In Reopened Proceeding, National Advertising Division Finds “#1 Dermatologist Recommended Skincare Brand” Claim for L’Oréal’s CeraVe Now Supported

New York, NY – October 19, 2022 – In a reopened case arising from the petition of a prior decision, the National Advertising Division (NAD) of BBB National Programs determined that L’Oréal USA, Inc. has now provided a reasonable basis for its claim that CeraVe is the “#1 dermatologist recommended skincare brand.” 

The claims at issue, which appeared in online advertising, social media, and on in-store materials for CeraVe skincare products, were challenged by Johnson & Johnson Consumer Inc. (JJCI), the maker of competing Neutrogena brand skin care products.

 

2021 Challenge

In a 2021 challenge brought by JJCI, NAD examined L’Oréal’s support for the claim that CeraVe is the “#1 dermatologist-recommended skincare brand.” NAD recommended that L’Oréal discontinue the claim based on its conclusion that the IQVIA ProVoice Dermatologist Survey relied on by L’Oréal as substantiation for its claim, was not reliable. Based on NAD’s recommendation, L’Oréal agreed to discontinue the claim.

 

Reopened Proceeding

In 2022, L’Oréal petitioned to reopen the decision pursuant to NAD/NARB Procedures. NAD granted the petition to re-open based on new evidence related to changes in the revised ProVoice Survey made by IQVIA to address concerns NAD had expressed in the 2021 challenge. During the reopened proceeding L’Oréal also provided new evidence from a NERA Survey that collected responses from 300 dermatologists regarding their actual recommendation practices. 

NAD noted that while the revised ProVoice Survey included significant improvements consistent with NAD’s recommendations in the 2021 decision, the improvements did not entirely eliminate the inherent imprecision of the survey. However, NAD noted that a survey need not be perfect to serve as a reasonable basis for an advertising claim and NAD determined that the revised ProVoice Survey was substantially more reliable than the original ProVoice Survey.

NAD further noted that the NERA Survey, reliably captured dermatologists’ actual recommendation practices and that the results indicated that CeraVe is the clear leader in average weekly dermatologist recommendations. NAD found that the results are consistent with the category-based revised ProVoice Survey (and the original ProVoice Survey).

For these reasons, NAD determined that the new evidence submitted by L’Oréal, consisting of the revised ProVoice Survey and the NERA Survey, taken together provided a reasonable basis for L’Oréal’s claim that CeraVe is the “#1 dermatologist recommended skincare brand.”

In its advertiser’s statement, L’Oréal stated that it “appreciates NAD’s recognition of the modifications made to the ProVoice dermatologist survey and its finding that reopening of Case #6921 was warranted based on those revisions.” The advertiser further stated that it is a “strong proponent of the self-regulatory process and thanks NAD for its careful review of the record in this proceeding.”

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.

 

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

Direct Selling Self-Regulatory Council Refers Olive Tree Earnings Claims to the FTC and California AG for Possible Enforcement Action

McLean, VA – December 20, 2024 – The Direct Selling Self-Regulatory Council (DSSRC) referred Olive Tree to the Federal Trade Commission (FTC) and California Attorney General's Office for possible enforcement action after Olive Tree failed to respond to a DSSRC inquiry into earnings claims.  

Read the Decision Summary
Decision

Children’s Advertising Review Unit Recommends JustPlay Discontinue or Modify Daisy the Yoga Goat Claims

New York, NY – December 19, 2024 - The Children’s Advertising Review Unit (CARU) launched an investigation into advertising for Just Play’s furReal Daisy the Yoga Goat seeking to determine if the toy’s product packaging and commercial advertisements comply with CARU’s Self-Regulatory Guidelines for Children’s Advertising.

Read the Decision Summary
Decision

In National Advertising Division Fast-Track SWIFT Challenge, Oral Essentials Voluntarily Modifies “Made in USA” Claims

New York, NY – December 19, 2024 – In a National Advertising Division challenge, Oral Essentials agreed to permanently modify its claim that certain Oral Essentials oral healthcare products are “Made in USA.” 

Read the Decision Summary
Decision

National Advertising Division Recommends Zuru Modify or Discontinue Certain Claims for its Rascals and Millie Moon Diapers

New York, NY – December 18, 2024 – The National Advertising Division recommended Zuru Edge Limited modify or discontinue certain claims for its Rascals and Millie Moon diaper products.

Read the Decision Summary