ERSP Reviews Advertising for HCG Triumph; Recommends Marketer Modify, Discontinue Claims

The Electronic Retailing Self-Regulation Program (ERSP) has recommended that Triu Naturals, LLC modify or discontinue certain advertising claims for the company’s HCG Triumph.

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 online advertising for HCG Triumph, and identified several claims for review, including:

• “Lose up to 2 pounds per day.
• “Incredibly fast and safe weight loss.”  
• “Just as effective in the oral form as the injections.” 
• “You are able to keep the weight off.”
• “I lost 25 lbs in 21 days!”
• “I have lost 10 pounds in less than 2 weeks!”

During the pendency of the inquiry, the marketer informed ERSP that it made several changes to its website and voluntarily removed all of the claims at issue. However, ERSP remained concerned about the core message (i.e., HCG Triumph will contribute to weight loss in a way that is separate and apart from the accompanying low-calorie diet) communicated in the advertising.

While ERSP confirmed that two of the testimonials were removed, the marketer continues to disseminate a testimonials section on its website. The “Testimonials” page does not include a disclosure indicating that the weight loss is atypical or the generally expected results from use of HCG Triumph. The marketer informed ERSP that it would add a disclosure, but ERSP noted the marketer did not provide any substantive evidence that would support the weight loss results depicted and advertised.

Several of the testimonials do not make a distinction between the homeopathic HCG drops and the low calorie diet plan. ERSP determined that the advertising continues to communicate that the HCG drops significantly contribute to weight loss in a way that is separate from the low calorie diet. As a result, ERSP recommended the marketer discontinue consumer testimonials as currently presented on its website.

The company, in its marketer’s statement, said, “We have made some corrective changes to our website and are continuing to give serious consideration to your Final Decision … We are pleased to have participated in ERSP’s self-regulatory process.”

ERSP Refers Advertising from Venus America to FTC for Review; Marketer Fails to Provide Sufficient Evidence for Claims

The Electronic Retailing Self-Regulation Program (ERSP) will refer direct-response advertising from Venus America Corp., maker of Venus Mother of Pearl Powder Cream, to the Federal Trade Commission (FTC), following the marketer’s failure to provide sufficient evidence to support its performance 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 ERSP’s attention through an anonymous competitive complaint.

Claims at issue in the initial inquiry included:

• “Reducing blemishes, scars, wrinkles, stretch marks, acne, pimples, blackheads, crow’s feet, expression lines, irritation after shaving.”
• “The only one that has maintained itself within the market with results; tested and proven.”
• “A 100% natural formula with all the regenerative power of its principle ingredient – mother of pearl powder, extracted from the bottom of the sea and enriched with vitamins to make your skin look smoother, hydrated and healthy.”
• “Venus Mother of Pearl Powder Cream from Veracruz Mexico possesses an antimicrobial agent attacking and preventing the growth of bacteria on the skin. Being a natural product it causes no harmful side effects.”
• “It reduces the wrinkles in very few weeks.”

Following the marketer’s failure to submit to ERSP any evidence that would demonstrate a reasonable basis for its claims, ERSP recommended that the marketer discontinue the claims at issue. ERSP then forwarded its recommendations to the advertiser and requested a Marketer’s Statement as to whether the company would agree to discontinue the claims.

The marketer did not respond to ERSP’s and after expiration of the five (5) day time period provided by the Electronic Retailing Self-Regulation Program Policy & Procedures, ERSP referred the matter to the FTC for further review.

ERA Government Affairs Fly-In 2012

On Tuesday, May 8, Peter and Lee Peeler (President and CEO, Advertising Self-Regulatory Council) traveled to Washington, D.C. for the annual ERA Government Affairs Fly-In.

Lee, along with Lois Greisman (FTC), presented on issues that the regulators are focused on in the electronic retailing space. They also discussed the importance and role of the industry's self-regulatory initiatives.

Lois Greisman, Head of the Federal Trade Commission's Division of Marketing Practices in the Bureau of Consumer Protection

While there, Peter had the opportunity to attend informative panels on trends in electronic retailing and advertising and network with leaders in the direct-response industry.

ERSP Review Advertising for Omega XL: ERSP Finds Support for Certain Claims; Recommends Marketer Modify Certain Claims

The Electronic Retailing Self-Regulation Program (ERSP) has determined that Great HealthWorks (GHW) has provided adequate support for certain claims made in direct-response advertising for “Omega XL,” a patented fish-oil dietary supplement. The marketer voluntarily discontinued several claims that were the subject of the ERSP inquiry.

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 Omega XL and identified several claims for review, including:

• “Live a life that's healthy with the anti-inflammatory that's 100 times more effective in treating inflammation.”
• “Omega XL Benefits: Inflammation and Pain, Joint Health & Joint Mobility, Heart Health, Healthy Cholesterol, Blood Pressure Support, Healthy Brain Function, Respiratory Health, Energy and Endurance.”
• “Compared to Omega-3 from fish or plants, extensive research on Omega XL has proven it to be more effective in treating inflammation that causes joint pain.”
• “The powerful oil extract in Omega XL is made under a patent protected process and its effects are supported by years of research and studies -- safe and effective with no known side effects.”
• “This diverse combination of essential fatty acids is what makes Omega XL so unique and is why over 25 years of multiple clinical studies confirms that Omega XL is the Most Powerful, Natural Anti-Inflammatory on Earth!”
• “Omega XL is MUCH smaller yet MORE potent than regular fish oil.”
• “In about 3 weeks after taking Omega XL I could feel the results.”

As support for the health benefits of Omega XL, GHW submitted a number of studies on PCSO-524, a patented oil and the primary ingredient found in Omega XL.

