NEW YORK — The Electronic Retailing Self-Regulation Program on Tuesday announced it will refer direct response advertising for Dinamo to the Federal Trade Commission and the Food and Drug Administration after the marketer, Natures Flava, failed to respond to an ERSP inquiry.
Claims at issue in the initial inquiry included: “Diabetes no more!”; “Dinamo helps lower blood sugar levels”; and “When I woke up in the morning prior to the Dinamo, my insulin levels were usually in the high 200s – 250, 260, 270. And since I started using the Dinamo, that number has gone to about the 160s, 170s, 180s.”
Pursuant to the ERSP Policies and Procedures, after failing to provide a substantive response to ERSP’s original inquiry within 15 calendar days, the marketer was afforded a second 10-day period in which to submit a substantive response. The marketer again did not submit a written response to the inquiry and pursuant to section 2.6 (B) of the ERSP Policies and Procedures, this matter has been referred to the FTC and FDA.
ERSP is an investigative unit of the advertising industry’s system of self-regulation and is administered by the Council of Better Business Bureaus. The marketer’s advertising came to ERSP’s attention pursuant to its ongoing monitoring program.