ERSP Refers Direct-Response Advertising for Vitalizer App to FTC After Advertiser Failed to Respond to Inquiry

New York, NY- March 20, 2018The Electronic Retailing Self-Regulation Program (ERSP) has has referred direct-response advertising for the Vitalizer App to the Federal Trade Commission (FTC) after the marketer failed to respond to an ERSP inquiry.

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.

ERSP requested the advertiser provide substantiation for core performance and establishment claims that included:

  • “The Vitalizer was specially developed to harmonize disorganized, aged or damaged morphic fields and frequencies. How would you like to drink better tasting hydrating water? Smoother tasting wine? Boost your energy from your coffee or tea? Improve your energy, flexibility and focus?”
  • “tests performed at Masaru Emoto’s laboratory in Japan show how the Vitalizer restructures crystals in water making it more hydrating and better absorbed”

The advertiser was provided two opportunities to provide a substantive response to ERSP’s inquiry. Following the company’s failure to respond, the claims at issue have been referred to the FTC for further review.