ERSP Finds Sleep Science Partners Can Support Performance Claims for ‘PureSleep,’ Recommends Marketer Discontinue Certain Claims

New York, NY – April 4, 2013 – The Electronic Retailing Self-Regulation Program (ERSP) has determined that Sleep Science Partners provided adequate support for general performance claims made in direct response advertising for PureSleep, a device intended to treat nighttime snoring.

ERSP is an investigative unit of the advertising industry’s system of self-regulation and is administered by the Council of Better Business Bureaus. The marketer’s advertising came to the attention of ERSP pursuant to its ongoing monitoring program.

ERSP reviewed online advertising for PureSleep and identified several claims for review, including:

•  “Proven to Work!”
•  “PureSleep Stop Snoring Solution”
•  “PureSleep is a comfortable, self-molded mouthpiece that holds your jaw slightly forward, opening the airway so that the snoring stops.”
•  “It opens your airway and eliminates the vibrations we all know as snoring. No vibrations, no snoring!”
•  “PureSleep is guaranteed to stop your snoring right away.”
•  “Dentist Recommended and Safe”
•  “The #1 Selling Snoring Solution in the World”

During the course of ERSP’s inquiry, SSP informed ERSP that would voluntarily remove the claim, “No vibrations, no snoring.”

Following its review of the evidence in the record, including clinical studies on mandibular repositioning devices, ERSP determined that MRDs have been demonstrated to be successful in reducing snoring in certain users. ERSP noted that it had no objection to general performance claims, such as “Proven to Work!”

While ERSP agreed that PureSleep could help reduce snoring for some individuals, ERSP was not convinced that the cessation of snoring could be considered typical product performance. ERSP recommended SSP modify or discontinue snoring cessation claims.

ERSP further recommended that SSP modify or discontinue its “#1 Selling” claim, given the absence of evidence that PureSleep outsells all relevant competitive products in the industry.

Finally, ERSP concluded that the marketer provided a reasonable basis for its “Dentist Recommended” claim.

The company, in its marketer’s statement, said “SSP strongly supports ERSP’s goals and has always ensured its representations are factual and that its customers are satisfied … SSP appreciates ERSP’s detailed review and recommendations and will take them all into account when designing future advertising communications.”