NAD Decision Against Native Deodorant Anti-Wetness Claims Holds Up On Appeal
Natural-oriented Native, acquired by P&G in late 2017, failed to convince a National Advertising Review Board panel that its aluminum-free deodorants absorb and protect against underarm wetness. What remains in question is whether deodorant marketers with proper substantiation are free to make such claims under FDA regulations without conforming to the OTC antiperspirant drug monograph.
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NAD Dispute Over Native Deodorant Claims Raises Question: Is Wetness Protection Exclusive To Antiperspirants?
Colgate’s Tom’s of Maine continues efforts to police natural deodorant advertising, challenging wetness-protection claims from P&G’s Native brand in the National Advertising Division’s self-regulatory forum. Siding with Tom’s, the NAD focused on the adequacy of Native’s evidence, but the case also has FDA regulatory implications and could impact other P&G brands, namely Secret. Native is appealing the NAD’s decision.
Tom's of Maine's Naturally Dry Antiperspirant represents a misleading natural claim given that the product’s active wetness-control ingredient is an extensively processed aluminum salt, NAD says, siding with challenger Unilever. Colgate will appeal the decision, arguing that the claims at issue are subject to a 2015 court order and therefore the dispute falls outside of NAD’s jurisdiction.
As of 5 February, the Scientific Committee on Consumer Safety is evaluating use of titanium dioxide – now officially classified as a Category 2 carcinogen in the EU – in cosmetic products that can expose consumers by way of inhalation. Without a favorable SCCS opinion, the ingredient’s use in those contexts will be banned under Article 15 of the Cosmetics Regulation.