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But recommends modifications to disclosures.
April 16, 2024
By: Christine Esposito
Editor-in-Chief
The National Advertising Division (NAD) determined, as part of its routine monitoring program, that Fenty Skin LLC provided a reasonable basis for the following claims for its Melt AWF Jelly Oil Makeup-Melting Cleanser: • “From longwear or waterproof makeup, sunscreen, dirt, oil + impurities melt that… AWF in one go.” • “This unique jelly texture gently delivers clean, nourished + conditioned skin without the stripping or drying.” • “In a study of 52 people after 1 use ‘100% agreed it gently cleanses skin leaving it clean and fresh, 96% agreed that it cleansed skin without stripping, 92% agreed it removes makeup.’” NAD also concluded that product demonstrations featuring influencers were supported by the evidence and that the videos were accurate and not enhanced. However, NAD recommended that Fenty Skin require its paid influencer, Crème Fatale, to modify a challenged Instagram post to include a clear and conspicuous material connection disclosure in the video demonstration itself, and that Fenty Skin’s re-post of this video to its own Instagram page should likewise have a modified disclosure. In support of its claims, Fenty Skin relied on the results of independent clinical testing and consumer use surveys, as well as evidence on the mechanism of action for oil and oil-soluble cleansing substances. NAD concluded that these results and evidence provided a reasonable basis for Fenty Skin’s claims. NAD also inquired about product demonstrations by influencers Sarah Novio and Crème Fatale using Fenty’s AWF Melt Cleanser on TikTok, re-posted by Fenty Skin to its Instagram page. NAD determined that Fenty Skin’s clinical and survey results substantiated the reasonably conveyed message that Melt AWF Cleanser can break down and remove waterproof eyeliner, waterproof mascara, and waterproof foundation in one application. During the proceeding, Crème Fatale’s Instagram page was updated to include both the “paid partnership” disclosure and #ad and #sponsored in the caption and Fenty Skin’s Instagram page was updated to include #AD in the caption. Although NAD found that Crème Fatale’s “paid partnership” disclosure tells viewers there is a material connection between Fenty Skin and Crème Fatale, NAD recommended that Fenty Skin require Crème Fatale to modify the challenged video demonstration post to include a clear and conspicuous material connection disclosure in the video itself. NAD further recommended that Fenty Skin’s re-post of this video to its own Instagram page should likewise have a modified disclosure. Fenty Skin advised NAD that it requested that Novio update the challenged TikTok and Instagram posts to include a clear disclosure that she received the product for free. Additionally, Fenty Skin removed the post from its own Instagram and will re-post only if the disclosure is corrected by Ms. Novio. NAD will treat the claim, for compliance purposes, as though NAD recommended it be modified. During the proceeding, Fenty Skin advised NAD that it had permanently discontinued using “clean” on product packaging and online. Therefore, NAD did not review the claim on its merits. In its advertiser statement, Fenty Skin stated that it “will comply with NAD’s Decision” and that it “supports the self-regulatory process and appreciates NAD’s thoughtful review.”
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