BBB National Programs Archive

VC-E Commerce Solutions Participates In ERSP Forum

New York, NY – October 14, 2005 – The Electronic Retailing Self-Regulation Program (ERSP) announced that VC E-Commerce Solutions (VCES) marketers of Jevené the Essence of Youth Wrinkle -Reduction Cream, have provided support for qualified performance claims. ERSP has recommended also that the company modify certain performance, comparative, and testimonial claims in its online advertising. The marketer’s advertising was reviewed pursuant to an anonymous competitive challenge.

ERSP, the electronic direct-response industry’s self-regulatory forum supervised by the National Advertising Review Council (NARC), asked VCES to provide substantiation for core claims in the advertising for its Jevené the Essence of Youth Wrinkle -Reduction Cream, including:

“Lose the wrinkles! Without painful injections.” “There are NO SIDE EFFECTS with Jevené.”
“Botox® and other invasive treatments have very serious risks that can leave permanent damage to your face and health. With Jevené, you get the benefits of youthful looking smooth skin without the adverse serious side effects.”
“All the women asked me one on one (as they did not want to
embarrass me) when did I have my face-lift and who did it and where.”

After a review of the materials submitted, ERSP determined that Jevené presented a reasonable basis for many of the core claims at issue since those claims were presented in a context that minimized the potential of misleading consumers.

ERSP recommended, however, that the advertiser modify certain performance claims, inc luding “Renew[s] your skin and bring[s] the same healthy, radiant skin you had in your youth …” ERSP recommended also that the advertiser disclose that the potential side-effects of Botox injections referenced in the advertisement are not typical. Finally, with respect to the consumer testimonials included on its Website, ERSP recommended that the marketer disclose in future advertising that specific results from product usage may vary from those depicted.

VCES, in its response to ERSP’s findings, said it is “very pleased that the ERSP concluded that the claims regarding Jevené’s performance were fully and properly substantiated; and Jevené properly distinguishes itself as a less expensive and less invasive alternative to Botox.”

While VCES disagreed with some of ERSP’s conclusions, it offered to revisit the ESRP’s suggestions and promptly update its site. “We appreciate the guidance offered by the ERSP and are pleased to have participated in this process.”