The Electronic Retailing Self-Regulation Program (ERSP) has determined that La Lumiere, LLC, can support performance claims for illuMask, a device intended to help treat acne. However, ERSP recommended that the marketer clarify its money-back guarantee claims.
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 claims for illuMask, including:
- “Get clear and stay clear."
- “Just …put on the mask and get clear.”
- “Get a clearer complexion and fewer breakouts with the illuMask Anti-Acne Light Therapy Mask.”
- “Bringing the Power of Light Therapy Home”
- “Safe, effective and effortless treatment for less than a dollar a day.”
- “Blue light energy kills the light sensitive P. acnes bacteria on and below the skin surface while the red light boosts your natural skin cell turnover and healing process to reduce swelling, inflammation, and redness.”
As support for the performance and
establishment claims at issue, the marketer provided ERSP with testing on the
product, evidence of its FDA 510(k) clearance, and information concerning the
effectiveness of red and blue light therapy. Following its review of the
evidence in the record, ERSP determined that the marketer supported its “Get Clear. Stay Clear” messages.
ERSP reviewed two short-form commercials in
which money-back guarantee claims were made. In one version, the marketer
clearly presented its 30-day, money-back guarantee while the other presented
the guarantee as a 90-day guarantee appeared to be inconsistent with the
specific terms of the 30-day, money-back offer provided on the website.
ERSP recommended
that the marketer reconcile the use of the two different guarantees that are
communicated in the broadcast advertising and include a disclosure that either
provides the specific terms of the money-back offer or directs consumers to the
illuMask website for the specific details.
The company, in its marketer’s statement, said, “La Lumiere
appreciates ERSP's review and confirmation of the illuMask claims. ... La
Lumiere is committed to improving people's lives by way of light therapy and
making this technology affordable and accessible to consumers everywhere.”
