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

Decision

National Advertising Division Recommends Blueprint Test Preparation Discontinue Certain MCAT Score Improvement Claims

New York, NY – April 22, 2024 – The National Advertising Division recommended Blueprint Test Preparation discontinue certain express and implied claims made in connection with its four MCAT preparation courses, including claims that Blueprint students raise their MCAT scores by 15 or 13 points on average.

Read the Decision Summary
Decision

National Advertising Division Recommends The Princeton Review Discontinue Point Increase Claims for MCAT Test Preparation Services

New York, NY – April 18, 2024 – In a Fast-Track SWIFT challenge, the National Advertising Division recommended that The Princeton Review (TPR) discontinue claims that its students “Score a 515+ on the MCAT or add 15 points depending on your starting score. Guaranteed or your money back.”

Read the Decision Summary
Decision

Direct Selling Self-Regulatory Council Recommends Trades of Hope Discontinue Salesforce Member Earnings Claims

McLean, VA – April 17, 2024 – The Direct Selling Self-Regulatory Council (DSSRC) recommended that Trades of Hope discontinue certain earnings claims made by salesforce members on Facebook and YouTube. 

Read the Decision Summary
Decision

National Advertising Division Recommends Lily of the Desert Nutraceuticals Discontinue “100% Pure Avocado Oil” Claim for Tropical Plantation Avocado Oil

New York, NY – April 15, 2024 – The National Advertising Division recommended that Lily of the Desert Nutraceuticals discontinue the claim “100% Pure Avocado Oil” for its Tropical Plantation Avocado Oil and avoid conveying the unsupported message that the product is 100% pure avocado...

Read the Decision Summary