National Advertising Division Finds Certain Fenty Skin Melt AWF Cleanser Performance Claims Supported; Recommends Modifications to Disclosures

New York, NY – April 12, 2024 – BBB National Programs’ National Advertising Division determined, as part of its routine monitoring program, that Fenty Skin LLC provided a reasonable basis for the following claims for its Melt AWF Jelly Oil Makeup-Melting Cleanser:

  • “From longwear or waterproof makeup, sunscreen, dirt, oil + impurities melt that… AWF in one go.”
  • “This unique jelly texture gently delivers clean, nourished + conditioned skin without the stripping or drying.”
  • “In a study of 52 people after 1 use ‘100% agreed it gently cleanses skin leaving it clean and fresh, 96% agreed that it cleansed skin without stripping, 92% agreed it removes makeup.’”

 

The National Advertising Division (NAD) also concluded that product demonstrations featuring influencers were supported by the evidence and that the videos were accurate and not enhanced.

However, NAD recommended that Fenty Skin require its paid influencer, Crème Fatale, to modify a challenged Instagram post to include a clear and conspicuous material connection disclosure in the video demonstration itself, and that Fenty Skin’s re-post of this video to its own Instagram page should likewise have a modified disclosure.

 

Product Performance Claims

In support of its claims, Fenty Skin relied on the results of independent clinical testing and consumer use surveys, as well as evidence on the mechanism of action for oil and oil-soluble cleansing substances. NAD concluded that these results and evidence provided a reasonable basis for Fenty Skin’s claims.

NAD also inquired about product demonstrations by influencers Sarah Novio and Crème Fatale using Fenty’s AWF Melt Cleanser on TikTok, re-posted by Fenty Skin to its Instagram page. NAD determined that Fenty Skin’s clinical and survey results substantiated the reasonably conveyed message that Melt AWF Cleanser can break down and remove waterproof eyeliner, waterproof mascara, and waterproof foundation in one application.

 

Endorsement Disclosures

During the proceeding, Crème Fatale’s Instagram page was updated to include both the “paid partnership” disclosure and #ad and #sponsored in the caption and Fenty Skin’s Instagram page was updated to include #AD in the caption. 

Although NAD found that Crème Fatale’s “paid partnership” disclosure tells viewers there is a material connection between Fenty Skin and Crème Fatale, NAD recommended that Fenty Skin require Crème Fatale to modify the challenged video demonstration post to include a clear and conspicuous material connection disclosure in the video itself. NAD further recommended that Fenty Skin’s re-post of this video to its own Instagram page should likewise have a modified disclosure. 

Fenty Skin advised NAD that it requested that Ms. Novio update the challenged TikTok and Instagram posts to include a clear disclosure that she received the product for free. Additionally, Fenty Skin removed the post from its own Instagram and will re-post only if the disclosure is corrected by Ms. Novio. NAD will treat the claim, for compliance purposes, as though NAD recommended it be modified.

During the proceeding, Fenty Skin advised NAD that it had permanently discontinued using “clean” on product packaging and online. Therefore, NAD did not review the claim on its merits. 

In its advertiser statement, Fenty Skin stated that it “will comply with NAD’s Decision” and that it “supports the self-regulatory process and appreciates NAD’s thoughtful review.” 

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

In National Advertising Division Fast-Track SWIFT Challenge Eagle Family Foods Voluntarily Discontinues “America’s Most Trusted” Claim

New York, NY – December 10, 2024 – In a BBB National Programs’ National Advertising Division challenge brought by Nestlé, Eagle Family Foods Group voluntarily discontinued its advertising claim that Borden brand evaporated and sweetened condensed milks are “America’s Most Trusted.”

Read the Decision Summary
Decision

National Advertising Division Recommends Beyond Air Discontinue or Modify Comparative Safety Claims for its iNO Products

New York, NY – December 9, 2024 – The National Advertising Division recommended that Beyond Air discontinue or modify the challenged comparative superiority safety claims for its iNO (inhaled nitric oxide) products.

Read the Decision Summary
Decision

National Advertising Division Recommends Teeth Whitening Claims for Oil Pulling Products be Discontinued; GuruNanda to Appeal

New York, NY – December 9, 2024 - The National Advertising Division recommended GuruNanda discontinue “natural teeth whitening” and “dazzle from first application” claims for its oil pulling and teeth whitening products. GuruNanda will appeal the "natural teeth whitening" claim decision.

Read the Decision Summary
Decision

NAD Finds Certain Claims for Mott’s Fruit Flavored Snacks Supported or Outside NAD’s Jurisdiction; Recommends General Mills Discontinue or Modify Other Claims

New York, NY – November 25, 2024 – The National Advertising Division recommended that General Mills discontinue or modify certain express and implied claims regarding the fruit and vegetable content of Mott’s Fruit Flavored Snacks and the nutritional benefits of those ingredients.

Read the Decision Summary