Ad description
An e-mail ad for a body cream was headlined "Get a body to die for with 50% off body sculpture for 24 hours". The ad showed an image of the actress Mila Kunis in her underwear and further text stated "Get Mila Kunis' Esquire look with this intensive formula that helps reduce the appearance of cellulite fast. Simply enter Code xxxxx at the checkout & streamline your bum, thighs and tummy with this A-list must have!".
Issue
The complainant, who believed the ad implied that Mila Kunis' figure had resulted from using the 'body sculpture' cream, challenged whether the ad exaggerated the results that were likely to be achieved from using the product.
Response
Rodial Ltd (Rodial) provided product information on two of the active ingredients in the product which they believed substantiated the efficacy claims for the product.
Assessment
Upheld
The ASA considered that most consumers would understand from the claim "checkout and streamline your bum, thighs and tummy with this A-list must have!" implied that consumers who used the product would be able to reduce the appearance of cellulite and tighten and smooth their bottom, thighs and tummy. Evidence presented consisted of information about two active ingredients within the body sculpture product which made reference to in vivo trials on those ingredients. However, the trials themselves were not supplied. Because robust evidence was not presented to demonstrate the implied efficacy claims for the product or that Mila Kunis had achieved the look featured in the photo as a result of using the product, we 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),
3.11
3.11
Marketing communications must not mislead consumers by exaggerating the capability or performance of a product.
(Exaggeration) 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 should not appear again in its current form. We told Rodial not to make efficacy claims without holding robust evidence.
