ERSP Reviews Advertising for ‘Testoril,’ Marketer Voluntarily Discontinues Claims

New York, NY – Dec. 4, 2013 – The Electronic Retailing Self-Regulation Program (ERSP) has determined that Premium Nutraceuticals, LLC can support certain claims for Testoril, a dietary supplement intended to increase testosterone levels.

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 an anonymous competitive challenge.

During the course of ERSP’s review of online advertising for the product, the marketer informed ERSP that it had voluntarily discontinued a number of the claims at issue, including:

  • “Increase your physical stamina, Diminish Wrinkles & Ankle spots, Speed up your Metabolism, Restore your Hair Condition & Color, Firm & Smooth your skin, Decrease your Body Fat, Increase your Lean Muscle Mass”
  • “Increase testosterone production by 75%”
  • “Testoril™ is an all-natural daily supplement, formulated with a series of premium herbals, amino acids and nutrients that have been individually shown to kick-start your hormone production.”

However, the marketer indicated it will continue to use the following claims:

  •  “A DAILY SUPPLEMENT OF TESTORIL CAN HELP BOOST YOUR TESTOSTERONE NATURALLY”
  •  “Perhaps best of all, Testoril is available without a prescription”

Following its review of the evidence in the record, ERSP recommended that if the advertiser uses the core claim that Testoril can boost testosterone, it do in the qualified context of using Testoril in conjunction with a resistance training regimen.

ERSP noted in its decision that it has no objection to Premium Nutraceuticals making a core claim that Testoril is available without a prescription, so long as it does not communicate the claim in a comparative context with competitive prescription drug products.

The company, in its marketer’s statement, said “We are committed to continually educating ourselves on any new changes or guidelines created by the FTC, NARC, BBB, ASRC and ERSP. We strive to work with these organizations in an effort to self-regulate sales copy and ensure that the internet remains a safe place all consumers.”