NAD Recommends Beauty Science Group Modify, Discontinue Challenged Claims for ‘Hair La Vie’ Following Challenge by Brock Beauty

New York, NY – March 8, 2017 – The National Advertising Division has recommended that Beauty Science Group, Inc., modify or discontinue challenged advertising claims for the company’s Hair La Vie dietary supplement.

The claims at issue appeared in print, internet and video advertising, as well as on product packaging, and were challenged by Brock Beauty, Inc., a maker of competing dietary supplements.

NAD is an investigative unit of the advertising industry system of self-regulation. It is administered by the Council of Better Business Bureaus.

In response to NAD’s initial inquiry, the advertiser advised NAD in writing that instead of submitting substantiating evidence, it had elected to permanently discontinue the following challenged claims:

  • All natural hair repair formula
  • Repair and regrow hair
  • Once the follicle is repaired, hair begins to grow
  • Unbreakable hair stage
  • Hair La Vie products can reverse or cure baldness
  • In our latest consumer survey, 82% reported faster existing hair growth* (*Based on a consumer survey measuring customers’ opinions and subjective experiences with Hair La Vie).  

The advertiser also advised NAD that it would modify the following challenged claims:

  • “Made in the USA”
  • “Healthier. Longer. Fuller”
  • “Longer. Fuller. Faster”
  • “Created Hair La Vie because I never wanted another woman to have to go through the insecurity and heartbreak with hair loss, thinning and damage.”

NAD, relying on the advertiser’s representation that the claims have been permanently discontinued, did not review the claims on their merits. However, the voluntarily discontinued claims will be treated, for compliance purposes, as though NAD recommended their discontinuance and the advertiser agreed to comply.
Turning to the remaining challenged claims, NAD recommended that the advertiser modify the claim “The ingredients in Hair La Vie help promote existing hair growth” to state that the biotin in Hair La Vie helps promote existing hair growth.

NAD determined that a consumer-use survey offered as evidence was not sufficiently reliable to support the claim that Hair La Vie “promotes vibrant, beautiful hair.”

Based on the lack of supporting evidence, NAD recommended that the claim “Hair La Vie uses natural and safe ingredients.  This product contains no fillers, harsh chemicals or artificial flavoring/coloring” be discontinued. NAD noted that nothing in its decision prevents the advertiser from promoting the absence of certain chemicals and/or artificial flavoring/coloring in its product.

Finally, NAD recommended that the advertiser advise ConsumerSurvey.org, a third-party website that features product reviews, against making unsupported claims about Hair La Vie, including claims made through the use of testimonials, that the advertiser cannot substantiate. NAD also recommended that the advertiser clearly and conspicuously disclose its affiliate marketing relationship with ConsumerSurvey.org.

In its advertiser’s statement, the company said that while it believes its evidence meets the legal standard of competent and reliable scientific evidence, it agrees to comply with NAD’s recommendations.

Note: A recommendation by NAD to modify or discontinue a claim is not a finding of wrongdoing and an advertiser’s voluntary discontinuance or modification of claims should not be construed as an admission of impropriety. It is the policy of NAD not to endorse any company, product, or service. Decisions finding that advertising claims have been substantiated should not be construed as endorsements.

 

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 Revolve Group Modify Social Media Posts to Clearly Disclose Material Connection to Influencers

New York, NY – January 29, 2025 – The National Advertising Division recommended Revolve modify influencer posts to clearly and conspicuously disclose the material connections between Revolve and influencers in its product gifting program.

Read the Decision Summary
Decision

National Advertising Division Recommends Bullfrog Modify or Discontinue Certain Comparative Superiority Claims for its Bullfrog Spas

New York, NY – January 29, 2025 – The National Advertising Division recommended that Bullfrog discontinue certain claims promoting the personalization, power, energy efficiency, and durability of its Bullfrog spas as compared to “conventional” hot tubs. 

Read the Decision Summary
Decision

Direct Selling Self-Regulatory Council Refers Ardyss Earnings and Product Performance Claims to the FTC and Nevada Attorney General’s Office

McLean, VA – January 28, 2025 – The Direct Selling Self-Regulatory Council (DSSRC) referred ArdyssLife to the Federal Trade Commission (FTC) and the Nevada Attorney General’s Office for possible enforcement action after Ardyss failed to confirm intent to comply with DSSRC recommendations to discontinue...

Read the Decision Summary
Decision

National Advertising Division Recommends Olly Discontinue or Modify Certain Claims for its Kids Chillax Product; Olly to Appeal

New York, NY – January 27, 2025 – BBB National Programs’ National Advertising Division recommended that Olly discontinue or modify certain claims concerning its Kids Chillax dietary supplement’s ability to support calm and relaxed moods in children, as well as claims for Olly’s previous formulation of its Kids...

Read the Decision Summary