Amazerx Participates In ERSP Forum

New York,NY– May 19, 2008 – The Electronic Retailing Self-Regulation Program (ERSP) has determined that AmazeRx, Ltd., can support the general efficacy claims it makes for the AmazeRx meal replacement product at the company’s Website. However, ERSP  recommended the marketer modify or discontinue claims made at a third-party Website and in broadcast advertising. The marketer’s advertising was brought to ERSP’s attention by  a consumer complaint.

ERSP, the electronic direct-response industry’s self-regulatory forum, is administered by  the Council of Better Business Bureaus (CBBB) with policy oversight by  the National Advertising Review Council (NARC).

Claims at issue in the ERSP  inquiry included:

  • •           “AmazeRx allows you to lose weight without having to exercise”
  • •           “With AmazeRx, you can lose up to a pound a day while drinking a fantastic meal.”
  • •           “Because it is in a liquid form, it is absorbed directly into the body, much quicker than pills”
  • ERSP  determined that the claims at issue were adequately qualified and supported at the marketer’s Website, www.amazerx.com.

However, ERSP  recommended that the marketer modify or discontinue certain advertising claims that appear on a third-party affiliate Website, www.offcialtvwebsite.com/amazerx, and in an infomercial for the product.

ERSP  determined that the third-party Website contains streaming video and several consumer testimonials that appear with select typicality disclosures. ERSP  found that the small “results may vary” disclosure that appear with the consumer testimonials are not conspicuous and are not included with consumer testimonials which appear later on in the video.

Further, advertising at the third-party site does not make it clear that AmazeRx is a meal replacement program, an omission that communicates an ambiguous message to consumers. ERSP  recommended the marketer clearly disclose that information.   In addition, the third-party site includes a prominent “Lose up to a pound a day” claim — a primary issue in this inquiry. The claim was accompanied by  the express statement that “best of all AmazeRx allows you to lose weight without having to exercise.” ERSP  determined that meaningful weight loss of “up to a pound a day” without exercise appears possible in only the most extraordinary circumstances and recommended that this claim be discontinued in the context  of the both the infomercial and at the third-party Website

ERSP, in its decision, notd that  while ERSP  understands “that AmazeRx does not own the  www.offcialtvwebsite.com/amazerx Website, it does license the product to the owner of the site … .”

ERSP  recommended that the marketer “exercise the necessary degree of due diligence to assure that the licensee markets the AmazeRx product truthfully and accurately.”

ERSP  found that the fact that AmazeRx is a meal replacement program  would be reasonably understood by  consumers viewing the infomercial.

The company,  in its marketer’s statement, said it would revise its “advertising to address [ERSP’s] concerns. AmazeRX will also communicate ERSP’s concerns to the owner” of the third-party Website.”