ERSP Refers Advertising For K9 TheraLight to FTC for Review; Marketer Declines to Participate in ERSP Inquiry

The Electronic Retailing Self-Regulation Program (ERSP) has referred direct response advertising for K9 TheraLight to the Federal Trade Commission (FTC) after the marketer declined to participate in the 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 ERSP’s ongoing monitoring program.

Claims at issue in the initial inquiry included:

• "The infrared and near infrared light penetrates the tissue and increases the energy needed to accelerate healing of damaged cells, reduce inflammation and help your dog feel better"
• "Near infrared light helps heal surface wounds & injuries"
• "Apply the proven science of light therapy to help heal your dog’s aches, pains & injuries!"
• "At the vet, a similar treatment costs as much as $300. Order now and get the K9 TheraLight for only $24.95."

After the marketer failed to provide a substantive response to ERSP’s original inquiry within fifteen calendar days, the company was afforded a second ten-day period in which to submit a substantive response. Upon the marketer’s failure to respond, ERSP referred the matter to the FTC for further review.