CPMC Participates In ERSP Self-Regulatory Forum
New York, NY – January 25, 2005 – The Electronic Retailing Self-Regulation Program (ERSP) announced that CPMC, LLC (CPMC), marketers of the Voluptas Breast Enhancement Supplement, have provided a reasonable basis for general performance claims. ERSP has recommended the marketer modify other specific performance, comparative, and safety claims and clarify graphical representations of claims. The marketer’s advertising was reviewed pursuant to ERSP’s monitorin g program.
ERSP, the electronic direct-response industry’s self-regulatory forum, is administered by the Council of Better Business Bureaus and supervised by the National Advertising Review Council (NARC). ERSP reviewed core claims that include:
- “Clinically Proven to increase cup size, lift and circumference of your breast.” “Increased Bust Circumference! Increased Cup Size!; Increased Perkiness!; Fuller Breasts!; Higher Sexual Drive & Confidence!; Increased Sexual Activity!”
- “Went from B Cup to D Cup in 4 weeks”
- “Only breast enhancement product with double strength formula.”
- Graphs indicating: “Cup size increase 2.22; Bust Circumference Increase 2.59.”
ERSP determined that the four-month clinical study provided a reasonable basis for CPMC’s establishment claims and claims of general product performance but was not persuaded that claims based upon subjective survey responses (“….Increased Perkiness!; Fuller Breasts!; Higher Sexual Drive & Confidence!; Increased Sexual Activity”) were adequately supported.
ERP also determined that certain statements in the infomercial (i.e., “all you have to do is take the tablets”; “…just take the pill”) could be reasonably interpreted by consumers as meaning that the stated product performance resulted simply from taking the tablets alone, which was not the case.
In addition, ERSP was concerned by the potential ambiguity of the graph used by the marketer in both the infomercial and on the Website which depicted the cup size increase of Voluptas users from baseline measurements. ERSP recommended the marketer clearly communicate in future advertising that that the depicted increase is not representative of cup size but is based on a numerical coding system.
The marketer confirmed that its internal company sales data supported the claim that “Thousands of women have increased their breast size.” However, as the National Advertising Division (NAD) of the Council of Better Business Bureaus concluded in previous review, the marketer did not provide adequate support for the claim that Voluptas “Helps your body’s natural chemistry produce and balance hormones that stimulate growth of breast cells and tissue.
ERSP determined that the marketer’s claim of “No side effects” was overly broad and it was recommended that the claim be modified to more accurately indicate that no short-term side effects have been observed. Further, ERSP recommended the marketer discontinue its claim that Voluptas results in “no weight gain.”
Finally, ERSP determined that consumer testimonials should be modified so that the claims regarding the time of product efficacy are consistent with the time parameters of the clinical testing and recommended that the comparative claims communicated in an unqualified context be removed in future advertising.
In response to ERSP’s findings, CPMC stated it “appreciates the opportunity to participate in the ERSP self-regulatory program. ERSP’s careful review has provided a great benefit to CPMC. CPMC is pleased that ERSP agrees that CPMC has a reasonable basis, including competent and reliable scientific evidence, to support its establishment claims and claims of general product performance. CPMC agrees to make the suggested changes to its website. CPMC has discontinued airing the infomercial but agrees to make the recommended changes in any future advertising.”
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