ERSP Refers Advertising for Super Affiliate Lab to FTC for Further Review, After Marketer Failed to Respond to ERSP Inquiry

The Electronic Retailing Self-Regulation Program (ERSP) will refer direct response advertising for Super Affiliate Lab Affiliate Marketing Program to the Federal Trade Commission (FTC) after the marketer, MarksEnterprise.com, 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:

• “Become An Over-Paid Super Affiliate Generating Huge Monthly Commission Checks Of Up To $700 - $5,500+ By Simply Sending Traffic To Our Sites!"
• “People just like you, are making an extra $1,000, $2,500 and even $5,500+ promoting our products!”
• “…easy way to make money with affiliate marketing…”
• “…You’ll Make Huge Cash With Our Program”
• “Sign-Up Today, And You Can Start Making Money As Soon As Tonight!”

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.

ERSP Recommends Lunada Biomedical Discontinue Weight-Loss Claims for ‘Amberen,’ Marketer Agrees to Do So

The Electronic Retailing Self-Regulation Program (ERSP) recommended that Lunada Biomedical discontinue weight-loss and other claims made for Amberen, a dietary supplement marketed to menopausal women. ERSP found, however, the company could support claims related to hot flashes, irritability, sleeplessness, and “low libido.”

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. 

Certain advertising claims for Amberen were reviewed by ERSP in 2010 and by the National Advertising Division (NAD) in 2012. In this case, ERSP examined more recent weight-loss claims made primarily through testimonials, including:

• “If you want to finally lose weight – including that stubborn belly fat – without additional exercise or difficult diets – there’s no alternative to Amberen."
• "I lost 12 pounds!”; “I lost 7 pounds!”; and “I lost 9 pounds!

Lunada provided ERSP with preliminary data from a recent clinical study, but did not provide ERSP with raw data that would allow ERSP to evaluate the statistical significance and reliability of the study. Given the omission of raw data, comprehensive findings, and details about the testing protocol, ERSP recommended that the marketer discontinue its use of weight-loss claims.

During the course of ERSP’s inquiry, Lunada asserted that it had voluntarily discontinued all of the consumer testimonials and voluntarily modified the claim that “Amberen is the only product clinically proven to promote weight loss during menopause without additional exercise or restrictive dieting.”

ERSP determined that certain claims, including the claim that “Amberen contains patented smart molecules that support the body’s hormonal function. These breakthrough ingredients are available only from Lunada” were consistent with previous self-regulatory decisions. ERSP further found that the advertiser provided adequate support for claims regarding hot flashes, irritability, sleeplessness, and “low libido.”

However, ERSP also determined that claims that “Amberen… balances your hormones,” “Amberen balances hormones naturally” and that Amberen relieves “night sweats,” and “moodiness” were inconsistent with previous self-regulatory decisions. ERSP recommended the advertiser modify or discontinue such claims.

ERSP recommended the marketer discontinue the claim that the “leading cause of weight gain in women over 40 is hormonal imbalance.” Further, ERSP recommended that the marketer modify its “guarantee” claim by expressly stating that the guarantee is a “money-back” guarantee. 

The company, in its marketer’s statement, said “Lunada is pleased by ERSP’s determination that Amberen’s core performance claims regarding most common menopausal symptoms ... are adequately substantiated.  Out of deference to the forum and in the spirit of cooperation, future advertising will take into consideration ERSP recommendations.”

ERSP Reviews Advertising for shUVee

The Electronic Retailing Self-Regulation Program (ERSP) has reviewed advertising for shUVee, marketed by Angel Sales, Inc.

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 a competitive challenge from Shoe Care Innovations (“SCI”). The parties participated in a previous challenge in 2012.

During the pendency of the self-regulatory inquiry, the marketer advised ERSP that it has discontinued its production of the advertised product and, accordingly, is in the process of removing all of the advertising that was the subject matter of this challenge. Consequently, because all of the claims at issue are no longer being disseminated, ERSP determined that the most appropriate expenditure of program resources would be to administratively close the inquiry pursuant to section 2.2 C (c)(ii)(d) of the ERSP Policy and Procedures.

ERSP Finds New Vitality Can Support Certain Claims for ‘Super Beta Prostate,’ Recommends Marketer Discontinue Nighttime Urination Claims

The Electronic Retailing Self-Regulation Program has determined that New Vitality Holdings, LLC, can support general performance claims for Super Beta Prostate, a dietary supplement, but recommended the marketer modify or discontinue testimonials and claims that suggest the use of the product will completely eliminate a need to urinate at night.

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 Super Beta Prostate and identified several claims for review, including:

• “Imagine: A Full Night’s Sleep”
• “Less Frequent Bathroom Trips"
• “More complete bladder emptying”
• “Sleep more through the night”
• “The #1 Natural Prostate Supplement”
• “The Supplement Men Trust Most”
• “Now, I sleep through the night. I don't have any sudden urges to go to the bathroom. It worked!”
• “Before Super Beta Prostate, I couldn't sleep through the night. I heard a commercial on the radio for Super Beta Prostate and decided to order my free bottle. Now I am sleeping through the night. I am really happy!”

In response to ERSP’s inquiry, New Vitality submitted the results of several studies on the product’s ingredients, including beta-sitosterol.

Following its review of the evidence in the record, ERSP determined that the testing on the ingredients provided a reasonable basis that Super Beta Prostate can help to reduce the symptoms of benign prostatic hyperplasia and general performance claims.

However, ERSP also determined that certain testimonials and another claim related to nighttime urination may convey the message that use of the product completely eliminates any need for nighttime urination, a message that was not supported by the evidence and recommended the advertiser discontinue such claims and testimonials.

Further, ERSP found that sales data supported the claim “The #1 Natural Prostate Supplement”, but the evidence did not support the claim that Super Beta Prostate is “The Supplement Men Trust Most.” ERSP recommended the latter claim be discontinued. 

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. New Vitality is committed to ensuring that its advertising is truthful, accurate, and substantiated. We welcome ERSP's decision regarding advertising for Super Beta Prostate.”