ERSP recommended that the marketer modify the claim that "A clinical trial on healthy adults suggested that people taking Alomune were 57% more likely to stay healthy on primary health measurements vs.
ERSP noted in its decision the omission of any reference on the marketer's website to the source of the specific studies which Lonza relied on for its claims.
The company, in its marketer's statement, said, "Lonza appreciates ERSP's detailed review and its conclusions that Alomune is supported by valid scientific testing and other evidence demonstrating the benefits of Alomune.
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 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 product's 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 ...").
Regarding claims pertaining to the "pharmaceutical quality" of Prevoxin, ERSP recommended that NWLI clearly present the related disclosure independently of the disclosure that qualifies weight loss results in order to prevent any ambiguity.
ERSP also recommended the marketer discontinue the testimonial in question, as the relevant disclosure did not adequately convey the results consumers can generally expect to achieve from use of the product.
was also concerned about statements that could be reasonably interpreted as unqualified superiority claims (e.g., "The most simple and cost effective ...
ERSP noted that there have been no clinical studies on the product and the evidence provided does not support claims that Nopalea will alleviate or eliminate specific health conditions.
"The fact that some of the consumer testimonials are made by people who receive commission on the sale of the product might materially affect the weight and credibility of the representation as interpreted by consumers and, as such, should be clearly and conspicuously disclosed in the advertising," ERSP stated.
Although the Company certainly disagrees with certain conclusions of ERSP, it has and will continue to cooperate with ERSP and make appropriate modifications to its advertising."