The Body Shop International plc Watersmead Littlehampton West Sussex BN17 6LS Number of complaints: 1

Date: 26 September 2007 Media: Leaflet Sector: Health and beauty

Ad
A leaflet for the Body Shops New Wise Woman Mature skin care range contained several headings followed by body copy, including the following:

"UNIQUE REGENERATING COMPLEX - All Wise Woman ™ products contain our unique regenerating complex, a natural skin supplement of red clover, wild yam, starflower oil and Community Trade, organically grown soya oil.  These ingredients have been specially selected to strengthen skins fabric, support its natural structure, and stimulate natural cell renewal whilst maintaining collagen development to help recover elasticity and suppleness" and

"TRIED, TESTED, PROVEN - We put our Wise Woman ™ skin care to the test.  81% of women found Wise Woman ™ Vitality Serum made their skin appear smoother, 77% found Wise Woman ™ Regenerating Day Cream made their skin more radiant-looking, whilst 92% found Regenerating Night Cream made their skin smoother.

The leaflet showed the products in the range accompanied by body copy, including the following:

"DAILY: CLEANSE WISE WOMAN ™ LUXURY CLEANSER - Rich, yet gentle, to cleanse without drying skin.  Protein-rich moringa seed extract helps prevent the build up of pollutants and dirt on the skin that can cause irritation.  Over time skin appears more radiant-looking, softer, smoother ... "

"DAILY MOISTURISE WISE WOMAN ™ REGENERATING DAY CREAM - Our unique regenerating complex plus rosehip seed oil, vitamin E and Community Trade cocoa butter promotes skin regeneration ... Regular use will reduce the appearance of fine lines"

"NIGHT: MOISTURISE WISE WOMAN ™ REGENERATING NIGHT CREAM - Extra rich for optimum overnight replenishment and repair.  Our unique regenerating complex improves skins elasticity and maintains collagen renewal, while common dock reduces the appearance of age spots and helps prevent future uneven pigmentation"

"DAILY: TREATMENT WISE WOMAN ™ VITALITY SERUM - Nobel Prize winning technology uses wild pansy to help moisture penetrate deeper into the skin, strengthening skins structure, maintaining optimum moisture levels and improving skin elasticity ... "

"DAILY: TREATMENT WISE WOMAN ™ EYE CREAM - Soy and rice peptides improve the appearance of dark circles and puffiness while cotton fibres fill in lines and reflect light.  With regular use, the eye area feels firmer, less puffy.  Use morning and night"; and

"WEEKLY: TREATMENT WISE WOMAN ™ INTENSIVE FIRMING MASK - A hydrating treatment to plump and energise skin.  Pumpkin extract firms and maintains skins suppleness, while our unique regenerating complex boosts skins natural structure ... ".

Issue
A reader challenged whether there was evidence to back up the claims:

1.  "These ingredients have been specially selected to strengthen skins fabric, support its natural structure, and stimulate natural cell renewal whilst maintaining collagen development to help recover elasticity and suppleness";

2.  "TRIED, TESTED, PROVEN ... 81% of women found Wise Woman ™ Vitality Serum made their skin appear smoother, 77% found Wise Woman ™ Regenerating Day Cream made their skin more radiant-looking, whilst 92% found Regenerating Night Cream made their skin smoother";

3.  "our unique regenerating complex plus rosehip seed oil, vitamin E and Community Trade cocoa butter promotes skin regeneration; ... Regular use will reduce the appearance of fine lines";

4.  "extra rich for optimum overnight replenishment and repair";

5.  "our unique regenerating complex improves skins elasticity and maintains collagen renewal";

6.  "common dock reduces the appearance of age spots and helps prevent future uneven pigmentation";

7.  "soy and rice peptides improve the appearance of dark circles and puffiness while cotton fibres fill in lines and reflect light";

8.  "with regular use, the eye area feels firmer, less puffy"; and

9.  "our unique regenerating complex boosts skins natural structure".

