Bioneurix Participates In ERSP Forum

New  York, NY – March 10,  2009 –  The  Electronic  Retailing  Self-Regulation  Program (ERSP) has  determined   that  Bioneurix  Corporation,  which  markets  the  Amoryn Dietary   Supplement,   has  provided   a  reasonable   basis   for general   performance claims, as  well as  establishment claims of  effective treatment  for mild   to moderate depression. However, ERSP  determined  that the evidence  presented by  the marketer did   not  support  claims  that  the  product is effective  for  “severe”  depression  and anxiety. The marketer’s advertising came to ERSP’s attention pursuant to its ongoing monitoring efforts.

 

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).

ERSP’s inquiry focused on claims included in online advertising. Claims at issue in the ERSP  inquiry included:

  • “The primary ingredient in AMORYN, hyperforin, is an effective treatment for depression and anxiety.”
  • “The main ingredient in AMORYN, hyperforin, is clinically proven to relieve both mild  and severe depression and anxiety.”
  • AMORYN works by  increasing the levels of all four of the brain’s “feel good” neurotransmitters. By providing an all-natural boost to serotonin, dopamine, norepinephrine, and GABA, the ingredients in AMORYN can help you feel happy, calm, and confident.”
  • “Over 20,000 people in the United States and worldwide have successfully used AMORYN to help them lead happier, healthier lives.”
  • “The overwhelming majority of users rate AMORYN as more effective than either prescription antidepressant drugs or St. John’s Wort supplements. Of people who have taken both AMORYN and St. John’s Wort products, 76% rate AMORYN as superior while only 5% prefer other brands. And compared to antidepressant medications, 54% report that AMORYN is more effective versus  only 19% who say prescription drugs are better.”
  • “My psychiatrist has tried a variety of drugs… but to no avail… I ordered AMORYN and, within a week, I truly started feeling better… A month ago, most of my  days were spent mentally composing suicide letters, and now, those thoughts are gone and I’m able to enjoy those  six beautiful grandchildren… Thank you for this miracle medicine.” [Fran H, Michigan]

 

ERSP  determined  that the marketer’s  evidence  provided  a reasonable  basis  for its general  performance claims,  as well as “clinically proven” claims  that the product is an effective treatment for “mild to moderate depression”.

However,  ERSP   did   not agree  that  the  marketer provided  sufficient  evidence  to support claims  that the product’s main  ingredient  has  been  “clinically proven”  to relieve “severe” depression and anxiety.

ERSP  determined  that the marketer appropriately  communicated  the results  of  its informal  consumer ratings survey and that the marketer’s internal  data provided a reasonable  basis  for the  claim  that  “Over 20,000  people  in the United  States and worldwide  have  successfully  used  AMORYN  to  help  them  lead  happier,  healthier lives”.

ERSP  noted that the marketer voluntarily took action to clarify the limitations of  a consumer testimonial  at issue  by adding  language  to indicate  the time  period  in which a typical consumer will experience relief.

The company,  in its  advertiser’s  statement said  it  would take  ERSP’s  findings  into consideration.

 

The company noted  that  it has “already taken the necessary steps to change some wording on its website” and “The Amoryn website (www.amoryn.com) should now be in accordance with NARC/ERSP regulations and this report’s findings

 

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