The Electronic Retailing Self-Regulation Program (ERSP) has recommended that EuroPharma, Inc. modify or discontinue certain advertising claims for Curamin, a dietary supplement intended to treat pain and inflammation.
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 claims
for Curamin, including:
- “Curamin contains a super-absorption curcumin called BCM-95 that can be up to 10 times stronger than plain curcumin products."
- “Blending four powerful, effective and clinically proven ingredients into one award-winning product provides an unprecedented level of natural relief."
- “Curamin contains a super-absorption curcumin called BCM-95 that can be up to 10 times stronger than plain curcumin products.” and “This form of high-absorption curcumin is micronized and re-blended with the essential oil of turmeric for up to 10 times the absorption and greater blood retention time at meaningful levels compared to standard 95% curcumin extracts."
- “Features clinically proven BCM-95 bioavailable curcumin”
ERSP also considered whether EuroPharma
failed to adequately inform consumers of the material connection between
EuroPharma and the website TerryTalksNutrition.com, which features Terry
Lemerond, a founder and president of EuroPharma.
During
the course of the inquiry, the marketer informed ERSP that it voluntarily
discontinued a number of the claims that were at issue in the inquiry, such as
“Most effective curcumin available.”
The
marketer asserted that the TerryTalksNutrition site is a third-party,
educational website containing information relating to health and nutrition and
that the content is based on the opinions and experience of Mr. Lemerond.
EuroPharma
said that as a demonstration of good faith, future references on the site will
be made only to ingredients and not specific formulas. EuroPharma also
explained that it had removed links from the blog to EuroPharmaUSA.com and
Curamin.com.
In considering the remaining establishment
claims at issue, the marketer submitted several studies on the key ingredients found
in Curamin. ERSP also looked to the National Advertising Division’s (NAD)
previous self-regulatory inquiry concerning Curamin as guidance. As
noted by NAD, the marketer’s evidence did adequately demonstrate that Curamin
provides joint health benefits, including some relief from the pain associated
with osteoarthritis.
Based upon the results of the scientific studies provided by
EuroPharma to ERSP as well as the determinations reached by NAD, ERSP
determined that EuroPharma provided sufficient support for the establishment
claims for Curamin that were communicated in a non-quantified context.
However, ERSP recommended that the
quantified claims regarding the comparative strength and absorption of the
curcumin ingredient in Curamin be discontinued, while noting that the
marketer’s evidence would be sufficient to support general efficacy claims
regarding the ingredient’s comparative absorption benefits.
The company, in its marketer’s statement, said, “EuroPharma
is pleased that ERSP carefully and thoughtfully considered the evidence
submitted in support of the claims made for Curamin. We have made modifications
to our website as recommended by ERSP and will follow ERSP’s suggestions in
future advertising claims for this product. We thank ERSP for their willingness
to discuss the advertising claims for Curamin in an open and cooperative
manner. EuroPharma remains committed to truthful and accurate advertising.”
