This month the Advertising Standards Authority (the "ASA") published the findings of its latest cosmetics advertising survey, reporting that 93% of the cosmetic advertisements examined between 12 July 2007 and 12 September 2007 were in compliance with the Code.

During the survey a total of 445 cosmetics advertisements across a range of media including television, radio, posters, the Internet and the press were monitored. In contrast to the ASA's previous survey in 2006 the main focus of this investigation was skin products such as face and body creams, acne treatments, fillers, make-up, perfumes and men's cosmetics.

28 of the 32 advertisements held to be in breach of the Code were press advertisements. The greatest cause for concern was the relatively low compliance rate of advertisements for skin creams, with 19% (being 24 out of the 126 skin cream advertisements reviewed) held to be in breach of the Code. In general, advertisements for skin creams targeted at women tended to include strong efficacy claims that the ASA found to be unsupported by the evidence available to it. It is interesting to note that although 35 of the advertisements surveyed were for men's cosmetics, and half of those were for men's skin creams, no breaches were identified. In contrast to their female counterparts claims in men's skin cream advertisements tended not to focus as heavily on efficacy.

The main issues identified by the survey included:

  • Inadequate evidence for anti-ageing and skin-regenerating claims;

  • Unsubstantiated claims that a product could improve skin elasticity and firm and tone the skin;

  • Failures in the evidence supporting skin rejuvenation claims; and

  • Medicinal claims for products without MRHA marketing authorisations.

The compliance rate of 93% comes at the end of a two-year joint project with industry designed to promote greater clarity about the requirements of the Code, yet it suggests no significant change in compliance since the previous survey in 2006. Indeed, when compared to sectors such as telecoms, food, gambling and alcohol, themselves subject to recent reviews by the ASA, the compliance rate of cosmetics advertisements is still low.

However, the ASA is optimistic that continued monitoring and collaboration with industry and clearance bodies to ensure that there is a clear understanding of the strength of evidence required for cosmetics claims will increase compliance. Whilst acknowledging that areas for improvement exist, the ASA Director General Christopher Graham remained upbeat, stating that, "It is good to see the Health and Beauty sector, where competition is so fierce, working to maintain consumer confidence through truthful advertising."

This article was written for Law-Now, CMS Cameron McKenna's free online information service. To register for Law-Now, please go to www.law-now.com/law-now/mondaq

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The original publication date for this article was 19/05/2008.