PR: ERSP Finds M&M, Inc. Can Support Certain Claims for Flex Belt, Marketer Discontinues Certain Claims

The Electronic Retailing Self-Regulation Program has determined that M&M, Inc. has provided adequate support for performance claims made in direct response advertising for the Flex Belt. The marketer voluntarily discontinued several other claims that were the subject of the ERSP inquiry.

ERSP, the electronic direct-response industry’s self-regulatory forum, is administered by the Council of Better Business Bureaus (CBBB) with policy oversight by the National Advertising Review Council (NARC).

The marketer’s advertising came to the attention of ERSP pursuant to its ongoing self-monitoring program.

ERSP reviewed broadcast and online advertising for the Flex Belt, and identified several claims for review, including:

• "The Flex Belt easily tightens, tones, and firms abdominal muscles.”
• “Flex Belt’s advanced electronic muscle stimulation basically does all the work for you.”
• “Wearing it is all you have to do to get results, demonstrated results in just 6 weeks.”
• “Safe, sensible and FDA cleared.”
• “As a result, you get an effective abdominal workout that targets all the muscles in your abdomen – all in just 30 minutes a day.”
• “The Flex Belt will stimulate all your stomach muscles causing contractions that provide you with the perfect crunch – that means your upper abs, the lower abs and even your obliques are going to get worked from The Flex Belt...and it does all the work for you.”
• “Used daily you should see results in 4-8 weeks.”
• “Demonstrated Study Results You Can FEEL In Just Weeks.”
• “We saw a 49% increase in abdominal strength and 72% increase in abdominal endurance which are phenomenal results.”
• “One of the things I noticed right away was the strength of the contraction I got versus some of the other machines.” [John P. Porcari]

ERSP also reviewed claims included in consumer testimonials, including:

• “I use the Flex Belt for my abs.  There are a lot of other products, but they can’t beat the Flex Belt for effectiveness.” [Janet Evans]
• “I've lost 15 lbs and my stomach muscles are rock hard…” [Casey C.]
• “I lost about 3 inches in my stomach area in less than 2 months, and I am sure I will loose more, the more I use the belt.” [Nazek S.]
• “My waist lost three inches in three weeks.” [Ross C.]
• “It's now May and I have already lost 4 inches off my waist and 15 lbs total.” [Kasha J.]

At the outset, M&M, Inc. informed ERSP that the Flex Belt is manufactured by Bio-Medical Research, Ltd., which also makes the Slendertone line of abdominal belts, a product whose advertising was reviewed by ERSP in 2005. The marketer explained that the two products are considered the same for safety and efficacy purposes by the FDA and thus, research conducted on the Slendertone belt is applicable to the Flex Belt.

M&M, Inc. provided ERSP with several studies demonstrating the effectiveness of the Slendertone belt in improving abdominal strength and endurance. ERSP determined that this information provided a reasonable basis for the performance and establishment claims made in direct response advertising for the Flex Belt.

The marketer also informed ERSP that it would voluntarily remove consumer testimonials that include express claims of inch loss, weight loss, and six-pack ab-type statements. Additionally, M&M, Inc. agreed to remove Janet Evans’ testimonial (i.e., “I use the Flex Belt for my abs.  There are a lot of other products, but they can’t beat the Flex Belt for effectiveness”).

The company, in its advertiser’s statement said, “M&M, Inc., is pleased to have participated in the ERSP process … M&M recognizes and appreciates ERSP's rationale with regard to those modifications made to the website and will consider them when developing future advertising content.”

ERSP Featured on ABC's 20/20

The clip above is from May 20th's 20/20 episode, Informercial Nation. ERSP Director Pete Marinello appears towards the end of the segment focusing on product claims.

PR: ERSP Finds RHN Can Support Certain Claims for 'RightSize Smoothies,' Marketer Discontinues Certain Claims

New York, NY – May 10, 2011 – The Electronic Retailing Self-Regulation Program (ERSP) has determined that RightSize Health & Nutrition can support certain performance claims for the company’s “RightSize Smoothies.”  ERSP noted in its decision that the marketer had voluntarily discontinued certain claims made at Facebook and in consumer testimonials.

