Skin Care Marketers Advised By ERSP To Clarify Botox References

Janson-Beckett should modify comparative claims and Web site consumer testimonials asserting AlphaDerma CE is equally or more effective in treating signs of aging as Botox , according to the Electronic Retailing Self-Regulating Program.

In a decision released Oct. 14, the watchdog group determined statements such as "the best...alternative to Botox" and "Better than Botox" are unqualified superiority claims that require comparative performance data.

Janson-Beckett argued the ad claims promoted AlphaDerma CE as an "injection free, safe and effective, wrinkle reducing option" compared to Botox, and do not constitute superiority claims.

ERSP notes while it does "not object to [the] marketer referring to the fact that its product is easier-to-use and a less painful wrinkle reducing option," the company should revise the efficacy comparisons to Botox. In response, Janson-Beckett said it would "review and modify its advertisement for AlphaDerma CE as appropriate."

ERSP additionally raised concerns regarding consumer testimonials referencing Botox, such as "I am ecstatic to say that it [Alpha Derma] really does work better than Botox." Janson-Beckett asserted that the testimonials page was intended as an "Internet bulletin board" rather than a venue for the advertiser to promote claims.

While ERSP acknowledges that the marketer's "testimonial" tab could alleviate potential confusion, the group points out the FTC Guide on Endorsements and Testimonials states consumer endorsements "may not contain any representations which could be deceptive, or could not be substantiated if made directly by the advertiser." ERSP recommends adding a statement like "results of product use will vary among consumers" to the testimonials page, and Janson-Beckett agreed to "incorporate appropriate disclaimers."

The inquiry is the latest conducted by ERSP in which the group has concluded comparisons to Botox should be modified. ERSP similarly requested Hydroderm Beverly Hills use a "Better than Botox" claim for its Anti-Aging System only when referring to expense, noninvasiveness and ease of use (¹ (Also see "Hydroderm “Clinically Proven” Claims Scrutinized In ERSP Review" - HBW Insight, 25 Apr, 2005.), p. 5).

ERSP also reviewed comparative claims for AlphaDerma CE ingredients including "AlphaDerma CE contains the highest potency of Elastin and Collagen available to reduce and prevent the appearance of stretchmarks and scars...making it 10 times more potent than standard Elastin products used in the U.S. and abroad." The group determined such claims could only be supported by "comparative ingredient data of all significant competitors in the industry."

ERSP objected to Janson-Beckett's "categorical, nonqualified context" performance claims such as "quickly remove fine line and wrinkles." The group maintains that "no product can actually permanently 'remove' or 'eliminate' wrinkles," adding anti-wrinkle claims should be limited to cosmetic improvement and not imply long term effectiveness without supporting data.

The group also found fault with claims the product was "clinically proven" since data submitted by the firm did not reflect the ingredient combination contained in the advertised formula.

In a separate review, ERSP recommends that VC E-Commerce Solutions modify certain claims comparing its Jevené wrinkle reduction cream to Botox, although the group determined a side-by-side comparison would not be interpreted by consumers as a superiority claim. ERSP advised the marketer to disclose that side effects of Botox cited in the ad, including "bruising, droopy eyelids, difficulty breathing, muscle weakness, headaches and dizziness" are atypical.

In addition, claims such as "Renew your skin and bring the same healthy, radiant skin you had in your youth" should be positioned more subjectively, ERSP says, recommending instead the wording "Renew the appearance of your skin and help bring back."

Consistent with the AlphaDerma review, ERSP recommends consumer testimonials include a disclaimer stating results may vary.

While ERSP concluded the claim "Your Fountain of Youth in a Jar" constituted puffery, the statement "a time machine for your skin's appearance, taking it back to the days before sun damage, acne scars and age spots" could falsely imply elimination of signs of aging and should be modified. However, the group agreed that claims Jevené is "natural and safe," "can be applied to all skin areas" and has "no side effects" were supported.

- Stephanie Jones