The CAP Code:

3.1;7.1;50.1;50.7

Response
1. The Body Shop International plc (Body Shop) said their blend of four ingredients, red clover, wild yam, starflower oil and Community Trade (CT) soya oil had been selected in combination to give all-round performance to help address the conditions associated with the ageing skin of the targeted consumer. They sent data provided by their suppliers which showed that red clover and wild yam contain phytosteroids, which regulate the condition and appearance of the skin. The data also showed that starflower oil was rich in linoleic (vitamin F) and linolenic acids, and along with CT soya oil was rich in essential fatty acids (EFAs). The Body Shop stated that those ingredients aided extracellular matrix enhancement and active cell renewal.

2. The Body Shop asserted that they had carried out extensive consumer trialling on the Wise Woman range of products, and that the claims had been quoted from the trial results. They submitted copies of the user trials for the Wise Woman Vitality Serum, Wise Woman Regenerating Day Cream and Wise Woman Regenerating Night Cream. The trial panel consisted of women from the fifty-plus years target age range. Respondents were asked to rate each attribute on a scale of one to nine, with a score of six and above being taken as a positive response.

3. The Body Shop stated that it was actively working to promote skin renewal by supplementing the skin with essential ingredients. They said the effects of ageing meant that the skin's natural renewal was slowed, therefore compromising the skin's natural barrier function. In addition to the blend of four ingredients described in 1, the Body Shop stated that rosehip seed oil and CT cocoa butter in the Regenerating Day Cream offered higher concentrations of the EFAs required for skin health and regeneration. They also showed that the product contained vitamin E, a known anti-oxidant that helps protect the skin. They sent documents from the suppliers of the rosehip seed oil which stated that the EFAs found in the ingredient could intervene in cellular regeneration in the membranes and be absorbed through the skin, and were effective in products intended to bring about cutaneous regeneration of damaged skin. The Body Shop asserted that skin regeneration could be categorised by an improvement in the skin's appearance and feel, and they pointed to the Regenerating Day Cream consumer trials that showed positive results for improvements in skin smoothness, firmness and in the appearance of fine lines and wrinkles.

4. The Body Shop explained that the Wise Woman Night Cream had been formulated to contain higher levels of the 'oily' ingredients versus the equivalent day products. They supplied laboratory evidence which demonstrated that the overall level of 'oily' ingredients used in the night cream was 9.5% compared to 2.5% in the day cream. They also stated that the 'oily' ingredients, olive oil, soya oil, grapeseed oil and shea nut butter, contained higher levels of skin nutrients and EFAs that directly aided the skin's own replenishment mechanisms. The Body Shop said the same questions were put to respondents on the consumer trials for the day and night cream, and after six weeks higher performance was attained in the night cream trials for all aspects of skin condition: radiance, softness, smoothness, suppleness, firmness, moisturisation, fine lines and reduction in wrinkles.

5. The Body Shop said intrinsic skin ageing caused the skin's natural renewal process to slow down, which resulted in sagging skin as collagen and elastin were not replenished. They said that was represented by increased wrinkle formation, reduction in skin firmness and the appearance of dry, damaged skin. The Body Shop explained that they had addressed those issues through the selection of the four ingredients described in 1, and that the efficacy of the ingredients had been proven by the consumer trials for the night cream. They pointed out that, after six weeks of using the night cream, the trial showed that 92% of respondents felt their skin was smoother, 72% that fine lines and wrinkles appeared reduced and 70% that their skin felt firmer.

6. The Body Shop stated that common dock had been added to the night cream to help address age spots and uneven skin tone, which they believed could be an issue for the target consumer. They said common dock had the ability to suppress the production of melanin, a key driver in hyper-pigmentation and age spots. They submitted laboratory evidence from their supplier which showed that common dock was an inhibitor of tyrosinase, the enzyme that was responsible for melanin production in both human and plant tissue.

