The Electronic Retailing Self-Regulation Program (ERSP) has recommended that TriVita, Inc., Scottsdale, AZ, modify or discontinue certain claims made in direct-response advertising for Nopalea, a dietary supplement made from cactus fruit juice. ERSP, the electronic direct-response industry’s self-regulatory forum, is administered by the Council of Better Business Bureaus (CBBB) with policy oversight by the National Advertising Review Council (NARC). The marketer’s advertising came to the attention of ERSP pursuant to its ongoing monitoring program. ERSP reviewed broadcast and online advertising for Nopalea and reviewed core performance claims.

As support for performance and establishment claims, TriVita submitted several scientific studies on Nopalea’s main ingredient, Opuntia ficus indica (Nopal cactus). While ERSP did not dispute that the studies provided useful information about the primary ingredient in Nopalea, the evidence did not support express claims regarding specific health conditions. ERSP recommended the marketer modify or discontinue the performance claims at issue.

ERSP noted that there have been no clinical studies on the product and the evidence provided does not support claims that Nopalea will alleviate or eliminate specific health conditions. ERSP recommended the marketer discontinue testimonials describing specific health conditions. Further, ERSP recommended that TriVita add a clear and conspicuous disclosure describing the relationship between TriVita and its “members.”

“The fact that some of the consumer testimonials are made by people who receive commission on the sale of the product might materially affect the weight and credibility of the representation as interpreted by consumers and, as such, should be clearly and conspicuously disclosed in the advertising,” ERSP stated.

The company, in its marketer’s statement, noted that clinical trials of the product are underway. The company said it “…takes great care to truthfully and accurately advertise its products. Although the Company certainly disagrees with certain conclusions of ERSP, it has and will continue to cooperate with ERSP and make appropriate modifications to its advertising.”