Lifevantage Participates In ERSP Forum

New York, NY – May 13, 2009 – The Electronic Retailing Self-Regulation Program (ERSP) has determined that the Lifevantage Corporation has provided a reasonable basis for several performance and general establishment claims for the Protandim Dietary Supplement, but recommended modifying certain claims. The marketer’s advertising came to ERSP’s attention pursuant to ERSP’s routine monitoring efforts.

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’s inquiry focused on claims included in online advertising. Claims at issue in the ERSP inquiry included:

•  “Protandim contains a unique combination of phytonutrients that signal the body’s genes to produce its own antioxidant enzymes with thousands of times more anti-oxidant power than any food or conventional antioxidant supplement.*”; “Protandim offers you thousands of times more antioxidant power than any food or conventional antioxidant supplement!*”
• “Protandim. Your best defense against the ravages of time”
• “Look and Feel Younger”/ “Look and Feel Years Younger”
•  “Protandim is clinically proven to slow down the rate of cell aging by 40%!*”
•  “Protandim has been shown in a published, peer reviewed human study to eliminate the age-related increase in cell aging factors*”
• “Protandim is a breakthrough with the potential of adding years to people’s lives.” – ABC Primetime

ERSP determined that the marketer provided a reasonable basis for the statement that Protandim contains “a unique combination of phytonutrients that signal the body’s genes to produce its own antioxidant enzymes… .”

ERSP was concerned, however, about the accuracy and consumer understanding of the statement that the product will provide “…thousands of times more anti-oxidant power than any food or conventional antioxidant supplement.” ERSP recommended that the claim be modified.

ERSP determined the claim “Your best defense against the ravages of time,” could be interpreted by consumers as an unqualified performance claim. Absent evidence that the marketer has conducted a comparative evaluation of its product against the leading antioxidant products on the market, ERSP recommended the claim be modified.

The marketer indicated to ERSP that it is no longer using the “Look and Feel Younger”/ “Look and Feel Years Younger” claims in its advertising.

ERSP concluded that the marketer provided a reasonable basis for its establishment claims (e.g. “Protandim has been shown in a published, peer reviewed human study to eliminate the age-related increase in cell aging factors*”) while recommending that the establishment claims using a quantified percentage number be modified.

ERSP noted that it was not troubled by the claim “Protandim is a breakthrough with the potential of adding years to people’s lives.” According to Lifevantage, this statement was made by ABC News when its program “Primetime” characterized the potential of Protandim in June 2005. ERSP noted that the statement was clearly attributed to ABC.

The company, in its advertiser’s statement said “Lifevantage commits to consider, both carefully and immediately, all of the recommendations of ERSP for claim modification that are set out in this decision.”