Cellular Research Participates In ERSP Forum

New York, NY – March 8, 2006 – The Electronic Retailing Self-Regulation Program (ERSP) announced that Cellular Research, LLC (Cellular Research), marketer of the Dual Action Cleanse, has provided adequate support for certain performance and comparative claims. ERSP also recommended the company modify other specific performance claims and comparative claims and to discontinue any weight- loss claims. The marketer’s advertising was reviewed pursuant to ERSP’s ongoing monitoring system.

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 reviewed several core claims that included:

  • “In a very short time you will have bowel movements in increased girth and width.”
  • “…and only cleansing product created in a nutritional clinic given to actual patients…117 different adjustments …that’s why it works better than anything else on the market.”
  • “Helps reduce the body’s toxins, cleanse the liver, kidneys and colon, purify the blood, release the chemicals stored in fat, and rid the body of excess weight and water.”
  • “If you want to lose weight fast…lose ten pounds overnight.”
  • “My weight is coming down, I don’t have as much of an appetite, my stomach feels like its getting flatter, and my waist-I can see a difference…and my face…” “A better cleanse…purest blend of herbs and fibers.”

Following a review of the evidence, ERSP, while concluding that certain core performance claims for Dual Action Cleanse were supported, recommended that the marketer more accurately communicate the specific toxins referenced in future Dual Action advertising. The marketer did voluntarily agree to address this issue and modify similar claims such as “[Dual Action Cleanse] Helps reduce the body’s toxins, cleanse the liver, kidneys and colon, purify the blood, release the chemicals stored in fat, and rid the body of excess weight and water” and potential implications from the advertising that Dual Action Cleanse is a weight- loss product.

ERSP found the claim that the Dual Action Cleanse System was “tested on actual patients” was not an establishment claim in the context of the advertising and determined that tests performed in 2002 on the product as formerly packaged, provided adequate support for specific claims of product performance.

Finally, ERSP concluded that Cellular Research’s’ claim that consumers “…don’t have to use [Dual Action Cleanse] all the time as opposed to  a powder which requires you to take it every month” was a fair comparative description of a particular product attribute, but determined that it would not be unreasonable for consumers to interpret the “works better” claim in the context of the advertising to be a measurable claim relating to the performance of Dual Action Cleanse as against other colon cleansing products on the market.

The marketer, in its statement, noted that while “Cellular Research does not necessarily agree with ERSP’s analysis and conclusions,” on all points and “believes its advertising for Dual Action Cleanse is accurate and truthful in all material respects, it certainly respects ERSP’s views and will take them into consideration in future Dual Action Cleanse advertising.”

 

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 Finds Realtor.com “#1 Site Real Estate Professionals Trust” Claim Supported

New York, NY – November 8, 2024 – In a challenge brought by competitor CoStar Group, the National Advertising Division determined that Move provided a reasonable basis for its claim that Realtor.com is the “#1 site real estate professionals trust.

Read the Decision Summary
Decision

National Advertising Division Recommends Verizon Discontinue or Modify Certain Claims for Satellite-Supported Texting Services

New York, NY – November 7, 2024 – In a Fast-Track SWIFT challenge brought by T-Mobile, the National Advertising Division recommended that Verizon either discontinue certain claims about satellite-supported texting services in remote locations or modify them to disclose the necessary conditions for Verizon customers...

Read the Decision Summary
Decision

Following National Advertising Division Challenge, PetIQ Voluntarily Discontinues Certain Claims for NextStar Flea & Tick Topical

New York, NY – November 6, 2024 – Following a National Advertising Division challenge, PetIQ discontinued certain claims for its NextStar Flea & Tick topical flea prevention and treatment product, which appeared on PetIQ’s website, social media, and third-party websites.

Read the Decision Summary
Decision

National Advertising Division Finds Certain Safety Claims for Drunk Elephant Skincare Products Supported; Recommends Modification of Influencer Posts

New York, NY – November 4, 2024 – The National Advertising Division determined certain Drunk Elephant social media claims regarding skincare products being “safe for kids and tweens to use” were supported, but determined that two TikTok video influencer disclosures for Drunk Elephant's B-Goldi...

Read the Decision Summary