Dynamic Response Group Participates In ERSP Forum

New York, NY – March 25, 2009 – The Electronic Retailing Self-Regulation Program (ERSP) has determined that Dynamic Response Group has provided sufficient information to support general product specification claims and voluntarily revised several claims for the Riddex Plus Digital Pest Repeller. However, ERSP recommended that an establishment and performance claims be modified or discontinued. The marketer’s advertising came to ERSP’s attention pursuant to its ongoing monitoring efforts.

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’s  inquiry  focused on claims  included  in online  (website  and streaming  video) advertising. Claims at issue in the ERSP  inquiry included:

  • “A revolutionary simple plug in device that sends digital pulses through the wiring in your walls driving bugs, roaches, rats, and mice right out of your house forever.”
  • “Keep your home pest-free forever!”
  • “Riddex Plus uses patented Digital Pulse Technology, powered by  a Freescale Microprocessor, to create an irritating environment for pests inside your walls, chasing them  away from your house while preventing future pests from entering. 100% safe and cruelty-free!”
  • “Laboratory tests have proven that Riddex Plus really works!”
  • “The number one selling pest control product…”
  • “I’ve been using Riddex Plus for 8 years  now. When I was in Florida it got rid of those  flying roaches.  They just left the house. I got one for my  daughter when she heard something running around between the walls at night. Two nights after she plugged it in, no more running. It really works!” [Martha R, Owensboro Kentucky]

ERSP  confirmed that the marketer voluntarily revised several claims in its advertising and  removed  claims   permanent  pest  elimination   (“keep  your  home  pest-free forever!”;  “…driving  bugs, roaches, rats, and mice  right  out of  your house forever.”) and unqualified superiority claims (“The number one selling pest control product”).

Further,  the marketer voluntarily  modified  comparative  claims  ( “the  only repeller that truly  works”) and  testimonials  that lacked  disclosure  language  indicating  the consumer experience was atypical.

However, in light  of a 2003 order entered into by the Federal Trade Commission with the previous manufacturer of Riddex products, which included a review of the same testing submitted to ERSP to support performance claims in the  advertising at issue in this review, ERSP had no alternative but to determine that the marketer’s establishment claim (“Laboratory tests have proven that Riddex Plus really  works!”) and any claims regarding performance results for the product be modified or discontinued.

ERSP determined the marketer has provided sufficient information to support certain general claims about the products’ specifications, including:

“…Digital Pulse Technology, powered by  a Freescale Microprocessor” “…sends digital pulses through  the wiring in your walls.”

 The  company,   in  its  advertiser’s  statement said  “Dynamic  Response  Group  does agree to carefully consider ERSP’s recommendations in its advertising revisions as it continues to market Riddex Plus.”

 

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