Unimed International Participates In ERSP Forum
New York, NY –November 11, 2005 – The Electronic Retailing Self-Regulation Program (ERSP) announced that Unimed International, Inc. (Unimed) parent company of Chamonix All Natural Skin Care (Chamonix) marketers of the Jeunesse Eye Cream and Face Serum (Jeunesse), has supported its claim that Jeunesse reduces the appearance of wrinkles and has agreed to modifying other Performance, establishment, and testimonial claims. Chamonix voluntarily modified comparative claims while the ERSP review was ongoing. The marketer’s advertis ing was reviewed pursuant to a competitive challenge.
ERSP, the electronic direct-response industry’s self-regulatory forum supervised by the National Advertising Review Council (NARC), asked Chamonix to provide substantiation for core claims made in advertising for Jeunesse, including:
“Clinically proven to reduce fine lines and facial wrinkles in as little as five minutes.”
“Lose Your Wrinkles Guaranteed!”
“Jeunesse is clinically proven to…be the safest & most effective anti-wrinkle treatment.”
“It took…in five minutes, 15 years off my appearance.” “Clinically Proven &Guaranteed!”
ERSP appreciated the company’s cooperation and its voluntary modification of comparative claims during the review process.
“Clinically proven” cla ims send a strong message to consumers. ERSP recommended that Chamonix modify all “clinically proven” claims until testing on the actual strength of the active ingredient Relaxoderm has been conducted. ERSP recommended also modifying the five-minute claims in Chamonix’s advertising to reflect the actual ten-minute testing conducted on the product.
ERSP agreed that the testing submitted on the product ingredients does show an improvement in the “appearance” of wrinkles and facial lines, but cautioned that the context in which the performance claims are referenced be based in appearance only. ERSP recommended also that testimonial claims reflect the testing on record, as these claims are equivalent to the marketer making these statements directly.
Unimed, in its response to ERSP’s findings, said it is “… indeed comfortable with the outcome and eager to follow your recommendation…. the internet e-mail campaign in question has been stopped until creative changes have been made. The remaining creative changes you suggested have been made or will be made shortly…As you noted in your final report, we value transparency in all our advertising and all business practices… I would like to thank your office and your organization for the vital role you play in protecting the industry.”
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
National Advertising Division Finds Realtor.com “#1 Site Real Estate Professionals Trust” Claim Supported
New York, NY – November 8, 2024 – In a challenge brought by competitor CoStar Group, the National Advertising Division determined that Move provided a reasonable basis for its claim that Realtor.com is the “#1 site real estate professionals trust.
National Advertising Division Recommends Verizon Discontinue or Modify Certain Claims for Satellite-Supported Texting Services
New York, NY – November 7, 2024 – In a Fast-Track SWIFT challenge brought by T-Mobile, the National Advertising Division recommended that Verizon either discontinue certain claims about satellite-supported texting services in remote locations or modify them to disclose the necessary conditions for Verizon customers...
Following National Advertising Division Challenge, PetIQ Voluntarily Discontinues Certain Claims for NextStar Flea & Tick Topical
New York, NY – November 6, 2024 – Following a National Advertising Division challenge, PetIQ discontinued certain claims for its NextStar Flea & Tick topical flea prevention and treatment product, which appeared on PetIQ’s website, social media, and third-party websites.
National Advertising Division Finds Certain Safety Claims for Drunk Elephant Skincare Products Supported; Recommends Modification of Influencer Posts
New York, NY – November 4, 2024 – The National Advertising Division determined certain Drunk Elephant social media claims regarding skincare products being “safe for kids and tweens to use” were supported, but determined that two TikTok video influencer disclosures for Drunk Elephant's B-Goldi...