Barmensen Labs, LLC Participates In ERSP Forum

New York,NY– March  xx, 2007 – The Electronic Retailing Self-Regulation Program (ERSP) has announced that Barmensen Labs, LLC., marketer of the Maxoderm Male Enhancement Topical Solution, has provided adequate support for certain performance, comparative, and endorsement claims,  while voluntarily discontinuing or modifying others. The marketer’s advertising was brought to ERSP’s attention through its ongoing monitoring program.

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:

  • “Instant Male Enhancement.”
  • “Immediately enhances virility, firmness, and male performance.” “Immediate Results- You will feel and see a difference immediately, starting with your very first application.”
  • “Recommended by a leading physician.”
  • “Unlike other products (like herbal pills), MAXODERM’s highly active patent pending formula, Vasotran Auctum™ contains very powerful topical properties- once applied, stimulate the senses immediately.”

At the outset, the marketer said it was currently in the process of modifying or discontinuing several of the claims at issue in the ERSP self -regulatory inquiry, including:

  • “Clinically Tested Formula.”
  • “The best-selling topical male enhancement formulate that instantly affects firmness, male virility, and performance.”
  • “97% Customer Satisfaction.”
  • “Uses targeted delivery to help improve virility and firmness while revitalizing those areas of the skin involved with full arousal.” “Immediately enhances virility, firmness, and male performance.” “Join the hundreds of thousands of men that have discovered the Maxoderm edge to better virility and performance.”
  • “… I have gained almost 1 inch in length since using the product.” “Targeted Delivery System – the only product on the market designed to give you stronger, fuller feeling erections using a targeted delivery system applied directly to the source.”
  • “..After only the second day of using MAXODERM I noticed that my erection was much firmer and lasted longer. I love the feeling I have already experienced. Now after sticking to the usage program for only one month I can say that my wife is amazed at how long I can last now. No more premature ejaculation for me…”

With respect to the remaining claims, ERSP determined that the marketer provided adequate support for the comparative claim “Unlike other products (like herbal pills), MAXODERM’s highly active patent pending formula, Vasotran Auctum™ contains very powerful topical properties – once applied, stimulate the senses immediately” and the endorsement claim “Recommended by a leading physician.”

ERSP agreed with the marketer that the performance claim “Instant Male Enhancement,” when disseminated in a general context, would not be interpreted as a measurable claim.  ERSP concluded that as long as the claims of providing “Instant” or “Immediate” results were not communicated in concert with specific product performance expectations, the marketer provided a reasonable basis for the description of the onset of activity for Maxoderm.

The company, in its marketer’s statement, said “Barmensen is committed to industry self – regulation and supports the ERSP’s efforts to promote truthful and accurate advertising.”

“Barmensen will take into consideration the recommendations made by ERSP in its final decision with regard to 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 Oral Essentials Discontinue "Certified Non-Toxic" Claim for its Lumineux Mouthwash

New York, NY – December 30, 2024 – In a Fast-Track SWIFT challenge brought by GuruNanda, the National Advertising Division recommended that Oral Essentials discontinue its claim that Lumineux mouthwash products are “Certified Non-Toxic.” 

Read the Decision Summary
Decision

NARB Recommends T-Mobile Discontinue or Modify Commercial to Better Disclose Conditions of Free iPhone Offer, 20% Savings Claim

New York, NY – December 30, 2024 – A panel of the National Advertising Review Board (NARB) recommended that T-Mobile discontinue or modify its commercial to better disclose the material conditions of its free iPhone 16 Pro offer and its 20% rate plan savings claim compared to AT&T and Verizon. 

Read the Decision Summary
Decision

Direct Selling Self-Regulatory Council Recommends Valentus Discontinue Earnings and Product Performance Claims

McLean, VA – December 23, 2024 – The Direct Selling Self-Regulatory Council (DSSRC) recommended Valentus, a direct selling company that sells nutritional and lifestyle products, discontinue earnings and health-related product performance claims made on social media and on the Valentus website.

Read the Decision Summary
Decision

Direct Selling Self-Regulatory Council Refers Olive Tree Earnings Claims to the FTC and California AG for Possible Enforcement Action

McLean, VA – December 20, 2024 – The Direct Selling Self-Regulatory Council (DSSRC) referred Olive Tree to the Federal Trade Commission (FTC) and California Attorney General's Office for possible enforcement action after Olive Tree failed to respond to a DSSRC inquiry into earnings claims.  

Read the Decision Summary