ERSP Decision: The Snooze and Lose Diet Pill

POPULAR PRODUCTS, INC.

The Snooze and Lose Diet Pill™

Basis of Inquiry: Direct response advertising for the Snooze and Lose™ Diet Pill marketed by Popular Products, Inc., came to the attention of the Electronic Retailing Self-Regulation Program (“ERSP”) through its ongoing monitoring program. The online advertisement contained the headline “BURN FAT WHILE YOU SLEEP!” and included the following representative core weight-loss claims in the remainder of the advertisement:

·        “Burn Fat While You Sleep.”

·        “A revolutionary new weight loss pill, that makes you lose up to 3-7 pounds every week automatically while you sleep.”

·        “Lose Up to 30-LBS in 30-Days or Less - Automatically While You Sleep!”

·        “…up to 28 pounds a month guaranteed!”

·        “Simply take Snooze & Lose™ right before going to bed and watch your weight and inches disappear.”

·        "I Lost 71 pounds in 8weeks as a result of taking Snooze & Lose™, this is the easiest diet program ever invented! I just take the pills before going to bed, and watch my weight and inches disappear.”

·        “I've lost 52 pounds in just 7 weeks.”

·        “I've lost 18 pounds in less than 2 weeks!"

Establishment Claims

·        “Clinical tests show there is no question that Snooze & Lose™ really does work!”

·        “Clinical tests show that it works in 93% of the cases. Women and men lose up to 2 pounds per day.”

In response to ERSP’s inquiry, the marketer represented in writing that, after the date the self-regulatory case was commenced, “Both this product and its attendant advertising have been voluntarily withdrawn from the market,” and requested that the self-regulatory inquiry be administratively closed pursuant to Section 2.2 C (c)(ii)(d) of the Electronic Retailing Self- Regulation Program’s Policy and Procedures.

Administrative Determination: According to Section 2.2 C (c)(ii)(d) of the ERSP Policy and Procedures “if … during the course of an advertising review proceeding, ERSP determines that the advertising claims that are the subject of the inquiry have been permanently withdrawn from use prior to the date of the inquiry and ERSP receives the marketer’s assurance, in writing, that the representation(s) at issue will not be used by the marketer in any future electronic national direct response advertising for the product or service,” [ERSP] shall administratively close the case file.”  

Accordingly, because the marketer has represented to ERSP that the Snooze and Lose™ diet pill is no longer on market and all concurrent advertising for the product was withdrawn from the market before commencement of the ERSP  monitoring inquiry, the matter was administratively closed  pursuant to Section 2.2 C (c)(ii)(d) of the ERSP Policy and Procedures.

Copyright 2005. Council of Better Business Bureaus, Inc.