National Advertising Division Finds Certain Claims for Biossance Skincare Products Supported; Recommends Amyris Clean Beauty Modify or Discontinue Others

New York, NY – March 7, 2024 – BBB National Programs’ National Advertising Division determined, as part of its routine monitoring program, that Amyris Clean Beauty, Inc. provided a reasonable basis for the claims:

  • “Our 100% sugarcane derived squalane is ethically and sustainably sourced”; and
  • Squalane is “a hero ingredient in *every* Biossance formula? This miracle multitasker locks in weightless moisture, calms and protects, and improves elasticity.” 

 

However, the National Advertising Division (NAD) recommended that Amyris:

  • Modify the claim “Clean ingredients and clean formulas – we ban over 2000 ingredients that are known to be toxic to you and the environment” to reflect the banned ingredients that are typically used in cosmetics products;
  • Discontinue the claim “keeping 2 million sharks every year safe from liver harvesting” or modify it to avoid referring to a numerical figure; and
  • Discontinue the claim “All of our ingredients are also ethically and sustainably sourced.”

 

Under the Biossance brand, the synthetic biotechnology company Amyris creates and markets cosmetic products that feature sugarcane-derived squalane. Squalane has historically been derived from shark livers.

 

Clean Ingredients Claim

The claim “Clean ingredients and clean formulas – we ban over 2000 ingredients that are known to be toxic to you and the environment” appeared on the Biossance Sustainability webpage. While Amyris provided many sources for its banned ingredients as support for the challenged claim, the National Advertising Division (NAD) found that it is not clear whether the over 2,000 ingredients Amyris does not use in its products are associated with cosmetic products. Therefore, NAD recommended modifying the claim specifying banned ingredients typically used in cosmetic products.

 

Sustainability Claims

In support of its claim “keeping 2 million sharks every year safe from liver harvesting,” Amyris calculated the number of sharks saved based on 2012 data regarding an estimated number of sharks killed and an estimate as to the global demand for shark liver oil. However, the National Advertising Division (NAD) determined that absent more certainty as to the number of sharks killed and the amount of shark liver oil used by the cosmetics industry, there is no reliable figure as to the amount of sharks saved. Therefore, NAD recommended that the claim be discontinued or modified to avoid referring to a numerical figure. NAD noted that nothing in its decision prevents Amyris from making a more general claim that sharks are not harvested for squalane found in Biossance products.

NAD determined that Amyris provided a reasonable basis for the claim “Our 100% sugarcane derived squalane is ethically and sustainably sourced” based on a 2022 certification, which required adherence to various criteria and indicators relating to sustainable farming and milling.

Regarding the claim “All of our ingredients are also ethically and sustainably sourced,” NAD determined that while Amyris’ Supplier Code of Conduct might demonstrate its commitment to ensuring that ingredients are ethically and sustainably sourced, it does not demonstrate that all ingredients are, in fact, ethically and sustainably sourced. Therefore, NAD recommended that the claim be discontinued or modified to better fit the evidence in the record. 

 

Efficacy Claim

As support for its claim “Did you know our squalane is sugar-cane derived and it’s a hero ingredient in *every* Biossance formula? This miracle multitasker locks in weightless moisture, calms and protects, and improves elasticity” Amyris relied on three studies that assessed the impact of squalane, in the form and range of the amount found in the Biossance products, on these objectively measurable attributes.

After reviewing the evidence, the National Advertising Division (NAD) determined that the claim “[i]t’s a hero ingredient in *every* Biossance formula? This miracle multitasker locks in weightless moisture, calms and protects, and improves elasticity” is supported by a reasonable basis.

In its advertiser statement, Biossance stated that it “will comply with NAD’s recommendations” although it disagrees with certain aspects of the decision.

All BBB National Programs case decision summaries can be found in the case decision library. For the full text of NAD, NARB, and CARU decisions, subscribe to the online archive. Per NAD/NARB procedures, this release shall not be used for advertising or promotional purposes.

 

Subscribe to the Ad Law Insights or Privacy Initiatives newsletters for an exclusive monthly analysis and insider perspectives on the latest trends and case decisions in advertising law and data privacy.

 

 

 

 

Latest Decisions

Decision

National Advertising Division Recommends Dr. Luke Healthcare Discontinue Treatment Claims for its Fungal Nail Renewal Product

New York, NY – July 24, 2024 – The National Advertising Division recommended Dr. Luke Healthcare discontinue certain claims for Dr. Luke’s Fungal Nail Renewal product, including health-related claims, natural claims, and claims that a doctor recommends the product or that it treats a medical condition.

Read the Decision Summary
Decision

National Advertising Division Finds Flag Image on Kendamil Infant Formula Packaging Conveys Supported Message about Products’ Origin

New York, NY – July 17, 2024 – In a Fast-Track SWIFT challenge, the National Advertising Division determined that use of a flag image on product packaging for Kendal Nutricare’s Kendamil infant formula reasonably conveys a supported message about the products’ origin. 

Read the Decision Summary
Decision

In National Advertising Division Case, GuruNanda Voluntarily Discontinues Claims Made through Influencers for Coconut Pulling Oil Products

New York, NY – July 16, 2024 – The National Advertising Division has closed a Fast-Track SWIFT challenge regarding claims that GuruNanda’s coconut pulling oil products can “naturally reverse a cavity” and “reverse cavities.” 

Read the Decision Summary
Decision

National Advertising Division Refers Health-Related Advertising Claims for Prolacta’s Human Milk Fortifier to Regulatory Agencies

New York, NY – July 15, 2024 – The National Advertising Division will refer advertising claims made by Prolacta Bioscience for its Human Milk Fortifier to the Federal Trade Commission (FTC) and Food and Drug Administration (FDA) for review.

Read the Decision Summary