ASA Adjudication on Estée Lauder Cosmetics Ltd

Ad

A press ad, for a skin product, stated "NEW! TRI-AKTILINE. Instant Deep Wrinkle Filler. Immediately: 68% of subjects reported a visible filling of wrinkles. After 4 weeks of continued use: 83% reported improvement in the appearance of lines. After 8 weeks of continued use: clinical studies measured a 45% visible reduction in wrinkle depth and length." Further text, underneath the image of a woman with lines around her eyes and mouth marked out, stated "Start to see your wrinkles disappear - INSTANTLY!".

Issue

The complainant challenged whether:

1. the claim "Start to see your wrinkles disappear INSTANTLY!" could be substantiated, and

2. the claims "Immediately: 68% of subjects reported a visible filling of wrinkles. After 4 weeks of continued use: 83% reported improvement in the appearance of lines. After 8 weeks of continued use: clinical studies measured a 45% visible reduction in wrinkle depth and length" could be substantiated.

CAP Code (Edition 11)

Response

1. Estée Lauder Cosmetics Ltd (Estée Lauder) said Tri-Aktiline was formulated with polymers that acted like a physical filler on skin, filling in the "cracks" or wrinkles on the skin surface and creating the appearance of more even-textured skin. They said they had conducted a clinical test assessing the effectiveness of Tri-Aktiline on 25 women with lines and wrinkles.  They said the effect of the product was assessed by means of photo imaging equipment.  They submitted a copy of the trial.

Estée Lauder said they also conducted a consumer evaluation study with 50 participants on the final Tri-Aktiline formula. They said 68% of participants reported that Tri-Aktiline was either extremely, very, or somewhat effective in immediately filling-in fine lines or wrinkles.  They did not submit a full copy of the consumer evaluation study.

2. Estée Lauder said the claim "68% of subjects reported a visible filling of wrinkles was based on the results of the consumer evaluation study on 50 women.  They said 68% of subjects responded to the question "How would you rate the effectiveness of [the product] for ... immediately filling-in fine lines/wrinkles" by reporting that Tri-Aktiline was extremely, very, or somewhat effective.  However, they did not submit the method or results of the evaluation study in full.  

They said the claim "After 4 weeks of continued use: 83% reported improvement in the appearance of lines" was supported by the consumer evaluation study. They said participants responded to the question "How would you describe the degree of improvement in the appearance of your fine lines and wrinkles after 4 weeks of use" and 82% reported a slight, moderate or dramatic improvement.  They acknowledged that the ad had claimed "83% reported improvement in the appearance of lines" but argued that that was an error unlikely to render the claim misleading.  

Estée Lauder said they also carried out a clinical test on 23 women to assess the effectiveness of Tri-Aktiline in reducing the appearance of lines and wrinkles after four and eight weeks of use. They said this supported the claim that consumers would see a significant improvement in their lines and wrinkles after four weeks as 83% of the subjects in the clinical study had a significant improvement in their wrinkles after four weeks, based on objective measurements.  They believed that the percentage of people demonstrating an improvement in wrinkle reduction mirrored the results of the consumer study and therefore proved the claims were true and consistent with consumer expectations. They said the data from the clinical study showed that after eight weeks of product use, Tri-Aktiline reduced the appearance of lines and wrinkles by an average of 45%.

Assessment

1. Upheld

The ASA took expert advice on the clinical evidence submitted in support of the claim.  We understood from the expert that it constituted an open, non-randomised trial on 25 women, was not blinded, and did not include a control group.  We understood that, although the imaging technique showed an effect on lines and wrinkles, it was not clear whether the same optical effect could be detected by a human observer.  We noted the ad stated "Start to see your wrinkles disappear instantly" and considered that that claim implied the product could reduce the wrinkles themselves, not merely reduce the appearance of the wrinkles. We acknowledged Estée Lauder's assertion that the claim was also supported by a consumer evaluation study on 50 women, but were concerned that the full method and results of the consumer evaluation study were not submitted to the ASA as supporting evidence.  We noted the question asked of the participants in the consumer study referred to the "filling in" of fine lines and wrinkles, not the disappearance of wrinkles. Furthermore, we considered that a consumer evaluation study was not sufficient to support a claim for the reduction of wrinkles per se. We concluded that the clinical study and excerpts from the consumer evaluation study were not sufficient to substantiate the claim and therefore that Estée Lauder had not justified it.

On this point, the ad breached CAP Code clauses 3.1 (Substantiation), 7.1 (Truthfulness), 50.1 and 50.7 (Health and beauty products and therapies).

2. Upheld

The ASA noted Estée Lauder's assertion that some of the supporting evidence for the claims was contained in the consumer evaluation study.  However, we also noted the full method and results of that study were not submitted and considered, therefore, that the extracts provided did not constitute supporting evidence. We were also concerned that the claim on the pack shot visible in the ad was "4 weeks: 83% of subjects demonstrated improvement in the appearance of lines" and considered that that claim was confusing when shown in conjunction with the claim "After 4 weeks of continued use: 83% reported improvement in the appearance of lines", because the latter claim implied the 83% measure was a self-reported one, whereas the former implied an objective measure.

We took expert advice in relation to the clinical study and understood that, although the methodology was potentially sound, insufficient information was provided to validate that. We also understood that it was not possible to determine from the quantitative results whether or not the change would be observable by consumers or onlookers.  We considered that readers would infer from the claim "Immediately: 68% of subjects reported a visible filling of wrinkles" that subjects in the trial had observed a difference in the visible appearance of their wrinkles immediately after applying the product.  We noted Estée Lauder believed this claim was supported by the consumer evaluation study but considered that, in the absence of a complete copy of the study including full the methodology and results, they had not justified that claim.

We considered that readers would infer from the claim "After 4 weeks of continued use: 83% reported improvement in the appearance of lines. After 8 weeks of continued use: clinical studies measured a 45% visible reduction in wrinkle depth and length" that using Tri-Aktiline over a period of up to eight weeks would result in a cumulative reduction in the visible appearance of wrinkles. We were concerned that, although such claims required a high level of empirical proof, Estee Lauder had submitted only one study on 23 subjects with no reference to the control group and no evidence that the quantified results would be observable to the consumer or another onlooker. We considered that the study provided was inadequate to support claims of visible changes, and particularly quantified visible changes, in the appearance of wrinkles over time and concluded that the ad was likely to mislead.

On this point, the ad breached CAP Code clauses 3.1 (Substantiation), 7.1 (Truthfulness), 50.1 and 50.7 (Health and beauty products and therapies).

Action

The ad must not appear again in its current form.

Adjudication of the ASA Council (Non-broadcast)