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 INFORMATIONDELETE PLAYLIST
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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.”
“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.
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 GénifiqueRepair 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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