The Electronic Retailing Self-Regulation Program (ERSP) has referred direct response advertising for the dietary supplement “Kelacore” to the Federal Trade Commission (FTC) and the Food and Drug Administration (FDA) after the marketer, Nature’s Medicine Associates, failed to respond to an ERSP inquiry.
 
ERSP is an investigative unit of the advertising industry’s system of self-regulation that is administered by the Council of Better Business Bureaus, Inc. The marketer’s advertising came to ERSP’s attention as part of its ongoing monitoring program.
 
Claims at issue in the initial inquiry included:
 
·      “Clears deadly plaque from arteries without pills, needles, or surgery”
·      “To begin with, the results of more than 34,000 patient case studies here in the U.S. are impressive to say the least. Many patients taking Kelacore report a 50% reduction in artery plaque. Some users report an incredible 75% reduction.”
·       “’My femoral arteries were 70% blocked,’ says Jack Yates of Vashon, WA. ‘but Kelacore has pretty much cleaned them out now. It’s a relief to know I’m not such a high risk person for a heart attack or stroke anymore.’”
·       “Clinical studies show it improves blood flow in the arteries. Many patients see blood pressure and cholesterol levels return to normal. Some are able to cancel costly drugs. Others avoid open-heart surgery. And many more report less chest pains and numbness in the arms, legs, and feet.”
 
After failing to provide a substantive response to ERSP’s original inquiry within fifteen calendar days, the marketer was afforded a second ten-day period to submit a response. The marketer again did not submit a written response to the inquiry and pursuant to section 2.6 (B) of the ERSP Policy and Procedures, the matter was referred to the FTC and FDA.