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.”