Alchemy Worldwide Takes Part In ERSP Forum

New York, NY – April 18, 2007 – The Electronic Retailing Self-Regulation Program (ERSP) has announced that Alchemy Worldwide, marketers of the Youthology 90-Second Wrinkle Removing Eye Serum, have adequately supported several claims, but recommended the company discontinue a performance claim that suggests the product “lasts up to eight hours.”

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). The marketer’s advertising came to the attention of ERSP through its routine monitoring program.

ERSP reviewed core claims that include:

  • “Look 10 years younger in 90-seconds”
  • “Instantly  eliminate the signs of aging”; ”What if you could turn back the hands of time and make the wrinkles and age lines around your eyes completely disappear in only 90-seconds?”
  • “Youthology 90-Second Wrinkle Removing Eye Serum™ and Youthology Clinical Essentials™ products are designed to reduce the signs of aging quickly and effectively on all skin types, regardless of age or ethnic origin.”
  • “In just 90-seconds, you can make the wrinkles, crow’s feet and puffy bags around your eyes totally disappear for up to 8 hours so you can look younger and more vibrant all day long.”; “lasts up to 8 hours”
  • “This revolutionary treatment is the only age-defying serum containing Active
  • Rejuvatin™, a skin suspension complex that actually mimics the mechanical action of a surgical facelift.”

ERPS reviewed evidence that included testing data and before and after photographs of product users under independent and controlled conditions and determined the marketer had provided a reasonable basis for the claims that Youthology can “eliminate the appearance of wrinkles, crow’s feet and age lines in 90-seconds.”

Further, ERSP determined that the on-screen demonstration of product performance featured in the advertising provided an accurate depiction of product performance. ERSP found that marketer’s claim to “Look 10 years younger in 90-seconds,” in the context of the advertising may be considered a subjective statement that the reasonable consumer would interpret as non- measurable and puffery.

ERSP determined that the marketer also provided a reasonable basis for the representation that

  • Youthology works “quickly and effectively on all skin types, regardless of age or ethnic origin,”

Finally, ERSP determined that the evidence did not support the claim that “Youthology Works Up to 8 Hours,” and recommended the company discontinue the claim in the unqualified context in which it appeared.

Youthology, in its marketer’s statement, said the company “is pleased that ERSP has concluded that the core efficacy and performance claims” were properly substantiated.

“While Youthology respectfully disagrees with ERSP regarding the eight hour claim and believes that the consumer data submitted was sufficient to support this claim, it will give careful consideration to ERSP’s concern in future advertising,” the company said.

 

Subscribe to the Ad Law Insights or Privacy Initiatives newsletters for an exclusive monthly analysis and insider perspectives on the latest trends and case decisions in advertising law and data privacy.

 

 

 

 

Latest Decisions

Decision

National Advertising Division Recommends Blueprint Test Preparation Discontinue Certain MCAT Score Improvement Claims

New York, NY – April 22, 2024 – The National Advertising Division recommended Blueprint Test Preparation discontinue certain express and implied claims made in connection with its four MCAT preparation courses, including claims that Blueprint students raise their MCAT scores by 15 or 13 points on average.

Read the Decision Summary
Decision

National Advertising Division Recommends The Princeton Review Discontinue Point Increase Claims for MCAT Test Preparation Services

New York, NY – April 18, 2024 – In a Fast-Track SWIFT challenge, the National Advertising Division recommended that The Princeton Review (TPR) discontinue claims that its students “Score a 515+ on the MCAT or add 15 points depending on your starting score. Guaranteed or your money back.”

Read the Decision Summary
Decision

Direct Selling Self-Regulatory Council Recommends Trades of Hope Discontinue Salesforce Member Earnings Claims

McLean, VA – April 17, 2024 – The Direct Selling Self-Regulatory Council (DSSRC) recommended that Trades of Hope discontinue certain earnings claims made by salesforce members on Facebook and YouTube. 

Read the Decision Summary
Decision

National Advertising Division Recommends Lily of the Desert Nutraceuticals Discontinue “100% Pure Avocado Oil” Claim for Tropical Plantation Avocado Oil

New York, NY – April 15, 2024 – The National Advertising Division recommended that Lily of the Desert Nutraceuticals discontinue the claim “100% Pure Avocado Oil” for its Tropical Plantation Avocado Oil and avoid conveying the unsupported message that the product is 100% pure avocado...

Read the Decision Summary