Tyrell Inc. Takes Part In ERSP Forum
New York, NY – May 9, 2007 – The Electronic Retailing Self-Regulation Program (ERSP) has determined that Tyrell Inc., marketers of the Zeno Acne Treatment Device (Zeno), have adequately supported certain claims, but recommended the addition of disclosures to advertising for the product.
The marketer’s advertis ing was reviewed pursuant to an anonymous challenge.
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:
- “In clinical trials, 90 percent of blemishes treated with Zeno disappeared or faded within 24 hours”
- “Zeno, the first FDA-cleared medical device designed to treat mild to moderate acne, has 90 percent efficacy in clinical trials-resolving most blemishes within 24 hours” “Announcing Zeno: dermatologist recommended to clear up pimples. Fast.”
- “In fact, for treating acne pimples, it’s the most scientifically advanced and effective device available without a prescription.”
ERSP found that the clinical testing provided by Tyrell provided a reasonable basis for its claim that “In clinical trials, 90 percent of blemishes treated with Zeno disappeared or faded within 24 hours,” and found that the marketer provided a reasonable basis for its comparative claim that Zeno is “the most scientifically advanced and effective device available without a prescription.” ERSP further determined that the marketer adequately supported its claim that Zeno is “the first FDA-cleared medical device designed to treat mild to moderate acne.”
However, ERSP recommended the marketer modify its advertising to disclose that its testing was done on subjects with mild or moderate acne conditions and the quantified claim was limited to treatment of these types of acne. ERSP recommended also the marketer include appropriate disclaimer language to the consumer testimonial section of the Website.
The company, in its marketer’s statement, said “Tyrell appreciates the opportunity to have worked with the ERSP self-regulatory program to provide consumers with truthful and accurate 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
NAD Finds Certain Claims for Mott’s Fruit Flavored Snacks Supported or Outside NAD’s Jurisdiction; Recommends General Mills Discontinue or Modify Other Claims
New York, NY – November 25, 2024 – The National Advertising Division recommended that General Mills discontinue or modify certain express and implied claims regarding the fruit and vegetable content of Mott’s Fruit Flavored Snacks and the nutritional benefits of those ingredients.
In National Advertising Division Challenge, Drip Hydration Voluntarily Discontinues Claims for its Ketamine IV Therapy
New York, NY – November 22, 2024 – Following a challenge brought by the National Advertising Division as part of its routine monitoring program, Drip Hydration voluntarily discontinued advertising claims for its Drip Hydration Ketamine IV Therapy.
NAD Finds Patented and Safety Claims for POOPH’s Pet Odor & Stain Eliminator Supported; Recommends Other Claims Be Modified or Discontinued
New York, NY – November 21, 2024 – The National Advertising Division determined that Ikigai supported patented and safety claims for their POOPH Pet Odor & Stain Eliminator, but recommended that other claims, including claims that POOPH eliminates odors and strains, be discontinued.
National Advertising Division Recommends SharkNinja Discontinue Certain Best Deep Carpet Cleaning Claims
New York, NY – November 19, 2024 – BBB National Programs’ National Advertising Division recommended that SharkNinja discontinue the claim “The Best Deep Carpet Cleaning Among Full-Sized Deep Carpet Cleaners** Based on ASTM F2828 vs. full-sized carpet cleaners above 14 lbs.”