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

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