BBB National Programs Archive
Lumiport LLC Participates In ERSP Forum
New York,NY– May xx,, 2006 – The Electronic Retailing Self-Regulation Program (ERSP) has determined that Lumiport, LLC (Lumiport), marketer of the DermaStyle Skin Care Light (DermaStyle), provided a reasonable basis for its claims of general product efficacy and also requested modification of certain core claims in an effort to communicate a more unambiguous message to consumers.
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 noted in its decision that the marketer has voluntarily submitted the DermaStyle for independent third-party testing. The marketer’s advertising came to ERSP’s attention through an anonymous challenge.
Cla ims identified by ERSP included:
- “Not only will the light reduce current breakouts it can prevent blemishes from forming in the first place”
- “Uses clinically proven technology to clear acne fast”
- “DermaStyle meets FDA safety guidelines and has passed all other skin care lighting safety tests.”
- “No other light system on the market comes close to the innovation, technology or safety of DermaStyle”
- “I had a zit forming, I used DermaStyle and the next day it was smaller, the following day it was completely.”
While the ERSP review was underway, the marketer stated that it intended to conduct independent, third-party testing on DermaStyle and that it was in the process of voluntarily modifying its advertising. Specifically, the company said it would revise certain performance claims and clarify that the product itself is not clinically proven but the design of DermaStyle is based upon “technology” that has been the subject of clinical testing. Lastly, the marketer agreed to provide more information on its compliance with IEC safety standards.
ERSP noted in its decision that it appreciated the marketer’s efforts. Following its review of the evidence, ERSP recommended the marketer use less categorical language in describing product performance and recommended slight modifications to two comparative claims.
“After careful review of ERSP’s most recent letter, we are happy to comply with all the ‘findings and final recommendations’ in its entirety,” Lumiport said in its marketer’s statement. “We have already implemented most of these changes.”