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.”
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