Ad description
A website, www.hairburst.com, seen on 2 November 2018, featured various hair products and food supplements.
Claims for the product, 'Volume & Growth Elixir', stated "... Reduce hair loss ... improving the quality and strength of each strand ... will leave hair longer, healthier ..."
Claims for the product, 'Shampoo & Conditioner For Longer Stronger Hair', stated "... Reduce hair breakage. Grow faster and thicker hair. Strengthen your hair ... Supercharge your hair growth ..."
Claims for the product, 'Lash & Brow Enhancing Serum', stated "... stronger, longer and fuller looking lashes and brows in just a few weeks ... Improves length, thickness and strength of lashes ... promotes new hair growth even in sparse or thin areas ... improve the appearance of thin, fine, short or sparse lashes or brows by wakening dormant, non-activated hair roots of each eyelash and pushing them into the growth phase ... helps reduce inflammation and reinforces the structure of the hair follicle ..."
Claims for the product, 'Healthy Hair Vitamins', stated "... grow long, healthy hair with less breakage ... encourage hair growth ... Grow longer and stronger hair ... Improve overall hair health. Increase hair strength. Improve hair elasticity. Reduce hair breakage ..."
Claims for the product, 'Chewable Hair Vitamins', stated "... Increase hair strength & elasticity. Reduce hair breakage ... Biotin is good for not only hair growth but also almost anything to do with good hair. From growing long hair to helping reduce shedding, it is widely known that you can use biotin to thicken your hair, make it grow long... Zinc helps to keep hormone levels regulated, which is one of the reasons why it is so effective in preventing and treating hair loss ... In addition to energy and red blood cell production, vitamin B-6 keeps hair healthy. Vitamin B-6 is also important for skin health as it increases collagen production, which is necessary for healthy hair growth ... Pantothenic acid is believed to help strengthen hair follicles and their cells, allowing them to function properly. In addition, Pantothenic acid also helps your scalp get rid of dead skin, clearing the way for new growth to occur ... Selenium boosts hair growth and reduces dandruff. Selenium can destroy a fungus known as Malassezia from the scalp, again clearing the way for new growth to occur ..."
Claims for the product, 'Womens 35+ Hair Vitamins', stated "... Grow longer and stronger hair ...
Improve overall hair health. Increase hair strength. Improve hair elasticity ... Collagen provides proteins and amino acids that are critical for hair growth. What makes collagen so special is it's [sic] balance of amino acids that make up the pure protein provided ... MSM helps with healthy hair growth because it gives your body one of its principal building blocks for hair. The idea came about that MSM can be useful for hair growth because it can increase hair cells leading to thicker and longer hair ... Vitamin C is one of the most effective nutrients to help grow and strengthen hair. It helps build collagen, which is highly important for hair growth ..."
That product page also featured the claims, set out above, for Biotin, Zinc and Vitamin B6.
Claims for the product, 'Hair Vitamins For Men', stated "... Grow longer and stronger hair. Help maintain healthy hair pigmentation. Improve overall hair health ... slow down hair loss ... hair won't fall out as easily ... Silica takes many nutrients to the peripherals of the body, namely the hair, and thus ensures that the hair follicles are supplied with all the vital minerals necessary for hair growth and vitality ... Vitamin A helps to produce healthy sebum, an oily substance secreted by the scalp, which keeps hair from drying out and breaking off ... Vitamin E helps the body's blood circulation by increasing oxygen uptake, which in turn aids the body in producing new hair ... Folic acid plays an important role in hair growth. It renews the cells that aid the growth of hair ... Vitamin B12 stimulates hair growth. Once the level of Vitamin B12 is corrected, hair follicles start receiving proper nutrients and will be able to replicate correctly which leads to the regrowth of previously lost hair ..."
That product page also featured the claims, set out above, for Biotin, MSM, Zinc, Vitamin C, Vitamin B6 and Pantothenic Acid.
