ERSP Release: 1-800 PHARMACY, INC. PARTICIPATES IN ERSP FORUM
ERSP NEWS
For Immediate Release
Contact: Tessa Barrera
Phone: 212.705.0104
Email: tbarrera@narc.bbb.org
1-800 PHARMACY, INC. PARTICIPATES IN ERSP FORUM
Marketer Agrees to Modify Technological, Establishment and Comparative Claims
New York, NY – October 7, 2005 – The Electronic Retailing Self-Regulation Program (ERSP) announced that 1-800 Pharmacy, Inc. (1-800 Pharmacy), marketers of the OHT Peptide-3 Anti-Aging Formula, have a basis to make general technological claims, but have been asked to modify certain technological, establishment, and comparative claims made in their online advertising. The marketer's advertising was reviewed pursuant to an anonymous competitive challenge.
ERSP, the electronic direct-response industry’s self-regulatory forum supervised by the National Advertising Review Council (NARC), asked 1-800 Pharmacy to provide substantiation for core claims in the advertising for its OHT Peptide-3 Anti-Aging Formula, including:
“… repair[s] stretch marks”
Acetyl Hexypeptide-3 is “clinically proven” to smooth wrinkles by relaxing tense facial muscles.
“Experience OHT Peptide-3’s Safe, Botox®-like Effects”
ERSP does not object to the dissemination of general ingredient information regarding OHT Peptide-3 provided by 1-800 Pharmacy on its website, but concluded that the claims stating specific results needed modification. ERSP also determined that it would be reasonable for consumers to interpret performance claims, specifically the clinically proven claims, as meaning that the ingredients were tested at the same level or concentration as they are contained in the product which was not the case based on the marketer’s referenced studies. Finally, ERSP determined that the claim “Experience OHT Peptide-3’s Safe, Botox-like Effects” was presented in such a context (i.e. “Learn about …”) that did not rise to the level of an express comparison, however, ERSP recommended that the marketer modify the claim stating that “OHT Peptide-3 surpasses the leader with the next generation ingredients.”
In response to the ERSP decision, 1-800 Pharmacy represented that it “…accepts ERSP’s analysis and has modified, and will continue to modify, the language of its site, packaging, and/or advertising as suggested.”
For a complete case report of the ERSP Decision, please contact Tessa Barrera at 212.705.0104.
For media inquiries, please contact Linda Bean at 212-705-0129.
ERSP was launched on August 1, 2004 with policy oversight provided by National Advertising Review Council (“NARC”) to look at the truth and accuracy of claims in direct response marketing. The direct response industry includes long form (infomercial) productions, short-form commercials, live home shopping channels, print advertising, Internet marketing and radio advertising. This self-regulatory forum inquires about the evidentiary support that a marketer possess for product claims being communicated in direct response advertising and are brought to ERSP’s attention through competitive challenges and ERSP’s own ongoing monitoring program.
ERSP’s inquiry was conducted under the NARC/ERA Policy and Procedures for The Electronic Retailing Self-Regulation Program. Details of the initial inquiry, ERSP’s decision, and the marketer’s response will be included on the NARC website.
The National Advertising Review Council (NARC) was formed in 1971 by the Association of National Advertisers, Inc. (ANA), the American Association of Advertising Agencies, Inc. (AAAA), the American Advertising Federation, Inc. (AAF), and the Council of Better Business Bureaus, Inc. (CBBB). Its purpose is to foster truth and accuracy in national advertising through voluntary self-regulation. NARC is the body that supervises and administers the policies and procedures for the Electronic Retailing Self-Regulation Program (ERSP).
NAD, CARU, and ERSP are the investigative arms of the advertising industry’s voluntary self-regulation program. Their casework results from competitive challenges from other advertisers, consumers and also from self-monitoring traditional and new media, including the Internet. The National Advertising Review Board (NARB), the appeals body, is a peer group from which ad-hoc panels are selected to adjudicate those cases that are not resolved at the NAD/CARU level. This unique, self-regulatory system is funded entirely by the business community.