily supplement, formulated with a series of premium herbals, amino acids and nutrients that have been individually shown to kick-start your hormone production.”

However, the marketer indicated it will continue to use the following claims:

• “A DAILY SUPPLEMENT OF TESTORIL CAN HELP BOOST YOUR TESTOSTERONE NATURALLY”
• “Perhaps best of all, Testoril is available without a prescription”

Following its review of the evidence in the record, ERSP recommended that if the advertiser uses the core claim that Testoril can boost testosterone, it do in the qualified context of using Testoril in conjunction with a resistance training regimen.

ERSP noted in its decision that it has no objection to Premium Nutraceuticals making a core claim that Testoril is available without a prescription, so long as it does not communicate the claim in a comparative context with competitive prescription drug products.

The company, in its marketer’s statement, said “We are committed to continually educating ourselves on any new changes or guidelines created by the FTC, NARC, BBB, ASRC and ERSP. We strive to work with these organizations in an effort to self-regulate sales copy and ensure that the internet remains a safe place all consumers."

ERSP Finds Kowa Health Care America, Inc. Can Support Performance Claims for ‘Okinawa Life,’ Recommends Marketer Modify Certain Claims

The Electronic Retailing Self-Regulation Program (ERSP) has determined that Kowa Health Care America, Inc. (“Kowa”) can support general performance claims for Okinawa Life, a dietary supplement marketed as providing a variety of health benefits. However, ERSP recommended that Kowa discontinue 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 Okinawa Life and identified several claims for review, including:

• “…Made exclusively in Japan, Okinawa Life is a dietary supplement created to give your body many of the healthy nutrients and benefits you would get from eating traditional Okinawan food.”
• “Like healthy aging supplements, Okinawa Life™ delivers nutrients associated with vitality, longevity and immunity.” and “Promotes & supports: Vitality, Longevity, Immune Health"
• “Our study showed that the key food ingredients of the traditional Okinawan diet, are an integral aspect of the secret to their longevity and good health. These ingredients are also found in Okinawa Life.”
• “After a 25 year study, an international team of researchers determined that the long life of Okinawans is due to their lifestyle and diet of fish and vegetables.”
• “Ingredients include:
• Isoflavone found in high quantities of traditional tofu of Okinawa promotes an antioxidant effect that fights free radical damage at the cellular level on the human body.
• Zedoary - an herb similar to turmeric that helps to aid digestion.
• Goya - a bitter melon gourd, the nutritional king of the Okinawa diet.”

Kowa explained to ERSP that the Okinawa Life formula consists of several ingredients (i.e., isoflavones, zedoary, and goya) derived from foods typically associated with the Okinawan diet. ERSP agreed that the impact of the Okinawan diet on the longevity of native Okinawans has been well documented in a number of articles. ERSP determined that it is not inappropriate for the marketer to communicate that Okinawa Life was formulated to include many of the same ingredients found in the Okinawan diet.

However, while Kowa provided support for claims regarding the nutritional benefits of soy isoflavones, ERSP determined that claims related to zedoary and goya were not adequately supported. As a result, ERSP recommended Kowa modify its advertising to discontinue references to goya and zedoary in a context that implies to consumers that the dosages of these ingredients in Okinawa Life are nutritionally beneficial.

ERSP also determined that claims regarding the 25 year study were truthful and accurate as communicated in the advertising.

The company, in its marketer’s statement, said “Kowa Health Care America, Inc. appreciates the opportunity to participate in the Electronic Retailing Self-Regulation Program’s (“ERSP”) self-regulatory process, and we welcome ERSP’s decision regarding advertising for the Okinawa Life™ dietary supplement.  We are pleased ERSP determined that scientific evidence demonstrates that the soy isoflavones in Okinawa Life support lower cholesterol levels, improved endothelial function, and cardiovascular health.  We will modify advertising for Okinawa Life in accordance with ERSP’s recommendations.”

ERSP Finds Migralex, Inc. Provided Reasonable Basis for Advertising Claims

The Electronic Retailing Self-Regulation Program (ERSP) has determined that Migralex, Inc. can support performance and establishment claims for Migralex, an over-the-counter product intended for the treatment of headaches.

