In a recent decision, the National Advertising Division (NAD) took a stance against using lash inserts in mascara advertising making specific performance claims. In that decision, a tiny disclaimer stating "lashes styled with inserts" was not sufficient and contradicted the ad's message.
The same reasoning would appear to be applicable in Canada. Canada's Advertising Standards Canada (ASC), the Canadian equivalent to the NAD, has found in a number of cases that the "use of false eyelashes/inserts in mascara commercials is important information that must be clearly communicated so that viewers understand the basis for the depiction". ASC has held that it is insufficient to disclose this fact in a super that does not appear on the screen long enough to be read and understood by consumers. Interestingly, the Canadian Cosmetic Toiletry and Fragrance Association has not taken a position on the use of eyelash extensions in mascara advertisements.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.