ERSP Refers Advertising from Venus America to FTC for Review
Marketer Fails to Provide Sufficient Evidence for Claims
New York, NY – May 17, 2012 – The Electronic Retailing Self-Regulation Program (ERSP) will refer direct-response advertising from Venus America Corp., maker of Venus Mother of Pearl Powder Cream, to the Federal Trade Commission (FTC), following the marketer’s failure to provide sufficient evidence to support its performance claims.
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 ERSP’s attention through an anonymous competitive complaint.
Claims at issue in the initial inquiry included:
“Reducing blemishes, scars, wrinkles, stretch marks, acne, pimples, blackheads, crow’s feet, expression lines, irritation after shaving.”
- “The only one that has maintained itself within the market with results; tested and proven.”
- “A 100% natural formula with all the regenerative power of its principle ingredient – mother of pearl powder, extracted from the bottom of the sea and enriched with vitamins to make your skin look smoother, hydrated and healthy.”
- “Venus Mother of Pearl Powder Cream from Veracruz Mexico possesses an antimicrobial agent attacking and preventing the growth of bacteria on the skin. Being a natural product it causes no harmful side effects.”
- “It reduces the wrinkles in very few weeks.”
Following the marketer’s failure to submit to ERSP any evidence that would demonstrate a reasonable basis for its claims, ERSP recommended that the marketer discontinue the claims at issue. ERSP then forwarded its recommendations to the advertiser and requested a Marketer’s Statement as to whether the company would agree to discontinue the claims.
The marketer did not respond to ERSP’s and after expiration of the five (5) day time period provided by the Electronic Retailing Self-Regulation Program Policy & Procedures, ERSP referred the matter to the FTC for further review.
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
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.
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...
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.
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...