Daily Wellness Participates In ERSP Self-Regulatory Forum

New York, NY – December 13, 2004 – The Electronic Retailing Self-Regulation Program (“ERSP”), the electronic direct-response industry’s self-regulatory forum, announced that The Daily Wellness Company, participated in the voluntary forum and will revise claims made in its print advertising for ArginMax nutritional supplements for men and women. The truth and accuracy of the marketer’s claims came to the attention of ERSP through its on-going monitoring program.

ERSP requested that the marketer provide substantiation for an exclusivity claim that ArginMax was “the only scientifically validated natural, nutritional supplement formula for sexual performance and enjoyment”; and two quantified claims regarding a cited percentage of improvement in sexual performa nce occurring as result of product usage.

ArginMax has agreed to ERSP’s recommendations of modifying future advertising in regards to the exclusivity claim. ArginMax stated that “Although this claim may have been the case when ArginMax was first introduced 5-years ago, we will revise our claims…and cite the appropriate supporting studies.” Although, Daily Wellness disagreed with ERSP’s findings about how its studies were characterized it stated that it “is in the process of reviewing our advertising and in the spirit of voluntary cooperation, … [and] will take serious consideration of [ERSP’s] recommendations in planning future advertisement.”

 

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