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.”