ERSP Refers Super Prostate Formula To The FTC

New York, NY – September 22, 2004 – The Electronic Retailing Self-Regulation Program (“ERSP”), the ele ctronic direct-response industry’s self-regulatory forum, announced that it will refer advertising by Physicians Choice, Inc for its dietary supplement, Super Prostate Formula, to the Federal Trade Commission (“FTC”). The truth and accuracy of the marketer’s claims came to the attention of ERSP through its routine and on-going monitoring program.

The following statements were representative of the core claims at issue in the 30-minutes Super Prostate

Formula infomercial:  all men are destined to have an enlarged prostate; “can reverse the problem of an enlarged prostate”; “Studies have shown that the nutrients found in the Super Prostate Formula may actually reduce the size of the prostate”; “Bioperine – clinically proven to increase nutrient absorption up to 250%”; “…incredible reduction in the number of times a man needs to get up at night.”

Physician’s Choice, Inc decided to not address the product performance claims made in their thirty- minute infomercial. Pursuant to ERSP procedures, the marketer’s actions have compelled the self- regulatory forum to refer this inquiry to the FTC in order to address ERSP’s preliminary concerns with the advertising in the Super Prostate Formula infomercial.

ERSP was launched on August 1, 2004 with policy oversight provided by National Advertising Review Council (“NARC”) to look at the truth and accuracy of claims in direct response marketing. The direct response industry, which includes long form (infomercial) productions, short-form commercials, live home shopping channels, Internet marketing and radio advertising generated estimated revenues of $256 billion in 2003 alone. This self-regulatory forum inquires about the truth and accuracy of claims in both short and long format direct response advertising brought to ERSP’s attention through consumer or competitor challenges and ERSP’s own ongoing monitoring program