As part of its on-going monitoring program, NAD requested that L’Oreal provide substantiation for certain advertising claims made for the company’s Maybelline ‘Rocket’ mascara and L’Oreal Paris ‘Telescopic Shocking Extensions’.
The US watchdog found that L’Oreal USA can support certain performance claims, although they did note a discrepancy in the advertising for the Maybelline product.
Substantiated
The cosmetics giant provided information to further substantiate six claims made about the products regarding volume and performance.
However, whilst the Telescopic ad was found to not be artificially enhanced and completely accurate; NAD reached a different conclusion when considering the messages implied by the advertising for the Maybelline Rocket product.
NAD found that the advertising did not convey the message that users of the product would get lashes like those shown in the accompanying photographs or that the lashes depicted were achieved solely by use of ‘Rocket’ mascara; suggesting the image was altered.
Issue
“It was L’Oreal’s position that artificially enhanced stylized glamour shots are not misleading because consumers understand that such visuals are not intended to represent typical consumer results from usage,” says the NAD statement.
L’Oreal USA maintained that the ad images are not product demonstrations that invite consumers to assess quantified claims and further that the use of lash inserts were disclosed in the ad.
“[There is] nothing false or misleading about featuring a model in a mascara ad who obviously is wearing lash inserts that change the shape of her lash line. … Accordingly, L’Oreal respectfully disagrees with NAD’s findings and recommendations regarding this photograph and its recommendation … mandating the content of hypothetical future advertising. ”
NAD reiterated that it is not suggesting that the beauty industry take ‘beauty’ out of cosmetic advertising; but simply restating that the law requires that “when you make a performance claim for mascara and include a photograph depicting a woman wearing the mascara, the picture should not be enhanced by artificial means.”