Fitness IQ Participates In ERSP Forum

New York, NY – Jan. 13, 2009 – The Electronic Retailing Self-Regulation Program (ERSP) has determined that Fitness IQ, LLC., provided a reasonable basis for certain claims for Shake Weight Exercise Equipment, but recommended the marketer modify certain claims. The marketer’s advertising came to ERSP’s attention pursuant to its ongoing monitoring program.

 

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).

 

ERSP examined claims in broadcast and online advertising that included:

 

  • “fastest, easiest, most effective.”
  • “Designed specifically for women.”
    • “Based on a completely new workout technology called Dynamic Inertia which ignites the muscles in your arm, shoulders, and chest.”
  • “Scientific studies at a prestigiousCaliforniauniversity prove that the Shake Weight increases upper body muscle activity by more than 300% compared to traditional weights.”
  • “Scientifically proven results.”

 

 

Fitness IQ agreed to voluntarily modify its “fastest, easiest most effective” claim to specifically limit its comparison in future advertising to “dumbbells and push-ups,” which ERSP found consistent with the parameters of the testing submitted by the marketer.

 

ERSP determined that the marketer’s use of the term “designed specifically for women” was appropriate based upon the marketer’s design of the 2.5 lb. Shake Weight. Further, ERSP found that the marketer’s exclusive use of the term “Dynamic Inertia” was not inappropriate.

 

ERSP determined that the marketer adequately supported its claim that the product has been “scientifically proven.”

 

ERSP recommended that the claim that “the Shake Weight increases upper body muscle activity by more than 300% compared to traditional weights” be modified to make the representation more accurate in its quantified advertised context in future advertising.

 

The company, in its marketer’s statement, said “FitnessIQ supports and applauds the efforts by ESRP to ensure accurate and scientifically proven advertising claims by all marketers in Electronic Retailing.” The marketer added that “…FitnessIQ voluntarily agrees to adopt the modified claim ‘the Shake Weight increases upper body muscle activity by approximately 300% compared to traditional weights’ as recommended by the ESRP.”

 

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