New York, NY – Dec.  9, 2010 – The Electronic Retailing Self-Regulation Program (ERSP) has determined that Lemonade Weight Loss LLC, marketer of the Lemonade Weight Loss Diet program, provided adequate support for general performance claims but recommended the marketer modify certain claims and add disclosures regarding the meal plan and diet components.

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).

The marketer’s advertising came to ERSP’s attention through its ongoing monitoring efforts.

ERSP examined claims in broadcast and online advertising that included:

• “You can lose 5,10, up to 17 pounds in as little as 2 weeks”
• “…dropped 1-2 pant sizes in just 14 days”
  • “Well the lemonade weight loss diet is both a detoxification program and a weight loss program”
• “This can help improve health of immune system and the entire body”; “improve your immune system”
• ““I lost 9 pounds 8 inches and a lot around the middle which is my muffin top, well it’s gone.”

During the course ERSP’s inquiry, the marketer asserted that it would discontinue claims that the product “improve your immune system.”   Further, the marketer asserted that the broadcast advertising at issue was no longer running. However, because advertising for the product continued to appear online and the marketer indicated its intent to publish many of the same core claims for the product at some point  in  the  future,  ERSP  proceeded  to  examine  the  marketer’s  evidence  to determine whether there was support for the core messages.

Although ERSP found the evidence in the record, including clinical studies of the studies of the ingredients in the product, could support general claims that use of the product could result in weight loss, ERSP recommended that the advertising be modified to clearly and conspicuously disclose that the results stated and depicted in the advertising are based on use of the product in addition to a meal plan and diet component.

ERSP noted  that  the  marketer  asserted it  would  include  a  disclosure  in  future advertising indicating the amount of weight loss consumers may typically expect to receive based upon information related to the dosage of the product’s ingredients and the calories burned when adhering to the diet’s meal plan and exercise program.

The company, in its marketer’s statement, said “Lemonade Weight Loss accepts the recommendations of ERSP in their entirety and is prepared to include the recommended disclosures in future advertising materials.”