1-800 Pharmacy, Inc. Participates In ERSP Forum
New York, NY – October 7, 2005 – The Electronic Retailing Self-Regulation Program (ERSP) announced that 1-800 Pharmacy, Inc. (1-800 Pharmacy), marketers of the OHT Peptide-3 Anti- Aging Formula , have a basis to make general technological claims, but have been asked to modify certain technological, establishment, and comparative claims made in their 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 1-800 Pharmacy to provide substantiation for core claims in the advertising for its OHT Peptide-3 Anti-Aging Formula , including:
“… repair[s] stretch marks”
Acetyl Hexypeptide-3 is “clinically proven” to smooth wrinkles by relaxing tense facial muscles.
“Experience OHT Peptide-3’s Safe, Botox®-like Effects”
ERSP does not object to the dissemination of general ingredient information regarding OHT Peptide-3 provided by 1- 800 Pharmacy on its website, but concluded that the claims stating specific results needed modification. ERSP also determined that it would be reasonable for consumers to interpret performance claims, specifically the clinically proven claims, as meaning that the ingredients were tested at the same level or concentration as they are contained in the product which was not the case based on the marketer’s referenced studies. Finally, ERSP determined that the claim “Experience OHT Peptide-3’s Safe, Botox- like Effects” was presented in such a context (i.e. “Learn about …”) that did not rise to the level of an express comparison, however, ERSP recommended that the marketer modify the claim stating that “OHT Peptide-3 surpasses the leader with the next generation ingredients.”
In response to the ERSP decision, 1-800 Pharmacy represented that it “…accepts ERSP’s analysis and has modified, and will continue to modify, the language of its site, packaging, and/or advertising as suggested.”
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