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Tuesday, March 18, 2014

ERSP Reviews Advertising for ‘Troxyphen,’ Recommends Marketer Modify or Discontinue Certain Claims

The Electronic Retailing Self-Regulation Program (ERSP) has recommended that truDERMA, LLC, discontinue certain claims for the company’s Troxyphen dietary supplement, including claims that the product is “safe and clinically researched.”

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 through an anonymous competitive challenge.

ERSP reviewed online advertising claims for Troxyphen, including:
  • "Troxyphen is safe & clinically researched”
  • “The patented test [sic] boosting blend was shown in clinical studies to: Raise testosterone levels 98.81% in 8 weeks.”
  • “Gains in Muscle Size & Strength”
  • Tribulus Terrestris - This extract increases the body’s natural testosterone levels and thereby improves male sexual performance and helps build muscle.”
  • “Burn excess fat | Improve sex drive | Gain muscle mass”
As support for the performance and establishment claims at issue, the marketer submitted testing on its key ingredient. After reviewing the evidence, ERSP concluded that truDERMA provided a reasonable basis for claims relating to an “increased sex drive.”

However, ERSP determined that the marketer did not provide adequate support for claims that Troxyphen will “burn excess fat” or that users will “gain muscle mass.” ERSP recommended that the marketer discontinue any claims of weight and/or fat loss, increased muscle, and improved BMI.

ERSP also recommended that the marketer discontinue claims that promise quantified performance results and modify general claims of increased testosterone by disclosing that the product must be used in conjunction with resistance training.

The marketer did not provide evidence indicating that the dosages of ingredients contained in Troxyphen will provide the results specifically stated in the advertising. As a result, ERSP recommended truDERMA discontinue several ingredient claims and the claim that “Troxyphen is safe & clinically researched.”

The company, in its marketer’s statement, said, “truDERMA appreciates ESRC's comments and direction on our advertising.  We are committed to helping people lead healthier, happier lives.  truDERMA will give serious consideration to ESRC's recommendations in our advertising practices."

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