In recent decisions by the National Advertising Division (NAD) of BBB National Programs, three beauty and personal care brands were recommended to modify or discontinue advertising claims related to their products.
These cases, involving NuOrganic Cosmetics, Solawave, and Oral Essentials, emphasize the importance of reliable evidence to support product claims, especially in the beauty and personal care industry, where consumers are heavily influenced by marketing messages. The decisions also highlight the need for transparent disclosure of material connections in influencer marketing—a growing advertising channel.
NuOrganic Cosmetics: Eyelash serum claims and influencer disclosure
In a case that arose from NAD’s routine monitoring program, the organization recommended that NuOrganic Cosmetics discontinue TikTok and Instagram videos promoting its eyelash serum with claims such as “naturally grown long lashes” and “This [lash] extensions alternative.” These claims, both express and implied, were determined to be unsupported, as reported in NAD’s case decision.
NAD’s inquiry revealed that NuOrganic utilized TikTok’s affiliate program, enabling influencers to promote the serum based on personal experiences. However, affiliates’ financial relationships with NuOrganic require clear and conspicuous disclosure.
NuOrganic’s marketing also included implied claims that the product was “safe for young eyes” and that it “helps naturally grow eyelashes,” neither of which were adequately substantiated. Consequently, the NAD recommended discontinuing videos containing these claims.
In its case decision, NAD stated that NuOrganic should ensure all affiliated influencers disclose their material connections. In its advertiser statement, NuOrganic expressed its commitment to compliance, stating it “will comply with NAD’s recommendations.”
Solawave: Advanced Skincare Wand performance claims
In a separate case, NAD also reviewed advertising for Solawave’s Advanced Skincare Wand, recommending that the company discontinue claims suggesting dramatic performance benefits, such as “smooth fine lines,” “fade blemishes,” and “increase firmness.”
According to its case decision, NAD determined that a 30-day in-home use test (IHUT) submitted by Solawave was methodologically flawed, citing issues like the absence of a washout period and participants’ concurrent use of anti-aging products. Additionally, consumer-submitted “before” and “after” photos were found unreliable for depicting measurable improvements and potentially overstating achievable results.
The NAD further scrutinized the use of percentages in claims such as the percentage of users who observed certain results, concluding that these claims could mislead consumers by overstating the product’s efficacy.
Although Solawave disagreed with the NAD’s conclusions, it stated it would “comply with NAD’s recommendations.”
Oral Essentials: “Certified non-toxic” claim for Lumineux mouthwash
In a Fast-Track SWIFT challenge initiated by competitor GuruNanda, NAD recommended that Oral Essentials discontinue its “Certified Non-Toxic” claim for Lumineux mouthwash.
The claim, supported by cytotoxicity studies and a certification from the third-party program MADE SAFE, was found unsubstantiated. NAD noted in its case decision that the studies did not reflect real-world human effects and that the formulations used differed from the current product ingredients.
Furthermore, the MADE SAFE certification had expired, and its methodology lacked clarity.
NAD acknowledged that “non-toxic” claims carry significant weight with consumers and require strong evidence, as they suggest a level of safety that might not align with the realities of product use. Oral Essentials was advised to make qualified “non-toxic” claims that clearly disclose any misuse-related health risks.
Oral Essentials stated it would “follow NAD’s recommendations” and is conducting an annual review of its MADE SAFE certification.
Ensuring advertising accuracy in beauty and personal care
These decisions serve as a reminder for beauty and personal care brands of the high standards required to substantiate advertising claims. Unsupported claims and unclear disclosures can erode consumer trust and lead to competitive challenges, as seen in the Oral Essentials case.
For the full text of NAD, NARB, and CARU decisions, manufacturers and suppliers can subscribe to BBB National Programs’ online archive.
