National Advertising Division Finds Certain Efficacy Claims for Eye Lift Wand Supported

As part of its routine monitoring program, BBB National Programs’ National Advertising Division found that certain efficacy claims for SBLA Beauty, Inc.’s Eye Lift Wand and its “breakthrough” formula, including the patent-pending SBLA66Peptide, a “truly revolutionary molecule” were supported.

However, the National Advertising Division (NAD) recommended that other claims be discontinued, including those conveying the unsupported message that the Eye Lift Wand can produce results similar to those achieved with an eyelift or other cosmetic surgical procedure.

Efficacy Claims

Based on SBLA’s pending patent application for SBLA66Peptide, NAD determined the claim “breakthrough formula, including the patent-pending SBLA66Peptide, a truly revolutionary molecule” is supported.

NAD also determined that certain claims regarding the key benefits of the Eye Lift Wand were supported by a reasonable basis, including:

Opens the eye area by lifting the eyelids
Lifts droopy eyelids; tightens the skin of the entire eye area
Diminishes crow’s feet and under-eye puffiness
Improves skin texture and discoloration

Further, NAD found that the portion of the claim that refers to “continuous daily use [visible results] improve progressively” (“Visible results are immediate and with continuous daily use improve progressively”) was supported because SBLA’s expert assessment results show noticeable improvements over time.

NAD concluded that the claim “the first-ever eyelift at home, clinically proven to lift and smooth the eyelid in minutes” reasonably conveys that the product is an at-home alternative to plastic surgery by delivering a noticeably more youthful appearance in the eye area in minutes.

However, NAD found that while SBLA’s evidence demonstrated improved appearance in the eye area, the results are not comparable to an eyelift surgery. Accordingly, NAD recommended that SBLA discontinue the “try the first-ever eyelift at home” portion of the claim “try the first-ever eyelift at home, clinically proven to lift and smooth the eyelid in minutes” and similar claims to avoid conveying the unsupported message that the product can produce results similar to an eyelift or other cosmetic surgical procedure.

NAD also recommended that the “clinically proven to lift and smooth the eyelid in minutes” portion of the claim “try the first-ever eyelift at home, clinically proven to lift and smooth the eyelid in minutes” and “visible results are immediate” portion of the claim “visible results are immediate and with continuous daily use improve progressively” be modified to indicate that the immediate visible results are for eye brightness or, in the alternative, that they reflect the subjective assessment results; and the “smooths” and “visibly smooths” portions of the “visibly smooths eyelid creases” and “Smooths…eyelid creases” be modified to match the evidence in the record.

Before-and-After Photographs

NAD noted that the before-and-after photos appear to represent an outlier result that is not representative of the photos in SBLA’s clinical study. Since outlier results cannot be highlighted as representative of what consumers can reasonably expect to achieve when using the product as directed, NAD recommended they be discontinued or modified to accurately reflect the results of the study, including disclosure of the length of time of use.

During the proceeding, SLBA informed NAD that it was permanently discontinuing the claim “vuilds collagen and regenerates skin cells.” Therefore, NAD did not review this claim on its merits and will treat the claim, for compliance purposes, as though NAD recommended it be discontinued.

In its advertiser statement, SBLA stated that it agrees to comply with NAD’s recommendations.