New York, NY – Oct. 10, 2007 – The Electronic Retailing Self-Regulation Program (ERSP) has determined that Frutels, LLC, marketer of the Frutels Gummy Vitamin For Acne, has supported a performance claim related to the product guarantee, but recommended modifying other claims. The marketer’s advertising was brought to ERSP’s attention pursuant to its routine 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:

•          “73% of people saw visible results in their skin in just 7 days.”
•          “Frutels has helped so many people get rid of their can.”
•          “You have nothing to lose except your acne!”
•          “You should observe a general calming down of your skin within 12 hours. For mild to moderate acne, Frutels should work within a week.”
•          “Frutels is the first ever gummy candy to fight acne.”
• Based upon the lack of specific scientific evidence regarding the efficacy of this formula on acne, ERSP recommended that the marketer’s claims be modified and that it refrain from suggesting that the product can be used as a treatment for acne or its symptoms.

ERSP concluded that the marketer’s survey data did not support the claim that “73% of people saw visible results in their skin in just two weeks” or the claim that “You should observe a general calming down of your skin within 12 hours. For mild to moderate acne, Frutels should work within a week.”

ERSP noted its appreciation for the marketer’s commitment to remove the phrase “get rid of acne.”

Finally, ERSP recommended that the marketer modify the claim “Frutels is the first ever gummy candy to fight acne” to more accurately indicate that Frutels is the first ever gummy candy designed to maintain the health and appearance of skin and provide relief from various skin conditions.  ERSP also recommended the marketer include a clear and conspicuous disclosure on the consumer testimonials Webpage regarding the variance of the stated results from what may be typically experienced by consumers.

ERSP agreed with the marketer that the claim “You have nothing to lose except your acne!” was clearly and conspicuously disseminated in the context of a money-back guarantee as the claim was isolated from other claims in the advertisement.