Value Marketing, Inc. Participates In ERSP Self-Regulation 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 it has recommended that direct response marketer Value Marketing, Inc. discontinue general performance, comparative market, and establishment claims made in its online advertising for the nutritional supplement Metabo Speed XXX.  The truth and accuracy of the marketer’s claims came to the attention of ERSP from a consumer complaint.

In the inquiry regarding Metabo Speed XXX weight loss supplement, ERSP requested that the marketer provide substantiation for several core general performance, comparative, and establishment claims that were communicated in online advertising including:  “Drop up to 20lbs in 30 Days!”; “It is the first product ever to be powered by an ultra -potent blend of natural, clinically proven metabolic compounds that work synergistically to produce unprecedented fat-burning results-without containing ephedrine!” and “Metabo-Speed XXX was recently put to an in-house test in a head-to-head comparison clinical trial against two leading ephedrine-based thermogenic products and it significantly outperformed both!”

ERSP concluded that the marketer did not provide the evidence necessary to support the performance claims, comparative claims, or establishment claims made in the advertisement. A marketer must have a reasonable basis for objective claims before such claims are disseminated, and with the omission of such proof, ERSP recommends that all such statements be discontinued until Value Marketing, Inc. can provide a reasonable basis to support these claims. Further, in the event that the marketer produces such evidence in the future, ERSP would recommend that Value Marketing, Inc. highlight the fact that an ongoing diet and exercise regimen are necessary in order to obtain and maintain any meaningful weight loss.

In response to ERSP’s decision, Value Marketing, Inc. responded that its marketing graphics team

“…will be instituting the changes that [ERSP] suggested. …Thank you … for you input and patience.”

 

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