NAD Rules on Instant Age Rewind Eraser Makeup

The National Advertising Division of the Council of Better Business Bureaus has determined that the results of clinical and consumer-use, and mechanical testing support advertising claims for Maybelline’s “Instant Age Rewind Eraser Treatment Makeup.”

As part of its routine monitoring efforts, NAD, the advertising industry’s self-regulatory forum, requested substantiation for claims made for the product in print advertising.

The advertisement at issue featured a woman’s face in close-up and the claims “Erase fine lines!,” “Erase crow’s feet!,” and “Erase age spots!” appeared on her forehead, and beneath her eye and cheek. The advertisement included the statements, “Active Formula + Micro-Corrector Applicator” and, in a larger font, “Erase Instantly. More Completely.” The advertisement included a text box that described the product applicator, noted the inclusion of Goji Berry and sunscreen and featured the statement “It’s A New Age in Anti-Aging.”

The claims were qualified by an asterisk which led to the following disclosure: “*Doesn’t just cover; after 8 weeks of use reduces imperfections without makeup on.”

NAD noted in its decision that advertiser is responsible for all reasonable interpretations of its claims, not only the messages it intends to convey.

In this case, NAD reviewed the advertising to determine in part how claims related “erasing” lines and wrinkles were interpreted by consumers. In reaching its decision, NAD reviewed the advertiser’s consumer-perception evidence—a reliable, well- controlled, perception survey—and concluded that the claims were not misleading. NAD found that a reasonable takeaway was that the product improved the appearance of skin, not that it literally “erased” imperfections.

NAD further determined that the claim “*Doesn’t just cover; after 8 weeks of use reduces imperfections without makeup on,” was fully substantiated by the advertiser’s clinical study.

NAD determined that claims related to the product’s patented applicator and applicator design were supported by the evidence in the record, including the claims

• “exclusive”

• “Active Formula + Micro-Corrector Applicator – Erase Instantly. More Completely”

• “Micro-Corrector Applicator fills and smoothes like no finger or sponge can”

• “micro-covers”

• “micro-erases.”

NAD found that the claim “ultimate flawless perfection” in the context of the advertisement was puffery rather than a performance claim for which consumers would expect substantiation.

NAD recommended that the advertiser delete the disclaimer that the photograph in the advertisement is a “dramatization of actual product results,” but determined that the advertiser could continue to use the photograph with a disclaimer that clarified the results consumers could expect to achieve – the reduction of age-related imperfections.

NAD determined that the reference to increased skin elasticity is substantiated by the advertiser’s evidence. However, NAD determined that the evidence did not support the advertiser’s reference to the role of goji berry in improving skin elasticity and recommended that claim be discontinued.

Finally, with regard to the statement, “It’s a New Age in Anti-Aging,” NAD agreed with the advertiser that this claim would likely be understood by consumers as hyperbole.

The company, in its advertiser’s statement, said that it “supports industry self-regulation and will take into account the two minor changes recommended by NAD with respect to our future advertising for this product.”