BBB National Programs Archive
LL&C Dealer Services Participates In ERSP Self-Regulatory Forum
New York, NY – January 12, 2005 – The Electronic Retailing Self-Regulation Program (ERSP) announced that LL& C Dealer Services (LL&C), marketers of the Tornado Fuel Saver, have provided a reasonable basis for general performance claims and was asked to modify specific quantified performance claims and to include disclaimers over product testimonials. The marketer’s advertising was reviewed pursuant to ERSP’s monitoring program.
ERSP, the electronic direct-response industry’s self-regulatory forum administered by the Council of Better Business Bureaus (CBBB) with policy oversight by the National Advertising Review Council (NARC), reviewed core claims that include:
Designed to increase your gas mileage …and more horse power.”
“The Tornado Fuel Saver can save you $20, $40 maybe even up to $60.00 monthly”
“World’s best gas saving device.”
“I’m saving at least 15% on my gas mileage.”
ERSP determined that the several tests submitted by the marketer provided adequate substantiation for the claim that the Tornado Fuel Saver has been “Independently tested by experts world wide.”
Although it did not object to the marketer’s claims of general product performance (i.e., “Better gas mileage, better performance, more horsepower”), ERSP determined that the other specific, quantified claims of increased miles per gallon (i.e., “Better fuel atomization results in an increase in gas mileage up to 28%!!!”), increase horsepower (i.e., “up to 20 more horsepower.”) and money saved (i.e., “Save up to $60.00 monthly”; “Save up to 15% on your gas dollars each month.”; “…for every 8-10 tank fulls…get 1 free.”) in the context of the advertising were not adequately supported because the limited number of vehicle tests could not account for the significant variability inherent in this type of product performance testing and, accordingly, the data provided to ERSP did not give an accurate account of the typical product performance that consumers could expect from the Tornado Fuel Saver.
Similarly, in the absence of any disclosures indicating that product performance may vary, the consumer testimonials that communicate specific claims related to saving gas and money and increasing horsepower were not properly supported.
Finally, ERSP agreed that the marketer’s claims that “…technology is basically the same [as a jet engine]” and that the Tornado Fuel Saver is “World’s best gas saving device.”, although properly addressed by LL&C, were not core claims as defined by the ERSP Policy and Procedures .
In response to ERSP’s findings, LL &C Dealer Services said it “…is pleased that the Electronic Retailing Self-Regulation Program has concluded that substantiation exists for the fundamental claims in LL&C’s advertising for the Tornado Fuel Saver…Therefore, LL&C accepts ERSP’s decision in its entirety….and will modify its advertising to make that clearer. LL&C urges other direct-response marketers to join it in supporting the ERSP program.”