New York, NY – February 25, 2005 – The Electronic Retailing Self-Regulation Program (“ERSP”), the electronic direct-response industry’s self-regulatory forum supervised by the National Advertising Review Council (“NARC”), announced that direct response marketer Alena has provided a reasonable basis for general performance claims communicated for its Carb Manager product in an online web advertisement, and agreed to qualify other product claims included in its advertisement. The truth and accuracy of the marketer’s claims came to the attention of ERSP through an anonymous consumer challenge.

In the inquiry, ERSP requested that the marketer provide substantiation for several core performance claims communicated in the online advertisement for the Carb Manager. The representative claims at issue included: “This daily dietary supplement lowers blood sugar, helps insulin function, and increases energy expenditure”;  “increases energy”; “Lose Weight Without Cutting Your Favorite  Foods”; “Eat What You Want And Still Burn Carbs.”; and “Helps Create Lean Mass Instead of Fat.”

ERSP determined that the marketer did provide a reasonable basis for the general performance claims that “This daily dietary supplement lowers blood sugar, helps insulin function, and increases energy expenditure” and that the Carb Manager “increases energy.” However, it also recommended that the claims stating “Lose Weight Without Cutting Your Favorite Foods”; “Eat What You Want And Still Burn Carbs.”; and “Helps Create Lean Mass Instead of Fat” be qualified in future advertising to make clear to consumers that the Carb Manager/Body By Jake supplement is designed to be used  in conjunction with a diet and exercise program.

In its acceptance of ERSP’s recommendations, the marketer stated that:  “Alena is pleased that the ERSP has concluded that the core efficacy claims…have been properly substantiated.  Alena will ensure that any future advertising for Carb Manager…are properly qualified to make clear to consumers that the Carb Manager supplement is designed to be used in conjunction with a diet and exercise program.”