BBB National Programs Archive
Nutrex, Inc. Participates In ERSP Forum
New York,NY– January 11, 2007 – The Electronic Retailing Self-Regulation Program (ERSP) has recommended that Nutrex, Inc., modify or discontinue certain claims for Lipo-6 dietary supplement and the company has agreed to do so. The marketer’s advertising was reviewed pursuant to an anonymous challenge.
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 reviewed the following core claims:
- “Lipo-6 effectively targets your problem areas to help you rapidly burn fat and lose unwanted pounds.”
- “Burns Fat Fast”
- “LIQUID CAPSULE TECHNOLOGY…fat burning active ingredients are delivered in a…liquid capsule allowing the maximum strength formula to go to work almost instantly.”
- “THE MOST POWERFULFAT-BURNERONTHE MARKET.” “Rated #1 Product for Fat Loss!”
During the course of the inquiry, Nutrex informed ERSP that the broadcast advertising in question was no longer running. The marketer noted, as well, that it is in the process of making significant revisions to future advertising.
In its decision, ERSP noted that the marketer submitted a number of articles and published studies indicating that certain ingredients contained in similar dosage to the composition of Lipo-6 had a beneficial effect on individual weight-loss, when combined with a disciplined diet and exercise regimen. ERSP noted that the marketer has made a voluntary commitment to refrain from making targeted weight-loss claims in future advertising for the product.
Following its review of the evidence, ERSP determined that the patent informat ion provided by the marketer did support the exclusivity claim of its liquid-capsule technology. However, ERSP determined that it would not be unreasonable for consumers to interpret the “fast” weight-loss claims (i.e. “burns fat fast”) separately from the statements pertaining to the technology and that such isolated claims should be discontinued.
The marketer informed ERSP that it would voluntarily discontinue the superiority claim to being the “most powerful fat burner”. Additionally, the marketer informed ERSP that it would revise consumer testimonials to make them more prominent and conspicuous in its advertising.
ERSP did not object to the marketer using the claim “Rated #1 Product for Fat Loss!” as long as the marketer appropriately disclosed the time frame and the context of the claim.
The company, in its marketer’s statement, said it appreciates the “opportunity to participate in the self -regulatory process.”
“Nutrex confirms that it will implement the changes discussed with ERSP in the course of these proceedings,” the company said.