BBB National Programs Archive

T&L PerfectUSA Participates In ERSP Forum

New York, NY – Oct. 29, 2007 – The Electronic Retailing Self-Regulation Program (ERSP) has recommended that T&L Perfect USA discontinue performance and establis hment claims for the Hawaii Chair. The marketer’s advertising came to  ERSP’s attention pursuant to ERPS’s routine 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:

  • “…targets the core muscles of the body.” [the words “arms, legs, abdomen” appear on screen]
  • “…provide you with a fat burning aerobic workout.”
  • “Seniors can…improve their circulation; ease their back pain, their muscle pain, their joint pain, no matter their workout level.”
  • “Clinical tests have proven that theHawaiichair can elevate your heart rate by up to 200%” [the words ‘Clinical EKG Test’ appear on screen]

ERSP determined that tests results submitted by the marketer as evidence for its claims did not meet general standards of competent and reliable evidence. As a result, ERSP recommended the marketer  discontinue  targeted  muscle  claims  and  references  to  the  product’s  “fat-burning” capability.

The advertiser did not submit test results specifically related to the effect of the product on senior citizens. As a result, ERSP recommended that the marketer discontinue the claim that seniors can specifically benefit from the Hawaii Chair.

ERSP further recommended  that the marketer  discontinue its use of  consumer testimonials,  as well as the claim that the product is “clinically proven” to elevate one’s heart rate.

The company, in its marketer’s statement, said it would take ERSP’s recommendations into consideration “not only for the Hawaii Chair but also for our future product introductions.”