ERSP Finds Sleep Science Partners Can Support Performance Claims for ‘PureSleep,’ Recommends Marketer Discontinue Certain Claims

The Electronic Retailing Self-Regulation Program (ERSP) has determined that Sleep Science Partners provided adequate support for general performance claims made in direct response advertising for PureSleep, a device intended to treat nighttime snoring.

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 PureSleep and identified several claims for review, including:

• “Proven to Work!”
•  “PureSleep Stop Snoring Solution”
• “PureSleep is a comfortable, self-molded mouthpiece that holds your jaw slightly forward, opening the airway so that the snoring stops.”
• “It opens your airway and eliminates the vibrations we all know as snoring. No vibrations, no snoring!”
• “PureSleep is guaranteed to stop your snoring right away.”
• “Dentist Recommended and Safe”
• “The #1 Selling Snoring Solution in the World”

During the course of ERSP’s inquiry, SSP informed ERSP that would voluntarily remove the claim, “No vibrations, no snoring.”

Following its review of the evidence in the record, including clinical studies on mandibular repositioning devices, ERSP determined that MRDs have been demonstrated to be successful in reducing snoring in certain users. ERSP noted that it had no objection to general performance claims, such as “Proven to Work!”

While ERSP agreed that PureSleep could help reduce snoring for some individuals, ERSP was not convinced that the cessation of snoring could be considered typical product performance. ERSP recommended SSP modify or discontinue snoring cessation claims.

ERSP further recommended that SSP modify or discontinue its “#1 Selling” claim, given the absence of evidence that PureSleep outsells all relevant competitive products in the industry.

Finally, ERSP concluded that the marketer provided a reasonable basis for its “Dentist Recommended” claim.

The company, in its marketer’s statement, said “SSP strongly supports ERSP’s goals and has always ensured its representations are factual and that its customers are satisfied … SSP appreciates ERSP’s detailed review and recommendations and will take them all into account when designing future advertising communications.”

ERSP Finds Innerthrive Can Support General Performance Claims for ‘Ultimate Natural Testosterone System,’ Recommends Marketer Discontinue Certain Claims

The Electronic Retailing Self-Regulation Program has determined that Innerthrive, LLC, can support general performance claims for Ultimate Natural Testosterone System, a dietary supplement intended to increase testosterone levels. However, ERSP recommended the marketer modify or discontinue certain claims and consumer testimonials.

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. 

ERSP reviewed online advertising for UNTS and identified several claims for review, including: 

• “More sex drive, muscle tone, strength, and energy.”
• “Healthy, Natural Testosterone Like When You Were in Your 20’s!”
• “Find out How to Increase YOUR Testosterone Up to 71% Naturally”
• “Will you see results in the first 3 weeks of your testosterone program? OF COURSE. You might experience more energy, an increase in libido, and loss of belly fat.”
• “Participants in a clinical study using a similar method saw an increase in testosterone of 71 percent naturally, with results in as little as 3 days.”
• “Ron from Florida increased his Testosterone 87% in 90 Days!”; “Chris from Colorado Increased his Testosterone 225% in 90 days!” and “After Starting with the Ultimate Natural Testosterone System, Nick Increased his Testosterone Baseline 316% Month-After-Month!”

During the course of the inquiry, Innerthrive indicated that it had discontinued several of the performance and establishment claims  that formed the basis of the inquiry, including “Will you see results in the first 3 weeks of your testosterone program? OF COURSE. You might experience more energy, an increase in libido, and loss of belly fat.” 

The marketer also informed ERSP that it was currently reformulating the product. Since Innerthrive did not represent that these claims would be permanently withdrawn, ERSP continued with its analysis of the claims currently being disseminated on the product website.

 Following its review of the evidence in the record, ERSP determined that the clinical tests submitted provided a reasonable basis for the general performance claim stating “More sex drive, muscle tone, strength, and energy.” However, while ERSP found support for mechanism of action claims, it strongly encouraged Innerthrive to consider removing these claims as the reformulation of the product may have a significant effect on the performance of the product.

 ERSP also remained concerned about claims promising quantified results (e.g., “Find out How to Increase YOUR Testosterone Up to 71% Naturally”). ERSP recommended the marketer immediately discontinue these claims as the case record did not contain adequate substantiation.

 In its review of the consumer testimonials at issue, ERSP was unable to locate a disclosure indicating the typical results consumers can generally expect to achieve while taking UNTS. Accordingly, ERSP recommended Innerthrive discontinue the use of testimonials in the context in which they are currently presented.

The company, in its marketer’s statement, said “Innerthrive, LLC welcomes and appreciates ERSP’s thorough and thoughtful review of the advertising for its Ultimate Natural Testosterone System (“UNTS”). At such time when and if we resume advertising in the future, we will take ERSP’s conclusions and helpful recommendations into account in developing our advertising.”

ERSP Refers Advertising for ‘Mini Site Formula ‘Affiliate Marketing Program to FTC for Further Review

Marketer Fails to Respond to ERSP Inquiry

The Electronic Retailing Self-Regulation Program (ERSP) will refer direct response advertising for The Mini Site Formula Affiliate Marketing Program to the Federal Trade Commission (FTC) after the marketer, The Info Marketing Group, 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:

• “I’ve made as much as…$253,741.99 In A Single Month"
• “I reveal the secret between making a few bucks a month and making $253,741.99 In A Single Month!"
• “…start making money right from day one.” 
• “Money Will Never Be A Concern Again” 
• “Made over $400,000 using the formula…he just built this cabin.” [Darryll Gilliland] 
• “Makes Thousands of Dollars Building Mini Websites” [John Jonas] 

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.