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 Migralex and identified several claims for review, including:

• “Patients are raving about Migralex because it works and here is why:
• Doctor Developed
• Unique combination of proprietary ingredients
• Rapid release formula designed to relieve tough headaches
• contains no caffeine, no sodium, no preservatives
• Is gentle on the stomach”
• “Fast acting formula designed to treat tough headaches.”
• “Patented scientific formula”
• “Dr. Mauskop’s Migralex, a patented, clinically proven, breakthrough formula is now available as an over-the-counter treatment for many kinds of headaches, including:
• Tension Headaches
• Menstrual Headaches
• Sinus Headaches
• Exertion Headaches
• Stress Headaches
• Neck Strain Headaches”

During the course of ERSP’s inquiry, the marketer asserted that it had voluntarily discontinued a number of the claims cited by ERSP and noted that several of the original claims were taken from an outdated version of the product’s website and commercial.

Migralex, Inc. explained that the key ingredient in its product is aspirin, and provided several studies to supports its performance and establishment claims. Following its review of the evidence in the record, ERSP determined that a “clinically proven” claim for the active ingredient – aspirin – is adequately supported.

With respect to the five performance attributes of the product (“doctor developed,” “unique combination of proprietary ingredients,” “rapid release formula designed to relieve tough headaches,” “contains no caffeine, no sodium, no preservatives,” and “is gentle on the stomach”), ERSP agreed that the claims truthfully describe several distinguishing characteristics of Migralex.

Further, ERSP found that claims regarding “rapid relief” and “fast acting” are appropriately disseminated in the advertising.

The company, in its marketer’s statement, said “Migralex appreciates the opportunity to participate in the ERSP self-regulatory process and is pleased that ERSP has agreed that the current claims being made for Migralex are truthful and accurate.”

ERSP Finds Farr Laboratories, Inc. Can Support Performance Claims for ‘Prosta-Q,’ Recommend Marketer Modify Certain Claims

The Electronic Retailing Self-Regulation Program (ERSP) has determined that Farr Laboratories, LLC  can support general performance claims for Prosta-Q, a dietary supplement intended to address the symptoms of chronic prostatitis/chronic pelvic pain syndrome (CP/CPPS). However, ERSP recommended that certain claims be modified to more accurately communicate material information to consumers.

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 Prosta-Q and identified several claims for review, including:

·         “… unique blend of potent supplements and all natural ingredients to provide relief from the symptoms associated with chronic prostatitis and general pelvic pain.”

·         “If you are currently suffering from symptoms associated with Dysuria, Nocturia, Chronic Pelvic Pain Syndrome (CPPS) or Prostatitis, then look no further. Taking Prosta-Q daily has been shown to be an effective remedy for the symptoms often associated with Prostatitis, while at the same time increasing sexual vitality. This powerful blend of natural and targeted ingredients is sure to ease your pelvic pain and discomfort.”

·         “The Prosta-Q complex is a proprietary combination of clinically proven ingredients including Quercetin, a bioflavonoid with anti-inflammatory and antioxidant effects, Saw Palmetto, Cranberry, Bromelain and Papain, to aid digestion, as well as zinc. Prosta-Q has been shown to be the most effective all-natural nutraceutical formulation yet tested to ‘provide significant symptomatic improvement’ in men with pelvic or genital discomfort seeking prostate health.”

·         “Prosta-Q was tested in a randomized placebo controlled clinical trial by the Institute of Male Urology (IMU) and was led by Dr. Daniel Shoskes, M.D. The study showed that 82% of males taking Prosta-Q had an ‘improvement of symptoms’ from pelvic or genital discomfort.”

·         “The #1 doctor supported and recommended prostate supplement”

·         “Recommended by physicians worldwide”

Following its receipt of ERSP’s opening letter, Farr Labs advised ERSP that the banner advertisement claiming that Prosta-Q is “The #1 doctor supported and recommended prostate supplement” was disseminated by a third party affiliate advertiser and that Farr Labs had contacted the affiliate advertiser to request that it stop running the advertisement.

Following its review of the marketer’s evidence, ERSP determined that the clinical testing provided a reasonable basis for the core claim that Prosta-Q will reduce the symptoms often associated with prostatitis.

Based upon the clinical evidence provided by the marketer, ERSP also concluded that the marketer adequately supported the establishment claims at issue. However, ERSP recommended that Farr Labs modify the claim that the ingredients in Prosta-Q have been clinically proven to aid digestion.

