BBB National Programs Archive
Alchemy Worldwide Takes Part In ERSP Forum
New York, NY – April 18, 2007 – The Electronic Retailing Self-Regulation Program (ERSP) has announced that Alchemy Worldwide, marketers of the Youthology 90-Second Wrinkle Removing Eye Serum, have adequately supported several claims, but recommended the company discontinue a performance claim that suggests the product “lasts up to eight hours.”
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 through its routine monitoring program.
ERSP reviewed core claims that include:
- “Look 10 years younger in 90-seconds”
- “Instantly eliminate the signs of aging”; ”What if you could turn back the hands of time and make the wrinkles and age lines around your eyes completely disappear in only 90-seconds?”
- “Youthology 90-Second Wrinkle Removing Eye Serum™ and Youthology Clinical Essentials™ products are designed to reduce the signs of aging quickly and effectively on all skin types, regardless of age or ethnic origin.”
- “In just 90-seconds, you can make the wrinkles, crow’s feet and puffy bags around your eyes totally disappear for up to 8 hours so you can look younger and more vibrant all day long.”; “lasts up to 8 hours”
- “This revolutionary treatment is the only age-defying serum containing Active
- Rejuvatin™, a skin suspension complex that actually mimics the mechanical action of a surgical facelift.”
ERPS reviewed evidence that included testing data and before and after photographs of product users under independent and controlled conditions and determined the marketer had provided a reasonable basis for the claims that Youthology can “eliminate the appearance of wrinkles, crow’s feet and age lines in 90-seconds.”
Further, ERSP determined that the on-screen demonstration of product performance featured in the advertising provided an accurate depiction of product performance. ERSP found that marketer’s claim to “Look 10 years younger in 90-seconds,” in the context of the advertising may be considered a subjective statement that the reasonable consumer would interpret as non- measurable and puffery.
ERSP determined that the marketer also provided a reasonable basis for the representation that
- Youthology works “quickly and effectively on all skin types, regardless of age or ethnic origin,”
Finally, ERSP determined that the evidence did not support the claim that “Youthology Works Up to 8 Hours,” and recommended the company discontinue the claim in the unqualified context in which it appeared.
Youthology, in its marketer’s statement, said the company “is pleased that ERSP has concluded that the core efficacy and performance claims” were properly substantiated.
“While Youthology respectfully disagrees with ERSP regarding the eight hour claim and believes that the consumer data submitted was sufficient to support this claim, it will give careful consideration to ERSP’s concern in future advertising,” the company said.