New York, NY – March 15, 2010 – The Electronic Retailing Self-Regulation Program (ERSP) has determined that N.V. Perricone, LLC provided adequate support for certain performance claims for Cold Plasma Skin Cream, but recommended the marketer modify certain claims. The marketer’s advertising came to ERSP’s attention through a competitive challenge.

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 claims in broadcast and online advertising, including: 

• “Skin will look lifted and firmed in minutes”
• “L-Tyrosine is an amino acid that helps brighten the skin”
• “DHA – a powerful essential fatty acid that preserves skin’s youthfulness, provides superior hydration and prevents future damage”
• “As you can see from the results, independent clinical trials have substantiate the effectiveness of Cold Plasma”
• “69% reported a lessening in the appearance of redness and skin blotchiness”

Following ERSP’s initial inquiry, the marketer said it would voluntarily discontinue certain general performance claims that were the subject of this inquiry.

However, ERSP remained concerned about the accuracy of the claim that “Skin will look lifted and firmed in minutes,” and determined that anecdotal responses from consumers were insufficient to properly support the claim.
 

ERSP determined that the marketer’s consumer usage study provided a reasonable basis for the percent improvement claims as reported by consumers. However, ERSP recommended the marketer modify future advertising to assure that descriptions of the consumer use study do not communicate the message that consumer responses serve as clinical proof of the efficacy of the product.

The company, in its marketer’s statement, said it “appreciates ERSP’s guidance and will take into account ERSP’s recommendation that establishment claims relating to testing methodology be precisely described.”