BBB National Programs Archive

Advanced Metabolic Research Group Participates In ERSP Forum

New York, NY – Dec. 5,  2007 – The Electronic Retailing Self-Regulation Program (ERSP) has determined that Advanced Metabolic Research Group adequately supported certain claims for its dietary supplement Lucidal and voluntarily modified certain claims. Advertising for Lucidal came to the attention of ERSP through a consumer 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).

ERSP examined: Establishment Claims

  •            “Lucidal is … clinically tested and shown to do the following: Improve memory andbrain performance; Enhance thinking speed and clarity; Improve ability to remember and recall information; Increase mental energy and alertness; Improve mood, reducing anxiety and feelings of depression



Performance Claim

  •            Dramatically improve focus”
  •            “Dramatically improve concentration”
  •            “Maintain optimal brain Function”


Doctor/Expert Endorsement

  •            “The Lucidal formula nourishes and protects the brain from oxidizing free radicals, improving the brain’s energy production. As the clinical study showed, this enhances memory and mental clarity, improves mood, focus and concentration, and increases mental energy.” [Dr. Larry McCleary]


Exclusivity Claim

  •            “The  breakthrough  Lucidal  formula  is  the  fist  and  ONLY  cognitive  enhancing supplement of its kind that has been clinically tested by an independent 3rd party and shown to dramatically reduce or eliminate feelings of sadness, anxiety, moodiness, irritability, mental fatigue, and ‘brain fog’

In regard to the establishment claims, ERSP determined that  in certain  contexts,  its reference of the product as being  “clinically tested” was  appropriate. However, ERSP further determined that making an unqualified claim  that  Lucidal  has  been  “clinically  tested” and  “GUARANTEED” to perform could  lead  consumers to believe  that  the clinical test referred to was conclusive proof  of Lucidal’s performance capabilities.

Regarding performance claims for Lucidal,  ERSP determined that the marketer’s testing  provided a reasonable basis for its general claims that Lucidal  will improve focus, concentration, mood  and maintain brain functioning.

ERSP concluded that Dr. McCleary’s endorsement claim was in compliance with the rules established by the Federal Trade Commission. ERSP noted in its decision that, during the course of its review,  the marketer agreed to add  a disclaimer to testimonials on its Website  and infomercial. The disclaimer will state that the testimonials have not “been evaluated by the Food and Drug  Administration. This product is not intended to diagnose, treat, cure or prevent any disease.”

Finally, ERSP recommended the marketer modify the exclusivity claim to avoid communicating that Lucidal is the only cognitive enhancing product that has been tested in a clinical environment for mood and memory.

The company, in its marketer’s statement, said “At the onset of ERSP’s inquiry into AMRG’s promotion of Lucidal, several areas of concern were identified by ERSP; however, we note that by the end of ERSP’s final case report, in the analysis section, only three claims remained that were still in question. It bears further emphasis that AMRG has taken the initiative to modify or otherwise qualify each of these three remaining claims on the Lucidal Website.”