ERSP Finds Troy Can Support Certain Claims For Vepygen But Recommends Marketer Modify, Discontinue Certain Claims

New York, NY – Dec. 7,  2010 – The Electronic Retailing Self-Regulation Program (ERSP) has determined that Troy LLC provided adequate support for general performance claims for the Vepygen Anti-Stretch Mark Complex, but recommended the marketer modify or discontinue certain claims, including “Doctor Recommended” claims.

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).

The marketer’s advertising came to the attention of ERSP through ERSP’s routine monitoring efforts.

ERSP examined claims in broadcast, radio, and online advertising that included:

  • “Reduce the appearance of stretch marks”
  • “Permanent, Dramatic Visible Results Within Weeks!”
  • “100% Guaranteed Results”
  • “safe and effective for all skin types!”
    • “Clinically Proven 4X Stronger!”; “…clinically proven to be four times stronger and effective at preventing and reducing the appearance of stretch marks”
  • “Contains Regestril – A Clinically Proven Patented Complex From France That Can Reduce The Appearance Of Stretch marks!”
  • “Doctor Recommended”

 

Following its review of the evidence, which included both laboratory and human testing, ERSP determined that the marketer provided a reasonable basis for core general performance claims related to a reduction in the appearance of stretch marks.

However, ERSP determined that several other core performance claims – including the length of time required to achieve results, the permanency of results, and the efficacy and safety of the product on various skin types – were not supported by the evidence in the record.

ERSP further determined that the marketer’s “guarantee” claims – which relate to a money-back guarantee for customers who are not satisfied – were not properly supported in the context of the advertising at issue.

ERSP determined that the marketer’s clinical evidence on the product’s active ingredient provided a sufficient basis for the core claim that the product “Contains Regestril – A Clinically Proven Patented Complex From France That Can Reduce The Appearance Of Stretch marks!”  ERSP determined, however, that the marketer’s “4X stronger” claim was not supported and recommended the claim be discontinued.

 

ERSP recommended that the marketer discontinue a “Doctor Recommended” claim. Finally, ERSP found that the marketer’s evidence did not support claims included in consumer testimonials and determined that disclosure language used in conjunction with testimonials was insufficient to communicate to consumers that the results describe are atypical.

The company, in its marketer’s statement, said “we have decided to accept ERSP’s recommendations in its entirety and will make the minor recommended modifications to our advertising.”