Trivita, Inc. Participates In ERSP Forum
New York, NY – September 7, 2005 – The Electronic Retailing Self-Regulation Program (“ERSP”) announced that Trivita, Inc. (“Trivita”), marketers of the Trivita Balanced Woman Supplement (“Balanced Woman”), has substantiated general product performance claims agreed to modify future safety, specific performance, and “clinically proven” claims. The marketer’s advertising was reviewed pursuant to an anonymous consumer challenge.
ERSP, the electronic direct-response industry’s self-regulatory forum supervised by the National Advertising Review Council (“NARC”), asked Trivita to provide substantiation for core claims in the advertising for Balanced Woman, including:
“Clinically proven to detoxify this estrogen overload.” “100% natural; safe; without side effects.”
“Nutritionally supports reduction of hormonal imbalance symptoms: hot flashes, mood swings, vaginal dryness, cramping, bloating, and fatigue.”
ERSP determined that, although Trivita conducted testing on its Balanced Woman supplement, the term “clinical testing” required a more rigorous standard than demonstrated by the testing and reference material supplied to ERSP. Trivita represented that it would be conducting further testing to support these claims in the future. ERSP acknowledged Trivita’s voluntary withdrawal of the claim “without side effects” but determined that further safety claims in the context of the advertising should be discontinued. ERSP recognized that Balanced Woman may help ease the symptoms of premenstrual syndrome and menopause but cautioned against listing detailed results related to specific symptoms, although it may discuss what types of symptoms are related to premenstrual syndrome and menopause. Finally, ERSP noted that Balanced Woman may assist with balancing certain hormones in menopausal women, but cautioned against stating
categorically that the supplement aided in maintaining this hormone balance or that it relie ved
“toxic” hormone levels.
In response to the ERSP decision, Trivita represented that it “…always advertises in good faith, and will continue to research and support its claims… Trivita appreciates the guidance and suggestions provided to it by ERSP, and will take ERSP’s guidance and suggestions into consideration in its future advertising.”
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