ERSP Finds Troy Can Support Certain Claims For Vepygen But Recommends Marketer Modify, Discontinue Certain Claims
New York, NY – Dec. 7, 2010 – The Electronic Retailing Self-Regulation Program (ERSP) has determined that Troy LLC provided adequate support for general performance claims for the Vepygen Anti-Stretch Mark Complex, but recommended the marketer modify or discontinue certain claims, including “Doctor Recommended” claims.
ERSP, the electronic direct-response industry’s self-regulatory forum, is administered by the Council of Better Business Bureaus (CBBB) with policy oversight by the National Advertising Review Council (NARC).
The marketer’s advertising came to the attention of ERSP through ERSP’s routine monitoring efforts.
ERSP examined claims in broadcast, radio, and online advertising that included:
- “Reduce the appearance of stretch marks”
- “Permanent, Dramatic Visible Results Within Weeks!”
- “100% Guaranteed Results”
- “safe and effective for all skin types!”
- “Clinically Proven 4X Stronger!”; “…clinically proven to be four times stronger and effective at preventing and reducing the appearance of stretch marks”
- “Contains Regestril – A Clinically Proven Patented Complex From France That Can Reduce The Appearance Of Stretch marks!”
- “Doctor Recommended”
Following its review of the evidence, which included both laboratory and human testing, ERSP determined that the marketer provided a reasonable basis for core general performance claims related to a reduction in the appearance of stretch marks.
However, ERSP determined that several other core performance claims – including the length of time required to achieve results, the permanency of results, and the efficacy and safety of the product on various skin types – were not supported by the evidence in the record.
ERSP further determined that the marketer’s “guarantee” claims – which relate to a money-back guarantee for customers who are not satisfied – were not properly supported in the context of the advertising at issue.
ERSP determined that the marketer’s clinical evidence on the product’s active ingredient provided a sufficient basis for the core claim that the product “Contains Regestril – A Clinically Proven Patented Complex From France That Can Reduce The Appearance Of Stretch marks!” ERSP determined, however, that the marketer’s “4X stronger” claim was not supported and recommended the claim be discontinued.
ERSP recommended that the marketer discontinue a “Doctor Recommended” claim. Finally, ERSP found that the marketer’s evidence did not support claims included in consumer testimonials and determined that disclosure language used in conjunction with testimonials was insufficient to communicate to consumers that the results describe are atypical.
The company, in its marketer’s statement, said “we have decided to accept ERSP’s recommendations in its entirety and will make the minor recommended modifications to our 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
NAD Finds Certain Claims for Mott’s Fruit Flavored Snacks Supported or Outside NAD’s Jurisdiction; Recommends General Mills Discontinue or Modify Other Claims
New York, NY – November 25, 2024 – The National Advertising Division recommended that General Mills discontinue or modify certain express and implied claims regarding the fruit and vegetable content of Mott’s Fruit Flavored Snacks and the nutritional benefits of those ingredients.
In National Advertising Division Challenge, Drip Hydration Voluntarily Discontinues Claims for its Ketamine IV Therapy
New York, NY – November 22, 2024 – Following a challenge brought by the National Advertising Division as part of its routine monitoring program, Drip Hydration voluntarily discontinued advertising claims for its Drip Hydration Ketamine IV Therapy.
NAD Finds Patented and Safety Claims for POOPH’s Pet Odor & Stain Eliminator Supported; Recommends Other Claims Be Modified or Discontinued
New York, NY – November 21, 2024 – The National Advertising Division determined that Ikigai supported patented and safety claims for their POOPH Pet Odor & Stain Eliminator, but recommended that other claims, including claims that POOPH eliminates odors and strains, be discontinued.
National Advertising Division Recommends SharkNinja Discontinue Certain Best Deep Carpet Cleaning Claims
New York, NY – November 19, 2024 – BBB National Programs’ National Advertising Division recommended that SharkNinja discontinue the claim “The Best Deep Carpet Cleaning Among Full-Sized Deep Carpet Cleaners** Based on ASTM F2828 vs. full-sized carpet cleaners above 14 lbs.”