FTC and L’Oreal’s false ‘scientific’ tests by Victoria Haviland | Nick Papadis | April 23, 2016

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FTC and L’Oreal’s false ‘scientific’ tests by Victoria Haviland

by Nick Papadis Show/Hide
The key legal issue in this case is deceptive advertising. In 2014, L’Oreal, a French cosmetics and beauty company created an advertising campaign for Lancome Genifique and L’Oréal Paris Youth Code skin care products. The ads guaranteed anti-aging benefits – and Lancôme Génifique line claimed that, “Genes produce specific proteins. With age, their presence diminishes. Now, boost genes’ activity and stimulate the production of youth proteins.” Promising “visibly younger skin in just 7 days.” (“FTC to L’Oréal: Scientific claims need proof that’s more than just skin deep.”) Additionally, L’Oréal stated that its claims were “clinically proven” and that consumers could “crack the code to younger acting skin.” (“FTC to L’Oréal: Scientific claims need proof that’s more than just skin deep.”) The FTC discovered that the publicized “studies” failed to test the products including any of their ingredients. The FTC complaint stated that L’Oréal made false and unsupported claims. (“FTC to L’Oréal: Scientific claims need proof that’s more than just skin deep.”) In order to settle the deceptive advertising case, L’Oréal agreed to discontinue making gene-related claims regarding their facial skin care products unless supported by competent and reliable scientific evidence. This case addresses the widely used practice issue of deceptive advertising, specifically with beauty products. Lastly, marketers must support their claims with accurate and sufficient evidence in order to ensure customer satisfaction and prevent lawsuits.    EDIT PLAYLIST INFORMATION DELETE PLAYLIST

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  1. 1 Show/Hide More Summary article titled "We’re not getting any younger: L’Oréal settles FTC charges over deceptive anti-aging claims"
    Article gives an abbreviated version of the information related to the FTC's charges against L'Oreal.
    1. 2.1 Show/Hide More FTC Charges on Deceptive Cosmetic Advertising
      The link provides an overview of L’Oreal’s false “scientific” tests and the company “has agreed to settle Federal Trade Commission charges of deceptive advertising.”
    2. 2.2 Show/Hide More Complaint filed against L'Oreal
      This Complaint lists the various claims made by L’Oréal advertisements. The exhibits elaborate L’Oreal’s use of “false advertisements, in or affecting commerce in violations of Sections 5(a) and 12 of the Federal Trade Commission Act.”
    3. 2.3 Show/Hide More AGREEMENT CONTAINING CONSENT ORDER
      “Agreement by L’Oreal and FTC Containing Consent Order.” The consent order is used to resolve allegations. The agreement clarifies and provides the following definitions: “commerce”, “competent and reliable scientific evidence”, “cosmetic”, “covered product”,  “including”, “and”, “or.” The settlement states that representation for L’Oreal must be “true, non-misleading.” L’Oreal is prohibited from making gene-related claims regarding their facial skin care products unless supported by competent and reliable scientific evidence.
  2. 3 Show/Hide More Ads from the L'Oreal Case (multimedia)
    FTC released six exhibits: L’Oreal advertisement photos. The advertisements illustrate L’Oreal’s false claims, “Clinically proven. Use AM and PM for powerful skin results in 7 days. In addition, Exhibit B suggests that by using the product at night, (New Génifique Repair Youth Activating Night Cream) will “boost the activity of genes” and “night after night, skin is visibly younger and rested, as if you had slept 2 extra hours.”
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April 25, 2016

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Nick Papadis

American University

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