Aloette Cosmetics Participates In ERSP Self-Regulatory Forum

New York, NY – June 6, 2005 – The Electronic Retailing Self-Regulation Program (“ERSP”), the electronic direct-response industry’s self-regulatory forum supervised by the National Advertising Review Council (“NARC”), announced that direct response marketer Aloette Cosmetics (“Aloette”) has provided a reasonable basis for its claims that its Perfect Lift Plus Anti-Aging Skin Care System has an efficacious affect on the appearance of skin communicated in its television advertising. Aloette also indicated that it was in the process of voluntarily discontinuing its claim of immediate results regarding the performance of the product and would modify claims that compare the product to surgical procedures. The truth and accuracy of the marketer’s claims came to the attention of ERSP from an anonymous consumer challenge.

In the inquiry, ERSP requested that the marketer provide substantiation for several core performance and establishment claims that were communicated in its advertising campaign for the Perfect Lift Plus System. The representative claims at issue included: establishment claims (i.e., “…clinically tested ingredients.”); general performance claims (i.e., “Look 15 years younger in just 10 minutes.”) and comparative claims (i.e., “This facelift is far beyond any face lift you ever had”).

In addition to commending Aloette for its voluntary action in revising many of the claims at issue, ERSP also determined that the testing on the individual ingredients was reliably conducted and provided a reasonable basis for core claims regarding the efficaciousness of the system. ERSP further noted that when a marketer claims that its product will confer “immediate” or “instant” results, it is reasonable for consumers to expect the product to work within a few minutes and that the evidence submitted by the marketer did not adequately support these performance claims.  Similarly, Aloette did not provide comparative data with respect to similar cosmetic products on the market and, as such, it was recommended that the marketer refrain from making unqualified superiority claims regarding the performance of its product. Lastly, ERSP suggested that Aloette be more specific in future advertising as to which component product (i.e., the Perfect Lift Plus Time Restore) was the subject of the clinical testing should it make express performance claims.

 

In response to ERSP’s decision, Aloette stated it appreciated “the Electronic Retailing Self- Regulation Program’s (“ERSP”) finding that the key efficacy and performance claims in the Perfect Lift Plus Anti-Aging Skin Care System advertising are substantiated… Aloette has already incorporated many of the changes suggested by ERSP into the advertising in question…and… will carefully consider ERSP’s recommendations in planning future advertisement.”

 

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