ERSP further recommended that the marketer modify the claim “82% of males taking Prosta-Q had an ‘improvement of symptoms’ from pelvic or genital discomfort” to more accurately describe the parameters of the clinical test.

The company, in its marketer’s statement, said “Farr Labs is pleased that ERSP determined that it provided a reasonable basis for our core claim that Prosta-Q will reduce the symptoms often associated with CP/CPPS as well as our establishment claims. Moreover, during the pendency of the inquiry, we have already taken steps to include additional information regarding the clinical study that served as our basis for the claim stating that “82% of males taking Prosta-Q had an ‘improvement of symptoms’ from pelvic or genital discomfort” to more accurately describe the parameters of the clinical test.”

ERSP Finds Lonza America Inc. Provided Reasonable Basis for Immune System Claims; Recommends Modification to Establishment Claims

The Electronic Retailing Self-Regulation Program (ERSP) has recommended that Lonza  America, Inc., modify certain “clinically” proven claims for the company’s “Alomune” dietary supplement.

However, ERSP found that the marketer provided a reasonable basis for general performance claims, an exclusivity claim and claims made through an expert’s endorsement.

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 Alomune and identified several claims for review, including:

• “Keep Your Immune System Strong. Take Alomune All Year Long.” and “...it's an immune system strengthener created to help you all year long.” 
• “Welcome to Two-Times the Odds of Staying Healthy. Really." and "In fact, a clinical study suggested that those taking Alomune had 2 times the odds of staying healthy on measured outcomes.” 
• “A clinical study on Alomune showed more than twice the benefit as that shown in studies on vitamin C and Echinacea.”
• “Alomune works to keep your immune system strong and more active–that's why I believe in it" [Dr. Dan Johnston] 
• “Larch arabinogalactan is an extract of the larch tree. Lonza is the world's only supplier of food-grade larch arabinogalactan.”

Lonza explained that the active ingredient in Alomune is a proprietary form of larch tree arabinogalactan called ResistAid, introduced to the market on October 1, 2012.

Lonza provided ERSP with a number of clinical studies and scientific data related to the effectiveness of larch arabinogalactan.

Following its review of the marketer’s evidence, ERSP concluded that Lonza America provided a reasonable basis for claims that use of the product will help keep the immune system “strong.”

ERSP recommended that the marketer modify the claim that “A clinical trial on healthy adults suggested that people taking Alomune were 57% more likely to stay healthy on primary health measurements vs. placebo” to more accurately describe the one study outcome measurement that served as the basis for the claim.

ERSP noted in its decision the omission of any reference on the marketer’s website to the source of the specific studies which Lonza relied on for its claims.

The company, in its marketer’s statement, said “Lonza appreciates ERSP's detailed review and its conclusions that Alomune is supported by valid scientific testing and other evidence demonstrating the benefits of Alomune.  We will modify the Alomune website in accordance with ERSP’s recommendations, including adding a third party literature section to our website, posting clinical studies on Alomune and its active ingredient in that section, and providing references to relevant clinical data with our claims. We also will take the recommendations into account when designing future advertising communications.”

ERSP Refers Advertising for Hazel Peppergood Work-at-Home System to FTC for Further Review After Marketer Fails to Respond to ERSP Inquiry

The Electronic Retailing Self-Regulation Program (ERSP) will refer direct response advertising for Hazel Peppergood Work-at-Home System to the Federal Trade Commission (FTC) after the marketer, Hazel Peppergood, Inc., failed to respond to an 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 its ongoing monitoring program.

Claims at issue in the initial inquiry included:

• “Get paid up to $1,872.00 Every Week, Like Me!”
• “You don’t need any experience and there is absolutely no training or computer work involved. You earn money simply because you mail literature that help [sic] companies generate sales.”
• “INCREASE YOUR WEEKLY INCOME NOW!”
• “GUARANTEED PAYCHECKS EACH AND EVERY WEEK”
• "I just received my check for $808, I would like to continue this for a lifetime. You’re a good company, may God continue to be with you.” [Shelly Harvell, Maryland] 

Following its failure 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.

ERSP Refers Advertising for Internet Secrets to FTC for Further Review After Marketer Fails to Respond to ERSP Inquiry

The Electronic Retailing Self-Regulation Program (ERSP) will refer direct response advertising for The 7 Day Test Affiliate Marketing Program to the Federal Trade Commission (FTC) after the marketer, Internet Secrets, failed to respond to an 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 its ongoing monitoring program. 

