ERSP Refers Zantrex-3 To The FTC

New York, NY October 20, 2004 – The Electronic Retailing Self-Regulation Program (“ERSP”), the electronic direct-response industry’s self-regulatory forum, announced that it will refer advertising by Basic Research for its dietary supplement, Zantrex-3, 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 core claims in print advertising for Zantrex- 3 at issue were: 243% more effective than the other leading diet pills and “the number one selling diet pill in America.”

Basic Research decided not to address the quantified claims made in their print advertising. Following 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 Zantrex-3 print advertisements.

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.

 

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

Decision

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.

Read the Decision Summary
Decision

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...

Read the Decision Summary
Decision

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.

Read the Decision Summary
Decision

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...

Read the Decision Summary