Ad Watchers: What Should You Consider Before Making Cosmetics Claims?

Show Notes

Ad Watchers episode three of season two provides insights into what advertisers should consider before making cosmetic claims. Eric Unis, Senior Attorney at the National Advertising Division (NAD), is joined by colleague Annie Ugurlayan, NAD’s Assistant Director, to walk listeners through the various cosmetic claims they encounter at NAD. Both experts provide an in-depth summary of what defines sufficient evidence and highlight emerging issues presented to the advertising self-regulatory program. 

Annie begins with an overview of the advertising industry and the history of ad claims. She brings to light that the global cosmetic industry is an estimated $500 billion enterprise. Annie also underscores that in the early 2000s, an influx of claims directly correlated with increased cosmetics claims that compared products to cosmetics producers. Most claims offer improvements that combat the effects of aging and can also be quantified, such as fewer lines and wrinkles, firmer skins, and improved hydration. Many of these claims utilize before and after photos to depict their sworn results. Annie warns that photos may suggest a message that goes beyond what is shown in the image; therefore, objective forms of proof are required. 

Eric posed a vital question for Annie to clarify. When specific results are promised, what type of evidence should advertisers rely on to support their claim? Annie advises listeners to keep one thing in mind. NAD always begins with the claim, first determining if a claim is objectively or subjectively provable. For promised results to be considered objective, claims need to be measurable and verified by actual tests, like a Corneometer® test which measures skin hydration. The preference is to conduct a clinical test that demonstrates benefits are achievable. 

One specification that advertisers should not trust is supplier data. A certificate from a supplier guaranteeing an ingredient is not sufficient proof. Annie shares an example, “A couple of years ago; we had a case at NAD related to CBD. The advertiser relied on their oil supplier’s information about the amount of CBD in the product. However, they didn’t test the finished product to determine if the amount of CBD was actually in the product. “And that touched on efficacy claims being made as well.” Avoid relying on supplier data and always test the full and final formula.  

It is also essential to know the audience to whom the ad is directed. NAD dealt with a case for a moisturizing was that portrayed an African American woman in the advertisement. When the testing was reviewed, it was revealed that the manufacturer did not test women of all skin tones. There were six categories of skin tones, and only four of the lightest skin tones were tested. A test should include a representative sample of targeted consumers.