Basic Research LLC t/a Voss Laboratories 5742 West Harold Gatty Drive Salt Lake City UTAH UT 84116 USA Number of complaints: 1

Date: 9 July 2008 Media: Magazine Sector: Health and beauty Agency: Majestic Media

Ad
A magazine ad feature, for Amatokin face cream, stated "Skincare Update 'Stem Cell' Creams ... The Future of Skin Rejuvenation These uber-sophisticated skin potions really do make you look younger ... but can you afford them?  Before you go crazy about the term "Stem Cells" (the two most controversial words in science), here's something you need to know: These new and very expensive topical creams aren't about putting embryonic stem cells in a jar and slathering them all over your face.  Instead the technology focuses on using polypeptides and enzymes to "awaken" the body's own reservoir of epidermal stem cells to rejuvenate the skin and make you look younger ... a lot younger!  The fact is, skin is the largest repository of stem cells in the human body ... Here's what Richard Wells, Ph.D., told me: "... As we age, stem-cell utilization for skin repair is less efficient. However, the potential that nature has given us to access these endogenous stem-cell reservoirs for skin rejuvenation is quite remarkable.  That's why science is seeking to activate the potential of our inherent adult stem-cell reservoirs.  In so doing, the practical use of stem-cell technology can provide the consumer with a topical, anti-aging cosmetic formula that simply makes everyone look years younger" ... Stem cells are hot ... really, really hot.  Imagine new, fresh, "perfect" skin cells, undamaged by age, sun or pollution.  Right now there are two perhaps three products that are the winners in the race to incorporate this new stem-cell technology.  The first is Amatokin® Emulsion For The Face ... The second, and the most expensive, is Peau Magnifique from RVive®.  But the biggest winner of all could be StriVectin®-HS Hydro-Thermal Deep Wrinkle Serum™ ... it's rumored this heat-activated serum contains the super-secret Amatokin ingredient (polypeptide #153) ... Being a beauty editor, I was lucky enough to try each of these products for free ..."  The ad featured three quotes from beauty "experts".  The first, attributed to the Director of Women's Affairs at Voss Laboratories, stated "20 and 30 somethings are using these high-tech emulsions so they will always look young ... 40 and 50 somethings are using them to look like they're still in their 20s and 30s."  The second quote, from a Beauty Editor, read "Paralyzing injections are so last year ... stem cells creams can give you natural-looking skin rejuvenation".  The third was attributed to a research scientist and stated "Rather than going under the knife, you may be able to look 20 years younger by applying a 'stem-cell' face cream, thus replacing a time-ravaged complexion with your own, new, wrinkle-free skin ...".  The ad included text about each of the named products.  Under "Amatokin® Emulsion For The Face", text stated "... More than simply reducing the appearance of wrinkles, Amatokin actually rejuvenates the skin, making it look absolutely radiant ... Amatokin has quite a history.  Developed in Russia at the 'super-secret' Research and Production Center for Medical Biotechnology ... the Amatokin peptide (known in official circles as polypeptide #153) was developed as part of ongoing research to help burn victims' skin look better ... Well, if the original Amatokin 153-amino-acid-polypeptide can help burn victims' skin look better, imagine what Amatokin can do for deep creases and an aging complexion."  Under "RVive® Peau Magnifique Youth Recruit" text stated "... Peau Magnifique "recruits youth and resets your skin's 'aging clock' by a minimum of five years" by utilizing enzymes, so they say, to convert resting, adult stem cells to newly-minted skin cells."  A text box was headed "STRIVECTIN®-HS Hydro-Thermal Deep Wrinkle Serum™".  Text below continued "The big question is this: Does StriVectin-HS® Hydro-Thermal Deep Wrinkle Serum contain the Amatokin polypeptide? ... StriVectin-HS® has gained a worldwide reputation as the best deep-wrinkle serum on the market.  Why is it so effective?  Well it's rumored this heat-activated serum contains the super-secret Amatokin ingredient (polypeptide #153).  When asked about the Amatokin rumor, Klein-Becker spokesperson, Gina Gay, responded, "Because of contractual obligations, I am not permitted to say anything about the Amatokin peptide."  If you ask me, I think they've got it."

