ASA Adjudication on Murad UK Ltd

Ad

A magazine ad for Murad's "Intensive Wrinkle Reducer" stated "Intensive Wrinkle Reducer contains Murad's new and exclusive anti-ageing GlycoNutrient Complex. In clinical tests conducted by independent laboratories, its key ingredients achieved these proven results in just four weeks: 45% improvement in skin smoothness, 44% increase in hydration, 33% reduction in the appearance of fine lines and wrinkles, with a 55% reduction in just 12 weeks. Amazingly, within just 10 minutes of using Murad Intensive Wrinkle Reducer, your skin will become firmer by 40%."

The ad showed two photographs of a woman's face, focussed around the eye area. The first, labelled "before" showed many visible lines around the model's eye. The second, labelled "after" showed fewer visible lines around the model's eye. Text underneath the photographs stated "individual results may vary".

Further text stated "FREE to Stella readers for 30 days. RRP £150"... try it free for 30 days when you order direct from this exclusive offer. All we ask is that you pay £5.95 for delivery and processing of your order. If you are anything less than 100% delighted with the results then return the product to us at any time within 30 days. You will only be charged the outstanding balance of £144.05 if you decide to keep the product after your 30-day free trial has expired."

Issue

A reader challenged whether:

1. the efficacy claims for the product could be substantiated;

2. the clinical tests referred to were independent;

3. the "before" and "after" photos were a genuine representation of the effects of the product.

The ASA challenged:

4.  the use of the term "free", because customers were charged for the processing of the order.

CAP Code (Edition 11)

Response

Murad UK Ltd (Murad) said their ad was created in the knowledge that evidence for their claims was held by the parent company Murad US. They obtained that evidence from the US at our request.

1 & 2. They sent a study conducted by a research laboratory in California, which they said was independent, to support the efficacy of the product.

3. They sent a permission for use of photographs and data release form signed by a member of the public.

4. They said the product was free to readers for 30 days. They said the £5.95 covered the expenses involved in the promotion, including call centre charges, the processing of orders by their own office staff and postage and packaging.

Assessment

1. Upheld

We noted the test results from the independent commercial laboratory provided by Murad were the results of a test for the efficacy of the product in skin firming. We noted the ad claimed "these proven results in just four weeks: 45% improvement in skin smoothness, 44% increase in hydration, 33% reduction in the appearance of fine lines and wrinkles, with a 55% reduction in just 12 weeks" and considered that those claims implied that use of the product would have a cumulative beneficial effect on skin smoothness, hydration and the appearance of wrinkles over time. Because the test data sent by Murad covered skin firming only and did not show tests conducted over a period of four or twelve weeks, we concluded that the claims were misleading. We also noted the ad stated "Amazingly, within just 10 minutes of using Murad Intensive Wrinkle Reducer, your skin will become firmer by 40%" whereas the test provided measured and showed a difference in skin elasticity of less than 40% for some subjects. We considered that the claim "your skin will become firmer by 40%" was not justified.   We concluded that the quantified claims for the efficacy of the product for skin smoothing, hydration, firming and reduction in the appearance of fine lines and wrinkles, were not supported by the test data and were therefore misleading. We also considered that, in the context of claims that implied a cumulative effect on the appearance of wrinkles over a period of 12 weeks, the claim "Treat/ Repair" shown on the product packaging implied the product could reduce wrinkles themselves. We told Murad to avoid this implication in future.  

On this point the ad breached CAP Code clauses 3.1 (Substantiation) 7.1 (Truthfulness) and 50.1 (Medical and scientific claims).

2. Not upheld

We acknowledged that the tests provided were conducted by an independent commercial laboratory registered with the US Food and Drug Administration.

On this point we investigated the ad under CAP Code clauses 3.1 (Substantiation) and 7.1 (Truthfulness) but did not find it in breach.

3. Upheld

We noted the permission for photographs and data release form sent by Murad and signed by a member of the public. However, we also noted this form was undated and did not include a contact address. We considered that the form provided did not prove the testimonials were genuine. We also considered that the form did not constitute evidence that the photos were a genuine representation of the effects of the product. We noted that the second photograph was captioned "AFTER 4 WEEKS USE". Because the test data provided did not show that the product had a cumulative effect, we concluded the photographs could mislead.

On this point the ad breached CAP Code causes 3.1 (Substantiation) 7.1 (Truthfulness) 14.1 and 14.3 (Testimonials) and 50.1 (Medical and scientific claims).

4. Upheld

We reminded Murad that marketers should not refer to offers as "free" if they charged for packaging, handling or administration. Because Murad told us the £5.95 included costs for the processing of orders by their own office staff and costs for packaging, we concluded that the claim "free for 30 days" was misleading.  

On this point the ad breached CAP Code clauses 3.1 (Substantiation) 7.1 (Truthfulness) and 32.1 (Free offers).

Action

The ad should not appear again.

We told Murad UK to ensure they held robust evidence in the UK for their advertising claims and to consult the CAP Copy Advice team before advertising again.

Adjudication of the ASA Council (Non-broadcast)