Suarez Participates In ERSP Forum

New York, NY – March 27, 2006 – The Electronic Retailing Se lf-Regulation Program (ERSP) announced that Suarez Corporation Industries (“Suarez”), marketers of the EdenPURE Air Purifier (“EdenPURE”), has voluntarily discontinued the advertising at issue in a recent ERSP review.  ERSP cautioned Suarez that claims similar to the performance and comparative claims identified through the ERSP review require modification in future advertising.  The marketer’s advertising came to ERSP’s attention through ERSP’s ongoing monitoring program.

ERSP, the electronic direct-response industry’s self-regulatory forum supervised by the National Advertising Review Council (NARC), reviewed core claims that include:

  • “..destroys all of the types of pollution.”
  • “…not only eliminates pollution from the air, but also eliminates pollution embedded in walls, ceilings, floors, carpets, furniture, clothing, and on countertops and other surfaces.”
  • “eliminates…fungus. Formaldehyde, fecal odors, perfumes, cologne, creosote from fireplaces, methylene chloride, phenols, PCB’s, humic acid, DIMP’s, Glycerols, kepones, methyl ethyl keytones, acetone from fingernail filings, styerene, nitro compounds, formic acid, benzonic, butanes, ethanes, pentanes, propanes, methanes, alcohols, cyanides, detergents, phosphates, and many more too numerous to mention.”
  • “Old style HEPA filters … do not remove the most harmful pollutants…”

Although the marketer represented that the advertising at issue had been discontinued, because the marketer reserved its right to continue to disseminate the claims at issue in future advertising, ERSP proceeded with its review pursuant to Section 2.2 (C) of The ERSP Policy and Procedures.

In its decision, ERSP noted that advertisers are required to have a reasonable basis for any claims made by their advertising. Further, the more specific the claim an advertiser or marketer communicates, the more specific the evidence that is needed to support the claim.

Following its review of the evidence, ERSP determined that the advertising at issue made express product-performance claims regarding the size of the particles the device removes from the air, the time period in which removal occurs and the surfaces from which it can remove particles, Although Suarez did submit testing on one of its two advertised EdenPURE model air filtration systems, it could not be ascertained that the resulting data properly supported the very specific product performance claimed. 

With respect to unqualified claims of product performance communicated by the advertisement, ERSP determined that although certain claims could be considered puffery, “other claims could be reasonably interpreted by consumers as statements that the performance of the EdenPURE is superior to that of the competitive air purification systems … .” The marketer did not present evidence of comparative performance

Suarez, in its response to ERSP’s findings, said it  “…appreciates the opportunity to present this statement. SCI has had the opportunity to review the final case decision and agrees to accept the recommendation in its entirety … while reserving the right to make certain claims in future advertising….”