Issue
1. The Harley Medical Group challenged whether it was appropriate to use the shocking headline "Stem Cell Creams" as a means to attract attention.

The ASA challenged whether:

2. the ad could cause confusion between competitors' products;

3. the following breakthrough claims could be substantiated:

(i) "the technology focuses on using polypeptides and enzymes to "awaken" the body's own reservoir of epidermal stem cells to rejuvenate the skin and make you look younger ... a lot younger!",

(ii) "... the practical use of stem-cell technology can provide the consumer with a topical, anti-aging cosmetic formula that simply makes everyone look years younger";

(iii) "Imagine new, fresh, 'perfect' skin cells, undamaged by age, sun or pollution";

(iv) "20 and 30 somethings are using these high-tech emulsions so they will always look young ... 40 and 50 somethings are using them to look like they're still in their 20s and 30s.";

(v) "stem cell creams can give you natural-looking skin rejuvenation";

(vi) "... you may be able to look 20 years younger by applying a 'stem-cell' face cream, thus replacing a time-ravaged complexion with your own, new, wrinkle-free skin ...";

(vii) "More than simply reducing the appearance of wrinkles, Amatokin actually rejuvenates the skin ...";

(viii) "... imagine what Amatokin can do for deep creases and an aging complexion";

(ix) "recruits youth and resets your skin's 'aging clock' by a minimum of five years by utilizing enzymes, so they say, to convert resting, adult stem cells to newly-minted skin cells" and

(x) "StriVectin®-HS has gained a worldwide reputation as the best deep-wrinkle serum on the market".

The CAP Code:

3.1;7.1;18.4 (old);50.1;50.7;9.1;14.3

Response
Voss Laboratories said they had no plans to use the ad again.

1. Voss Laboratories said the headline claim "'Stem Cell' Creams ... The Future of Skin Rejuvenation" referred to the fact that cosmetic scientists were actively researching the application of adult stem cell technology to cosmetic products.  They said, contrary to the Harley Medical Group's assertion that it was "shocking", the headline merely reflected that adult stem cell technology has been prominent in the media, has been the focus of extensive research in the cosmetics industry and that it may represent the future of skin enhancement, or rejuvenation, cosmetic products.

2. Voss Laboratories disagreed that the ad could cause confusion between competitors' products; they pointed out that the ad made clear that 'Peau Magnifique' was a RVive product.

3. (i), (ii), (iii) & (v) Voss Laboratories said the claims referred to the stem cell technology that was being researched by cosmetic scientists and the hope and potential that the research offered to the cosmetics industry.  They said the claims did not relate to Amatokin and were therefore not breakthrough claims but factual statements.  They added that the claims were taken out of context and, when read as a whole, it was clear that they referred to research carried out in the area of adult stem cell technology.

(iv) Voss Laboratories said the claim did not refer to Amatokin.  They said it related to the market trend for prestige cosmetic creams, designed to improve the appearance of skin.  They said market data showed that younger women were increasingly using such creams to help them maintain younger looking skin; older women were using them to improve the appearance of their skin in order to look younger.  They sent a report by a market research company in support.

(vi), (vii) & (viii) Voss Laboratories sent copies of studies that had been conducted on each of the components that made up Amatokin skin cream in support of those claims.  They wished that information to be kept confidential but confirmed that the key components had been scientifically proven to decrease the appearance of crow's feet and wrinkles and to improve the appearance of skin tone and skin elasticity.  They did not, however, submit studies showing the effectiveness of the Amatokin cream itself.  Voss Laboratories explained that Amatokin was designed to facilitate the natural process of skin rejuvenation and pointed to the studies conducted on its ingredients to support that.  They added that the evidence supported the notion that Amatokin could make skin look younger.  They said the terms "rejuvenate" and "rejuvenation" were defined as meaning "to make, feel or seem young again; bring back to youthful ... appearance" and that evidence also supported these claims.  Voss Laboratories said Amatokin contained the Amatokin polypeptide but they had avoided making any efficacy claims in relation to the polypeptide itself.

(ix) Voss Laboratories said the claim did not refer to Amatokin; it referred to what RVive, manufacturer of 'Peau Magnifique' said about its product.  They said it was a verbatim claim which appeared on RVive's website.