Claims for the product, 'For New Mums', stated "PREGNANCY HAIR GROWTH VITAMINS ... Grow longer and stronger hair ... Improve overall hair health. Increase hair strength. Improve hair elasticity. Reduce hair breakage ... effective for normal hair growth PRE, DURING & POST pregnancy ... contains a mix of proven ingredients for hair growth ..."
Issue
1. the efficacy claims relating to hair growth and hair loss for the products 'Volume & Growth Elixir', 'Shampoo & Conditioner For Longer Stronger Hair' and 'Lash & Brow Enhancing Serum' were misleading and could be substantiated;
2. the claim in the product name 'Volume & Growth Elixir' was misleading and could be substantiated; and
3. the claims for the food supplements 'Healthy Hair Vitamins', 'Chewable Hair Vitamins', 'Hair Vitamins For Women 35+', 'Hair Vitamins For Men' and 'For New Mums', which were subject to Regulation (EC) No. 1924/2006 on nutrition and health claims made on foods (the Regulation), as reflected in the CAP Code, breached the CAP Code.
4. the ad included claims to prevent, treat or cure disease, which were prohibited by the CAP Code.
Response
1. Hairburst Ltd explained that the Volume & Growth Elixir product contained an active ingredient called AnaGainTM which stimulated hair growth and reduced hair loss. Made from sprouts of organic pea, AnaGainTM reduced hair loss by inducing dermal papilla cells to reactivate hair growth. They said that a clinical study conducted for three months on volunteers with mild to moderate hair loss showed the capacity of AnaGainTM to reduce hair loss and reported an 8% increase in the density of anagen hair and a reduction of more than 28% in the density of telogen hair. They said that the study also reported an increase in the hair growth coefficient (proportion of active hair follicles) from 4 to 7.2, indicating a strong hair-regrowing effect. They said the recommended use level for AnaGainTM was between two and four per cent, and they confirmed that their product contained four per cent.
They provided a document entitled "AnaGainTM Stimulating hair growth and fighting hair loss" which contained a description of the ingredient and a summary of the clinical study referred to by Hairburst. They also provided a marketing presentation about AnaGainTM.
Hairburst explained that the shampoo and conditioner 'For Longer Stronger Hair' contained hydrolysed wheat proteins which they said strengthened hair and reduced breakage, were soothing and calming for the scalp and held moisture. As a result of those benefits, hair was kept in optimum growing condition, suffered less breakage and therefore was able to grow longer. The products also contained amino acids which had similar benefits. Other ingredients included Gluadin, which they said was shown to reduce hair breakage by more than 80% and had an anti-inflammatory effect on the scalp, adding to optimum growing conditions and a reduction in hair loss. They provided marketing presentations about those ingredients.
In relation to their Lash & Brow Enhancing Serum, Hairburst explained that the key active ingredient was called CapixylTM and they provided a technical file and toxological file from the manufacturer of the ingredient. They pointed out that the technical file listed the benefits of the ingredient as "helps provide stronger, thicker, healthier and fuller hair, lashes and eyebrows". They explained that Capixyl was a peptide (Acetyl tetrapeptide-3) which stimulated dermal papilla extracellular matrix proteins and therefore had a direct effect on hair follicle size and an anchoring effect on lashes/hairs which meant they would stay in position for longer, fall out less often and were thicker and stronger. They referred to an ex vivo test conducted by the manufacturer of Capixyl which had been summarised in the technical file.
2. In relation to the "volume" claim, Hairburst explained that their product contained 2% Aquaflex XL-30 polymer which was a volumising styling resin with long-lasting hold. They said studies showed the polymer provided volume and root boost in hair care applications. They provided a technical information document and marketing presentation from the manufacturer.
The product also contained panthenol, a derivative of vitamin B5 (pantothenic acid). They said panthenol was a highly effective humectant, a class of ingredients used in skin and hair care products to promote moisture-retention. It was also a moisturiser and emollient, capable of penetrating the cuticle and entering the hair shaft where it aided moisture retention and provided volume.
In relation to the "growth" claim, the product contained 4% AnaGainTM which they said reduced hair loss as set out in point 1 above.
