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.
There are three main causes of hair loss:
a) Alopecia Areata, patchy hair loss that results in distinct bald patches and can develop on any area of the scalp. It can affect the eyebrows and eyelashes or, more rarely, the entire body.
b) Hair shedding (Chronic Telogen Effluvium), is a change in the proportion of growing (anagen) to resting (telogen) hair. It is common in women after childbirth. If the problem persists, hair volume reduces but it is largely reversible without intervention, To date, neither the ASA nor CAP have seen evidence that any product can treat or help with hair shedding. Marketers that claim to treat hair shedding should make clear they are not claiming to treat other causes of hair loss (Irish Response, 6 June 2006).
c) Androgenetic Alopecia (also known as male-pattern baldness) is a diffuse loss of hair between the crown and the frontal hairline. Women progressively lose hair from just behind the front hairline and hair density reduces but the hair may remain relatively normal in appearance.
Marketers offering treatments for any of those conditions should ensure that they hold relevant substantiation or, if they hold a Marketing Authorisation from the Medicines and Healthcare products Regulatory Agency (MHRA), that their claims do not go beyond those allowed by the authorisation (Pentoc Ltd, September 2000).
The only two authorised treatments for Androgenetic Alopecia are Finasteride, an anti-androgen therapy, and Minoxidil. (Pharmacia & Upjohn Ltd, September 1998. See also ‘Prescription-only medicines’). Minoxidil is available in two forms: as an external treatment (between 2% and 5% solution), available in chemists or as a stronger prescription-only medicine. Clinical trials have demonstrated both those therapies to be effective in improving hair growth. The best effect is obtained if they are used at the earliest possible stage of hair loss, because their effect depends on the stimulation of existing hair follicles. Later in the disease, hair follicles are completely lost from the affected areas of scalp and, at that stage, hair transplantation is the only treatment effective in reinstating hair growth.
Prescription-strength Finasteride and Mindoxidil should not be advertised to the public because they are prescription-only medicines - rule 12.12 (Belgravia Trichological Centre, 22 November 2006, and Ashley and Martin, 29 March 2006).
Marketers who offer treatments that include but are not limited to non-prescription Minoxidil should not imply the efficacy of the whole treatment is proven if it is not (Pentoc Ltd, 14 July 2004, and Hair Loss Centre, 5 May 2004). Marketers should not use celebrities to advertise medicines and that includes Minoxidil (Advanced Hair Studio, 30 May 2007).
Marketers with ads that feature several treatments should take care to ensure no confusion about which product is being linked to which claims or which endorsement (Advanced Hair Studio, 30 May 2007; Advanced Hair Studio, 17 May 2006, and Advanced Hair Studio, 2 February 2005).
Marketers offering hairpieces or wigs should not describe them in a way that confuses readers into thinking they offering treatment for hair loss (Hair Techniques, 2 February 2005, and Pentoc Ltd, 26 June 2002).
The ASA has investigated complaints about several ads for laser therapy products that claimed to treat hair loss. To date, the ASA has upheld all those complaints because of a lack of substantiation (Pentoc Ltd, 14 July 2004; Hair Loss Centre, 5 May 2004, and Hair Loss Centre, 13 August 2003).
CAP has seen evidence for one laser product, the Hairmax Laser comb, that has received FDA approval. We understand that, although it has been shown to increase the thickness of existing visible hair, that product has not been shown to cause hair regrowth. Furthermore, the product has been shown to work only on certain hair and skin types and only over a six month period. We recommend marketers of that product to consult the Copy Advice team for advice about claims likely to be acceptable.
Marketers who use ‘before’ and ‘after’ photographs should ensure that they accurately reflect the results of the product used (Healthtec UK Ltd, 6 August 2003 (complaint 4), and Pentoc Ltd, 13 February 2002).
Last modified : 26 July 2010