Note: This advice is given by the CAP Executive about non-broadcast advertising. It does not constitute legal advice. It does not bind CAP, CAP advisory panels or the Advertising Standards Authority.
Marketers have claimed that skin creams can have a cumulative and persistent beneficial effects on the skin; those might include claims about cumulative or persistent moisturisation and the cumulative and persistent reduction in the appearance of wrinkles. For example, “Moisturises your skin for X days after your last application”, “Reduces the appearance of lines and wrinkles by 67% in six weeks”, “Reduce the appearance of wrinkles in just 5 days”, “Look 5 years younger in just a month”, “Regular use stimulates cell renewal” or “Over time skin will become more radiant looking”(The Body Shop International plc, 26 September 2007). In 2008, the ASA upheld complaints about an ad that claimed "…[our cream has] been proven effective for reducing wrinkles and smoothing facial skin by up to 60% in just one month … skin thickness increased by over 8% in four months … In vivo testing showed that applications reduced wrinkles around the eyes by as much as 20% after two months and by more than 60% after 4 months … it repairs the matrix and epidermal junction to reduce wrinkle depth by 40%". The ASA considered those claims implied more than merely a cosmetic effect and would be understood as claiming a physiological action with a cumulative effect (Age Technology, 5 March 2008).
Both the ASA and CAP accept that, when used on dry skin, moisturisers have the potential to demonstrate a cumulative and persistent moisturising effect: that, with repeated use of the product, the skin could become increasingly moist and plumped up. But, although we accept that is theoretically possible, neither the ASA nor CAP has yet seen convincing evidence that any moisturiser has that type of effect. Marketers wanting to make a cumulative benefit or persistent effect claim would need to provide product-specific proof (merely presenting ingredient-specific data might be considered inadequate). They should be aware that the level of evidence is high; for example, trials might need to be carried out on the target market (to control for age and gender), the relevant area of skin and the relevant skin type. Furthermore, any benefit, such as “reduce the appearance of wrinkles by 67% by week 6” should be visible to the consumer or an impartial observer. Both the ASA and CAP are unlikely to accept such claims if they are technically true but the effect is so small that the average consumer is unlikely to perceive any change or benefit.
Marketers should note that neither the ASA nor CAP has been convinced that the application of a moisturiser to normal (as opposed to dry) skin has been demonstrated to have a cumulative or persistent beneficial effect.
Last modified : 26 July 2010