3. & 4. In relation to claims for the 'Healthy Hair Vitamins' product, Hairburst provided the results of a three-month sensory perception study involving 100 adult female participants. They also pointed out that the product contained Biotin, Selenium and Zinc which had authorised claims "contributes to the maintenance of normal hair".
They said the 'Chewable Hair Vitamins' product contained a similar formula which included Biotin, Selenium and Zinc. It also contained Vitamin B6 which they said had an authorised claim "necessary for healthy teeth, bones, hair, skin and nails".
The 'Womens 35+ Hair Vitamins' product also included Biotin, Selenium and Zinc. It also contained MSM (Methylsuplony/methane) which they understood had an authorised claim "helps in the maintenance of normal keratin levels in hair, skin and nails" and Amino Acids (L-Cysteine), which they understood had an authorised claim "contributes to the maintenance of the healthy structure of hair, nails and skin".
The 'Hair Vitamins For Men' product had a similar formula and included Biotin, Selenium, Zinc and Vitamin B6. The product also contained Vitamin E, which they understood had the authorised claims "necessary for healthy teeth, bones, hair, skin and nails" and "supports the microcirculation and the oxygenation of the scalp", Silica which they understood had the authorised claim "helps maintain healthy hair, skin and nails/helps strengthen skin, hair and nails", and Vitamin B12 which they believed had the authorised claim "necessary for healthy teeth, bones, hair, skin and nails".
The 'For New Mums' product contained Biotin, Selenium and Zinc and therefore contributed to the maintenance of normal hair, as well as Vitamin B6.
Assessment
1. Upheld
The ASA considered that consumers would understand the efficacy claims made in relation to the products 'Volume & Growth Elixir', 'Shampoo & Conditioner For Longer Stronger Hair' and 'Lash & Brow Enhancing Serum' that they were able to promote hair growth and reduce hair loss.
In relation to the Volume & Elixir product, we considered that the document provided by Hairburst, which contained a description of the active ingredient AnaGainTM and a summary of a clinical study was insufficient to substantiate the claims for the product "Reduce hair loss ... improving the quality and strength of each strand ... will leave hair longer, healthier ...". We told Hairburst that we needed to see the full study rather than a summary so that we could evaluate the methodology and study design, and determine whether the results were statistically significant. We also considered that a marketing presentation was not adequate substantiation for the claims.
Similarly, we considered that marketing presentations for the active ingredients in the shampoo and conditioner 'For Longer Stronger Hair', were inadequate substantiation for the claims "Reduce hair breakage. Grow faster and thicker hair. Strengthen your hair ... Supercharge your hair growth ..."
In relation to the Lash & Brow Enhancing Serum, the technical file for the main active ingredient, Capixyl, contained summaries of various in vitro and ex vivo studies and a clinical study. We considered that we needed to see the studies in full and that summaries were not sufficient for the reasons given above.
For those reasons, we concluded that the evidence provided was inadequate substantiation for the efficacy claims relating to hair growth and hair loss for the products.
On that point, the claims breached CAP Code (Edition 12) rules 3.1 (Misleading advertising), 3.7 (Substantiation) and 12.23 (Hair and scalp).
2. Upheld
We considered that consumers would interpret from a product named 'Volume & Growth Elixir' that it would make hair appear thicker and would make hair grow faster and longer. We understood that the product name was not a registered trade mark.
In relation to the 'volume' aspect of the claim, we considered that a marketing presentation and technical information document were inadequate substantiation for the implied claim that the product would make hair appear thicker. We noted that the technical information document referred to the results of a consumer perception study but we had not seen the study in full.
In relation to the 'growth' aspect of the claim, we had the same concerns about the evidence provided regarding the active ingredient, AnaGain, as set out in point 1.
We therefore concluded that the implied claims in the product name that it would make hair appear thicker and grow faster and longer had not been substantiated and were misleading.
On that point, the claim breached CAP Code (Edition 12) rules 3.1 (Misleading advertising), 3.7 (Substantiation) and 12.23 (Hair and scalp).
