Breaking News

NAD Rules in L’Oréal’s Favor

April 8, 2013

The National Advertising Division determined that L’Oréal USA acted properly in working toward the discontinuance of certain in-store advertising.

The advertising in question was challenged before NAD by The Procter & Gamble Company.
P&G took issue with advertisements featuring visuals of model’s lashes and product performance claims related to eyelash length and volume. P&G asserted that the visuals were identical to those that appeared in Canada and the UK, together with a disclosure that stated “Lashes were enhanced in post-production.”

NAD is an investigative unit of the advertising industry’s system of self-regulation. It is administered by the Council of Better Business Bureaus.

Upon receiving NAD’s initial inquiry, the advertiser advised NAD that it had permanently discontinued all of the challenged print and broadcast advertisements prior to the challenge and affirmed that the in-store advertising would soon be replaced with new advertising.

NAD administratively closed the inquiry with regard to print and broadcast advertising because it lacks jurisdiction over claims that have been permanently discontinued prior to the commencement of an inquiry.

The in-store advertising at issue featured the same visuals as the print and broadcast ads, and, in certain instances, contained product performance claims. NAD noted its appreciation for the advertiser’s voluntary undertaking to permanently discontinue the advertisements, action NAD deemed necessary and proper. NAD cited a prior decision regarding mascara advertising that held P&G product demonstrations must be truthful and accurate and cannot be enhanced.

L’Oréal, in its advertiser’s statement, said the company “supports industry self-regulation and appreciates NAD’s consideration of this matter. Although L’Oréal disagrees with the challenger’s characterization of our advertising, we did not file a response on the merits because, as noted in NAD’s decision, most of the advertising no longer was in use when the challenge was filed except for a few items that we already were in the process of updating.”
blog comments powered by Disqus
  • Free and Clear

    Free and Clear

    Melissa Meisel, Associate Editor||October 17, 2016
    OY-L aims for zero-chemical skin care.

  • Coming Clean on a Host of Issues

    October 17, 2016
    Cleaning Products Conference is set for Nov. 9-11, 2016 in Washington DC.

  • Let the Magic Begin!

    Let the Magic Begin!

    Tom Branna, Editorial Director||October 10, 2016
    IFSCC Congress gets underway at Walt Disney World this month.

  • Change Is in the Air

    Change Is in the Air

    Doreen Wang, BrandZ ||October 3, 2016
    Technology is changing the personal care market

  • Skin Care of One’s Own

    Skin Care of One’s Own

    Christine Esposito, Associate Editor||October 3, 2016
    Nu Skin’s ageLOC Me—which melds the worlds of smart-phone technology, efficacious ingredients and personalization

  • Proof Positive

    Proof Positive

    Christine Esposito, Associate Editor||October 3, 2016
    Testing service providers enable companies to back up their claims and stay in compliance with regulations.