NAD Refers Advertising from VISS Beauty to FTC for Review

New York, New York – April 5,  2011– The National Advertising Division of the Council of Better Business Bureaus has referred advertising claims made by VISS Beauty Inc., to the Federal Trade Commission and Food and Drug Administration for further review, following the company’s refusal to participate in an NAD review.

 NAD, the advertising industry’s self-regulatory forum, requested substantiation for claims made in Internet advertising and other national media for the VISS Intense Pulsed Light Hair Removal Device. The claims, challenged by TRIA Beauty, Inc., included the following:

  •   “Permanent Hair Reduction.  The pulse of light emitted by VISS IPL is absorbed by pigment in the hair shaft beneath the skin surface; this disables the hair follicle activity, preventing the hair from growing back.”
  •  “Scientifically-proven permanent hair reduction.”
  • “VISS IPL has been shown effective for both men and women.
  •  “Intense Pulsed Light (IPL) devices, though technically not laser, emit light of all visible wavelengths (like a photo flash) while laser emits a single beam of light at a specific wavelength (like a laser pointer).  Although laser and light-based hair removal methods are commonly referred to collectively as ‘laser hair removal’, one of the advantages of IPL is that the different wavelengths penetrate the skin to different depths, therefore using IPL is like using a group of lasers in a single treatment.  Also, IPL treatment heads are up to 6 times larger than the small spot produced by laser devices and therefore treatments are much quicker.”
  • “Do your research, IPL is far better than laser – more effective, and safer on your skin.”      
  •  “VISS IPL has been developed in conjunction with leading dermatologists, and fulfils all the safety regulations for home-use devices.”

 The company acknowledged receipt of NAD’s inquiry, but declined to submit a substantive written response.

 Pursuant to NAD procedures, the advertising has been referred to the FTC and FDA for further review.

 

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 Blueprint Test Preparation Discontinue Certain MCAT Score Improvement Claims

New York, NY – April 22, 2024 – The National Advertising Division recommended Blueprint Test Preparation discontinue certain express and implied claims made in connection with its four MCAT preparation courses, including claims that Blueprint students raise their MCAT scores by 15 or 13 points on average.

Read the Decision Summary
Decision

National Advertising Division Recommends The Princeton Review Discontinue Point Increase Claims for MCAT Test Preparation Services

New York, NY – April 18, 2024 – In a Fast-Track SWIFT challenge, the National Advertising Division recommended that The Princeton Review (TPR) discontinue claims that its students “Score a 515+ on the MCAT or add 15 points depending on your starting score. Guaranteed or your money back.”

Read the Decision Summary
Decision

Direct Selling Self-Regulatory Council Recommends Trades of Hope Discontinue Salesforce Member Earnings Claims

McLean, VA – April 17, 2024 – The Direct Selling Self-Regulatory Council (DSSRC) recommended that Trades of Hope discontinue certain earnings claims made by salesforce members on Facebook and YouTube. 

Read the Decision Summary
Decision

National Advertising Division Recommends Lily of the Desert Nutraceuticals Discontinue “100% Pure Avocado Oil” Claim for Tropical Plantation Avocado Oil

New York, NY – April 15, 2024 – The National Advertising Division recommended that Lily of the Desert Nutraceuticals discontinue the claim “100% Pure Avocado Oil” for its Tropical Plantation Avocado Oil and avoid conveying the unsupported message that the product is 100% pure avocado...

Read the Decision Summary