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Thursday, September 19, 2013

ERSP Finds Migralex, Inc. Provided Reasonable Basis for Advertising Claims

The Electronic Retailing Self-Regulation Program (ERSP) has determined that Migralex, Inc. can support performance and establishment claims for Migralex, an over-the-counter product intended for the treatment of headaches.

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 Migralex and identified several claims for review, including:
  • “Patients are raving about Migralex because it works and here is why:
    • Doctor Developed
    • Unique combination of proprietary ingredients
    • Rapid release formula designed to relieve tough headaches
    • contains no caffeine, no sodium, no preservatives
    • Is gentle on the stomach”
  • “Fast acting formula designed to treat tough headaches.”
  • “Patented scientific formula”
  • “Dr. Mauskop’s Migralex, a patented, clinically proven, breakthrough formula is now available as an over-the-counter treatment for many kinds of headaches, including:
    • Tension Headaches
    • Menstrual Headaches
    • Sinus Headaches
    • Exertion Headaches
    • Stress Headaches
    • Neck Strain Headaches”
During the course of ERSP’s inquiry, the marketer asserted that it had voluntarily discontinued a number of the claims cited by ERSP and noted that several of the original claims were taken from an outdated version of the product’s website and commercial.

Migralex, Inc. explained that the key ingredient in its product is aspirin, and provided several studies to supports its performance and establishment claims. Following its review of the evidence in the record, ERSP determined that a “clinically proven” claim for the active ingredient – aspirin – is adequately supported.

With respect to the five performance attributes of the product (“doctor developed,” “unique combination of proprietary ingredients,” “rapid release formula designed to relieve tough headaches,” “contains no caffeine, no sodium, no preservatives,” and “is gentle on the stomach”), ERSP agreed that the claims truthfully describe several distinguishing characteristics of Migralex.

Further, ERSP found that claims regarding “rapid relief” and “fast acting” are appropriately disseminated in the advertising.

The company, in its marketer’s statement, said “Migralex appreciates the opportunity to participate in the ERSP self-regulatory process and is pleased that ERSP has agreed that the current claims being made for Migralex are truthful and accurate.”

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