ERSP Reviews Advertising for “KollaJell” Dietary Supplement And Recommends Marketer Modify, Discontinue Certain Claims

New York, NY – Nov. 27, 2018– The Electronic Retailing Self-Regulation Program (ERSP) has recommended Certified Nutraceuticals Inc., modify or discontinue claims made in online advertising for its KollaJell dietary supplement.

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 challenge.

KollaJell is a dietary supplement composed of jellyfish collagen hydolysate which purports to have a variety of health benefits. ERSP reviewed online advertising claims for KollaJell and identified several claims for review, including:

  • “Helps To Improve Memory And Brain Function”
  • “Helps To Fight The Decline Of Calcium Binding Proteins”
  • “Reverses Photo Aging & Restores Skin Health”
  • “Anti-fatigue & Anti-cell Oxidation”
  • “Helps To Stimulate The Immune System & Neurological Activity”
  • “[T]his is the longevity breakthrough supplement of the century”
  • “Certified Nutraceuticals is proud to introduce this new invention of invertebrate collagen. Edible Jellyfish are a remarkable source of calcium binding proteins. KollaJell™ is the creation of many years of research and development under the management of the original inventor of Hydrolyzed Collagen.”
  • “Supported by research in vivo and clinical studies, Hydrolyzed Jellyfish Collagen showed positive results for amazing health benefits including brain function in age related neurological issues.”

ERSP noted that the marketer did not possess any product testing to substantiate the advertised claims, and ERSP recommended Certified Nutraceuticals Inc. discontinue any claims that imply KollaJell has been studied.

More specifically, Certified Nutraceuticals Inc. did submit several ingredient and animal studies. ERSP determined that these studies did not support the performance or establishment claims in the advertisement.  In its decision, ERSP noted that animal studies often have limited or unknown value in predicting the effect of the substance on humans; ERSP also questioned the relevancy of ingredient studies that did not specify the dosage administered to participants to KollaJell’s specific ingredients and formula. Based upon the information provided ERSP recommended that the marketer discontinue claims that imply that KollaJell or its ingredients will have the claimed health benefits including neurological benefits, photo-aging and skin damage, immunity, cell health and longevity.

Furthermore, ERSP reminded the marketer that unsupported claims cannot be cured by a disclosure which has information that is material to a consumer’s understanding of the claim or contradictory to the advertised claim.

ERSP also determined that the marketer could make certain claims in a limited context if the statements are truthful and nonmisleading. For example, the marketer could make truthful statements about the inventor of the product, or state that it contains calcium-binding proteins if the product contains these proteins.

The company, in its marketer’s statement, said, “We appreciate ERSP’s recommendations and analysis. Certified Nutraceuticals understands that the KollaJell brand has not been clinically tested on humans yet. We are currently in the process of screening companies to perform human studies… Again, we appreciate your recommendations and are reviewing and modifying any current marketing material.”