Iovate Health Sciences Participates In ERSP Forum
New York,NY– August 29, 2007 – The Electronic Retailing Self -Regulation Program (ERSP) has determined that Iovate Health Sciences Inc. (Iovate) has substantiated performance, establishment, and exclusivity claims for the Sleep MD Formula and found the marketer’s voluntary modification of the expert endorsement claim to be adequate. The marketer’s advertising was challenged by WellNx Life Sciences, a competing manufacturer of nutritional supplements.
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 claims:
- “Helps you fall asleep fast and wake up refreshed” “Promotes healthy sleep patterns and natural biorhythms” “Delivers restful, drug-free sleep when you need it”
- “…clinically proven key ingredient and formulated with the latest in cutting-edge nanoparticulation technology”
- “This groundbreaking process, Nano-Diffuse™, reduces the size of a precise portion of the formula’s primary ingredient to near-micron size, allowing the dissolution process to begin right on your tongue.”
- “Doctor Formulated. Doctor Approved”
ERSP determined that the multiple clinical studies submitted by the marketer provided adequate support for the performance claims which involved the relative speed of sleep onset, the quality of sleep experienced, and the general safety of the product.
ERSP found that three clinical studies conducted using the same dosage level of the primary ingredient contained in the product adequately supported the establishment claim that the ingredient has been “clinically proven” to perform.
ERSP concluded that the exclusivity claims were adequately supported and determined that the marketer’s voluntary modification of its “Doctor Formulated” claim sufficiently alleviated the potential that the claim would be broadly interpreted by consumers as meaning that the product is recommended by independent doctors.
The company, in its marketer statement, said that “Iovate is pleased that ERSP found all of the performance claims for Sleep MD to be substantiated by randomized, double -blind, placeb o- controlled trials.” The marketer continued to say “Iovate appreciates ERSP’s careful attention to this matter and will continue to support ERSP’s efforts to promote truthful and accurate advertising of dietary supplements.”
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