ERSP Contends Product's Stem Cell Claim

NEW YORKEmergent Health Corp. should not claim its JDI MultiVitamin can increase adult stem cells," according to the Electronic Retailing Self-Regulation Program (ERSP), which conducted an inquiry after it received a complaint form an anonymous competitor. At the outset of ERSPs inquiry, Emergent Health asserted it had voluntarily modified or discontinued certain claims at issue, but ESRP still recommended the company modify or discontinue the use of some claims.

Following its review, ERSP determined that the evidence in the record did not support claims that the use of the product would increase the number of adult stem cells, thereby improving immune system support, decreasing inflammation or bettering mental acuity and mood. ERSP recommended Emergent Health discontinue claims that the product can increase the number stem cells and/or provide specific disease protection.

ERSP further noted that the advertiser did not provide ERSP with the results of testing on the JDI MultiVitamin formula, but instead relied on studies of the products ingredients.

ERSP also was concerned about statements that could be reasonably interpreted as unqualified superiority claims (e.g., The most simple and cost effective" and the most advanced"). Emergent Health informed ERSP that it modified these claims to appear in future advertising in a non-comparative context.

ERSP also challenged consumer testimonials, including: My grandmother has Alzheimer's, osteo, and heart problems. At her last doctor's visit he told her that her tests are better than they have been for over 20 years." from someone with the initials B.C. ERSP noted consumer endorsements themselves are not competent and reliable scientific evidence, and a marketer should possess reliable substantiationincluding, when appropriate, competent and reliable scientific evidence to support such in the same manner the marketer would be required to do if it had made the representation directly. In the absence of data supporting the results consumers can typically expect, ERSP recommended that the marketer refrain from using consumer testimonials to communicate atypical product performance.

Other claims at issue in ERSPs review included:

The company, in its marketers statement, said it agrees to accept ERSP's report as applicable and agrees to amend all statements in its advertising to meet the conclusion of the ERSP report. Likewise, the company is willing to complete the process and take ERSP's recommendations into consideration in its future advertising."

About a year ago, ERSP took issue with claims from another product with stem cell claims.

ERSP, the electronic direct-response industrys self-regulatory forum, is administered by the Council of Better Business Bureaus (CBBB) with policy oversight by the National Advertising Review Council (NARC). ERSP's inquiry was conducted under ERSP Policies and Procedures for the Electronic Retailing Self-Regulation Program.