Glaxo Smith Kline Participates In ERSP Forum
New York,NY– August 14, 2007 – The Electronic Retailing Self -Regulation Program (ERSP) has determined that GlaxoSmithKline Consumer Healthcare (GSK) was unable to support an exclusivity claim for the Beano supplement. The marketer’s advertising was brought to ERSP’s attention by an anonymous consumer inquiry.
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 reviewed the following core claim:
- “The only product available that can help prevent gas.”
During the course of the review, it came to ERSP’s attention that the marketer stopped disseminating the claim on its Website but that the marketer reserved the right to make the claim in future advertising. Based on this representation ERSP continued with its analysis.
ERSP noted that the inquiry was not predicated on the unique efficacy of the product or the adequacy of the description of its mechanism of action. ERSP determined that supporting an express exclusivity claim based on the criteria of availability is not overly demanding of a marketer and differentiated the necessary support from a claim of superiority which would require a marketer to test a significant market share to support its claim. Accordingly, ERSP’s review was limited to the exclusivity claim on the Beano website.
ERSP determined that the marketer did not support the exclusivity claim due to the presence of competitive products available to consumers in the marketplace.
The company, in its marketer statement, said that “GlaxoSmithKline Consumer Healthcare (GSK) respectfully disagrees with ERSP’s conclusion regarding the single claim at issue. However, GSK agrees to take ERSP’s views into account and will qualify the
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