ASA Round-Up
ASA Cosmetics Rulings Round-Up 2024
In 2024, the Advertising Standards Authority (ASA) continued to keep a close watch on advertising claims made by cosmetic brands, with many rulings involving promotions on social media platforms such as Instagram and TikTok. Recent cases have addressed claims relating to an oral care product, a beauty device, and a deodorant. These rulings highlight that comparative advertising, as well as misleading or unsubstantiated claims, remain key priorities for the ASA. Environmental claims also continue to attract significant scrutiny.
Below is a summary of the upheld rulings against cosmetic brands in 2024:
Oral Care Product
The ASA upheld a complaint against a social media advertisement for an oral care product that claimed to “cancel stains in 30 seconds,” “yellow stains melt away upon application… instantly brightens,” and “instantly conceal stains from tea and coffee”.
The ASA found that consumers could interpret these statements to mean the product would instantly remove stains and whiten teeth, with results lasting beyond immediate eating or drinking, similar to conventional whitening treatments. However, the ASA considered the evidence submitted was not robust enough to support such claims. The data showed only temporary effects, not a lasting whitening result.
The ASA also noted a discrepancy between the product packaging, which described it as a post-whitening treatment for already whitened teeth, and the advertisements, which showed use on visibly stained teeth.
As a result, the ASA ruled that the advertisements must not appear again in the form complained about and instructed the advertiser not to claim the product whitens or makes teeth appear whiter beyond a short-term effect without robust supporting evidence.
Beauty device
The ASA upheld a complaint against a social media advertisement for a beauty device that claimed to be the “World’s most powerful home beauty device,” “100x more effective than LED masks,” “100x more powerful than LED,” and to “turn back the aging clock.”
The ASA considered that consumers would interpret these as absolute performance claims suggesting the device was the most effective option for anti-aging and other skin concerns, and that it was 100 times more effective or powerful than LED masks or LED technology generally. However, the ASA noted that the evidence provided compared only five products, did not include human clinical trials and had incomplete data. The ASA deemed the claims both misleading and unsubstantiated.
As with the oral care case, the ASA concluded that the advertisements must not appear again in the form complained about, and that the advertiser must not make performance or comparative claims without robust evidence.
Deodorant
The ASA upheld a complaint against a social media advertisement for a deodorant in which a woman stated, “As a breast cancer thriver I’m prioritising my health” and “I’ve seen so many positive comments about how it’s completely natural…”
The ASA considered that consumers would understand this to mean she had switched from non-natural deodorants to this “natural” deodorant for health reasons, with the emphasis on her breast cancer experience and the product’s “natural” positioning implying that traditional deodorants were harmful or potentially linked to breast cancer, which is a common unproven claim.
The ASA considered that no evidence was provided to show traditional deodorants increased breast cancer risk or that this product was safer.
As with the above two cases, the ASA concluded that the advertisements must not appear again in the form complained about, and that the advertiser must not make comparative claims without robust evidence.
Environmental claims
The ASA has also been actively monitoring environmental claims using its Active Ad Monitoring System, which employs AI to proactively identify online ads that may breach rules. Below are a few examples of advertisements with environmental claims which have been upheld by the ASA:
Airline Advertisement: An ad claimed the airline was “one of the greenest choices in air travel.” The ASA considered that consumers would interpret “one of the greenest” as meaning the airline’s environmental impact was among the lowest of all UK-operating airlines. The airline did not provide sufficient evidence to substantiate the comparative claim. The ad was banned in its current form, and the ASA instructed the advertiser to ensure that future comparative environmental claims are clear and do not mislead consumers about their flights’ environmental impact.
Coffee Pods and bags advertisement: The ASA upheld complaints against two brands that advertised their products as “compostable.” In both cases, consumers were likely to assume the products could be home composted, whereas they were only certified for industrial composting. Advertisers argued that “compostable” referred to the material, and disposal details were provided on their websites. The ASA found that the ads omitted clear and prominent disposal information, and the linked pages did not make the correct disposal route obvious. Since industrial composting facilities are not universally available, the ASA concluded that the claims were misleading. Both ads were banned, and the ASA instructed that future compostable claims must clearly specify the correct disposal method.
What is the impact for cosmetic brands who fall foul of the ASA?
ASA rulings do not result in enforcement action from the ASA. However, the impact of decisions can result in significant financial and reputational losses such as lost investments, loss of sales through reputational damage, and increased scrutiny of future materials. In some cases, referral to Trading Standards or the MHRA may also follow.
How can Bloom Regulatory help?
Overall, the 2024 rulings demonstrate that the ASA is actively monitoring online and social media advertising, employing both traditional complaint routes and AI-driven proactive systems. For cosmetic and consumer brands, it is important to ensure all claims are truthful, substantiated, and communicated transparently to consumers.
At Bloom Regulatory we can help ensure that your advertisements are compliant across all media, build the substantiation for your claims or compile your dossier for Clearcast submission (for broadcast advertising). Contact us if you need further information.
Sayali Garud