NARB Upholds Advertising Claims for Crepe Erase Anti-Aging Body Care Treatment System

New York, NY – December 17, 2019 – A 5-person panel of the National Advertising Review Board (NARB) determined that Guthy-Renker LLC has supported certain express performance and ingredient claims, before-and-after photo comparisons, an expert opinion, and a celebrity endorsement for its Crepe Erase® Anti-Aging Body Care Treatment System.  The NARB panel also recommended that the advertiser make sure that all before-and-after photo comparisons illustrating the performance of Crepe Erase are accompanied by a clear and conspicuous disclosure indicating the duration of product use.

The advertising at issue had been reviewed as part of the National Advertising Division’s (“NAD”) routine monitoring program.  NAD is an investigative unit of the advertising industry’s system of self-regulation.  Following NAD’s decision, Guthy-Renker appealed to the NARB, the appellate unit of the advertising industry’s system of self-regulation.

With regard to the claim that “Crepe Erase is the leading anti-aging body care system clinically shown to reverse crepey-looking skin,” the NARB panel agreed with Guthy-Renker that in context the term “reverse” conveys the improvement, not elimination or near elimination – in the look of crepey skin, a message substantiated by the advertiser’s clinical study results.

Further, the NARB panel agreed with the advertiser that its before-and-after photo comparisons do not exaggerate the performance of Crepe Erase. The panel recommended, however, that the advertiser make sure that all before/after comparisons clearly and conspicuously disclose the length of time of use (e.g., “30-day results”), to provide consumers with relevant information to assess the significance of the comparisons being depicted.

The NARB panel also determined that quantified percentage claims based on clinical expert grading are supported: “After 4 weeks – 90% of users showed improvement in skin firmness on arms” and “After 8 weeks – 95% of users experienced a lifted appearance of skin.”

With regard to the claim that Crepe Erase can “transform your dry, crepey winter skin into softer, smoother, younger-looking skin all year round,” the NARB panel determined that this claim is supported based on the fact that Crepe Erase has been shown to work all year regardless of season.

The NARB panel concluded that, overall, the advertiser presented a record demonstrating that it possessed proper and reasonable support for its ingredient claims that Crepe Erase “contains 3 powerful phytonutrients – apple, dill and sage, clinically shown to combat weakened, crepey skin, revealing a smoother, tighter, more youthful-looking texture,”

The panel also sustained the advertiser’s appeal with respect to the expert opinion of Dr. Andrew Ordon, finding that Dr. Ordon’s opinion that Crepe Erase is “the only system that I recommend to my patients to reverse the signs of skin aging” is properly supported. 

Finally, with respect to the celebrity endorsement of Dorothy Hamill stating that, at the age of 61, having used Crepe Erase for two years, “I really don’t see any crepey skin,” the panel agreed with the advertiser that, in context, the statement only expresses Ms. Hamill’s personal satisfaction with the product, not that use of Crepe Erase will result in the elimination of crepey skin.

Guthy-Renker stated that it “is pleased to accept the NARB’s decision sustaining its appeal” and that it “will comply with the panel’s recommendation to make sure to label all before-and-after photos illustrating the performance of Crepe Erase with a clear and prominent disclosure indicating the length of time of product use (e.g., ‘after 30 days’).”

Note: A recommendation by NAD or NARB 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 and NARB not to endorse any company, product, or service. Decisions finding that advertising claims have been substantiated should not be construed as endorsements.


About BBB National Programs: BBB National Programs (BBB NP) 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. The programs were formerly administered by the Council of Better Business Bureaus. BBB NP is the home of industry self-regulatory and dispute resolution programs that include the National Advertising Division (NAD), National Advertising Review Board (NARB), BBB EU Privacy Shield, BBB AUTO LINE, Children’s Advertising Review Unit (CARU), Children’s Food and Beverage Advertising Initiative (CFBAI), Children’s Confection Advertising Initiative (CCAI), Direct Selling Self-Regulatory Council (DSSRC), Digital Advertising Accountability Program (Accountability Program), and the Coalition for Better Advertising Dispute Resolution Program (CBA DRM). The programs are 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.

 

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

NAD Recommends Charter Discontinue or Modify Spectrum Internet “Fastest Speeds in More Neighborhoods than Any Other Provider” Claim

New York, NY – October 10, 2024 – The National Advertising Division recommended Charter discontinue or modify the claim that “Spectrum offers the fastest speeds in more neighborhoods than any other provider” to avoid conveying the unsupported message that Charter offers the fastest speeds and is available in...

Read the Case Decision
Decision

National Advertising Division Recommends Promotion in Motion Discontinue or Modify Certain Welch’s Fruit Snack Commercials

New York, NY – September 30, 2024 – The National Advertising Division recommended that PIM Brands discontinue certain television commercials for its Welch’s Fruit Snacks or modify the advertising to avoid conveying the message that competing fruit snacks are worthless.

Read the Decision
Decision

Following National Advertising Division Inquiry, Google Voluntarily Unlists Video Demonstrating Google Gemini Capabilities

New York, NY – September 12, 2024 – Google voluntarily unlisted a video demonstrating the capabilities of Google Gemini, its large language model artificial intelligence (AI) offering introduced in December 2023.

Read the Decision Summary
Decision

National Advertising Division Recommends Gruma Modify Sugar and Net Carbohydrate Label Claims

New York, NY – September 11, 2024 – In a challenge brought by competitor Olé, the National Advertising Division found certain “zero sugar” and “0G sugar” claims supported and recommended that Gruma Corporation, in connection with its tortilla product offerings, modify or discontinue other claims. 

Read the Decision Summary