ERSP Refers Advertising for Dinamo to FTC, FDA; Marketer Fails to Respond to ERSP Inquiry

The Electronic Retailing Self-Regulation Program (ERSP) has announced it will refer direct response advertising for Dinamo to the Federal Trade Commission (FTC) and the Food and Drug Administration (FDA) after the marketer, Natures Flava, LLC, 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:

• “Diabetes no more!”
• “It's targeted to lower blood sugar levels and fight against diabetes!" and "Dinamo helps lower blood sugar levels."
• “When I woke up in the morning prior to the Dinamo, my insulin levels were usually in the high 200s - 250, 260, 270. And since I started using the Dinamo, that number has gone to about the 160s, 170s, 180s." [Larry]
• "Created for DIABETICS to help maintain blood sugar levels with only NATURAL and ORGANIC ingredients.”

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 again did not submit a written response to the inquiry and pursuant to section 2.6 (B) of the ERSP Policies and Procedures, this matter has been referred to the FTC and FDA.

ERSP Reviews Advertising for ‘Zvelt,’ Marketer Voluntarily Discontinues Claims

The Electronic Retailing Self-Regulation Program (ERSP) has recommended Progenum International, LLC modify or discontinue certain claims for Zvelt, a weight-loss patch.

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 broadcast and online advertising for Zvelt and identified several claims for review, including:

• “Just apply and say goodbye to those stubborn pounds;”
• “Just stick the patch on and watch the pounds roll off”
• “THE SAFEST, EASIEST WAY TO LOSE WEIGHT!”
• “I was amazed with how fast the weight came off and stayed off”
• “I lost 75 pounds and I've kept it off for 6 years.”
• “Zvelt's unique formula of clinically proven ingredients are absorbed slowly through the skin to stimulate your body's natural fat burning capabilities.”

During the course of the inquiry, the marketer informed ERSP that it had voluntarily discontinued its broadcast advertising, which contained several of the claims at issue in the inquiry.

After reviewing the evidence submitted by the marketer, ERSP determined that the consumer testimonials that appear on the product website are atypical and are not supported. ERSP recommended that testimonial claims of specific weight loss include a clear and conspicuous disclosure that the weight loss was obtained in conjunction with diet and exercise.

ERSP also found that the claim “No Crazy Diets,” in the context in which it is presented, may be reasonably interpreted by consumers as meaning they can lose significant weight without the assistance of a calorie-restricted diet. ERSP concluded that this message was not accurate.

Further, ERSP determined that the claim “SAFEST, EASIEST WAY TO LOSE WEIGHT” could be considered a comparative superiority claim and without evidence to substantiate this claim, ERSP concluded that it was not supported.

The company, in its marketer’s statement, said “Progenum appreciates all of the interaction ERSP has afforded us during this process. Their input has been extremely helpful, and in fact, has provided the basis for the new scripting we are currently developing.”

ERSP Reviews Advertising for ‘Troxyphen,’ Recommends Marketer Modify or Discontinue Certain Claims

The Electronic Retailing Self-Regulation Program (ERSP) has recommended that truDERMA, LLC, discontinue certain claims for the company’s Troxyphen dietary supplement, including claims that the product is “safe and clinically researched.”

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 through an anonymous competitive challenge.

ERSP reviewed online advertising claims for Troxyphen, including:

• "Troxyphen is safe & clinically researched”
• “The patented test [sic] boosting blend was shown in clinical studies to: Raise testosterone levels 98.81% in 8 weeks.”
• “Gains in Muscle Size & Strength”
• “Tribulus Terrestris - This extract increases the body’s natural testosterone levels and thereby improves male sexual performance and helps build muscle.”
• “Burn excess fat | Improve sex drive | Gain muscle mass”

As support for the performance and establishment claims at issue, the marketer submitted testing on its key ingredient. After reviewing the evidence, ERSP concluded that truDERMA provided a reasonable basis for claims relating to an “increased sex drive.”

However, ERSP determined that the marketer did not provide adequate support for claims that Troxyphen will “burn excess fat” or that users will “gain muscle mass.” ERSP recommended that the marketer discontinue any claims of weight and/or fat loss, increased muscle, and improved BMI.

ERSP also recommended that the marketer discontinue claims that promise quantified performance results and modify general claims of increased testosterone by disclosing that the product must be used in conjunction with resistance training.

The marketer did not provide evidence indicating that the dosages of ingredients contained in Troxyphen will provide the results specifically stated in the advertising. As a result, ERSP recommended truDERMA discontinue several ingredient claims and the claim that “Troxyphen is safe & clinically researched.”

The company, in its marketer’s statement, said, “truDERMA appreciates ESRC's comments and direction on our advertising.  We are committed to helping people lead healthier, happier lives.  truDERMA will give serious consideration to ESRC's recommendations in our advertising practices."