BBB National Programs Archive
ERSP Refers NVE Pharmaceuticals To FTC
New York, NY – September 4, 2008 – The Electronic Retailing Self-Regulation Program (ERSP) has referred advertising by NVE Pharmaceuticals, marketer of the Appuloss Herbal Dietary Supplement, to the Federal Trade Commission (FTC), following the marketer’s failure to provide a substantive response to ESRP’s request for substantiation of advertising claims.
The online advertising came to the attention of ESRP pursuant to its ongoing monitoring activities.
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 initial inquiry included:
- • “Helps burn fat on: Bellies, Butts, Hips, and Thighs”
- • “Combat diet fatigue”
- • “Oxidize fat”
- • “Don’t just burn belly fat, get help burning it all with Appulos Diet.”
- • “Appuloss immediate release granules help burn fat on bellies, hips, thighs, and butts while busting energy.”
- • “When combined with caffeine these two powerhouse ingredients (Epichasine™ and EGGG) have been reported to enhance fat oxidation, stimulate thermogenisis, influence body weight and body composition via changes in EE(24-hour energy expenditure)”
- • “Appuloss Diet is a unique proprietary complex of the most pivotal thermogenic agents internationally studied.”
- • “Appuloss Diet may become the strongest, most effective diet break through to date.”
At the outset of ERSP’s inquiry, a representative of the marketer was granted short extension to allow for submission of a substantial written response to the claims at issue. Subsequently, the marketer failed to submit a response.
Following a second attempt by ERSP to contact the marketer, and subsequent failure by the marketer to submit a substantial written response within an additional 10 day period, ERSP has referred this inquiry to the Federal Trade Commission pursuant to section 2.6(B) of the ERSP Policy and Procedures.