BBB National Programs Archive
ERSP Refers Ultimate High Informercial To The FTC
New York, NY – September 10, 2004 – The newly formed Electronic Retailing Self-Regulation Program (“ERSP”), the elerctronic direct-response industry’s self-regulatory forum, announced that it will refer advertising by Great American Products, Inc. for its dietary supplement, Ultimate HGH , to the Federal Trade Commission (“FTC”). The truth and accuracy of the marketer’s claims came to the attention of NAD through its routine and on-going monitoring program.
The ERSP inquiry originated from core claims communicated in Great American Products’ infomercial. Among the representations in the thirty- minute advertisement were: Ultimate HGH could “reverse the aging process”; build muscle; remove wrinkles; increase immune function; improve vision and memory retention; and assist in the loss of unwanted cellulite. ERSP was also concerned by the statement that the performance and efficacy of Ultimate HGH has been proven by “numerous scientific studies,” as well as a number of consumer testimonials attesting to specific product performance.
Citing confidential reasons, Great American Products chose not to address the veracity of the product performance claims made in their thirty-minute infomercial. Pursuant to ERSP procedures, the marketer’s actions have compelled the self-regulatory forum to refer this inquiry to the FTC in order to address ERSP’s preliminary concerns with the advertising in the Ultimate HGH infomercial.
ERSP was launched on August 1, 2004 with policy oversight provided by National Advertising Review Council (“NARC”) to look at the truth and accuracy of claims in direct response marketing. The direct response industry, which includes long form (infomercial) productions, short-form commercials, live home shopping channels, Internet marketing and radio advertising generated estimated revenues of $256 billion in 2003 alone. This self-regulatory forum inquires about the truth and accuracy of claims in both short and long format direct response advertising brought to ERSP’s attention through consumer or competitor challenges and ERSP’s own ongoing monitoring program.