ERSP Recommends NutraVictory Modify, Discontinue Certain Claims for ‘Recovery24;’ Finds Marketer Can Support Some Claims

New York, NY – Jan. 3, 2017 – The Electronic Retailing Self-Regulation Program (ERSP) has determined that NutraVictory (NutraVictory) can support certain claims for the dietary supplement Recovery24, 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 Recovery24 and identified several claims for review, including:

  • “The principle behind Recovery24 is simple. Addiction takes a serious toll on the body and can deplete your body of the nutrients it needs to recover. The Recovery24 regimen with Vitamins A, C, B1, B6, and B12 along with other essential nutrients works to restore key bodily functions and optimal nutrient levels with A.M. and P.M. packs for morning and night.”
  • “Good nutrition is absolutely essential to addiction recovery in the mind and body.”
  • “Probiotics, B-vitamins, fish oil and other nutrients to support recovery 24/7.”
  • “Dietary supplement specifically designed to support nutritional health of people in recovery from alcohol and drug addiction.”

Recovery24 is a dietary supplement that purports to provide nutritional support during addiction recovery.

During the initial stages of ERSP’s inquiry, the marketer informed ERSP that several of the claims at issue would be discontinued. The marketer also voluntarily agreed to modify any reference to the product study, by referring to it as a “preliminary research study” and disclosing the limitations of the study.

ERSP determined that specific statements of fact, such as the formulation of Recovery24 by a board-certified clinical nutritionist and the intention to address the nutritional needs of people in recovery, were truthful and accurate statements of fact.

Based upon the evidence in the record, ERSP determined that the marketer did not have a reasonable basis for claims that Recovery24 will categorically confer any specific benefit to a person in recovery, such as rebuilding or restoring bodily functions or nutrient levels after alcohol or drug use. ERSP recommended that the marketer discontinue any claims in the advertising that may communicate to consumers that Recovery24 will help a person achieve or maintain addiction recovery.

ERSP also reviewed several health claims advertised to a general, healthy population not in recovery. ERSP determined NutraVictory could support the limited claim “helps support heart health” when marketing to the general population. ERSP recommended that the marketer modify claims such as “helps support overall bodily function, including probiotics and digestive enzymes to support digestive health,” “helps support sense of calm, relaxation, and restful sleep,” and “helps support daily energy needs and focus” based on the submitted studies.

During the course of the inquiry,  the marketer voluntarily agreed to remove many testimonials. ERSP reviewed the remaining testimonials and determined that some constituted puffery because they were overly vague or highly subjective and not capable of measurement. ERSP also determined that other testimonials were not puffery and recommended that they be discontinued because they reasonably conveyed the message that Recovery24 assisted in addiction recovery.

Finally, in regards to the auto-shipment program, ERSP recommended that the material terms be more clearly and conspicuously disclosed to the consumer and include information about how to cancel automatic shipments.

The company, in its marketer’s statement, said, “. . . We thank ERSP for its thoughtful and thorough review in this matter.  Our company is committed to creating truthful and nonmisleading messages about Recovery24 as part of our mission to provide nutritional support for people in recovery.  Although we disagree with some of ERSP’s interpretations of our claims and substantiation, we nonetheless will take ERSP’s recommendations into account in the future.”