Carboburn Participates In ERSP Self-Regulatory Forum
New York, NY – June 27, 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 it has recommended that direct response marketer United Health Laboratories, marketers for the nutritional supplement, CarboBurn, discontinue all performance claims, testimonial, comparative market, and safety claims made in its online advertising. The truth and accuracy of the marketer’s claims came to the attention of ERSP from a consumer complaint.
In the inquiry for the CarboBurn Nutritional Supplement, ERSP requested that the marketer provide substantiation for: general performance claims (i.e., “YOU WON’T EVEN HAVE TO EXERCISE OR CHANGE YOUR DIET, IF YOU DON’T WANT TO.” and “stop storing fat.”); testimonials (i.e., “Lost 16 pounds in two weeks!”); comparative market claims (i.e., “Other products cost about the same or more than CarboBurn, but do less for your weight loss.”) and safety claims (i.e., “Zero Side Effects.”).
While acknowledging that the marketer had voluntary undertaken the responsibility to modify and discontinue certain claims, ERSP concluded that the marketer did not provide the evidence necessary to support the performance, testimonial, comparative market, and safety claims made in the website advertisement. Although the marketer did represent that it possessed in-house testing, no testing data was submitted to the case record. Therefore, ERSP recommends discontinuing all performance claims, testimonial, comparative market, and safety claims until sufficient testing can be conducted as support for such representations.
In response to ERSP’s decision, United Health Labs responded “CarboBurn appreciates the chance to participate in the self-regulatory process and we plan to make the changes described in order to more accurately represent the success… of CarboBurn.”
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
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.”
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.
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.
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.