Ad description

The website for Rodial, a website for cosmetics and health products, visited on 25 June 2011, showed a product called "chin & neck lift" and stated "Introducing a ground-breaking gel that sculpts, firms and lifts the chin and neck! - Rodial chin & neck lift contains essential amino acids which hydrate to firm and strengthen the skin while promoting elasticity and smoothing the appearance of wrinkles all in one. This innovative formula offers an immediate firming and lifting effect, sculpting the neckline for a visibly smoother and younger looking chin and neck ... Results - Fat collections around the chin and neck are reduced - Lines and wrinkles and uneven skin tone appear reduced - Skin feels smoother and firmer, for a younger looking chin and neck".

Issue

A complainant challenged:

1. whether the claim that the product used amino acids to produce its effects was misleading and could be substantiated

and whether the claims:

2. "sculpting the neckline";

3. "immediate firming and lifting effect"; and

4. "Fat collections around the chin and neck are reduced"

were misleading and could be substantiated.

Response

1., 2., 3. & 4. Rodial stated that they had removed the challenged claims.

Assessment

1., 2., 3. & 4. Upheld

The ASA welcomed Rodial's assurance that they had removed the challenged claims from their website. We considered that consumers would understand statements such as "contains essential amino acids which hydrate to firm and strengthen the skin while promoting elasticity and smoothing the appearance of wrinkles all in one", "sculpting the neckline", "immediate firming and lifting effect" and "Fat collections around the chin and neck are reduced" implied that the product had those effects on the skin of the chin and neck. Because we had not seen documentary evidence in support of those claims, we concluded that they were misleading.

On these points the claims 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) 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

The ad must not appear again in its current form.

CAP Code (Edition 12)

12.1     3.1     3.7    


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