NX Care, Inc Participates In ERSP Forum

New York, NY – October 11, 2006 – The Electronic Retailing Self-Regulation Program (ERSP) has recommended  NxCare,  Inc., marketer  of  NV Dietary  Supplement  (“NV”),  modify certain performance  and testimonial  claims,  including  “rapid  weight  loss” claims,  and more carefully qualify its exclusivity claims. NxCare’s advertising was challenged by an anonymous competitor.

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:

  • “NV’s extraordinary formula is designed to help you rapidly lose weight to shape your figure, make your hair, skin and nails look stunning and provide the energy to be more dynamic than you’ve ever been.
  • “The World’s First Rapid Weight-Loss Formula with Beauty-Enhancing  Properties has arrived!”
  • “Beauty Complex: Look radiant. NV also includes special ingredients that help hair, skin and nails look their best. It’s like a complete body makeover from the inside.”
  • “I lost 35 pounds in 10 weeks. – Angeline”

Following  its  review  of  the  evidence,  ERSP  determined  that  the  marketer  relied  on  clinical studies  on  the  individual  ingredients.   While  ERSP  believes  these  studies  support  a  general weight  loss  claim,  ERSP  determined  that  the   “rapid  weight  loss”  claim  was  not  properly supported.

Although  ERSP  was  persuaded  that  there  was  no  evidence  presented  of  other  nutritional supplements  on the market  that combine weight loss with other ingredients  that would confer significant cosmetic benefits to women, ERSP concluded that the marketer’s unqualified characterization   of  the  product  as  a  “beauty  pill”  may  not  be  consistent  with  consumer expectations. Finally, ERSP determined that NxCare’s consumer testimonial was not adequately qualified.  However,  ERSP  noted  in  its  decision  that  it  is  encouraged   by  the  marketer’s commitment  to  re-examine  the  testimonial  in  a  way  that  would  be  consistent  with  FTC’s Endorsement Guidelines.

The company, in its marketer’s statement, said it appreciated  ERSP’s analysis of its advertising claims and the scientific substantiation relied for those claims.

The company noted that it is “committed to the self-regulatory process and therefore will consider ERSP’s comments in its future advertising.”