Sarpes Beverage Participates In ERSP Forum

New York, NY – June 28, 2010 – The Electronic Retailing Self-Regulation Program (ERSP) has determined that Sarpes Beverages LLC can support general efficacy claims for Dream Water, but recommended the marketer modify certain consumer testimonials.

The marketer’s advertising came to ERSP’s attention through ERSP’s routine monitoring of electronic direct-response advertising.

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 examined claims in online advertising that included:

  • · “The First Water that Helps You Relax and Fall Asleep.”
    • · “Wow, I haven’t been able to sleep in years and in just one night the lemon shot worked. I started feeling really relaxed within just a few minutes o taking the shot…” Susan, Washington dc
  • · “…and in about 20 minutes I started to get pretty tired. I went to bed and fell fast asleep in no time” Emily, Charlotte, NC
  • · “…helped me to fall asleep in like 30 minutes instead of 2 hours.” David, Orlando, FL
  • · “The Dream Water worked better than just the melatonin I had been taking and it’s great.” Ken, Houston TX

 

ERSP determined that the marketer provided a reasonable basis for its core message of product efficacy, as well as its representation that Dream Water is the “First Water that Helps You Relax and Fall Asleep.”

However, ERSP determined that the marketer did not adequately support claims made in consumer testimonials regarding the onset of action (“just a few minutes;” “20 minutes;” “30 minutes”) and recommended the advertiser discontinue such claims.

The company, in its marketer’s statement, said it appreciated ERSP’s review. “We will be vigilant that all media containing any testimonials be thoroughly monitored … ,” the company said.

 

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