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ERSP refers Natures Flava to FTC, FDA regarding diabetes supplement advertising

BY Michael Johnsen

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.

 

 

 

 

 

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ERSP advises Progenum International to modify advertising on weight-loss patch

BY Michael Johnsen

NEW YORK — The Electronic Retailing Self-Regulation Program on Tuesday recommended Progenum International modify or discontinue certain claims for Zvelt, its weight-loss patch.

ERSP reviewed broadcast and online advertising for Zvelt and identified several claims for review, including: “Just apply and say goodbye to those stubborn pounds;” “Just stick the patch on and watch the pounds roll off;” and “Zvelt’s unique formula of clinically proven ingredients are absorbed slowly through the skin to stimulate your body’s natural fat burning capabilities.”

During the course of the inquiry, the marketer informed ERSP that it had voluntarily discontinued its broadcast advertising, which contained several of the claims at issue in the inquiry.

After reviewing the evidence submitted by the marketer, ERSP determined that the consumer testimonials that appear on the product website are atypical and are not supported. ERSP recommended that testimonial claims of specific weight loss include a clear and conspicuous disclosure that the weight loss was obtained in conjunction with diet and exercise.

ERSP also found that the claim “No Crazy Diets,” in the context in which it is presented, may be reasonably interpreted by consumers as meaning they can lose significant weight without the assistance of a calorie-restricted diet. ERSP concluded that this message was not accurate.

The company, in its marketer’s statement, said “Progenum appreciates all of the interaction ERSP has afforded us during this process. Their input has been extremely helpful, and in fact, has provided the basis for the new scripting we are currently developing.”

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 the attention of ERSP pursuant to its ongoing monitoring program.

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Former GSK executive George Quesnelle given Ivan D. Combe Lifetime Achievement Award

BY Michael Johnsen

AMELIA ISLAND, Fla. — The Consumer Healthcare Products Association on Tuesday awarded the Ivan D. Combe Lifetime Achievement Award to George Quesnelle, former president, North America, Consumer Healthcare, GlaxoSmithKline, during the association’s Annual Executive Conference. 

While at GSK, Quesnelle was responsible for one of the greatest series of prescription to over-the-counter switches in the OTC medicine industry — Tagament HB, Nicorette and NicoDerm CQ — all within an 18-month window. The switches of Nicorette and NicoDerm CQ in particular were breakthroughs showing the tremendous impact that a nonprescription medicine can have on U.S. public health and also the significant value of combining product plus program — a cassette tape and training for group leaders of committee quitters in the initial switch.

Jim Mackey, George and Judy Quesnelle, Scott Melville

“George was a pioneer in the field of switch,” CHPA president and CEO Scott Melville said. “His work on groundbreaking Rx-to-OTC switches helped enable hundreds of thousands of people to take control of their health and, ultimately, their well-being. In the industry, George’s peers have long admired his confidence, conviction and unshakeable integrity. All who have had the privilege to work with him know he lives by the mantra of ‘doing well by doing good.’”  

The Ivan D. Combe Lifetime Achievement Award is the industry’s highest honor. This award is bestowed upon an individual whose actions have created a positive impact upon and/or benefit to the consumer healthcare industry and as a result, has directly improved self-care for U.S. consumers. The award was established in honor of Ivan D. Combe who was active in CHPA activities and served on the association’s board of directors from 1958 until January 2000. This award is presented annually to an individual based on the following criteria: experience, leadership qualities, outstanding service to the consumer healthcare industry/community and professional excellence.

Since retiring from GSK, George has served as an industry consultant through Pinney Associates.

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