ERSP Reviews Advertising for NWLI’s ‘Prevoxin,’ Finds Support for Certain Claims; Recommends Advertiser Discontinue Testimonial
New York, NY – January 30, 2013 – The Electronic Retailing Self-Regulation Program (ERSP) has determined that National Weight Loss Institute (NWLI) can support general weight loss claims made in direct-response advertising for Prevoxin, a dietary supplement intended to promote weight loss, but recommended the marketer modify or discontinue certain 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 the attention of ERSP pursuant to its ongoing monitoring program.
ERSP reviewed broadcast and online advertising for Prevoxin and identified several claims for review, including:
- “And here’s the good news, Prevoxin is a powerful, pharmaceutical quality weight loss supplement that is available to you without a prescription.”
- “Prevoxin helps your body increase the production of a fat burning enzyme which boosts your metabolism so that your body can burn more calories and shed pounds of unwanted weight and fat.”
- “Clinically Proven”
- “Lose three times as much body fat and up to 200% more weight than with diet and exercise alone”
- “Prevoxin’s active ingredient is clinically proven to help your body produce more fat burning enzymes making it easier for you to lose pounds of unwanted weight.”
- “In a double blind study that included moderate diet and exercise, participants who took Prevoxin lost 200% more weight than those who didn’t take Prevoxin. Participants who took pharmaceutical quality Prevoxin also lost 3 times as much body fat.”
- “…the first week I lost 10 pounds. I was able to drop the 30 pounds and 9 inches around the waist.”
Following its review of the case record, ERSP determined that the two clinical human studies on 3-acetyl-7-oxo-dehydroepiandrosterone, or 7-Keto DHEA, provided reliable support for the marketer’s establishment claim of 200% increased weight loss when using the product in combination with diet and exercise. However, ERSP found the evidence did not provide adequate substantiation for the claim that Prevoxin can help users “lose 3x as much body fat.”
Regarding claims pertaining to the “pharmaceutical quality” of Prevoxin, ERSP recommended that NWLI clearly present the related disclosure independently of the disclosure that qualifies weight loss results in order to prevent any ambiguity.
ERSP also recommended the marketer discontinue the testimonial at issue as the relevant disclosure did not adequately convey the results consumers can generally expect to achieve from use of the product.
The company, in its marketer’s statement, said, “It welcomes and appreciates ERSP’s thorough and thoughtful review of advertising for its weight loss product, Prevoxin. … [NWLI] certainly respects ERSP’s conclusions and recommendations and will modify these claims in its future advertising.”
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.