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.
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