7. The Body Shop said the soy and rice peptides included in the Wise Woman Eye Cream had been shown to reduce dark circles and puffiness. They submitted data from the supplier of the ingredients which stated that soy and rice peptides exerted a localised, positive effect on the oxygen supply to the eye tissue, minimizing the inflammation processes that can cause puffiness and dark shadows. The Body Shop provided a copy of the consumer trial for the eye cream, which showed that over a six-week period 74% of respondents felt that the eye area was less puffy and 64% that dark circles were visibly reduced. They also supplied data from clinical trials carried out on the eye cream, which showed that the colour of dark shadows was significantly attenuated over an eight-week period.

8. The Body Shop said consumer trials for the Wise Woman Eye Cream consisted of women from the target age range of fifty plus who regularly used an eye cream. Respondents were asked to rate each attribute on a scale of one to nine, with a score of six or above being taken as a positive response. The Body Shop said that, over a six-week period, the consumer trial showed that 74% of respondents felt the eye area was less puffy. The trial also showed that 71% of respondents felt the eye area was firmer.

9. The Body Shop stated that the signs of ageing were evident by the appearance of fine lines, wrinkles and loss of skin firmness and elasticity.  They explained that both intrinsic and extrinsic ageing could cause those effects and contribute to compromised skin barrier function. They said the skin's natural barrier was formed of a lipid by layer, and that EFAs were needed to act as precursors for the compounds required to maintain this barrier. The Body Shop said the blend of four ingredients described in point 1 were also included in the regenerating complex of the Wise Woman Firming Mask in order to enhance the skin's natural structure. The Body Shop supplied consumer trials for the firming mask. They said the trial showed that 58% of respondents felt the appearance of fine lines and wrinkles was reduced, 74% that their skin felt more supple, and 62% that their skin felt firmer.

Assessment
1. Upheld
The ASA noted the Body Shop's submission of evidence from the suppliers of the four ingredients. We noted that those ingredients had moisturising properties which affected the condition and appearance of the skin. We understood, however, that moisturisers have a superficial effect on the skin, and considered the claim "stimulate natural cell renewal whilst maintaining collagen development to help recover elasticity and suppleness" was likely to indicate a physiological effect. We concluded that the evidence provided did not show that the products could produce physiological changes in the skin.

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

2. Not upheld
The ASA noted the Body Shop had submitted consumer trials for each of the three products mentioned in the claim. We noted that the data recorded the outcome of consumer perception tests. We considered that the phrases "appear" and "radiant-looking" indicated the subjective impressions of the respondents and were acceptable claims. We concluded that in this respect the ad was unlikely to mislead.

On this point we investigated under CAP Code clauses 3.1 (Substantiation), 7.1(Truthfulness) and 50.1 (Health and beauty products and therapies) but did not find the ad in breach.

3. Upheld
We accepted that the claim "reduce the appearance of fine lines" represented an established claim for a standard moisturiser. We noted that the product had a moisturising effect and did not object to the claim. We considered, however, that the term "unique regenerating complex" and the claim "promotes skin regeneration" suggested that the product enacted a physiological change in the skin's structure. We noted the information regarding the cosmetic properties of rosehip seed oil sent by the supplier, and in particular the supplier's statement that use of the oil in cutaneous regeneration had been described in several scientific studies. Because we had not seen evidence that the ingredient was present in sufficient quantities in the Wise Woman Regenerating Day Cream to produce the claimed effect, and because we did not consider that a physiological change to the skin could be substantiated by consumer perception tests, we 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 (Health and beauty products and therapies) and 50.7 (Ageing and rejuvenation).

4. Upheld
The ASA noted the laboratory evidence submitted by the Body Shop showed that the Wise Woman Night Cream contained larger amounts of the moisturising ingredients than contained in the day cream. We also recognised that the results of the consumer trials supported the Body Shop's assertion that the night cream worked more effectively as a moisturiser. We considered, however, that the phrase "overnight replenishment and repair" was likely to be seen to indicate a permanent, physiological effect on the skin. As we had not seen scientific evidence to support that claim, we concluded that the product's efficacy had not been proven beyond that of a moisturiser.

