US Botanicals Participates In ERSP Self-Regulatory Forum

New York, NY – May 10, 2005 – The Electronic Retailing Self-Regulation Program (“ERSP”), the electronic direct-response industry’s self-regulatory forum supervised by the National Advertising Review Council (“NARC”), announced that despite the fact that several studies were submitted by the marketer on the product and its ingredients, it has recommended that U.S. Botanicals, the direct response marketer for Glycoprin Nutritional Supplements , to discontinue broad health claims made in its infomercial until further studies can be conducted to clarify specific health issues.  The truth and accuracy of the marketer’s claims came to the attention of ERSP from an anonymous consumer complaint..

In the inquiry for the Glycoprin Nutritional Supplements, ERSP requested that the marketer provide substantiation for performance claims relating to blood sugar, general health, comparisons to insulin, establishment and safety claims that were communicated in online advertising including: “…my blood sugar levels became normal.”; “… my weight is coming down…”; “… your probably have to take insulin for the rest of your life…. which scared the daylights out of me… “; “Actual laboratory results show their glucose levels came down.” and “Other laboratory tests also showed that Glycoprin was safe.”

ERSP determined that the large amount of testing evidence submitted by U.S. Botanicals, while providing very encouraging results for subjects with Type 2 diabetes, did not provide sufficient evidence for its very specific health, safety and establishment claims. While recognizing the marketers willingness to voluntary modify its advertisement and cooperate within the spirit of the self-regulatory forum, ERSP recommended that until further studies to clarify these questions of efficacy are conducted that the marketer also refrain from express safety and comparative insulin claims

In response to ERSP’s decision, U.S. Botanicals responded that it “… respectfully disagrees with…NARC’s assertions and concerns regarding the advertising for the Glycoprin product. Nevertheless, U.S. Botanicals accepts and will adhere to the NARC’s final decision in its entirety and agrees to reevaluate, modify, and make all necessary and requested revisions to the Glycoprin infomercial and advertising prior to broadcasting again.”

 

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

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.

Read the Decision Summary
Decision

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.

Read the Decision Summary
Decision

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.

Read the Decision Summary
Decision

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.”     

Read the Decision Summary