ERSP Reviews Advertising for HCG Triumph
Recommends Marketer Modify, Discontinue Certain Claims
New York, NY – May 21, 2012 – The Electronic Retailing Self-Regulation Program (ERSP) has recommended that Triu Naturals, LLC modify or discontinue certain advertising claims for the company’s HCG Triumph.
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 HCG Triumph, and identified several claims for review, including:
• “Lose up to 2 pounds per day.”
• “Incredibly fast and safe weight loss.”
• “Just as effective in the oral form as the injections.”
• “You are able to keep the weight off.”
• “I lost 25 lbs in 21 days!” [Emily Ezzo]
• “I have lost 10 pounds in less than 2 weeks!” [Jessica Schmidt]
During the pendency of the inquiry, the marketer informed ERSP that it made several changes to its website and voluntarily removed all of the claims at issue. However, ERSP remained concerned about the core message (i.e., HCG Triumph will contribute to weight loss in a way that is separate and apart from the accompanying low-calorie diet) communicated in the advertising.
While ERSP confirmed that two of the testimonials were removed, the marketer continues to disseminate a testimonials section on its website. The “Testimonials” page does not include a disclosure indicating that the weight loss is atypical or the generally expected results from use of HCG Triumph. The marketer informed ERSP that it would add a disclosure, but ERSP noted the marketer did not provide any substantive evidence that would support the weight loss results depicted and advertised.
Several of the testimonials do not make a distinction between the homeopathic HCG drops and the low calorie diet plan. ERSP determined that the advertising continues to communicate that the HCG drops significantly contribute to weight loss in a way that is separate from the low calorie diet. As a result, ERSP recommended the marketer discontinue consumer testimonials as currently presented on its website.
The company, in its marketer’s statement, said, “We have made some corrective changes to our website and are continuing to give serious consideration to your Final Decision … We are pleased to have participated in ERSP’s self-regulatory process.”
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 Recommends Oral Essentials Discontinue "Certified Non-Toxic" Claim for its Lumineux Mouthwash
New York, NY – December 30, 2024 – In a Fast-Track SWIFT challenge brought by GuruNanda, the National Advertising Division recommended that Oral Essentials discontinue its claim that Lumineux mouthwash products are “Certified Non-Toxic.”
NARB Recommends T-Mobile Discontinue or Modify Commercial to Better Disclose Conditions of Free iPhone Offer, 20% Savings Claim
New York, NY – December 30, 2024 – A panel of the National Advertising Review Board (NARB) recommended that T-Mobile discontinue or modify its commercial to better disclose the material conditions of its free iPhone 16 Pro offer and its 20% rate plan savings claim compared to AT&T and Verizon.
Direct Selling Self-Regulatory Council Recommends Valentus Discontinue Earnings and Product Performance Claims
McLean, VA – December 23, 2024 – The Direct Selling Self-Regulatory Council (DSSRC) recommended Valentus, a direct selling company that sells nutritional and lifestyle products, discontinue earnings and health-related product performance claims made on social media and on the Valentus website.
Direct Selling Self-Regulatory Council Refers Olive Tree Earnings Claims to the FTC and California AG for Possible Enforcement Action
McLean, VA – December 20, 2024 – The Direct Selling Self-Regulatory Council (DSSRC) referred Olive Tree to the Federal Trade Commission (FTC) and California Attorney General's Office for possible enforcement action after Olive Tree failed to respond to a DSSRC inquiry into earnings claims.