NX Care, Inc Participates In ERSP Forum
New York, NY – October 11, 2006 – The Electronic Retailing Self-Regulation Program (ERSP) has recommended NxCare, Inc., marketer of NV Dietary Supplement (“NV”), modify certain performance and testimonial claims, including “rapid weight loss” claims, and more carefully qualify its exclusivity claims. NxCare’s advertising was challenged by an anonymous competitor.
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).
Claims at issue in the ERSP inquiry included:
- “NV’s extraordinary formula is designed to help you rapidly lose weight to shape your figure, make your hair, skin and nails look stunning and provide the energy to be more dynamic than you’ve ever been.
- “The World’s First Rapid Weight-Loss Formula with Beauty-Enhancing Properties has arrived!”
- “Beauty Complex: Look radiant. NV also includes special ingredients that help hair, skin and nails look their best. It’s like a complete body makeover from the inside.”
- “I lost 35 pounds in 10 weeks. – Angeline”
Following its review of the evidence, ERSP determined that the marketer relied on clinical studies on the individual ingredients. While ERSP believes these studies support a general weight loss claim, ERSP determined that the “rapid weight loss” claim was not properly supported.
Although ERSP was persuaded that there was no evidence presented of other nutritional supplements on the market that combine weight loss with other ingredients that would confer significant cosmetic benefits to women, ERSP concluded that the marketer’s unqualified characterization of the product as a “beauty pill” may not be consistent with consumer expectations. Finally, ERSP determined that NxCare’s consumer testimonial was not adequately qualified. However, ERSP noted in its decision that it is encouraged by the marketer’s commitment to re-examine the testimonial in a way that would be consistent with FTC’s Endorsement Guidelines.
The company, in its marketer’s statement, said it appreciated ERSP’s analysis of its advertising claims and the scientific substantiation relied for those claims.
The company noted that it is “committed to the self-regulatory process and therefore will consider ERSP’s comments in its future advertising.”
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