Happi Staff06.09.20
Following an inquiry by the National Advertising Division (NAD), initiated as part of its routine monitoring program, NAD determined that Qf Systems, LLC did not substantiate certain express and implied claims for Fillerina Dermo-Cosmetic Replenishing Gel and Nourishing Film. Therefore, NAD recommended that the advertiser discontinue the claims “Boosted with a powerful blend of hyaluronic acids, this at-home skin care treatment fills in fine lines and wrinkles, revealing a more radiant complexion,” “Fillerina Dermo-Cosmetic Filler Treatment Grade 2 corrects visible wrinkles and expression lines” (and similar express claims) and the implied claim that Fillerina removes lines and wrinkles similar to cosmetic procedures.
According to NAD, Fillerina Dermo-Cosmetic Replenishing Gel and the accompanying Nourishing Film are sold in containers which look like vials. Each treatment is applied by an instrument which looks like a syringe.
NAD assessed the messages reasonably conveyed by the advertising and determined that images of the product vials and the accompanying syringe-like applicators alongside claims referring to the “filling in” or “plumping of wrinkles (including deep wrinkles)” and “adding volume to cheeks and lips,” reasonably convey the message that the products confer benefits similar to cosmetic procedures which are designed to “fill in” wrinkles and “lift” sagging skin, said NAD.
As support for its claims, the advertiser submitted a published study, the Nobile Study, conducted on Fillerina Dermo-Cosmetic Replenishing Gel and Nourishing Film as well as the Fillerina day and night creams and the eye/lip cream. NAD said that appreciated that the Nobile Study was double-blinded, randomized, placebo-controlled, and employed a sufficiently large sample size and appropriate test population (subjects with mild to moderate wrinkling)—but it had concerns about other aspects of the study.
NAD concluded that a two-week timeframe is not sufficient to determine any long-term benefits of the Replenishing Gel and Nourishing Film as touted on the Fillerina website (e.g., results will last for “up to 4 months”). Further, NAD noted that even if the effects reported in the study were shown to be statistically significant (which they were not), there is no evidence suggesting that the magnitude of these effects is noticeable by consumers, let alone consumer meaningful or to the degree reasonably implied by claims such as “fills in fine lines and wrinkles” or “corrects visible wrinkles and expression lines.” The units of measure for certain parameters are incredibly small (e.g., micrometers, cubic millimeters), and no context is provided as to how big a measurement difference must be for it to be perceived by the naked eye.
For all these reasons, NAD determined that the Nobile Study was not a good fit for the challenged claims. However, NAD noted that nothing in its decision prevents the advertiser from making claims that match the results of the study—e.g., that Fillerina “improves the appearance of chrono-aged skin in subjects showing mild-to-moderate clinical signs of skin aging.”
In its advertiser’s statement, Qf Systems stated that it will comply with NAD’s recommendations by making claims for Fillerina that match the results of the Nobile Study. Further, the advertiser stated that “in advertising Fillerina, QF Systems will refer to the results of Dr. Nobile’s study and in general to consumer satisfaction. With the will to comply with NAD recommendations, however, Qf Systems wants to stress its confidence in Fillerina products, supported by countless proofs of satisfaction from its users.”
According to NAD, Fillerina Dermo-Cosmetic Replenishing Gel and the accompanying Nourishing Film are sold in containers which look like vials. Each treatment is applied by an instrument which looks like a syringe.
NAD assessed the messages reasonably conveyed by the advertising and determined that images of the product vials and the accompanying syringe-like applicators alongside claims referring to the “filling in” or “plumping of wrinkles (including deep wrinkles)” and “adding volume to cheeks and lips,” reasonably convey the message that the products confer benefits similar to cosmetic procedures which are designed to “fill in” wrinkles and “lift” sagging skin, said NAD.
As support for its claims, the advertiser submitted a published study, the Nobile Study, conducted on Fillerina Dermo-Cosmetic Replenishing Gel and Nourishing Film as well as the Fillerina day and night creams and the eye/lip cream. NAD said that appreciated that the Nobile Study was double-blinded, randomized, placebo-controlled, and employed a sufficiently large sample size and appropriate test population (subjects with mild to moderate wrinkling)—but it had concerns about other aspects of the study.
NAD concluded that a two-week timeframe is not sufficient to determine any long-term benefits of the Replenishing Gel and Nourishing Film as touted on the Fillerina website (e.g., results will last for “up to 4 months”). Further, NAD noted that even if the effects reported in the study were shown to be statistically significant (which they were not), there is no evidence suggesting that the magnitude of these effects is noticeable by consumers, let alone consumer meaningful or to the degree reasonably implied by claims such as “fills in fine lines and wrinkles” or “corrects visible wrinkles and expression lines.” The units of measure for certain parameters are incredibly small (e.g., micrometers, cubic millimeters), and no context is provided as to how big a measurement difference must be for it to be perceived by the naked eye.
For all these reasons, NAD determined that the Nobile Study was not a good fit for the challenged claims. However, NAD noted that nothing in its decision prevents the advertiser from making claims that match the results of the study—e.g., that Fillerina “improves the appearance of chrono-aged skin in subjects showing mild-to-moderate clinical signs of skin aging.”
In its advertiser’s statement, Qf Systems stated that it will comply with NAD’s recommendations by making claims for Fillerina that match the results of the Nobile Study. Further, the advertiser stated that “in advertising Fillerina, QF Systems will refer to the results of Dr. Nobile’s study and in general to consumer satisfaction. With the will to comply with NAD recommendations, however, Qf Systems wants to stress its confidence in Fillerina products, supported by countless proofs of satisfaction from its users.”
