BBB National Programs Archive

Syndero Participates In ERSP Forum

New York, NY – May 20, 2008 – The Electronic Retailing Self-Regulation Program (ERSP) has determined that Syndero, Inc., marketer of the Dermitage anti-aging skin care system, has provided a reasonable basis of support for claims of general product performance but recommended modification of claims relating to “instant” product performance.  The marketer’s advertising came to ERSP’s attention pursuant to its ongoing monitoring program.

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).

Claims at issue in the ERSP  inquiry included:

  • “Instantly firm skin with patented Lifting Spheres”
  • “Working together they re-energize your skin, delivering both instant and enduring beauty.”
  • “Clinical tests on Dermitage’s active ingredients illustrate just how effective this revolutionary formula is: 168% boost in natural collagen production; 57% decrease in the appearance of wrinkles and fine lines; 55% increase in skin firmness; 51% increase in skin hydration”
  • “Within minutes my  skin gets smoother, tighter, and more perky.”
  • “It feels more moist and hydrated, and within minutes some of my  fine lines literally vanished!”

ERSP  was also concerned by  images featured in “sky-scraper” advertisements which illustrate a dramatic transition from a wrinkled woman’s face to one with completely smooth skin. ERSP  determined that the use of such image is not puffery; rather, ERSP  found that the images communicated a meaningful and measurable claim of product performance.

ERSP  determined that the results of testing on the product provided a reasonable basis of support for claims of general product performance. However, ERSP  found that the evidence in the record did  not support the claim the product would work “instantly”, “almost instantly”, or “within minutes.”

Further, ERSP  recommended the marketer disclose material information regarding the clinical testing that served as the basis for the marketer’s establishment claims.

The marketer represented that it had discontinued the two consumer testimonials at issue in the ERSP  review.

The company,  in its marketer statement, said it “strongly supports the Electronic Retailing Self-Regulation Program and welcomes this opportunity to participate in the process.  The company is pleased with the findings that there is a reasonable basis supporting many of its core advertising claims, including claims relating to the safety and effectiveness of Dermitage. While we respectfully disagree with other aspects of the decision, Syndero agrees to consider ERSP’s comments in all future advertising.”