Maximizer Health Labs Fails To Respond To ERSP Inquiry

New York, NY  July 6, 2006 – The Electronic Retailing Self-Regulation Program (ERSP), announced that Maximizer Health Labs, has failed to submit a substantive response to a monitoring and competitive inquiry regarding core claims made in a direct response advertisement for the sleep aid supplement Alteril.

The core claims identified by ERSP in the shortform Alteril commercial were categorized as follows:

  • a) general performance  claims (i.e., “Does not produce morning “hangovers”” and “Alteril helps you sleep safely and gently without a risk of addiction”);  
  • b) establishment claims (i.e., “Alteril’s primary ingredient is Valerian, an all natural substance that has been scientifically proven in the European community to induce a deep, recuperative sleep in both normal sleepers and insomniacs, without the usual side effects of prescription sleep aids.”);
  • c) superiority claims (i.e., “This is Europe’s most powerful non-prescription sleep aid formula” and “Can actually alter your sleep patterns.”);  
  • d) comparative claims (i.e., “And it’s non-habit forming and doesn’t carry the side-effects of prescription sleep aids.”); and e) safety claims (i.e. “Completely safe, non side effect, non habit forming formula for years for good sound sleep” and “Non habit forming, completely safe new sleeping pill”).

Following ERSP Policy and Procedures, Maximizer Health Products will be afforded an additional 10 days to submit substantiation for its core claims. If the marketer fails to provide substantiation for its claims, ERSP will refer the matter to the appropriate governmental agency.