(x) Voss Laboratories said the claim referred specifically to the deep wrinkle serum market which involved a very limited number of products.  They explained that Stri-Vectin-HS was a high-end product which limited the choice of products even further.  They added that demand for the product was very high.

Assessment
1. Not upheld
The ASA noted Voss Laboratories' comments that the headline "Stem Cell Creams ..." related to adult stem cells and that the subject of adult stem cell technology for cosmetics was widely covered in the media.  We understood that the Harley Medical Group was concerned because they believed readers were likely to associate the claim with the issues of embryonic stem cell research.  We noted, however, the headline claim was immediately qualified by text in the body copy that stated "Before you go crazy about the term 'Stem Cells' ... These new and very expensive topical creams aren't about putting embryonic stem cells in a jar and slathering them all over your face."  We therefore considered that the majority of readers would not be shocked by the headline, which was immediately qualified, and that it was unlikely to cause fear or distress.

On this point, we investigated the ad under CAP Code clause 9.1 (Fear and distress) but did not find it in breach.

2. Upheld
We noted the ad featured the registered trademark symbol for RVive and also for StriVectin-HS.  We noted the ad stated "Right now there are two perhaps three products that are the winners in the race to incorporate this new stem-cell technology.  The first is Amatokin Emulsion for the Face ... The second, and the most expensive, is Peau Magnifique from RVive.  But the biggest winner of all could be StriVectin-HS ...".  We considered that readers were likely to infer that all three products were being marketed.  Because we understood that only Amatokin was being marketed, we concluded that the ad was likely to cause confusion between competitors' products.

On this point, the ad breached CAP Code clause 18.4 (Comparisons).

3. (i) - (viii) Upheld
We noted Voss Laboratories believed the ad contained factual statements rather than claims about Amatokin.  We nevertheless considered that readers of the ad were likely to interpret the statements within the ad as claims, whether direct or implied, for the products featured.  We considered that the statement "Right now there are two perhaps three products that are the winners in the race to incorporate this new stem-cell technology." supported this view.  We considered the ad implied that Amatokin incorporated new stem-cell technology and noted we had not seen evidence to support that.  We further noted Voss Laboratories did not intend to make such a claim and said they had avoided making any efficacy claims in relation to the polypeptide itself.

We considered that the claims implied that Amatokin would have more than simply a cosmetic effect and would be understood as claiming a physiological action, for example ... Amatokin actually rejuvenates the skin" and "the technology focuses on using polypeptides and enzymes to 'awaken' the bodys own reservoir of epidermal stem cells to rejuvenate skin and make you look younger ... a lot younger!".  We considered that all the claims could be classified as breakthrough claims and a high level of substantiation was therefore required.

We noted the evidence submitted consisted of trials conducted on people and that the key ingredients of Amatokin had been tested.  However, we were unable to determine whether the key ingredients were tested in the appropriate concentrations and in the quantities in which they would be used in Amatokin.  In some studies, but not all, a placebo was included and the application of the cream was site-specific, in that it was applied to areas where the cream was intended to be used by the end-consumer.  All but one study failed to indicate whether any exclusion criteria had been applied in the selection of subjects.  While we noted the results of most of the trials gave positive indications, we were concerned that we had not seen product-specific trials showing the effect of the ingredients combined in the Amatokin cream, nor had we seen evidence that the positive results for the individual ingredients could be extrapolated to show a positive effect when combined in the cream.

We considered that the claims implied that Amatokin had a physiological effect and because we had not seen product -specific evidence to support that, we concluded that the claims could mislead.

(ix) Upheld
We noted Voss Laboratories had quoted the claim verbatim from RVives website.  We nevertheless considered that, by including it in an ad for their product, Voss Laboratories needed to be able to substantiate the claims in the same way as they were required to substantiate the claims made about their own product.  Because they had been unable to do that, we considered that the claims were unsubstantiated and could mislead.

(x) Upheld
We noted Voss Laboratories comments but noted we had not seen substantiation to support the claim that StriVectin-HS was "the best anti-wrinkle serum on the market".  We concluded that the claim was unsubstantiated and could 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
We told Voss Laboratories to remove the claims challenged at points (2) and (3) from their advertising and to contact the CAP Copy Advice team before advertising Amatokin in the UK again.

Adjudication of the ASA Council (Non-broadcast)