ERSP Refers Advertising For Moxxor To FTC

New York, NY – Oct. 27, 2009 – The Electronic Retailing Self-Regulation Program (ERSP), will refer direct-response advertising from Moxxor LLC to the Federal Trade Commission for further review, following the company’s failure to respond to an ERSP inquiry.

ERSP requested substantiation for advertising claims made for the Moxxor dietary supplement. Claims at issue included:

Comparative Performance Claims

• “MOXXOR is the earth’s preeminent source of Omega-3, which has known anti-inflammatory properties and is up to 480 times more effective than other Omega-3 oils on the market.”
• “MOXXOR derives its powerful antioxidant properties from grape seed extract, which have known antioxidant levels that are up to 3 times more effective than acai and mangosteen, and up to 50 times more effective than goji, as measured on the ORAC scale”
• “As shown in the table below, the Moxxor omega-3 fatty acids found in greenlip mussels are substantially more effective than found in other omega-3 oils on the market like fish oil and flaxseed oil.” [accompanied by chart detailing MOXXOR’s anti-inflammatory value]
• “MOXXOR OMEGA-3 HAS AN ANTI-INFLAMMATORY VALUE THAT IS: 158 times more effective than Fish Oil; 247 times more effective than Salmon Oil; 316 times more effective than Evening Primrose Oil; 395 times more effective than Flax Oil”
• The acai berry has received considerable attention as a naturally potent antioxidant in recent years, yet as you will see below, it rates significantly lower on the ORAC scale than the Moxxor antioxidant extracted from the grape seed husk. [accompanied by chart detailing ORAC values]
• “MOXXOR GRAPE SEED EXTRACT HAS AN ORAC VALUE THAT IS: 3 times more effective than Acai Berry; 4 times more effective than Mangosteen; 47 times more effective than Goji Berry; 114 times more effective than Pomegranate”

General Performance Claim

• “The MOXXOR Compensation Plan pays 2 ways: 1. Fast Money through the ‘Binary System’ of up to $20,000 per week; 2. Forever Money through the “Enroller system” to provide long-term residual income”

Superiority Claims

• “…the most powerful all-naturalomega-3 and antioxidant on the planet exclusively from the pure pristine environment of New Zealand”
• “These New Zealand greenlip mussels have the highest concentration of omega-3 essential oils on the planet.”
• “In an effort to create an exceptional wellness product, Moxxor has included the world’s most powerful antioxidant, extracted from the sauvignon blanc grape seed husk.”
• “Moxxor’s proprietary extraction process allows for a higher concentration of docosahexaenoic acid (DHA) and eicosapentaenoic acid (EPA) as compared to natural fish oils. Concentrations of DHA and EPA will reach levels of 60% and 70% respectively compared to about 10% and 5% in natural fish oil. Studies have shown that the oils found in Moxxor are of such a high concentration and natural balance that it would take 247 capsules of salmon oil, for example, to equal just 1 capsule of Moxxor”
• “The visionaries and co-founders of MOXXOR, Noel and John Turner, have taken the most effective all-natural anti-inflammatory and blended it with the world’s most potent antioxidant to create MOXXOR”

Doctor Endorsement Claim

• “MOXXOR has a measurable impact on brain growth, reducing inflammation, and putting the brain in the most opportunistic situation to heal itself” [Tim Healey]

Consumer Testimonial Claims

• “MOXXOR has decreased the symptoms of my swollen joints more quickly and more completely than any medication.” [Letty M]
• “After about two weeks of taking MOXXOR the inflammation in my left ankle had completely gone away” [Libby F]

ERSP was further concerned by the lack of disclosure information accompanying the testimonials found in the “product results” section prominently featured on the front page of the moxxor.com website as well as in the testimonials found within both websites.

ERSP made a number of attempts to contact the marketer via its publicly available email address and fax numbers and the marketer did not respond. Pursuant to ERSP’s policies and procedures, the marketing at issue has been referred to the Federal Trade Commission for further review.