BBB National Programs Archive

 

Moxxor LLC Participates In ERSP Forum

New York, NY – July 6, 2010 – The Electronic Retailing Self-Regulation Program (ERSP) has determined that Moxxor LLC has provided adequate support for claims related to the general effectiveness of the key ingredient but recommended the marketer modify comparative performance and quantified superiority claims.

The marketer’s advertising came to ERSP’s attention through an anonymous complaint.

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:

  • · “MOXXOR is the earth’s preeminent source of Omega-3, which has known anti-inflammatory properties and is up to 480 times more effective than other Omega-3 oils on the market.”
  • · “MOXXOR derives its powerful antioxidant properties from grape seed extract, which have known antioxidant levels that are up to 3 times more effective than acai and mangosteen, and up to 50 times more effective than goji, as measured on the ORAC scale”
  • · “MOXXOR OMEGA-3 HAS AN ANTI-INFLAMMATORY VALUE THAT IS: 158 times more effective than Fish Oil; 247 times more effective than Salmon Oil; 316 times more effective than Evening Primrose Oil; 395 times more effective than Flax Oil”
  • · “MOXXOR GRAPE SEED EXTRACT HAS AN ORAC VALUE THAT IS: 3 times more effective than Acai Berry; 4 times more effective than Mangosteen; 47 times more effective than Goji Berry; 114 times more effective than Pomegranate.”
  • · “These New Zealand greenlip mussels have the highest concentration of omega-3 essential oils on the planet.”
  • · “…the most powerful all-natural omega-3 and antioxidant on the planet exclusively from the pure pristine environment of New Zealand”
  • · “MOXXOR has a measureable impact on brain growth, reducing inflammation, and putting the brain in the most opportunistic situation to heal itself” [Tim Healey]
  • · “MOXXOR has decreased the symptoms of my swollen joints more quickly and more completely than any medication.” [Letty M]
  • · “After about two weeks of taking MOXXOR the inflammation in my left ankle had completely gone away” [Libby F]

 

ERSP determined that the in-vitro and animal studies referenced by Moxxor provided adequate support for the general, non-specific effectiveness of the Omega 3 fatty acid contained in the product, but determined that the marketer’s quantified comparative performance claim regarding the anti-inflammatory values of competitive sources of Omega 3 was not properly supported.

ERSP found that the marketer provided adequate evidence showing that grape seed husk extract has a comparatively higher oxygen radical absorbance capacity (ORAC) value than acaiberry, mangosteen, gojiberry and pomegranate.

However, ERSP recommended that the marketer modify claims in future advertising to assure that claims referencing ORAC value do not imply that grape seed husk extract is correspondingly “more effective” than the foods and/or ingredients to which it is being compared.

ERSP determined that Moxxor’s superiority claim (“…the most powerful…antioxidant on the planet) was not substantiated, based upon recent evidence indicating the existence of a natural antioxidant with a higher ORAC value.

ERSP determined that consumer testimonial claims were not supported in the unqualified context in which they appear on the Moxxor website and recommended that the marketer reconcile the potential claims being communicated by consumers on its Website with the provisions articulated in the FTC’s revised Endorsement and Testimonial Guides which no longer allow marketers to use the safe harbor disclosure language of “results not typical.”

The marketer informed ERSP that the claim from a doctor stating that “MOXXOR has a measureable impact on brain growth, reducing inflammation, and putting the brain in the most opportunistic situation to heal itself” has been permanently discontinued.

The company, in its marketer’s statement, said that it “…will accept ESRP’s recommendations and has already commenced with modifying the advertising. Further, we will continue to comply with all ERSP’s recommendations.”