BBB National Programs Archive

Barmensen Labs, LLC Participates In ERSP Forum

New York,NY– March  xx, 2007 – The Electronic Retailing Self-Regulation Program (ERSP) has announced that Barmensen Labs, LLC., marketer of the Maxoderm Male Enhancement Topical Solution, has provided adequate support for certain performance, comparative, and endorsement claims,  while voluntarily discontinuing or modifying others. The marketer’s advertising was brought to ERSP’s attention through its ongoing monitoring program.

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).

Claims at issue in the ERSP inquiry included:

  • “Instant Male Enhancement.”
  • “Immediately enhances virility, firmness, and male performance.” “Immediate Results- You will feel and see a difference immediately, starting with your very first application.”
  • “Recommended by a leading physician.”
  • “Unlike other products (like herbal pills), MAXODERM’s highly active patent pending formula, Vasotran Auctum™ contains very powerful topical properties- once applied, stimulate the senses immediately.”

At the outset, the marketer said it was currently in the process of modifying or discontinuing several of the claims at issue in the ERSP self -regulatory inquiry, including:

  • “Clinically Tested Formula.”
  • “The best-selling topical male enhancement formulate that instantly affects firmness, male virility, and performance.”
  • “97% Customer Satisfaction.”
  • “Uses targeted delivery to help improve virility and firmness while revitalizing those areas of the skin involved with full arousal.” “Immediately enhances virility, firmness, and male performance.” “Join the hundreds of thousands of men that have discovered the Maxoderm edge to better virility and performance.”
  • “… I have gained almost 1 inch in length since using the product.” “Targeted Delivery System – the only product on the market designed to give you stronger, fuller feeling erections using a targeted delivery system applied directly to the source.”
  • “..After only the second day of using MAXODERM I noticed that my erection was much firmer and lasted longer. I love the feeling I have already experienced. Now after sticking to the usage program for only one month I can say that my wife is amazed at how long I can last now. No more premature ejaculation for me…”

With respect to the remaining claims, ERSP determined that the marketer provided adequate support for the comparative claim “Unlike other products (like herbal pills), MAXODERM’s highly active patent pending formula, Vasotran Auctum™ contains very powerful topical properties – once applied, stimulate the senses immediately” and the endorsement claim “Recommended by a leading physician.”

ERSP agreed with the marketer that the performance claim “Instant Male Enhancement,” when disseminated in a general context, would not be interpreted as a measurable claim.  ERSP concluded that as long as the claims of providing “Instant” or “Immediate” results were not communicated in concert with specific product performance expectations, the marketer provided a reasonable basis for the description of the onset of activity for Maxoderm.

The company, in its marketer’s statement, said “Barmensen is committed to industry self – regulation and supports the ERSP’s efforts to promote truthful and accurate advertising.”

“Barmensen will take into consideration the recommendations made by ERSP in its final decision with regard to future advertising.” the company said.