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ASA Adjudication on Rodial Ltd

Rodial Ltd

Suite 3.25, The Plaza
535 Kings Road
London
SW10 0SZ

Date:

16 January 2013

Media:

E-mail

Sector:

Health and beauty

Number of complaints:

1

Complaint Ref:

A12-210708

Ad

An e-mail ad for a body cream was headlined "Get a body to die for with 50% off body sculpture for 24 hours". The ad showed an image of the actress Mila Kunis in her underwear and further text stated "Get Mila Kunis' Esquire look with this intensive formula that helps reduce the appearance of cellulite fast. Simply enter Code xxxxx at the checkout & streamline your bum, thighs and tummy with this A-list must have!".

Issue

The complainant, who believed the ad implied that Mila Kunis' figure had resulted from using the 'body sculpture' cream, challenged whether the ad exaggerated the results that were likely to be achieved from using the product.

CAP Code (Edition 12)

Response

Rodial Ltd (Rodial) provided product information on two of the active ingredients in the product which they believed substantiated the efficacy claims for the product.

Assessment

Upheld

The ASA considered that most consumers would understand from the claim "checkout and streamline your bum, thighs and tummy with this A-list must have!" implied that consumers who used the product would be able to reduce the appearance of cellulite and tighten and smooth their bottom, thighs and tummy. Evidence presented consisted of information about two active ingredients within the body sculpture product which made reference to in vivo trials on those ingredients. However, the trials themselves were not supplied. Because robust evidence was not presented to demonstrate the implied efficacy claims for the product or that Mila Kunis had achieved the look featured in the photo as a result of using the product, we concluded that the ad was misleading.

The ad breached CAP Code (Edition 12) rules 3.1 (Misleading advertising), 3.7 (Substantiation), 3.11 (Exaggeration) and 12.1 (Medicines medical devices, health-related products and beauty products).

Action

The ad should not appear again in its current form. We told Rodial not to make efficacy claims without holding robust evidence.

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