Broadcast, Internet and radio advertising for the product came to the attention of ERSP – which reviews direct-response advertising in all media – through ERSP’s ongoing monitoring.

Performance claims at issue in ERSP’s review included:

• “Everyone can lose weight with RightSize…” and “Lose weight, Not Taste”
• “Lose pounds as you cut calories without feeling hungry!”
• “Only RightSize products contain Appemine - the hunger smashing ingredient that is an all natural thermogenic appetite manager.” [Facebook]
• “Reduce your calorie intake safely”
• “Lose pounds and inches effectively”
• “Patented formula to maintain stable glycemic (blood sugar) levels.”

 ERSP also reviewed claims included in consumer testimonials, including:

• “After the first month, I had lost 30 pounds.  After 6 months, I was down 80 pounds.  Today I'm proud to say I've lost a total of 153 pounds since starting.”
• “In two years I have lost 102 pounds.”
• “I’m down 50 pounds and 5 dress sizes in 90 days!”
• “When I turned 40, I knew I finally had to lose weight. I lost 16lbs.”
• “I have been using Right Size for 13 months and have lost 48 pounds.”
• “Weight Lost: 50 lbs.  The only change I’ve made with RightSize is to drink a smoothie in the morning. *by replacing breakfast with a smoothie, she was able to lose weight through reducing calorie intake. Results not typical.”

ERSP noted in its decision that the marketer provided more than 70 published studies on the efficacy of the various individual ingredients contained in RightSize Smoothies, including one study on the safety of a meal replacement group versus a traditional food group. ERSP determined that the marketer’s evidence provided adequate support for the claims that the advertised RightSize Smoothies plan will safely and effectively reduce the daily caloric intake of consumers when used as a meal replacement.

Following its review of the evidence in the record, ERSP determined that the advertiser could support the performance claims at issue. With respect to the claim relating to Appemine, ERSP noted in its decision that the advertiser voluntarily removed that claim from its Facebook advertising.

Further, the advertiser asserted that it had removed from its advertising all testimonials at issue.

The company, in its advertiser’s statement said it appreciated “ERSP calling to our attention specific weight loss amounts associated with some of our testimonials and regulations against such practices.  As noted, we have proactively made modifications to our website to rectify this issue.”

The Very Best of Ralph Nader

ERSP Director Peter Marinello wrote an article, "The Very Best of Ralph Nader," featured in April's Electronic Retailer magazine - read it here.

FTC Files Complaints Against Affiliate Marketers of Acai Berry

The Federal Trade Commission announced today that it is seeking to take action against 10 online affiliate marketers of acai berry products. The FTC alleges that the marketers have been using fake news blogs, which often included links to and logos of legitimate new organizations, as a way of "...enticing consumers to buy the featured acai berry weight-loss products from other merchants." According to the FTC, even the comments posted in response to "blog" posts were fake and purportedly written by the marketers themselves.

The ads in question (“Acai Berry Diet Exposed: Miracle Diet or Scam?”) were featured prominently on popular websites. The marketers spent more than $10 million in placing the ads on these sites, but the FTC believes the commissions more than made up for the cost.

For more details, see the FTC's press release: http://www.ftc.gov/opa/2011/04/fakenews.shtm

ERSP at IILP's Advertising and Media Law Seminar

ERSP attended New York Law School's Institute for Information Law and Policy's Advertising and Media Law Seminar on April 4th.

The panels covered everything from mobile media marketing to the logistics of carrying out an international advertising campaign, all from a legal perspective. The speakers brought up several timely questions (Is a "Like" an endorsement? To what extent should marketers be held responsible for user-generated content?) and offered some interesting, and surprising, stats (Mobile devices outshipped PCs in Q4 2010).

With the explosive growth in mobile media marketing and other new forms of advertising (a topic for another day), direct response advertisers, often at the forefront of these developments, will likely start adapting to the changing market. As advertisers and marketers branch into this uncharted territory, it'll be interesting to see how some of the legal questions will be addressed and ultimately, answered.

