NAD Rules on Drunk Elephant’s Claims about Tween Skin Safety

BBB National Programs’ National Advertising Division (NAD) has determined that Drunk Elephant provided a reasonable basis for its claim that certain skincare products in an Instagram post are “safe for kids and tweens to use.” NAD’s inquiry about the claims came from its routine monitoring program.

However, NAD also determined that two TikTok videos demonstrating and reviewing Drunk Elephant’s B-Goldi Bright Drops did not sufficiently disclose the material connection between Drunk Elephant and the influencers promoting its products. Therefore, NAD recommended that Drunk Elephant contact the influencers to have the posts modified to include such disclosures.

Safety Claims

NAD inquired about a Drunk Elephant Instagram post with the express claim, “Here’s a list of our products that are safe for kids and tweens to use: Beste, LaLa, Bora (it’s very rich so this one depends on level of dryness). F-Balm, Wonderwild, Virgin Marula Oil, Umbra Sheer, B-Hydra, D-Bronzi, O-Bloos, Lippe Pekee, Kamil Body Cleanser, Sili Body Lotion, Sili Whipped, Wild Marula Tangle Spray, and Cocomino shampoo + conditioner.”

NAD concluded that Drunk Elephant had a reasonable basis for its claim that the 18 products in the challenged Instagram post are “safe for kids and tweens to use.” NAD found that reasonable consumers would understand the claim to mean that these products meet safety standards for cosmetics intended to be applied to the skin of teens and tweens, a message that was supported. 

During the proceeding, Drunk Elephant voluntarily agreed to permanently discontinue the challenged testimonials featured in an Instagram video as part of their #BareWithUs campaign. Therefore, NAD did not review these claims on their merits and will treat the claims for compliance purposes, as though NAD recommended they be discontinued.

Influencer Practices

A TikTok video post featuring Alix Earle, a Drunk Elephant paid influencer, states “@Drunk Elephant you did it again – you guys know I’m obsessed with the bronzing drops… wait til you see these b goldi drops #drunkelephantpartner.” The hashtag is on the fifth line and only visible if the viewer clicks on the hyperlink “more.”

NAD found that Earle’s material connection disclosure “#drunkelephantpartner” is not clear and conspicuous for several reasons. Drunk Elephant advised NAD that it reached out to Ms. Earle to edit or delete the post. NAD recommended that Drunk Elephant continue to seek modification of the challenged post to:

1)  Ensure the hashtag (#drunkelephantpartner) appears clearly and conspicuously without having to click on a hyperlink and as separate words so that viewers can understand it, and

2)  Include a clear and conspicuous material connection disclosure within the video.

The other TikTok video post was created by Sophia Pauline, an unpaid influencer who received free product from the company. Sophia Pauline’s video post did not feature a material connection disclosure. The text accompanying her post states “b-goldi illuminating drops are 10/10.” NAD noted that receiving free product constitutes a material connection that requires disclosure and recommended Drunk Elephant request Sophia Pauline modify her post to include a clear and conspicuous material connection disclosure.

During the inquiry, Drunk Elephant advised NAD that it will take reasonable steps to encourage influencers receiving free products to make clear and conspicuous material connection disclosures and provide instruction on required disclosure practices as part of the materials that Drunk Elephant sends to influencers. Drunk Elephant also informed NAD it will clearly and conspicuously display a material connection disclosure if reposting endorsements from unpaid influencers receiving free products.

In its advertiser statement, Drunk Elephant stated that it “will comply with NAD’s recommendations” and noted that it “appreciates NAD’s important role in advertising industry self-regulation.” 

NAD held its annual conference on advertising practices in September in New York City.