BBB National Programs Archive

Procaps Laboratories Participates In ERSP Self-Regulatory Forum

New York, NY – March 22, 2006 – The Electronic Retailing Self-Regulation Program (ERSP) has found  that  marketer ProCaps Laboratories (“ProCap”) has provided adequate support for general efficacy, establishment, comparative and safety claims for its of Cholox and Cholox Plus (i.e., Cholox+) cholesterol-reducing supplements. ERSP did recommend the company consider a number of changes to future advertising.

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).  In response  to anonymous  consumer  and competitive  complaints, ERSP reviewed several core claims that included:

  • “You can lower your cholesterol 30, 40, 50, or up to 100 points or more…” “Numerous clinical studies have shown that when used with cholesterol lowering drugs,  the  active  ingredient  in  Cholox  makes  it  easier  to  achieve  a  lower cholesterol number which helps reduce the drugs required, as well as the risk of side effects.”
  • “Cholox makes the first and only vitamin that can reduce cholesterol naturally”
  • “It’s  safety  and  efficacy  has  been  proven  in  hundreds  of  studies  involving thousands upon thousands of subjects.”

ProCap submitted a volumin ous amount of published scientific literature as support for its claims. Following a review of the evidence,  ERSP determined that the research  adequately supported general performance and establishment claims. ERSP noted in its decision that it does not believe consumers would misinterpret the marketer’s statement that “Until now, that kind of cholesterol reduction was thought only possible with dangerous drugs.”

ERSP  recommended  the  marketer  avoid  categorically  stating  that  a  precise  amount  (i.e., “double”)  of cholesterol reduction will occur when  Cholox  is combined  with Solos, another ProCap product. Further, ERSP recommended that future advertising describe the product as the only “multi-vitamin” product that can reduce cholesterol naturally.

ERSP concluded that the safety representations made in ProCaps’ advertising were supported by the clinical research and by statements made by regulatory authorities.

In its marketer’s statement, ProCaps Laboratories said it is pleased that ERSP has determined that the company  “possessed  a reasonable  scientific  basis  for the central  claims  contained  in its Cholox advertising campaign.

“ProCaps also appreciated ERSP’s suggestions and may find them helpful in future advertising for this product,” the company said.