PR: Hindsight Nutritionals Participates in ERSP Forum - ERSP Finds Support for Certain Claims; Recommends Marketer Modify Certain Claims

New York, NY – April 6, 2011 – The Electronic Retailing Self-Regulation Program (ERSP) has determined that Hindsight Nutritionals, marketer of the Evercleanse System, provided adequate support for general weight loss and establishment claims, but recommended the marketer modify certain claims.

ERSP, the electronic direct-response industry’s self-regulatory forum, is administered by the Council of Better Business Bureaus (CBBB) with policy oversight by the National Advertising Review Council (NARC).

The marketer’s advertising came to the attention of ERSP pursuant to its ongoing monitoring program.

ERSP reviewed broadcast, online, and radio advertising for Evercleanse, and identified several claims for review, including:

Performance Claims

·        “Lose the waste. Lose the weight”

·        “How hard is it to lose 10 to 30 pounds or more?”

·         “…but there is a safe, fast, and effective way to lose weight and keep it off, even if you’ve had trouble losing weight in the past.”

Establishment Claims

·        “200% more weight loss!”

·        “Evercleanse is a trusted brand that's been around for years, backed by scientific studies and serious clinical trials”

·        “Scientifically developed and clinically proven means you can cleanse, detoxify, burn away fat and lose up to 200% more weight than diet and exercise alone.”

·        “scientifically proven to lose 200% more weight”

·        “In addition, the cleansing and detoxification program, is designed to work with Evercleanse Slim a weight loss component powered by 7-Keto, the only natural dietary supplement for weight loss, whose efficacy and safety is supported by published scientific research.”

·        “Evercleanse Slim contains a patented ingredient known as 7-Keto. This powerful, stimulant-free weight loss formula is backed by published clinical studies which show : When combined with a healthy diet and exercise program, a 200% greater weight loss than diet and exercise alone; 7-Keto is clinically proven to help reduce body fat and body weight.”

Consumer Testimonials

·        “The results have been astonishing, I have lost 18 pounds, my appetite has lessened and I am more regular than ever before, thanks EverCleanse” [Lori, CA]

·        “EverCleanse is a great product! I lost weight and have never felt better.” [Janice, FL]

·        “If this weight loss keeps up, I am going to be able to fit into my wedding dress from 20 years ago” [Claire, CA]

At the outset of ERSP’s inquiry, Hindsight Nutritionals asserted that it is no longer advertising on television and radio and it is in the process of reviewing its remaining advertising for Evercleanse products. Hindsight Nutritionals informed ERSP that it has removed one of the consumer testimonials that included quantified weight loss claims.

As support for the general weight loss and establishment claims at issue, Hindsight Nutritionals referenced previous ERSP reviews of products containing 7-Keto DHEA, the main ingredient in Evercleanse Slim, and provided the same clinical studies as evidence. Since Evercleanse Slim contains an identical amount of 7-Keto DHEA as used in the studies, ERSP saw no reason to deviate from its earlier decisions, and found the evidence to provide adequate support for the general performance claims.

ERSP determined that it is important for consumers to be provided with a qualified context for advertising claims. Specifically, ERSP recommended that Hindsight Nutritionals modify claims to include a basis of comparison (e.g., “lose up to 200% more weight than diet and exercise alone”).

Additionally, ERSP noted that Hindsight Nutritionals should clearly distinguish its Evercleanse Slim product, the subject of the clinical studies submitted, from its Evercleanse cleansing and replenishing products in an effort to help consumers understand that the “clinically proven” claims reference Evercleanse Slim alone.

The company, in its marketer’s statement, said, “Hindsight Nutritionals supports the work of the NARC and specifically the Electronic Retailing Self-Regulation Program and their efforts to ensure integrity in the direct response industry. Hindsight feels the inquiries made as part of this review were good and helpful in providing additional insight into the perception of our advertising. Going forward we will endeavor to separate any references to clinically or scientifically proven from our colon cleansing products and our weight loss product.”