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

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.”