Following National Advertising Division Challenge, Claims that Talyoni and Ecoco Cannabis Sativa Cosmetic and Wellness Products Contain CBD will be Discontinued
For Immediate Release
Contact: Laura Brett, Vice President, NAD, 212.705.0109 / lbrett@bbbnp.org
New York, NY – April 29, 2020 – The National Advertising Division (“NAD”) recommended that Talyoni Professional, LLC and its affiliate, Ecoco, Inc. (collectively “Talyoni”) discontinue express claims that Talyoni and Ecoco Cannabis Sativa cosmetic and wellness products contain CBD, as well as product performance claims based on the presence of CBD in the products. The claims were challenged by Zotos International, Inc., maker of Joico and other hair care products.
NAD is an investigative unit of the advertising industry’s system of self-regulation and is a division of the BBB National Programs’ self-regulatory and dispute resolution programs.
The following are representative of the challenged claims, which were made in online advertising and on product labels for Talyoni’s Cannabis Sativa hair, skin, and wellness products, and on the labels of Eco Natural and Eco Style hair products:
Express claims:
“The Talyoni Labs Cannabis Sativa Collection is a comprehensive approach to personal care featuring the time-honored therapeutic benefits of CBD Oil.”
“A lush, refreshing, CBD-infused shampoo that smooths hair and hydrates with shea butter, olive & flaxseed oils.”
“Deeply nourishes, repairs and strengthens with CBD, olive and flaxseed oils.”
Packaging claims:
Talyoni products contain 850MG per ounce of CBD.
Ecoco products contain 25 PPM of CBD.
During the course of the proceeding, the advertiser represented that it would modify its packaging to remove the quantitative amounts of CBD from the front of the packages but would continue to tout the presence of CBD in its products. However, the challenger contended that this modification was insufficient because the advertiser had not established that the products bearing the challenged claims contain CBD in any appreciable amount.
NAD noted that, as modified by the advertiser, the claims expressly state that the products at issue contain CBD. NAD determined that these claims not only convey that an appreciable amount of CBD can be found in the products, but also that the amount of CBD is sufficient to provide a meaningful consumer benefit.
After reviewing the body of evidence provided by the advertiser, NAD concluded that it is inadequate substantiation for the challenged express claims that Talyoni and Ecoco products contain CBD and recommended that such claims be discontinued. Having determined that the advertiser failed to demonstrate that its products contain CBD, NAD also determined that any product performance claims based on the presence of CBD in the products were also misleading. Therefore, NAD also recommended that the advertiser discontinue the claims, “The Talyoni Labs Cannabis Sativa Collection is a comprehensive approach to personal care featuring the time-honored therapeutic benefits of CBD Oil,” “A lush, refreshing, CBD-infused shampoo that smooths hair and hydrates with shea butter, olive & flaxseed oils,” and “Deeply nourishes, repairs and strengthens with CBD, olive and flaxseed oils.”
In its advertiser’s statement, although Talyoni disagreed with portions of NAD’s decision, it agreed to comply with NAD’s recommendations. Talyoni stated that it “is a strong supporter of NAD and the self-regulatory process and agrees to comply with NAD’s recommendations regarding advertising for the subject products.”
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About the National Advertising Division (NAD): A division of BBB National Programs, NAD provides independent self-regulation overseeing the truthfulness of national advertising across the U.S. in all media. Its decisions set consistent standards for truth and accuracy.
About BBB National Programs: BBB National Programs fosters trust, innovation, and competition in the marketplace through the development and delivery of cost-effective, third-party self-regulation, dispute resolution and other programs. BBB National Programs is the home of industry self-regulatory and dispute resolution programs designed to resolve business issues and advance shared objectives by responding to marketplace concerns to create a better customer experience. To learn more about industry self-regulation, please visit: BBBNP.org.
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