BBB National Programs Archive
Hyper Interactive Media LLC Participates In ERSP Forum
New York, NY – Nov. 4, 2009 – The Electronic Retailing Self-Regulation Program (ERSP) has determined that Hyper Interactive Media, LLC, has provided a reasonable basis for the core claim that the maximum-strength version of Prolatis All Natural Male Performance Pill has been “clinically proven,” but recommended that similar claims for the regular strength product be discontinued. 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 online advertising that included:
- “Prescription strength without the prescription”
- “100% Clinically Proven”
- “Clinically Proven to get you Results!”
- “Prolatis is one of the best, most powerful and pleasurable all natural male enhancement supplement’s available.”
At the outset of the inquiry, the marketer advised ERSP that it would voluntarily remove from online advertising the claim “Prescription strength without the prescription.”
ERSP determined that the clinical study submitted by the marketer constituted a reasonable basis for the core establishment “clinically proven” claim for maximum strength Prolatis, based on its review of the advertiser’s placebo-controlled clinical study.
However, it came to the attention of ERSP during the pendancy of the inquiry that Prolatis has been marketed in two forms, as a regular strength product and as a maximum strength product. Both the labeling, product instructions and list of product ingredients are distinct to each product.
ERSP determined that it would be reasonable for consumers to take-away from the advertising that regular strength Prolatis has been clinically proven to be effective as a male sexual enhancement product. Regular strength Prolatis, however, was not the subject of the clinical study offered by the marketer as support for its core establishment claim. ERSP therefore determined that any and all advertising which communicates either an express or implied message that the regular-strength product has been clinically proven be discontinued.
Finally, ERSP recommended that the marketer discontinue the superiority claim that “Prolatis is one of the best, most powerful and pleasurable all natural male enhancement supplement’s available.”
The company, in its marketer’s statement, said that although it disagreed with ERSP’s conclusions regarding the applicability of clinically proven claims to both product strengths, it “respects ERSP’s views and, in the spirit of cooperation, will endeavor to incorporate its recommendations in future advertising for Prolatis.”