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

5. Upheld
The ASA noted the consumer trial the Body Shop presented in support of the claim. We acknowledged that the trial showed a high level of positive results from the respondents, and we understood that these represented the subjective impressions of the trial participants. However, we considered the claim "our unique regenerating complex improves skin's elasticity and maintains collagen renewal" constituted a clinical claim that implied that the product had a physiological effect on the skin. We noted that the clinical report on the Wise Woman Night Cream concluded that, although the product induced a significant increase in skin suppleness as a result of its moisturising effect, it did not induce an improvement in skin firmness and did not induce a significant anti-wrinkles effect. We concluded that the evidence provided did not substantiate the ad's claims, and was therefore likely to mislead.

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

6. Upheld
The ASA noted the chemical and biological analysis of common dock provided by the ingredient's supplier. We recognised that the claim "reduces the appearance of age spots" represented an established, sensory claim for the temporary effects of a cosmetic cream. We also noted, however, that the clinical trial for the night cream had concluded that the product did not induce a significant lightening effect on the age spots on the face. We did not consider that any of the documentation submitted in support of the night cream proved the claim that it "helps prevent future uneven pigmentation", or that it convincingly demonstrated that a cosmetic cream could have the claimed effect.

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

7. Upheld
The ASA noted the chemical analysis of the soy and rice peptides submitted by the suppliers of the ingredients. We also noted the clinical and consumer trials provided by the Body Shop in support of the Wise Woman Eye Cream. We acknowledged the consumer trial showed that over a six week period 74% of respondents felt the eye area was less puffy and 64% that dark circles were visibly reduced. We also acknowledged that the clinical trial had concluded that the colour of dark shadows was attenuated over an eight-week period. We recognised that the claim "'fill in' lines" represented an established claim for the temporary effects of a cosmetic cream. However, we did not consider that a skin cream could reduce the appearance of dark circles unless it had a masking or concealing effect. As we had not seen scientific evidence that demonstrated that the named ingredients were present in sufficient quantites in the Wise Woman Eye Cream to produce a concealing effect, and because we did not consider the subjective responses of the consumer panel alone substantial evidence to support this claim, we 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 (Health and beauty products and therapies).

8. Not upheld
The ASA noted that the Body Shop had submitted a consumer trial for the Wise Woman Eye Cream. We noted the trial recorded the outcome of consumer perception tests. We considered that the claim "the eye area feels firmer, less puffy" represented the subjective impressions of the respondents and were established, acceptable claims for a skin cream. We concluded that in this respect the ad was unlikely to mislead.

On this point the ad was investigated under CAP Code clauses 3.1 (Substantiation), 7.1 (Truthfulness) and 50.1 (Health and beauty products and therapies) but was not found in breach.

9. Upheld
The ASA noted the Body Shop's explanation of the ageing process on the skin's natural barrier function. We also noted the evidence submitted in support of the blend of four ingredients described in point 1and acknowledged that those ingredients had moisturising properties that affected the condition and appearance of the skin. We recognised that the consumer trials on the Wise Woman Firming Mask showed a positive response from participants regarding their perception of their skin's firmness, suppleness and reduction in fine lines and wrinkles. We considered, however, that the claim "our unique regenerating complex boosts skin's natural structure" stated that the firming mask enacted a physiological effect on the skin. As we had not seen clinical trials or evidence to substantiate the claims made against the firming mask, we 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 (Health and beauty products and therapies) and 50.7 (Ageing and rejuvenation).

Action
We told the Body Shop not to repeat the leaflet in its current form. We advised them to seek guidance from the CAP Copy Advice team for their future ads.

Adjudication of the ASA Council (Non-broadcast)