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

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