Pure Acai Berry Pro subpoened about its advertising practices…

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Pure Acai Berry Pro Dietary Supplement

After commencement of the inquiry, Advanced Wellness Research, Inc. advised ERSP that it had received a subpoena from a governmental office requesting information about the advertising practices of the marketer, including advertising for the Pure Acai Berry Pro dietary supplement.  In light of the subpoena and the pending litigation and investigation concerning Advanced Wellness Research, Inc., the marketer requested that ERSP administratively close the matter pursuant to section 2.2(c) (ii)(b) of the Electronic Retailing Self-Regulation Program Policy & Procedures.

Direct response online advertising for the Pure Acai Berry Pro dietary
supplement marketed by Advanced Wellness Research, Inc. came to the
attention of the Electronic Retailing Self-Regulation Program (“ERSP”) through its self monitoring program. ERSP inquired about several representations regarding product performance that it believed were contained in the advertisement, including the following claims:

1. Performance Claims
“Flush pounds and pounds of waste and toxins from your body”
“Pure Acai Berry Pro can help you look better and feel better by flushing
your body of all that excess waste, that is weighing you down. Cleansing
your system will give you increased energy, help you fight fatigue, reduce
water retention, and help you get a firmer flatter midsection.”
“Highest antioxidants of any food”
“Breakup and remove harmful toxins”
“Helps eliminate unwanted weight”
“Fight fatigue & increase energy”
“Promotes healthier looking skin”
“Naturally Potent in antioxidants, Acai Berries antioxidant powers reduce
the risk of: heart disease; Alzheimer’s; Disease; Cancer; Premature Aging”
“Keeps weight off”
“Reduces bloating & constipation”
“Boost metabolism”
“Helps destroy cancer cells”
“Promotes younger looking skin”
“Improves digestive system “
“Promotes better sleep”
“Improves cholesterol levels”
“The acai berry has been known to help you lose weight fast and safely”
[streaming audio presentation]

2. Establishment Claims
“A University of Florida study published in the Journal of Agricultural and
Food Chemistry on Jan 12. 2006 found that Acai berries triggered a selfdestruct response in up to 86 percent of leukemia cells tested in vitro. In the current UF study, six different chemical extracts were made from ACAI
fruit pulp, and each extract was prepared in seven concentrations. Four of
the extracts, were shown to kill significant numbers of leukemia cells when
applied for 24 hours. Depending on the extract and concentration, anywhere from about 35 percent to 86 percent of the cells died.”
“According to a university of Florida study, even help destroy cancer cells”
[streaming audio presentation]

3. Celebrity Endorsement Claims
“Acai Berry rated #1 superfood by Rachel Ray”
“Gwyneth Paltrow and Courtney Love, dropped more than 50 lbs. Eva
and Tony Go Acai Berry all the way.”
ERSP also expressed concern with the potential implication of the establishment claim that the product may be a treatment for leukemia. Additionally, ERSP was concerned by the lack of disclaimers accompanying the consumer testimonials.

Pursuant to Section 2.2 C (c)(ii)(b) of the ERSP Policy and Procedures “if …
during the course of an advertising review proceeding, ERSP determines that the advertising complained of is the subject of pending litigation or an order by the court… shall administratively close the case file.” The marketer has provided ERSP with a copy of the written governmental request for information that it has received and it has been confirmed that the product and advertising at issue at issue in the investigation are the same as the product and advertising that were the subject of the ERSP inquiry. Accordingly, ERSP elected to administratively close this matter pursuant to the aforementioned section of the Electronic Retailing Self- Regulation Program’s Policy and Procedures.


About Advertising Industry Self-Regulation: The National Advertising Review Council (NARC) was formed bu Council of Better Business Bureaus, and others. Its purpose is to foster truth and accuracy in national advertising through voluntary self-regulation.

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