ERSP Reviews Advertising for NWLI’s ‘Prevoxin,’ Finds Support for Certain Claims; Recommends Advertiser Discontinue Testimonial

The Electronic Retailing Self-Regulation Program (ERSP) has determined that National Weight Loss Institute (NWLI) can support general weight loss claims made in direct-response advertising for Prevoxin, a dietary supplement intended to promote weight loss, but recommended the marketer modify or 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 Prevoxin and identified several claims for review, including:

• “And here's the good news, Prevoxin is a powerful, pharmaceutical quality weight loss supplement that is available to you without a prescription.”
• “Prevoxin helps your body increase the production of a fat burning enzyme which boosts your metabolism so that your body can burn more calories and shed pounds of unwanted weight and fat."
• “Clinically Proven”
• “Lose three times as much body fat and up to 200% more weight than with diet and exercise alone"
• “Prevoxin’s active ingredient is clinically proven to help your body produce more fat burning enzymes making it easier for you to lose pounds of unwanted weight."
• “In a double blind study that included moderate diet and exercise, participants who took Prevoxin lost 200% more weight than those who didn't take Prevoxin. Participants who took pharmaceutical quality Prevoxin also lost 3 times as much body fat.”
• “…the first week I lost 10 pounds. I was able to drop the 30 pounds and 9 inches around the waist.”

Following its review of the case record, ERSP determined that the two clinical human studies on 3-acetyl-7-oxo-dehydroepiandrosterone, or 7-Keto DHEA, provided reliable support for the marketer’s establishment claim of 200% increased weight loss when using the product in combination with diet and exercise. However, ERSP found the evidence did not provide adequate substantiation for the claim that Prevoxin can help users “lose 3x as much body fat.” 

Regarding claims pertaining to the “pharmaceutical quality” of Prevoxin, ERSP recommended that NWLI clearly present the related disclosure independently of the disclosure that qualifies weight loss results in order to prevent any ambiguity.

ERSP also recommended the marketer discontinue the testimonial at issue as the relevant disclosure did not adequately convey the results consumers can generally expect to achieve from use of the product.

The company, in its marketer’s statement, said, “It welcomes and appreciates ERSP’s thorough and thoughtful review of advertising for its weight loss product, Prevoxin. … [NWLI] certainly respects ERSP’s conclusions and recommendations and will modify these claims in its future advertising.”

Advertising Watchdog Expands Inquires to Include Lead-Generation Companies, Review of Telemarketing Scripts

The Electronic Retailing Self-Regulation Program (ERSP) today reported on its first full year of activity under an expanded program to review advertising claims made for lead-generation businesses, as well as the review of telemarketing scripts and calls.

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

ERSP, founded in 2004, has earned the respect of the direct-response industry through its expeditious, fair and even-handed review of core truth-and-accuracy advertising claims made by electronic retailers.

In 2011, companies in the lead-generation marketplace approached ERSP to develop a self-regulatory mechanism to address misleading lead-generation practices and provide review of advertising and telemarketing claims made by participating members of the coaching and mentoring industry, particularly claims concerning the financial returns consumers may expect when purchasing such products.

Over the past year, ERSP has reviewed lead-generation and coaching and mentoring advertising, telemarketing scripts and telemarketing calls from two participating companies, Professional Marketing International (PMI) and Prosper, Inc.

“ERSP is encouraged by the commitments of the participants to self-regulate their advertising practices, and we’re very optimistic that other companies in this industry will follow their example and join us in this self-regulatory initiative,” said Peter Marinello, Director, ERSP.

In addition to its review of the participants’ advertising, ERSP opened 10 inquiries regarding lead-generation advertising, including matters that ERSP forwarded to the FTC because the companies refused to participate in the self-regulatory process.

As part of its review process, ERSP provides companies with an assessment of their telemarketing and/or advertising practices, follow-up reviews to assure compliance with ERSP recommendations, and the opportunity to discuss these reviews in detail with ERSP staff.

Participants in the pilot program are committed to ensuring that their advertising is truthful and accurate. They’ve expressed their support of industry self-regulation and they have taken ERSP’s recommendations into consideration during the development of new advertising.

To learn more, please read the ERSP General Activity Report.

ERSP Recommends Casper Labs Modify, Discontinue Certain Claims for ‘Calmestra,’ Including Claims that Reference Ovarian Cancer

The Electronic Retailing Self-Regulation Program (ERSP) has recommended that Casper Labs, LLC modify or discontinue certain claims for Calmestra, a dietary supplement marketed as providing relief for symptoms of menopause, including claims that the product has been “clinically proven” to address symptoms of menopause.

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 Calmestra and identified several claims for review, including:

• “… Calmestra relieves symptoms in as little as 2 weeks! Calmestra is Easy to Take, All-Natural and Chemical Free and has NO Aftertaste. Calmestra supports and helps: reduce heavy, painful & long period, reduce irritability, mood swings & bloating, reduce weight gain, eliminate hot flashes, increase energy & enhance sex drive, improve complexion.”
• “… Calmestra does so WITH OUT any weight gain…in fact many of our clients actually lose weight thanks to proper hormonal balance that Calmestra reinstates.”
• “…a breakthrough, natural solution to feminine hormonal imbalance that can help women from puberty to post-menopause.”
• “Calmestra is clinically proven to provide relief and calm: cramps, bloating and heavy periods; mood swings and irritability; anxiety and nervousness; depression and fatigue; night sweats and insomnia; hot flashes and skin flare ups.”
• “Yes, in clinical trials Calmesta [sic] produced dramatic improvements in pre-menopause, peri-menopause, menopause, and post-menopause as well as women who have had hysterectomies or ovarian problems including ovarian cancer.”

As support for the performance and establishment claims at issue in ERSP’s inquiry, Casper Labs submitted the results of a randomized double-blind, placebo-controlled study published in 2011.

Following its review of the evidence in the record, ERSP determined that the evidence did not support the establishment claims, exclusivity claims, claims pertaining to weight loss, and speed of action claims that were the focus of ERSP’s inquiry. ERSP recommended the marketer discontinue  such claims.

ERSP further recommended that the advertiser discontinue claims that stating the product “produced dramatic improvements in pre-menopause, peri-menopause, menopause, and post-menopause as well as women who have had hysterectomies or ovarian problems including ovarian cancer,” as well as claims referencing puberty.

ERSP did not object to general performance and safety claims and found that Casper Labs was able to support certain testimonials.

The company, in its marketer’s statement, said it would “comply with ERSP and update our advertising materials accordingly prior to re-launching the marketing campaign.”