ERSP Finds True Earth Health Products Can Support Certain Claims for ‘Plexaderm,’ Recommends Marketer Modify Certain Claims

New York, NY – Sept. 8, 2017 – The Electronic Retailing Self-Regulation Program (ERSP) has determined that True Earth Health Products can support certain claims for Plexaderm, but recommended the marketer modify or discontinue other claims.

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.

ERSP reviewed online and broadcast advertising claims for Plexaderm and identified several claims for review, including:

  • “Plexaderm uses silicates to lift wrinkles and tighten bags, creating a smoother, healthier, more youthful looking complexion.”
  • “Once you apply Plexaderm cream, the mix of skin tightening crystals and moisturizing agent absorb quickly onto the skin to help visibly smooth stubborn wrinkles and reduce under eye puffiness.”
  • “Plexaderm Rapid Reduction Cream smooths fine lines and firms skin, redefines facial contours, improves skin density, refines skin texture for face and neck lines and minimizes pores.”
  • “Plexaderm visibly reduces under eye puffiness, fine lines and wrinkles in minutes”
  • “50% Off Limited Time Offer”

During the initial stages of ERSP’s inquiry, the marketer informed ERSP that the testimonials at issue had been discontinued.

As support for the performance claims at issue, the marketer provided ERSP with clinical study and survey data.

Based upon the collective evidence in the test record, ERSP concluded that the marketer provided a reasonable basis for claims that “Plexaderm visibly reduces under eye puffiness, fine lines and wrinkles in minutes” and “Once you apply Plexaderm cream, the mix of skin tightening crystals and moisturizing agent absorb quickly onto the skin to help visibly smooth stubborn wrinkles and reduce under eye puffiness.”

However, ERSP recommended that the marketer modify the claim that “Plexaderm Rapid Reduction Cream smooths fine lines and firms skin, redefines facial contours, improves skin density, refines skin texture for face and neck lines and minimizes pores” to limit its performance efficacy claims to the specific benefits that were supported by its clinical testing; more specifically, the reduction of fine lines and wrinkles and minimization of pores around the eyes.

ERSP determined that the marketer’s online establishment claims (i.e., “95% of the group agreed that the wrinkles around their eyes looked less noticeable;” “95% of the group agreed that the bags and puffiness under their eyes looked less noticeable;” “92.5% of the group agreed that the dark circles around and under their eyes looked less noticeable;” etc.) were supported by reliable survey data that was accurately presented for consumers in the advertising. Conversely, with respect to the one television advertisement that discussed the results of the test questionnaire, ERSP was not similarly persuaded that data was accurately presented to consumers. ERSP recommended that the marketer modify its presentation of the clinical test results and the survey responses in its broadcast advertising.

Finally, ERSP concluded that the “limited time offer” was available for essentially ten consecutive months and therefore was not a “limited time” price reduction. Accordingly, ERSP recommended that the marketer discontinue its use of presenting the price point of Plexaderm as a “50% Off Limited Time Offer.”

The company, in its marketer’s statement, said, “…we will take ERSP’s recommendations into account when developing future advertising. As an advocate of self-regulation, we support ERSP and appreciate its thoughtful and diligent review of this matter.”