Download ASA Hot Topic Health and beauty - Advertising Standards Authority

ASA Hot Topic
Health and beauty
Selling the dream
Many of us want to be slimmer, fitter, better or younger looking. And for years, advertisers have
offered creams, lotions and tonics to help us achieve these goals. While ads for beauty
treatments or products are allowed to sell us a dream or aspiration, advertisers still need to
ensure that their claims have a firm foundation in reality.
The rules
Most of the complaints we receive are about ads that have over offered on the capability of the
product. We understand it can be frustrating, because most of us just want a product that does
exactly what it says on the tin.
All health and beauty ads are subject to the general rules in the Advertising Codes which are
designed to make sure that ads aren’t misleading, harmful or offensive. But the Codes also
contain specific rules that place a particular emphasis on advertisers holding robust evidence to
back up claims they make about their products. In particular, we expect advertisers who make
claims for medical devices or procedures to be mindful of the stringent rules designed to protect
consumers.
Health and beauty rules include:
General health and beauty
 Ads must not mislead consumers by exaggerating the capability or performance of a
product.
 Advertisers are allowed to use pre-production techniques such as styling, make-up, lash
inserts etc. but should be careful not to mislead about the effects a product can have by
doing so.
 References to the relief of symptoms or the superficial signs of ageing are acceptable if they
can be proven. Unqualified claims such as “cure” and “rejuvenation” are not generally
acceptable, especially for cosmetic products.
Medicine / medical devices
 Objective claims, especially medical and scientific claims, should be backed up by evidence,
and where appropriate, this should be in the form of trials conducted on people.
 Ads should not discourage essential treatment. No advice or offer of treatment should be
given on serious or prolonged conditions unless it is to be conducted under the supervision
of a doctor or other suitably qualified health professional.
 Accurate and responsible general information about serious conditions may be offered.
For more information: www.asa.org.uk
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ASA Hot Topic: Health and beauty

Advertisers inviting consumers to diagnose their own minor ailments should not make claims
that might lead to a mistaken diagnosis.
What’s in a claim?
If an advertiser claims a product will have a more than minor physiological effect on the user
they need to hold appropriate clinical evidence to back up those claims. Subjective claims,
which are presented as such, that don’t imply that a product can have a permanent effect or
benefit, tend to be acceptable. Examples of what is and isn’t acceptable include:
Skin

×
Slimming

×
Hair

×
Reduce the appearance of fine lines and wrinkles; moisturise; plump;
temporarily lift and firm skin; younger looking skin.
Permanently reduce fine lines and wrinkles; permanently lift or firm
skin; sculpt the body; reduce cellulite; references to Botox (a
prescription only medicine).
Proven, balanced diet plans in which weight loss is no more than
2lb/1kg per week.
Melt, burn, soak up, absorb, provide immunity to fat; boost
metabolism; suppress appetite; pictures/descriptions of obese people;
medicinal properties; claims that people can lose precise amounts of
weight.
Look healthier or shinier; protect against damage.
Repair; re-grow; stimulate blood supply; unblock follicles; stop hair
loss (unless the advertiser has appropriate evidence to support the
claim)
Medical conditions
Advertisers need to be careful when claiming to treat serious or prolonged medical conditions
where qualified medical advice should be sought. Products can contain ingredients that have a
strong physiological effect and there is a risk that people can harm themselves by selfdiagnosing or self-medicating. Medicines must have a marketing authorisation from the
Medicines and Healthcare products Regulatory Agency (MHRA) before they are advertised and
any claims made for the product must conform to the authorisation.
Post- and pre- production techniques
The use of pre- and post-production techniques, such as airbrushing, is a widespread industry
practice. Whilst the process is not prohibited, there are rules in place to ensure that
advertisements do not materially mislead.
For more information: www.asa.org.uk
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ASA Hot Topic: Health and beauty
Advertisers should retain appropriate material to be able to demonstrate what re-touching has
been carried out. This might include ‘before’ and ‘after’ images showing the effect of both preand post-production techniques.
Advertisers should also be careful not to exaggerate the effectiveness of a product by, for
example, applying ‘airbrushing’ techniques to the area (i.e. under the eye) where the beauty
product (i.e. eye cream) is applied.
Cosmetic surgery advertising
Advertisers are expected to prepare their ads with a sense of social responsibility. Cosmetic
surgery ads must not be directed at under-18s, and advertisers should be extra careful not to
trivialise a procedure, or put pressure on individuals into making quick buying choices by, for
example, advertising time limited offers.
There have been calls to take these protections even further by a number of industry groups,
some members of government and health lobbyists. We’re always alive to societal concerns
and making sure the Codes provide adequate protections, which is why we are engaged in this
debate and continually review the rules. Where evidence shows that we need to tighten those
rules we will do so.
Sticking to the rules?
In 2012 we resolved 2,489 complaints related to health and beauty ads.
Encouragingly in 2012 complaints about the health and beauty sector dropped by 36% from the
previous year, following CAP’s work with advertisers to improve compliance.
We will, however, continue to monitor health and beauty ads and provide training and advice to
advertisers to help them stick to the rules, so that consumers can buy into the dream without
being misled or harmed in the process.
ASA action
Liverpool Cosmetic Surgery – 20 March 2013
Banned for being socially irresponsible, because the use of a time limited offer was seen to be
trivialising the decision to get cosmetic surgery.
LA Muscle Ltd – 31 October 2012
We were not convinced by the advertiser’s claims that a chewing gum slimming aid could "aid
weight loss", was a "weight management supplement" or could "boost energy”.
Parfums Christian Dior (UK) Ltd – 24 October 2012
This magazine ad for mascara, fronted by the actress Natalie Portman, claimed “spectacular
volume-multiplying effect, lash by lash”. The advertiser was unable to provide evidence that the
effect on Natalie Portman’s eyelashes was not the result of post-production retouching.
For more information: www.asa.org.uk
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ASA Hot Topic: Health and beauty
MyCityDeal Ltd t/a Groupon UK – 7 December 2011
We upheld a complaint about this ad for breast enhancements because there wasn’t sufficient
evidence to prove the claim that the treatment was capable of achieving breast growth.
L'Oreal (UK) Ltd – 27 July 2011
An ad for a foundation, which featured the actress Julia Roberts, was misleading in its use of
post-production techniques.
Further reading
The Advertising Codes contain specific rules for health and beauty – www.cap.org.uk
Use of production techniques in cosmetic advertising - CAP Guidance
Contact us
Email: [email protected]
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in advertising by taking action to prevent ads from being misleading, harmful or
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