3. Upheld
Under Regulation (EC) 1924/2006 on nutrition and health claims made on foods (the Regulation), which was reflected in the CAP Code, only health claims listed as authorised on the EU Register of nutrition and health claims (the EU Register) could be made in ads promoting food or food supplements. Marketers must also ensure that the advertised food met the conditions of use associated with the authorised health claim. Health claims were defined as those that stated, suggested or implied a relationship between a food, or ingredient, and health. The CAP Code also stated that references to the general benefits of a nutrient or food for overall good health or health-related well-being were acceptable only if accompanied by a specific authorised health claim.
The claims for the ingredients which Hairburst asserted were authorised on the EU Register in respect of Vitamin B6, MSM (Methylsupony/methane), Amino acid (L-Cysteine), Vitamin E, Silica and Vitamin B12 were in fact non-authorised claims and therefore could not be used in advertising.
The only ingredients in the products for which there were authorised claims relating to hair were Biotin, Selenium and Zinc: the wording of those claims was that the substance "[…] contributes to the maintenance of normal hair". We considered that the various claims in the ad, for example that the products would improve or boost hair growth, reduce hair loss/shedding, increase hair strength and elasticity, lengthen and thicken hair and reduce hair breakage exaggerated those authorised claims for Biotin, Selenium and Zinc. In addition, we had not seen evidence that the food supplements met the conditions of use associated with those authorised claims.
The ad also made a range of other claims which we considered would be understood by consumers as health claims, for example “Help maintain healthy hair pigmentation” in relation to the product 'Hair Vitamins For Men' and “Collagen provides proteins and amino acids that are critical for hair growth” for the product 'Womens 35+ Hair Vitamins'. Hairburst had not provided evidence that those claims were authorised on the EU Register for the products or any substances in them.
In addition, the claims “healthy hair” and “improve overall hair health” were references to general, non-specific health benefits of the products and as such they were required to be accompanied by specific authorised health claims. In light of our considerations that the claims the product would improve hair growth, reduce hair loss/shedding, increase hair strength and elasticity and reduce hair breakage exaggerated the authorised health claims for Biotin, Selenium and Zinc, we considered that the general, non-specific health claims were not accompanied by specific authorised health claims in the ad.
For those reasons, we concluded that the general health claims and specific health claims made for the products 'Healthy Hair Vitamins', 'Chewable Hair Vitamins', 'Womens 35+ Hair Vitamins', 'Hair Vitamins For Men' and 'For New Mums' breached the Code.
On that point, the claims breached CAP Code (Edition 12) rules 15.1, 15.1.1 and 15.2 (Food, food supplements and associated health or nutrition claims).
4. Upheld
CAP Code rule 15.6.2 stated that claims that stated or implied a food could prevent, treat or cure human disease were not acceptable in ads for foods or beverages.
We considered that the claim “Selenium […] reduces dandruff. Selenium can destroy a fungus known as Malassezia from the scalp, again clearing the way for new growth to occur” would be interpreted by consumers to mean that selenium could prevent, treat and cure malassezia, a condition for which fungus was naturally found on the skin. The product contained selenium and as such we considered that the ad implied that the Chewable Hair Vitamins product could prevent, treat and cure the condition.
Because the ad made a claim to prevent, treat or cure human disease, which was prohibited for foods, including food supplements, we concluded the ad breached the Code.
On this point, the ad breached CAP Code (Edition 12) rule 15.6.2 (Food supplements and associated health or nutrition claims).
Action
The claims must not appear again in their current form. We told Hairburst Ltd not to make efficacy claims for their products unless they held adequate substantiation for them, including implied claims in product names.
We told them not to use unauthorised health claims for foods or food supplements, and, when using authorised health claims, to ensure that they accurately reflected the wording of the authorised claim and that they held evidence which showed that their products met the conditions of use for the authorised claim.
We also told them not to make general health claims unless they were accompanied by a specific authorised health claim, and not to make claims that their products could prevent, treat or cure human disease.
