ERSP Finds RHN Can Support Certain Claims For “Rightsize Smoothies”, Marketer Discontinues Certain Claims

New York, NY – May 10, 2011 – The Electronic Retailing Self-Regulation Program (ERSP) has determined that RightSize Health & Nutrition can support certain performance claims for the company’s “RightSize  Smoothies.” ERSP noted  in  its decision  that  the  marketer  had voluntarily discontinued certain claims made at Facebook and in consumer testimonials.

Broadcast, Internet and radio advertising for the product came to the attention of ERSP – which  reviews  direct-response  advertising  in  all  media  –  through  ERSP’s  ongoing monitoring.

Performance claims at issue in ERSP’s review included:

• “Everyone can lose weight with RightSize…” and “Lose weight, Not Taste”
• “Lose pounds as you cut calories without feeling hungry!”
  • “Only RightSize products contain Appemine – the hunger smashing ingredient that is an all natural thermogenic appetite manager.” [Facebook]
• “Reduce your calorie intake safely”
• “Lose pounds and inches effectively”
• “Patented formula to maintain stable glycemic (blood sugar) levels.”

ERSP also reviewed claims included in consumer testimonials, including:

• “After the first month, I had lost 30 pounds. After 6 months, I was down 80 pounds.

Today I’m proud to say I’ve lost a total of 153 pounds since starting.”

• “In two years I have lost 102 pounds.”
• “I’m down 50 pounds and 5 dress sizes in 90 days!”
• “When I turned 40, I knew I finally had to lose weight. I lost 16lbs.”
• “I have been using Right Size for 13 months and have lost 48 pounds.”
  • “Weight Lost: 50 lbs.  The only change I’ve made with RightSize is to drink a smoothie in the morning. *by replacing breakfast with a smoothie, she was able to lose weight through reducing calorie intake. Results not typical.”

ERSP noted in its decision that the marketer provided more than 70 published studies on the efficacy of the various individual ingredients contained in RightSize Smoothies, including one study on the safety of a meal replacement group versus a traditional food group. ERSP determined that the marketer’s evidence provided adequate support for the claims that the advertised RightSize Smoothies plan will safely and effectively reduce the daily caloric intake of consumers when used as a meal replacement.

Following its review of the evidence in the record, ERSP determined that the advertiser could  support  the  performance  claims  at  issue.  With respect  to  the  claim  relating  to Appemine, ERSP noted in its decision that the advertiser voluntarily removed that claim from its Facebook advertising.

Further, the advertiser asserted that it had removed from its advertising all testimonials at issue.

The company, in its advertiser’s statement said it appreciated “ERSP calling to our attention specific weight loss amounts associated with some of our testimonials and regulations against such practices.  As noted, we have proactively made modifications to our website to rectify this issue.”