Ott-Lite Technology Participates In ERSP Self-Regulatory Forum

New York, NY – February 21, 2006 – The Electronic Retailing Self-Regulation Program (ERSP) announced that Ott-Lite Technology (Ott-Lite), marketers of The Ott-Lite VisionSaver Plus Lamp, has provided a reasonable basis for establishment, performance, and comparative claims. The company was asked to provide the context for one exclusivity claim. The marketer’s advertising was reviewed pursuant to ERSP’s monitoring program.

ERSP,  the  electronic  direct-response  industry’s  self-regulatory  forum  administered  by  the Council of Better Business Bureaus (CBBB) with policy oversight by the National Advertising Review Council (NARC), reviewed several core claims that included:

  • Only light source laboratory proven to fall into this optimal range identified in scientific studies
  • So energy efficient it will eventually pay for itself.
  • The next best thing is simulated natural light by OTT-LITE Technology.

Ott-Lite provided a reasonable basis for the establishment claim “OTT-LITE Technology lamp is scientifically formulated to simulate natural daylight indoors” and its other general performance claims. However, ERSP was concerned with the exclusivity claim indicating that the VisionSaver is the “Only light source laboratory proven to fall into this optimal range identified in scientific studies.”  Though the reference to testing against 90% of household lighting types is presented in the infomercial, ERSP has cautioned OTT-LITE to modify the claim to include this information directly with the claim in the infomercial and other advertising.

ERSP agreed that Ott-Lite’s calculations on the savings for consumers from using a VisionSaver lamp provided a reasonable basis for the claim “Lasts up to 10,000 hours vs. 750 hours.” Further, the comprehensive survey provided by Ott-Lite provided a basis for the claims “Approximately 90% agreed that is closest to natural light.” ERSP also agreed, when stated in the context of the survey results and depicted in such a manner, that the claim “Simulates natural light, the best light to read by” is supported by the broad consumer survey conducted independently by the marketer. ERSP also found that the calculations along with additional material on heat and incandescent lighting supported the demonstration in the infomercial and the performance claim

  • “Produces 50% less heat.”

Finally, ERSP found that the evidence in the record supported the claim

  • “The next best thing is simulated natural light by OTT-LITE Technology.”

Ott-Lite, in its marketer’s statement, said it “…appreciates the opportunity to participate in the ERSP self-regulatory process and supports ERSP’s efforts of enhancing consumer confidence by providing truthful and accurate advertising. We are pleased that ERSP has agreed with the establishment, performance, exclusivity and comparative claims made regarding OTT-LITE VisionSaver Plus® lighting.  In accordance with the ERSP’s recommendation, in future versions of the commercial OTT-LITE Technology will modify the claim … in an effort to place this claim in context.”

 

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 Blueprint Test Preparation Discontinue Certain MCAT Score Improvement Claims

New York, NY – April 22, 2024 – The National Advertising Division recommended Blueprint Test Preparation discontinue certain express and implied claims made in connection with its four MCAT preparation courses, including claims that Blueprint students raise their MCAT scores by 15 or 13 points on average.

Read the Decision Summary
Decision

National Advertising Division Recommends The Princeton Review Discontinue Point Increase Claims for MCAT Test Preparation Services

New York, NY – April 18, 2024 – In a Fast-Track SWIFT challenge, the National Advertising Division recommended that The Princeton Review (TPR) discontinue claims that its students “Score a 515+ on the MCAT or add 15 points depending on your starting score. Guaranteed or your money back.”

Read the Decision Summary
Decision

Direct Selling Self-Regulatory Council Recommends Trades of Hope Discontinue Salesforce Member Earnings Claims

McLean, VA – April 17, 2024 – The Direct Selling Self-Regulatory Council (DSSRC) recommended that Trades of Hope discontinue certain earnings claims made by salesforce members on Facebook and YouTube. 

Read the Decision Summary
Decision

National Advertising Division Recommends Lily of the Desert Nutraceuticals Discontinue “100% Pure Avocado Oil” Claim for Tropical Plantation Avocado Oil

New York, NY – April 15, 2024 – The National Advertising Division recommended that Lily of the Desert Nutraceuticals discontinue the claim “100% Pure Avocado Oil” for its Tropical Plantation Avocado Oil and avoid conveying the unsupported message that the product is 100% pure avocado...

Read the Decision Summary