Ad description
A website promoting cosmetic products, viewed 14th September 2011, provided product information and included testimonials.
a. One webpage was headed "Glamtox Sticks £48". Text stated "They are rich in collagen peptides (natural bioactive protein) that trigger the synthesis of new collagen fibers ... Prevents the formation of deep wrinkles by maintaining optimum amount of collagen in the dermis ... I am already on my 4th pack! I love them, I used to have a deep set wrinkle on my forhead [sic] but the sticks have really diminished [sic] it! So pleased! - Shana".
b. Another webpage was headed "Glamoxy Snake Serum £127". Text stated "Glamoxy snake serum helps relax expression lines with a unique combination of snake venom-like peptides and oxygen. The revolutionary oxygenated, viper-inspired serum contains syn-ake; a neuro peptide that mimics the effects of the Temple Viper's potent venom to instantly lift the face, freeze muscles and plump fine lines and wrinkles ... Encourages cell respiration to fill and plump the skin, whilst adding instant radiance ... Not only does this wonder serum temporarily freeze your face muscles, it also instantly lifts the skin and smoothes out fine lines ... It's like botox in a bottle!!! I love the serum, I noticed that my wrinkles faded within a few weeks of using it. Love it! - Jennifer".
Issue
The complainant challenged whether the claims were misleading and could be substantiated.
Response
Rodial Ltd (Rodial) said they would remove the testimonials from their website.
Assessment
Upheld
The ASA noted that, although Rodial had maintained in their response to the complaint that the testimonials would be removed, they were still online. We also noted that a number of the efficacy claims were not testimonials, but were included in the 'product description' section. We considered that the claims and testimonials suggested that the Glamtox Sticks would prevent or remove the formation of deep wrinkles and the Glamoxy Snake Serum would smooth out fine lines and remove wrinkles "within a few weeks". We noted, however, that we had not seen any documentary evidence in support of those efficacy claims. Because of that we concluded that the ads were likely to mislead.
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),
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
The claims must not appear again in their current form. We told Rodial to ensure they held evidence to support their advertising claims.
