Simpler Hair Color Referred To Federal Trade Commission for Failure to Respond to Compliance Inquiry

BBB National Programs’ National Advertising Division has referred Simpler Hair Color Inc. to the Federal Trade Commission (FTC) for review and possible enforcement action.

The referral stems from a National Advertising Division (NAD) Fast-Track SWIFT challenge brought by competitor Combe Incorporated for online advertising stating that Simpler Hair Color products are “Rated #1 Men’s Hair Color” “Based on Trustpilot.com verified reviews as of 10/10/2024” and “Rated #1 Men’s Hair & Beard Color” “Based on Trustpilot.com verified reviews as of 10/10/2024.”
In the underlying challenge, NAD found that the No. 1 claims were not supported and recommended that the challenged claims be discontinued.

Shortly after NAD’s decision, Combe brought to NAD’s attention Simpler’s claims made on Amazon and in sponsored social media posts that Combe believed – and NAD agreed – did not comply with NAD’s recommendations.

Despite outreach over several weeks, officials said Simpler failed to respond to NAD’s compliance inquiry and therefore NAD has referred the matter to the appropriate government agency, in this case the FTC, and to the platforms on which Simpler’s advertising appeared and NAD has a reporting relationship.