Boehm-Ritter’s Direct Response Advertising Referred To Federal Trade Commission

New York, NY – July 29, 2005 – The Electronic Retailing Self-Regulation Program (ERSP), announced that it will refer advertising disseminated by Boehm-Ritter, Inc., marketers of Nexiderm-SP Anti-Wrinkle Formula, to the Federal Trade Commission (“FTC”). The truth and accuracy of the marketer’s claims came to the attention of ERSP through an anonymous complaint.

The core claims that were identified in the Nexiderm-SP online advertising were: a) permanency claims (i.e., “Erase fine lines and wrinkles.”); b) establishment claims (i.e. “The chief ingredient of Nexiderm-SP is Matrixyl…clinically shown to decrease wrinkle volume, decrease wrinkle density, and decrease [the] visual appearance of wrinkles while increase…the skin’s synthesis of collagen.”); c) safety claims (i.e.
“Nexiderm-SP is formulated to safely and effectively erases wrinkles and fine lines from all areas of the skin, hands and face.”); d) comparative claims (i.e. “Nexiderm offers IMPROVEMENT of fine lines and wrinkles. Botox requires a maintenance schedule of regular, expensive treatments.”); and e) testimonials (i.e. “I have used both Collagen and Botox injections and the results of Nexiderm-SP completely surpass their results!”).

Pursuant to the ERSP Procedures, after failing to respond to ERSP’s original inquiry within fifteen calendar days, the direct response marketer was afforded a second ten-day period in which to submit a substantive response. The marketer failed to meet this second deadline and pursuant to section 2.6 (B) of the ERSP Policies and Procedures, this inquiry has been referred to the FTC in order to address concerns regarding the truthfulness and accuracy of the Nexiderm-SP direct response advertisement.