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Consumers Choice EDITOR OPINION |
HINDSIGHT NUTRITIONALS
Evercleanse® Complete 3-Step Colon Cleansing Program
HindSight Nutritionals has discontinued the radio advertising which was nationally disseminated and contained a number of representations regarding weight loss. The Marketer indicated that theses radio ads will no longer be used as they pertain to the Evercleanse® Cleansing Products. Finally, the Marketer advised ERSP that it has removed all of the weight loss testimonials from its website, discontinued radio advertising for the Evercleanse® Cleansing Products and noted that, in future advertising for the Evercleanse® Cleansing Products, it will no longer be including weight loss testimonials but instead consumers will only discuss their experience with the Evercleanse® Cleansing Products as they pertain to detoxification.
BASIS OF INQUIRY
Direct response advertising for the Evercleanse® Complete 3-Step Colon
Cleansing Program (the “Evercleanse® Cleansing Products”), marketed by
HindSight Nutritionals, LLC (“HindSight Nutritionals” or the “Marketer”) came to the attention of the National Advertising Review Council’s Electronic Retailing Self-Regulation Program (ERSP) pursuant to its ongoing monitoring activities. Based on ERSP’s initial review of online and radio advertising for the Evercleanse® Cleansing Products, the following representative core claims were identified as having been communicated in the advertising regarding the general efficacy of the Evercleanse® Cleansing Products:
Performance Claims
“Men and women if you’ve got ten to thirty pounds to lose, please listen!”
“Lose the waste. Lose the weight.”
“With Evercleanse® though, I’ve lost weight and kept it off now for over three months.”
Establishment Claim
“Proven weight loss and detox formula that helps you lose waste, and get rid of the weight, that some say is trapped to the colon wall like spackle or paint.”
Consumer Testimonial Claim
“If you’re looking to get healthy and be healthy forever, try Evercleanse®!
Evercleanse® is the best product on the market.” [Eric Jackson, Evergreen CO]
Additionally, ERSP was concerned by the lack of typicality disclosures
accompanying the consumer testimonials.
MARKETER’S POSITION
The Evercleanse® Complete 3-Step Colon Cleansing Program is comprised of three components: (a) the Evercleanse® Cleansing Formula; (b) the
Evercleanse® Replenish Formula; and (c) the Evercleanse® Colon Health
Formula. During the pendency of the inquiry, HindSight Nutritionals advised ERSP that it was adding a new thermogenic product named Evercleanse® Slim to its product line. Moreover, it was explained that the Marketer has not yet made the Evercleanse® Slim product available for sale at this time and that the advertising campaign for the Evercleanse® Cleansing Products has been revised as follows:
1) Weight loss claims for the Evercleanse® Cleansing Products have been
replaced with detoxification claims and;
2) Advertising for Evercleanse® “Slim” will communicate claims of
beneficial weight loss based upon the product’s active ingredient, 7-Keto
DHEA.
As of the date of its final submission to ERSP with respect to this inquiry,
HindSight Nutritionals had not yet begun advertising for the “Slim” product.
During the interim, the Marketer did create a transitional website and ERSP has confirmed that HindSight Nutritionals has eliminated the weight loss claims and replaced them with detoxification claims.
Detoxification
The Marketer maintained that its core detoxification claims were supported by competent and reliable testing on the primary ingredients in the Evercleanse® Cleansing Products, including maltodextrin, lactobacillus acidophilus, lactobacillus rhamnosus, lactobacillus bulgaricus, bifidobacterium bifidum, bifidobacterium lactis, flax seed, fructooligosaccharides, vegetable cellulose, larch arabinogalactan and colostrum. The Marketer provided a compendium of scientific studies reporting the efficacy of the Evercleanse® ingredients with respect to its detoxification action. HindSight Nutritionals explained that the term detoxification covers several different physiological and biochemical processes that occur in the body. The main detoxification pathways occur in the liver and require several vitamins, amino acids and other compounds. The liver, via a two-phase process, converts toxins that are fat soluble and or less water-soluble into completely water soluble compounds, which can then be excreted via the kidneys (urine).