After reviewing the case record, ERSP agreed that the marketer provided a reasonable basis for some of the health benefits of the product regarding inflammation and pain, joint health and mobility, and the maintenance of respiratory health.

However, ERSP recommended GHW discontinue claims concerning cholesterol, blood pressure, and brain function. Further, ERSP recommended that the marketer modify its claim relating to heart health to include information regarding the daily maximum EPA and DHA dosages as outlined by the Food and Drug Administration. GHW also informed ERSP that it has voluntarily discontinued claims relating to energy and endurance.

In reviewing the establishment claims, ERSP recommended that GHW modify certain claims to include language pertaining to the suspected risks of the consumption of EPA and DHA in excess of 3 grams per day.

Although the marketer provided ERSP with comparisons of Omega XL with other types of oil and prescription medicines, ERSP determined that the comparative data could not support the claim that “… Omega XL is the Most Powerful, Natural Anti-Inflammatory on Earth!”

Similarly, although the marketer provided information on the effect of Omega XL on joint pain and inflammation, ERSP determined that the marketer’s representation that “extensive research on Omega XL has proven it to be more effective in treating inflammation that causes joint pain” could be construed as an establishment claim. ERSP recommended the claim be modified.

ERSP found the marketer adequately supported claims that “Omega XL is the ONLY product containing a total of 30 fatty acids” and that it “…is MUCH smaller yet MORE potent than regular fish oil.”

GHW indicated to ERSP that it had voluntarily discontinued the consumer testimonials at issue.

The company, in its marketer’s statement, said, “It welcomes and appreciates ERSP’s thorough and thoughtful review of advertising for Omega XL. The Company is committed to ensuring that its advertising is truthful, accurate, and substantiated. We have reviewed ERSP’s decision regarding direct response advertising for Omega XL and we will take your recommendations into consideration in future advertising.”

ERSP Finds Sleeping Well, LLC Can Support Certain Claims for ZQuiet: Recommends Marketer Modify Certain Claims

The Electronic Retailing Self-Regulation Program (ERSP) has determined that Sleeping Well, LLC has provided adequate support for certain performance claims made in its direct-response advertising for ZQuiet, a device intended to treat nighttime snoring.

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 and online advertising for ZQuiet, and identified several claims for review, including:

• “No Strips, no drugs, no sprays - just put it in and the snoring is gone!”
• “Works immediately!”
• “FDA Cleared to treat snoring. In order to obtain FDA Clearance, ZQuiet had to prove not only that the material is safe - but also that the product effectively achieves its intended purpose.”
• “Decades of research have proven that the technology behind ZQuiet solves snoring for over 90% of people that use it…” and “ZQuiet uses the same method that dentists have used for over 25 years to cure over 90% of their patients’ snoring issues – but ZQuiet is engineered to work right out of the case without the high cost and visits to the dentist."
• “ZQuiet is one of the few anti-snoring treatments that actually works…”
• “Dentist Designed and Recommended!”

During the pendency of the inquiry, the marketer informed ERSP that it would voluntarily add a disclosure to its website to further qualify certain claims.

Sleeping Well submitted its FDA 510(k) pre-clearance for ZQuiet in order to support the claim that the product is FDA-cleared.

Although the marketer adequately supported most of the performance claims at issue, ERSP remained concerned about the message communicated by the claim “No Strips, no drugs, no sprays - just put it in and the snoring is gone!” ERSP determined that it would be reasonable for a consumer to interpret this claim to mean snoring will be eliminated. While ERSP agreed that the evidence indicates that the use of ZQuiet can improve snoring conditions, it was not convinced that the cessation of snoring can be deemed as typical product performance. ERSP recommended the marketer modify the claim.

As support for the establishment claim, Sleeping Well provided ERSP with several studies on mandibular advancement devices. Based upon its review of the evidence, ERSP concluded that the establishment claim was adequately supported.

The marketer represented to ERSP that it was no longer disseminating the claim “Dentist Designed and Recommended!” in its advertised context. Sleeping Well also voluntarily discontinued the comparative claim at issue (i.e., “ZQuiet is one of the few anti-snoring treatments that actually works…”).

The company, in its marketer’s statement, said, “Sleeping Well is committed to ensuring that its advertising is truthful, accurate, and substantiated. Sleeping Well values and supports industry self-regulation, and we welcome the ERSP's decision regarding advertising for Sleeping Well's products.”

Ad Age Features Direct-Response Industry and the Need for Self-Regulation

Today's Ad Age article, "But Wait, There's More! Gaining Trust in the Direct-Response Realm" by Julie Coons (ERA President and CEO) highlights ERSP's role in the growing need for self-regulation of direct response marketing.

According to Coons, "ERSP is good for our customers. It monitors the marketplace, holds advertisers responsible for their claims and practices, and tracks emerging issues and trends."

April 23, 2012 print edition of Advertising Age

This edition also announces the re-branding of the Advertising Self-Regulatory Council (ASRC), formerly known as the National Advertising Review Council (NARC).

ERA's SupERAchievers Newsletter Highlights the Benefits of Self-Regulation

Today's ERA SupERAchievers newsletter featured a nice write-up on Jeff Meltzer, of Meltzer Media, and direct-response self-regulation. In particular, the article describes Mr. Meltzer’s career path in what he describes as the ‘Wild Wild West’ of direct response, and the steps taken to form the ERA and ERSP.

Mr. Meltzer applauds ERSP’s self-regulatory efforts, and suggests that “having programs like ERSP not only keeps our industry clean, but also keeps consumer confidence up.”