Syndero Participates In ERSP Forum

New York, NY – May 20, 2008 – The Electronic Retailing Self-Regulation Program (ERSP) has determined that Syndero, Inc., marketer of the Dermitage anti-aging skin care system, has provided a reasonable basis of support for claims of general product performance but recommended modification of claims relating to “instant” product performance.  The marketer’s advertising came to ERSP’s attention pursuant to its ongoing monitoring program.

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:

  • “Instantly firm skin with patented Lifting Spheres”
  • “Working together they re-energize your skin, delivering both instant and enduring beauty.”
  • “Clinical tests on Dermitage’s active ingredients illustrate just how effective this revolutionary formula is: 168% boost in natural collagen production; 57% decrease in the appearance of wrinkles and fine lines; 55% increase in skin firmness; 51% increase in skin hydration”
  • “Within minutes my  skin gets smoother, tighter, and more perky.”
  • “It feels more moist and hydrated, and within minutes some of my  fine lines literally vanished!”

ERSP  was also concerned by  images featured in “sky-scraper” advertisements which illustrate a dramatic transition from a wrinkled woman’s face to one with completely smooth skin. ERSP  determined that the use of such image is not puffery; rather, ERSP  found that the images communicated a meaningful and measurable claim of product performance.

ERSP  determined that the results of testing on the product provided a reasonable basis of support for claims of general product performance. However, ERSP  found that the evidence in the record did  not support the claim the product would work “instantly”, “almost instantly”, or “within minutes.”

Further, ERSP  recommended the marketer disclose material information regarding the clinical testing that served as the basis for the marketer’s establishment claims.

The marketer represented that it had discontinued the two consumer testimonials at issue in the ERSP  review.

The company,  in its marketer statement, said it “strongly supports the Electronic Retailing Self-Regulation Program and welcomes this opportunity to participate in the process.  The company is pleased with the findings that there is a reasonable basis supporting many of its core advertising claims, including claims relating to the safety and effectiveness of Dermitage. While we respectfully disagree with other aspects of the decision, Syndero agrees to consider ERSP’s comments in all future advertising.”

 

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