Ad description

A website advertising beauty salon treatments, viewed on 8 October 2011, said "CONTOUR ROLLER REJUVENATING ROLLER TREATMENT... MAKE YOUR SKIN LOOK 10 YEARS YOUNGER ... THE SECRET OF THE STARS ... MICRO-NEEDLING". Further text stated "The natural, gentle alternative. The contour Roller works by gently stimulating the skin, using the body's natural healing processes to reinvigorate and improve skin health. When this happens, the increased collagen and elastin production causes the skin to become firmer and more elastic" and "Reduces the signs of aging. It is the improvements in skin elasticity and firmness that can also benefit you in other ways. If your skin is displaying any of the classic signs of aging (wrinkles, crows [sic] feet and so on), the improvement in elastic and firmness will also benefit you". The webpage pictured two photos of the same model captioned "Before" and "After 3 treatments".

Issue

1. The complainant challenged whether the claim "make your skin look 10 years younger" was misleading and could be substantiated.

2. The ASA challenged whether the before and after images featured in the ad were genuine and accurately represented the results achievable with the product.

Response

1. & 2. Love Me Ltd (Love Me) said the text on the website had been provided to them by the product supplier. They said they had seen the effects of the treatments, but did not supply further details of this. Love Me did not supply any evidence that the treatment was capable of making your skin look ten years younger, or reducing the signs of ageing. Love Me did not provide any evidence relating to the photographs or comment on these.

Love Me removed the words "make you skin look 10 years younger" from their website, and removed the before and after photographs.

Assessment

1 & 2. Upheld

The ASA noted that Love Me had not supplied any evidence that treatment with the Contour Roller was capable of making the skin look younger. We considered that Love Me had not substantiated that the product was capable of making the skin look ten years younger, and therefore concluded that that the ad was misleading. We further noted that Love me had not supplied signed and dated proof that the photos used in the ad were genuine and had not been manipulated and accurately reflected the results achieved by treatment with the product. We therefore concluded that use of the photographs as before and after images was misleading.

We welcomed Love Me's removal of the claim "make your skin look 10 years younger" and the before and after images from the website. However, we were concerned that the remaining claims on the website implied that treatment with the product was capable of making the skin look younger, and we had not been supplied with any evidence that this was the case.

The ad breached CAP Code (Edition 12) rules  3.1 3.1 Marketing communications must not materially mislead or be likely to do so.  (Misleading advertising),  3.7 3.7 Before distributing or submitting a marketing communication for publication, marketers must hold documentary evidence to prove claims that consumers are likely to regard as objective and that are capable of objective substantiation. The ASA may regard claims as misleading in the absence of adequate substantiation.  (Substantiation),  3.11 3.11 Marketing communications must not mislead consumers by exaggerating the capability or performance of a product.  (Exaggeration),  3.47 3.47 Claims that are likely to be interpreted as factual and appear in a testimonial must not mislead or be likely to mislead the consumer.  (Endorsements and testimonials) and  12.1 12.1 Objective claims must be backed by evidence, if relevant consisting of trials conducted on people. Substantiation will be assessed on the basis of the available scientific knowledge.
Medicinal or medical claims and indications may be made for a medicinal product that is licensed by the MHRA, VMD or under the auspices of the EMA, or for a CE-marked medical device. A medicinal claim is a claim that a product or its constituent(s) can be used with a view to making a medical diagnosis or can treat or prevent disease, including an injury, ailment or adverse condition, whether of body or mind, in human beings.
Secondary medicinal claims made for cosmetic products as defined in the appropriate European legislation must be backed by evidence. These are limited to any preventative action of the product and may not include claims to treat disease.
 (Medicines, medical devices, health-related products and beauty products).

Action

We told Love Me not to state that treatment with the product was capable of making the skin look younger unless they held robust evidence that this was the case. We told them not to use before and after photographs unless they held signed and dated proof that they were genuine, and could demonstrate that they accurately reflected the effects of treatment with the product.

CAP Code (Edition 12)

12.1     3.1     3.11     3.47     3.7    


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