Ad description
An internet sales promotion, for a face serum, was viewed on 5 October 2011. It was headlined "'Wrinkle Killer Snake Serum' ...". Text below included "Temporary freeze-like effects on the face muscles Helps reduce the appearance of fine lines and wrinkles Helps tackle the signs of ageing Leaves the skin looking younger".
Issue
The complainant challenged whether the claims:
1. "Temporary freeze-like effects on the face muscles";
2. "Helps reduce the appearance of fine lines and wrinkles";
3. "Helps tackle the signs of ageing"; and
4. "Leaves the skin looking younger"
were misleading and could be substantiated.
Response
MyCityDeal Ltd t/a Groupon (Groupon) said all four claims referred to sensory and/or temporary effects of the product's application, rather than being 'breakthrough' claims. They said although they related to serum, rather than a cream, their understanding was that the effects of application were established as being similar despite the composition of the two types of products differing from one another. They said that due to the water-base of serums, these were more effective on application than creams at getting the active ingredients, which were commonly nutrients and/or minerals, directly to the skin cells. They said a cream would have a longer lasting moisturising effect, but serums, however, tightened and firmed the skin much more than creams, which was why they were commonly used as a means to mask the signs of scarring.
1. Groupon said claims related to "temporary effects" were generally accepted claims for which evidence was not usually required. They said the claim related to the product's active ingredient. They submitted studies related to that ingredient and said, because the studies did not demonstrate any cumulative or long-term effect, they had been careful to use wording that avoided any such implications and related only to short-term effects that were not cumulative.
2. They said the claim "Helps reduce the appearance of fine lines and wrinkles" related to sensory effects that were produced when the product was applied. They said specific studies in support of that were not collated before the ad was published, because such claims were established and did not usually require evidence. They submitted substantiation, however, and said further evidence could be produced if required.
3. Groupon said "Helps tackle the signs of ageing" was similarly a sensory claim, which reflected the product's ability to firm and smooth the skin.
4. Groupon said the claim "Leaves the skin looking younger" was also a sensory effect claim. It was synonymous with "younger looking" and purported that the product would moisturise and smooth the skin, leaving it looking plumper and firmer.
Assessment
1. Upheld
The ASA noted the claim referred to the "Temporary ... effects" of the product. We also noted, however, it stated that the serum had "... freeze-like effects on the face muscles". We considered, particularly in the context of the headline claim "Wrinkle Killer Snake Serum", the claim was likely to be interpreted as suggesting the product had an effect similar to injected fillers after each use, rather than as relating to a temporary moisturising effect. We considered the evidence submitted by Groupon was not sufficient to demonstrate such an effect, because one study related to an active ingredient examined only in relation to cell-cultures, rather than to use of the product itself by human subjects. We also noted the study stated that any effect was dose-dependent and that it was unclear what level of the active ingredient the product contained. It was also unclear how the active ingredient worked in conjunction with other components of the product. We were also concerned that the second study related to the use of a product with 4% of the active ingredient by only 15 subjects and that it appeared those subjects used a cream, rather than a serum. In addition, the results were measured following twice-daily applications for 28 days, rather than relating to an effect after each use. The third piece of evidence was a presentation only, which outlined the details of the active ingredient and, it appeared, referred to the results of the second study. We considered the evidence was not adequate to substantiate the claimed "Temporary freeze-like effects on the face muscles". We therefore concluded that the ad was misleading.
The ad breached CAP Code (Edition 12) rules
3.1
3.1
Marketing communications must not materially mislead or be likely to do so.
(Misleading advertising),
3.7
3.7
Before distributing or submitting a marketing communication for publication, marketers must hold documentary evidence to prove claims that consumers are likely to regard as objective and that are capable of objective substantiation. The ASA may regard claims as misleading in the absence of adequate substantiation.
(Substantiation) and
12.1
12.1
Objective claims must be backed by evidence, if relevant consisting of trials conducted on people. Substantiation will be assessed on the basis of the available scientific knowledge.
Medicinal or medical claims and indications may be made for a medicinal product that is licensed by the MHRA, VMD or under the auspices of the EMA, or for a CE-marked medical device. A medicinal claim is a claim that a product or its constituent(s) can be used with a view to making a medical diagnosis or can treat or prevent disease, including an injury, ailment or adverse condition, whether of body or mind, in human beings.
Secondary medicinal claims made for cosmetic products as defined in the appropriate European legislation must be backed by evidence. These are limited to any preventative action of the product and may not include claims to treat disease.
(Medicines, medical devices, health-related products and beauty products).
2., 3. & 4. Upheld
We noted it was generally accepted that anti-ageing creams worked by moisturising the skin and claims that such products could have a temporary effect only on the appearance of wrinkles might be acceptable. We noted the claims appeared under the text "Temporary freeze-like effects on the face muscles" but considered, particularly in the context of the headline claim "Wrinkle Killer Snake Serum", the ad did not make clear that any effects the product might have on reducing the appearance of fine lines and wrinkles, tackling the signs of ageing and leaving the skin looking younger could be temporary only. Although they were all established claims, we considered that, in the context of the prominent headline claim, the evidence submitted was also not adequate to substantiate the claims that the product "Helps reduce the appearance of fine lines and wrinkles", "Helps tackle the signs of ageing" or "Leaves the skin looking younger". We therefore concluded that the ad was misleading.
The ad breached CAP Code (Edition 12) rules
3.1
3.1
Marketing communications must not materially mislead or be likely to do so.
(Misleading advertising),
3.7
3.7
Before distributing or submitting a marketing communication for publication, marketers must hold documentary evidence to prove claims that consumers are likely to regard as objective and that are capable of objective substantiation. The ASA may regard claims as misleading in the absence of adequate substantiation.
(Substantiation) and
12.1
12.1
Objective claims must be backed by evidence, if relevant consisting of trials conducted on people. Substantiation will be assessed on the basis of the available scientific knowledge.
Medicinal or medical claims and indications may be made for a medicinal product that is licensed by the MHRA, VMD or under the auspices of the EMA, or for a CE-marked medical device. A medicinal claim is a claim that a product or its constituent(s) can be used with a view to making a medical diagnosis or can treat or prevent disease, including an injury, ailment or adverse condition, whether of body or mind, in human beings.
Secondary medicinal claims made for cosmetic products as defined in the appropriate European legislation must be backed by evidence. These are limited to any preventative action of the product and may not include claims to treat disease.
(Medicines, medical devices, health-related products and beauty products).
Action
The ad must not appear again in its current form. We told Groupon to ensure they held adequate substantiation before making future efficacy claims.
