National Advertising Division Recommends NuOrganic Cosmetics Discontinue Eyelash Serum Claims and Disclose Material Connections to Influencers
New York, NY – January 14, 2025 – As part of its routine monitoring process, BBB National Programs’ National Advertising Division recommended NuOrganic Cosmetics discontinue influencer videos containing unsupported express and implied claims for its eyelash serum, including “naturally grown long lashes,” and ensure material connections to affiliates are clearly and conspicuously disclosed.
The National Advertising Division (NAD) inquiry focused on TikTok and Instagram posts including videos featuring a teen influencer who describes herself as a brand ambassador for NuOrganic. NuOrganic informed NAD that it uses TikTok’s affiliate program where affiliates request samples and promote those products in their feed based on their own personal experiences.
NuOrganic has a financial relationship with the TikTok affiliates, based on TikTok’s Seller’s Terms of Service, and has an obligation to make payments to affiliates who receive products and post about their experiences, a material connection that requires a clear and conspicuous disclosure.
NAD recommended that NuOrganic ensure any affiliates with which it has a financial relationship include clear and conspicuous disclosures of the material connection to NuOrganic in posts about the product.
In addition, NAD determined NuOrganics did not support the express claims (“This is for the girls who want naturally long lashes”; “Naturally grown long lashes”; “This [lash] extensions alternative”) and implied claims (NuOrganic's Eyelash Serum is safe for young eyes; NuOrganic’s Eyelash Serum helps naturally grow eyelashes) found in Instagram and TikTok posts. NAD recommended that NuOrganic discontinue the videos containing the unsupported claims.
In its advertiser statement, NuOrganic stated it “will comply with NAD’s recommendations.”
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. This press release shall not be used for advertising or promotional purposes.
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
National Advertising Division Recommends NuOrganic Cosmetics Discontinue Eyelash Serum Claims and Disclose Material Connections to Influencers
New York, NY – January 14, 2025 – The National Advertising Division recommended NuOrganic Cosmetics discontinue influencer videos containing unsupported claims for its eyelash serum, including “naturally grown long lashes,” and ensure material connections to affiliates are clearly and conspicuously...
National Advertising Division Refers Home Chef to Federal Trade Commission
New York, NY – January 13, 2025 – Based on Relish Labs, LLC d/b/a Home Chef’s failure to address compliance concerns from a previous inquiry, BBB National Program’s National Advertising Division has referred Home Chef to the Federal Trade Commission (FTC) in accordance with its procedures.
National Advertising Division Refers “Made in USA” Claims by Larose Industries d/b/a Roseart and Cra-Z-Art to the Federal Trade Commission
New York, NY – January 10, 2025 – The National Advertising Division referred advertising claims by Larose Industries, operating under the names Roseart and Cra-Z-Art, that its products are “Made in USA” to the Federal Trade Commission (FTC) after Larose Industries failed to respond to the inquiry.
National Advertising Division Recommends T-Mobile Discontinue or Modify 20% Savings vs. ‘The Other Big Guys’ Claim; T-Mobile to Appeal
New York, NY – January 9, 2025 – The National Advertising Division recommended that T-Mobile discontinue or modify its advertising to avoid conveying the comparative claim that consumers can “save 20% every month vs. the other big guys” if they subscribe to T-Mobile in markets where Spectrum Mobile also...