AI: Regulating Cosmetics
The use of AI in advertising enforcement in the UK
The cosmetics industry is embracing a transformative journey with the integration of Artificial Intelligence (AI) across product development, manufacturing, marketing, and even in cosmetic regulation.
A particular intriguing aspect is how now even regulatory bodies are leveraging AI to swiftly identify concerns and ensure compliance. Regulatory bodies are harnessing the power of AI technologies to analyse large amounts of data swiftly. This proactive approach enables them to identify potential concerns and swiftly address non-compliance issues. This collaboration with AI not only enhances the speed and precision of monitoring but also marks a significant leap forward in ensuring industry compliance.
This blog focuses on how the Advertising Standards Authority (ASA) uses AI to scrutinise advertising claims, especially environmental claims, and how to ensure your claims are compliant.
In 2021 the ASA announced the ‘Climate change and the environment’ project focusing on responsible and substantiated use of environmental claims in UK advertising. Since then, the ASA has published reports on consumer understanding of environmental claims and hosted a ‘Green speaking with confidence’ webinar in November last year. The seminar revealed that consumers need more clarity and transparency on sustainability claims. For example, they want specifics like how long a product takes to biodegrade. Looking ahead to 2024, the ASA is committed to working with advertisers to ensure ads are legal, decent, honest and truthful.
With this context in mind, ASA closely scrutinises environmental claims, especially ‘green’ messaging. As the UK strives for net zero, the ASA aims to prevent misleading assertions that could misguide consumers. This involves emphasising alignment between brand sustainability messages and goals. Brands must substantiate any sustainability claims with solid evidence. Given the ASA's use of AI to identify misleading environmental claims, brands should exercise caution with absolute statements like ‘environmentally friendly’ and ‘sustainable.’ Robust supporting data is essential for such claims.
“Using AI, the ASA is able to process over 100,000 ads a month”
The ASA has developed an AI tool called the Active Ad Monitoring (AAM) system which is already making impacts as it processes more than 100,000 ads a month. The AAM system takes a large-scale approach to gathering ads, and filters high priority issues, and relies on expert review to closely review and take action on the identified non-compliant ads. The ASA has planned a 5 year program from 2024-2028 to use this tool to identify misleading environmental claims as part of the Climate change and the environment project.
Misleading environmental claims such as ‘100% recycled … bottle’, ‘eco-friendly cap’ and ‘it’s nature friendly’ have often been challenged by the consumers and the ASA have often published upheld rulings for them. Last year, four environmental claims relating to the aviation industry such as ‘Eco-Friendly Aviation – Future of Sustainable Aviation’ were spotted by the AAM system and the ASA published an upheld ruling. These rulings related to the travel industry but the AAM system can be used to identify potential misleading claims across any industry, especially as all industries are making environmental claims, including cosmetic brands.
By tapping into the power of artificial intelligence, ASA is focusing its enforcement strategy on the digital frontier where brands operate online. It is now crucial for both consumers and advertisers to scrutinise brand claims on websites, apps, and social media as AI enforcement is strict and less likely to overlook the digital space. In the evolving landscape of ad regulation, grasping the basics of AI enforcement and staying alert to misleading claims is more critical than ever. ASA's move not only ensures brand accountability but also marks a pivotal moment in safeguarding consumer interests and protecting the vulnerable from misleading advertisement.
As ASA can now self investigate without needing a formal complaint it is important that companies and advertisers wanting to make environmental or sustainability claims thoroughly examine the extensive guidance on environmental claims from the ASA. Before making any green marketing claims, businesses must ensure that the claims are framed properly and are in compliance. Businesses must ensure that the environmental claims are:
Specific, not broad
Consider full product lifecycle
Robustly substantiated
Not overstating or exaggerating the truth
Businesses should carefully formulate green claims, making them detailed and supported by solid evidence. Companies must verify they can fully back up any sustainability-related messaging before publication. This due diligence will help guarantee compliance. At Bloom, we can help you with getting your environmental claims compliant for the global market including the high standards and expectations of the UK ASA.
Sayali Garud