Claims at issue in the initial inquiry included: 

• “Welcome to the #1 Home Based Business Website In The WORLD!” 
• "I've Made People $3,500 to $25,000 Monthly With Google & Clickbank Using a Simple System Which I Will Set Up For You Today on a 100% Test Trial!” 
• “This is very real, easy, and being made public because I am so fed up with these companies and individuals that are ripping people off and just plain lying to them with internet business programs that don’t work.”
• “Limited Positions Available - Take Action Today!”
• “I could never thank you enough for what you have done for my financial life. You took me from a $24,000 yearly income job to making over $150,000 within 9 months. It sure does fell [sic] good working at home without a stubborn boss. I owe you. Thanks” [Victor Goldwire – Dale City, VA] 

Following its failure 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.

ERSP Recommends Plymouth Direct Discontinue Certain Claims for ‘Tag Away’; Finds Marketer Can Support Safety Claims

The Electronic Retailing Self-Regulation Program (ERSP) recommended that Plymouth Direct discontinue certain performance and establishment claims made for Tag Away, a homeopathic skin tag removal drug. ERSP found, however, the marketer could support “all natural” and safety 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 Tag Away and identified several claims for review, including:

• "…Remove Skin Tags the All-Natural Way with Tag Away!”
• "…naturally and painlessly eliminates pesky skin tags.”; “Eliminates with no pain!”; and “No pain”
• "Just a few drops a day and Tag Away gets rid of skin tags with no trouble, no scarring, and no pain.”
• "Skin tags just dry up & fall away.”
• “No scarring”
• “All skin types”
• “…completely remove skin tags on all areas of the body without scars or discomfort.”
• “Tag Away will work in 3-8 weeks. You may see results in as little as 3 weeks.”
• “Safe for even your most sensitive areas”
• “Clinically proven to remove skin tags”
• “All Natural” and “No chemicals”

As support for the performance and establishment claims at issue in the inquiry, Plymouth Direct submitted the results of a product efficacy study conducted on Tag Away.

Following its review of the evidence in the record, ERSP determined that the marketer could not support the establishment claims and performance claims that were the subject of this inquiry.

ERSP also recommended that Plymouth Direct modify its advertising to clearly communicate to consumers that the evidentiary basis for its product performance claims are a historical and traditional use of the active ingredient, Thuja occidentalis. 

However, ERSP found that the marketer was able to support claims relating to Tag Away’s ability to be used on “all skin types.” Further, ERSP concluded that the marketer provided a reasonable basis for its claims of safety, no pain and no scarring and had no objection to claims characterizing Tag Away as “all natural."

ERSP determined that "so long as the homeopathic product does not qualify as a prescription drug pursuant to federal standards, it should not be prohibited form marketing the product based on a clear understanding that the advertising claims are based in traditional and/or historical use."

In this case, ERSP determined that the efficacy claims are permitted, but that the ads did not make clear that the claims are based on traditional and/or historical use.

The company, in its marketer’s statement, said “it appreciates the opportunity to participate in the Electronic Retailing Self-Regulation Program’s self-regulatory process. Although Plymouth Direct disagrees with ERSP, Plymouth Direct has agreed to make [the] minor modifications to its advertising language.”

ERSP Refers Advertising for Richatlast.com to FTC for Further Review After Marketer Fails to Respond to ERSP Inquiry

The Electronic Retailing Self-Regulation Program (ERSP) will refer direct response advertising for Richatlast.com Affiliate Marketing Program to the Federal Trade Commission (FTC) after the marketer, Richatlast.com, failed to respond to an 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 its ongoing monitoring program.

Claims at issue in the initial inquiry included:

• “How would you like to get a bunch of $500 bills poured directly into your pocket every single day?”
• “With this easy-to-do system, anyone (even YOU!) can make well over $100,000 a month!”
• “That's right! Just fill out the form below, and learn how to instantly start making $1497 per day with a simple cheap postcard campaign, and YES I mean PER DAY!”
• “There has never been an easier-to-do Internet business than this!”
• “IMPORTANT! You only have a little while remaining before this offer is closed"

Pursuant to the ERSP Policies and Procedures, 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.