International Nutrition Master, Inc.’s Spanish-Speaking Advertising Referred To Federal Trade Commission

New York, NY – August 1, 2005 – The Electronic Retailing Self-Regulation Program (ERSP), announced that it will refer direct response, Spanish-Speaking advertising disseminated by International Nutrition Master, Inc., marketers of Hepatol Complex, to the Federal Trade Commission (“FTC”). The truth and accuracy of the marketer’s claims came to the attention of ERSP through an anonymous consumer complaint.

The core claims that were identified in the 30-minute Hepatol Complex advertising were: a) safety claims (i.e., “…no risk of side effects.”); b) performance claims (i.e. “Hepatol helps your liver so it functions normally.”); and c) implied claims (i.e. “If you suffer from any of these symptoms [gain or lose weight irregularly; stomach acid; …long time to recuperate from drinking alcohol; headaches; abdominal inflammation; indigestion; stomach pain; gas, nausea; bad breath; cholesterol or triglycerides elevated; diarrhea; pimples, blackheads; dandruff], you suffer from liver dysfunction.”).

Pursuant to the ERSP Procedures, after failing to respond to ERSP’s original inquiry within fifteen calendar days, the direct response marketer was afforded a second ten-day period in which to submit a substantive response. The marketer failed to meet this second deadline and pursuant to section 2.6 (B) of the ERSP Policies and Procedures, this inquiry has been referred to the FTC in order to address concerns regarding the truthfulness and accuracy of the Hepatol Complex direct response infomercial.

 

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 Oral Essentials Discontinue "Certified Non-Toxic" Claim for its Lumineux Mouthwash

New York, NY – December 30, 2024 – In a Fast-Track SWIFT challenge brought by GuruNanda, the National Advertising Division recommended that Oral Essentials discontinue its claim that Lumineux mouthwash products are “Certified Non-Toxic.” 

Read the Decision Summary
Decision

NARB Recommends T-Mobile Discontinue or Modify Commercial to Better Disclose Conditions of Free iPhone Offer, 20% Savings Claim

New York, NY – December 30, 2024 – A panel of the National Advertising Review Board (NARB) recommended that T-Mobile discontinue or modify its commercial to better disclose the material conditions of its free iPhone 16 Pro offer and its 20% rate plan savings claim compared to AT&T and Verizon. 

Read the Decision Summary
Decision

Direct Selling Self-Regulatory Council Recommends Valentus Discontinue Earnings and Product Performance Claims

McLean, VA – December 23, 2024 – The Direct Selling Self-Regulatory Council (DSSRC) recommended Valentus, a direct selling company that sells nutritional and lifestyle products, discontinue earnings and health-related product performance claims made on social media and on the Valentus website.

Read the Decision Summary
Decision

Direct Selling Self-Regulatory Council Refers Olive Tree Earnings Claims to the FTC and California AG for Possible Enforcement Action

McLean, VA – December 20, 2024 – The Direct Selling Self-Regulatory Council (DSSRC) referred Olive Tree to the Federal Trade Commission (FTC) and California Attorney General's Office for possible enforcement action after Olive Tree failed to respond to a DSSRC inquiry into earnings claims.  

Read the Decision Summary