New York, NY – Jan. 13, 2009 – The Electronic Retailing Self-Regulation Program (ERSP) has determined that Fitness IQ, LLC., provided a reasonable basis for certain claims for Shake Weight Exercise Equipment, but recommended the marketer modify certain claims. The marketer’s advertising came to ERSP’s attention pursuant to 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).

ERSP examined claims in broadcast and online advertising that included:

• “fastest, easiest, most effective.”
• “Designed specifically for women.”
  • “Based on a completely new workout technology called Dynamic Inertia which ignites the muscles in your arm, shoulders, and chest.”
• “Scientific studies at a prestigiousCaliforniauniversity prove that the Shake Weight increases upper body muscle activity by more than 300% compared to traditional weights.”
• “Scientifically proven results.”

Fitness IQ agreed to voluntarily modify its “fastest, easiest most effective” claim to specifically limit its comparison in future advertising to “dumbbells and push-ups,” which ERSP found consistent with the parameters of the testing submitted by the marketer.

ERSP determined that the marketer’s use of the term “designed specifically for women” was appropriate based upon the marketer’s design of the 2.5 lb. Shake Weight. Further, ERSP found that the marketer’s exclusive use of the term “Dynamic Inertia” was not inappropriate.

ERSP determined that the marketer adequately supported its claim that the product has been “scientifically proven.”

ERSP recommended that the claim that “the Shake Weight increases upper body muscle activity by more than 300% compared to traditional weights” be modified to make the representation more accurate in its quantified advertised context in future advertising.

The company, in its marketer’s statement, said “FitnessIQ supports and applauds the efforts by ESRP to ensure accurate and scientifically proven advertising claims by all marketers in Electronic Retailing.” The marketer added that “…FitnessIQ voluntarily agrees to adopt the modified claim ‘the Shake Weight increases upper body muscle activity by approximately 300% compared to traditional weights’ as recommended by the ESRP.”