ERSP Refers NVE to FTC

NEW YORK—The Electronic Retailing Self-Regulation Program (ERSP) referred advertising by NVE Pharmaceuticals, marketer of the Appuloss Herbal Dietary Supplement, to FTC, after NVE did not respond to ESRP’s request for substantiation of advertising claims. 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 initial inquiry included:

• “Appuloss immediate release granules help burn fat on bellies, hips, thighs, and butts while busting energy.”
• “When combined with caffeine these two powerhouse ingredients (Epichasine™ and EGGG) have been reported to enhance fat oxidation, stimulate thermogenisis, influence body weight and body composition via changes in EE(24-hour energy expenditure)”
•  “Appuloss Diet is a unique proprietary complex of the most pivotal thermogenic agents internationally studied.”

At the outset of ERSP’s inquiry, a representative of NVE was granted a short extension to allow for submission of a substantial written response to the claims at issue; none was received. Following a second attempt by ERSP to contact the marketer, and subsequent failure by the marketer to submit a substantial written response within an additional 10 day period, ERSP referred its inquiry to FTC pursuant to section 2.6(B) of the ERSP Policy and Procedures.