A paid-for Facebook ad for Fancy Drops Community, an online retailer of cosmetic eye products, seen on 26 February 2023, advertised eye drops which it claimed would change eye colour. Text stated, “SOLD OUT 5 TIMES – and for a good reason. You will throw away your color [sic] contacts! Introducing the revolutionary color [sic] changing product … Fancy Drops reduces even the dark brown eye color [sic] who want light eye color [sic] …”.
The complainant challenged whether the claim that the eye drops could change the colour of eyes was misleading and could be substantiated.
FancyDrops Co did not respond to the ASA’s enquiries.
The ASA was concerned by FancyDrops Co’s lack of response and apparent disregard for the Code, which was a breach of CAP Code (Edition 12) rule 1.7 (Unreasonable delay). We reminded them of their responsibility to respond promptly to our enquiries and told them to do so in future.
We considered readers would interpret the ad to mean that using the eye drops would have the effect of changing the user’s eye colour, including from dark to light.
FancyDrops Co did not provide any evidence to demonstrate that their product had that effect. We therefore concluded that the claim had not been substantiated and was misleading.
The ad breached CAP Code (Edition 12) rules 3.1 (Misleading advertising) and 3.7 (Substantiation).
The ad must not appear again in the form complained of. We told FancyDrops Co not to make efficacy claims about their products, for example in relation to changing eye colour, in the absence of adequate evidence. We referred the matter to CAP’s Compliance team.