ERSP Recommends Flexcin International Discontinue Claims For “Flexcin Joint Pain Remedy Treatment With CM8”
New York, NY – Sept. 22, 2010 – The Electronic Retailing Self-Regulation Program (ERSP) has recommended that Flexcin International Inc. discontinue claims made in direct response advertising for the Flexcin Joint Pain Remedy Treatment with CM8.
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).
The marketer’s advertising came to the attention of ERSP’s through a competitive challenge.
ERSP examined claims made at the product Website, as well as claims that appeared at several purportedly independent third-party review Websites. Claims at issue included:
- “We have lined up each product to compare it, using Flexcin as the common denominator, since it is our Top Selection” [remedy-alert.com]
- “Joint pain, arthritis, gout & fibromyalgia are eliminated by Flexcin w/CM8”
- “Flexcin is the most effective and longest lasting joint pain supplement available today”
- “Flexcin is free from the many dangerous alternative negative effect common to many joint pain products. No more worries about ulcers, bleeding, or damage to the heart, liver, and other organs”
- “Flexcin has been proven to be an effective pain reliever for rheumatoid arthritis, gout, fibromyalgia, osteoarthritis, bursitis, and many other joint and muscle ailments”
- “Recommended by doctors and chiropractors to their patients”; “Doctor Approved”
- “…My doctor told me that cartilage is being regenerated”
Following its review of the evidence in the record, ERSP determined that the marketer could not support general performance, comparative and establishment claims made for the product.
Although the marketer provided ERSP with data indicating the effectiveness of several of the primary ingredients in Flexcin, there was no evidence that the ingredients tested were present in the product at the same dosage rate.
ERSP recommended that the marketer discontinue such claims for the product until it can produce the necessary evidence.
ERSP further recommended that the marketer discontinue consumer testimonials. ERSP noted that consumer testimonials do not rise to the level of competent and reliable evidence and found that the claims made for the product through such testimonials were unsupported.
ERSP concluded that the marketer should discontinue its expert endorsement and doctor-recommended claims.
Finally, ERSP – citing safety implications and the potential false disparagement of competing products – recommended that the marketer make a bona fide, good-faith effort to contact the affiliates controlling third-party Websites and request that they cease publication of the advertising claims at issue.
The company, in its marketer’s statement, said “Flexcin has already taken necessary steps to change some wording on its Website and www.flexcin.com should now be in accordance with NARC/ERSP regulations and this report’s findings.”
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