BBB National Programs Archive
Tyrell Inc. Takes Part In ERSP Forum
New York, NY – May 9, 2007 – The Electronic Retailing Self-Regulation Program (ERSP) has determined that Tyrell Inc., marketers of the Zeno Acne Treatment Device (Zeno), have adequately supported certain claims, but recommended the addition of disclosures to advertising for the product.
The marketer’s advertis ing 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).
Claims at issue in the ERSP inquiry included:
- “In clinical trials, 90 percent of blemishes treated with Zeno disappeared or faded within 24 hours”
- “Zeno, the first FDA-cleared medical device designed to treat mild to moderate acne, has 90 percent efficacy in clinical trials-resolving most blemishes within 24 hours” “Announcing Zeno: dermatologist recommended to clear up pimples. Fast.”
- “In fact, for treating acne pimples, it’s the most scientifically advanced and effective device available without a prescription.”
ERSP found that the clinical testing provided by Tyrell provided a reasonable basis for its claim that “In clinical trials, 90 percent of blemishes treated with Zeno disappeared or faded within 24 hours,” and found that the marketer provided a reasonable basis for its comparative claim that Zeno is “the most scientifically advanced and effective device available without a prescription.” ERSP further determined that the marketer adequately supported its claim that Zeno is “the first FDA-cleared medical device designed to treat mild to moderate acne.”
However, ERSP recommended the marketer modify its advertising to disclose that its testing was done on subjects with mild or moderate acne conditions and the quantified claim was limited to treatment of these types of acne. ERSP recommended also the marketer include appropriate disclaimer language to the consumer testimonial section of the Website.
The company, in its marketer’s statement, said “Tyrell appreciates the opportunity to have worked with the ERSP self-regulatory program to provide consumers with truthful and accurate advertising.”