Furthermore, according to the Marketer, detoxification also occurs in the
intestinal tract. The liver concentrates some toxins into bile, which is made by the liver, stored in the gallbladder and is excreted into the small intestine to help with fat digestion. The liver, by putting toxins into the bile, helps rid the body of potential toxins when feces are excreted. The presence of the bile acids (which have the potential for promoting carcinogenisis) in the colon prior to excretion of fecal matter exposes the colon to toxins. Dietary fiber, specifically soluble fiber such as wheat dextrin, is fermented by gut bacteria into compounds such as short chain fatty acids (SCFAs) i.e., butyrate, which help increase the pH of the colon, promote differentiation of colon cells (cancer cells are undifferentiated cells with uncontrolled growth) and along with other functions helps to “detoxify” potential carcinogens and other toxins present in the colon when fecal matter is present. This waste must be excreted. Low fiber diets and constipation are risk factors for colon cancer because they contribute to the colon cells being exposed to potential carcinogens and other toxins for a longer period of time. Gut flora, by fermenting soluble fiber and producing compounds such as SCFAs, help
dilute these carcinogens and neutralize some of their negative effects. The
Evercleanse® Cleansing Formula contains 4 grams of resistant altodextrin, a
soluble fiber.
The Marketer indicated that the benefits of reducing toxins in the colon through ingestion of butyrate, a metabolite of gut flora-mediated fermentation of dietary fiber, has also been demonstrated in one study submitted to ERSP. The test administrators studied the effects of butyrate consumption on colon cells and observed that even relatively small quantities of butyrate were sufficient to moderate gene expression in human colon cells via inhibition of histone deacetylases or via genomic response elements without being toxic to primary colon cells. As a result the test, administrators hypothesize that butyrate could enhance expression of genes that reduce oxidative and metabolic stress and thereby enhance catalase and potentially other genes involved in the colon’s defense against oxidative stress while simultaneously decreasing inflammatory reactions that pose a risk for developing colon cancer. HindSight Nutritionals referred to several earlier studies which concluded that the consumption of butyrate may reduce the risk of developing colon cancer by suppressing the
proliferation of tumor cells and that the consumption of dietary fiber may assist in protecting the colon by elevating fecal volume and enhancing defecation, both of which reduce exposure of colonocytes to cancer risk factors.
For example, in one study submitted by HindSight Nutritionals, the treatment of a group of alcoholics with probiotics significantly increased numbers of both bifidobacteria and lactobacilli and resulted in restoring bowel flora and improved liver function. The study also concluded that probiotic therapy played a causal role in the improvement of liver enzymes.
ADMINISTRATIVELY CLOSED DECISION
Although the Evercleanse® Cleansing Products are marketed as a detoxification formula, the crux of ERSP’s monitoring inquiry pertained to the express weight loss messages being communicated by the advertising (e.g., “if you’ve got ten to thirty pounds to lose…”). However, as noted in the Marketer’s Position above, soon after the self-regulatory inquiry was commenced, HindSight Nutritionals advised ERSP that all of the claims at issue had been permanently discontinued with respect to the Evercleanse® Cleansing Products. Regarding the general detoxification efficacy of the Evercleanse® Cleansing Products, ERSP determined that the information provided by the Marketer on the ingredients contained in the Evercleanse® Cleansing Products such as indole-carbinol (healthy bacteria), colostrum (supports the immune system), flax seed (fiber) and soluble fiber (helps move waste from the body), was sufficient to support the fundamental performance claim that the Cleansing Products adequately expel waste that’s trapped in the large intestine leading to a cleaner digestive tract, the removal of bad bacteria and more regular bowel movements. In light of the fact that advertising for the Evercleanse® Cleansing Products is in
a transitional phase and all of the primary claims at issue are no longer being
disseminated as they pertain to the Evercleanse® Cleansing Products, ERSP
administratively closed the matter pursuant to section 2.2 C (ii)(d) of the ERSP Policy and Procedures.
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