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Published on September 19th, 2013

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L’Oréal Mascara

NAD has recommended that L’Oréal discontinue the use of eyelash inserts in advertisements that make “quantified performance claims” (e.g., 50% more volume) or prominently disclose their use.

NAD investigated two L’Oréal mascaras to determine if it could support performance claims: L’Oréal Paris Telescopic Shocking Extensions and Maybelline Rocket mascara. It found that L’Oréal could support express claims such as:

  • “8X Bigger. Smoother. Even.”
  • “Our Patented Supersonic Jumbo Brush with Micro Bristles.”
  • “Loads on Big, Sleek Volume Instantly.  Our Fast-Glide Formula Keeps Lashes Smooth, Even.”
  • “Ready for a shock? L’Oréal Introduces Liquid Lash Extensions.” 
  • “Length + Impact Without Extensions.  Now surround lashes base to tip for the high-impact look of extensions from a mascara.”
  • “Incredible design: The lash-hugging brush is contoured with 200 bristles to intensify every lash.”

However, NAD did take issue with L’Oréal’s use of altered images in advertisements for Maybelline Rocket mascara. According to NAD, the advertisements imply that the glamorized images are an accurate depiction of the product’s performance.

L’Oréal argued that consumers do not expect images to be product demonstrations and defended its advertisements. It said there is “nothing false or misleading about featuring a model in a mascara ad who obviously is wearing lash inserts that change the shape of her lash line.”

L’Oréal is appealing NAD’s decision.

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The National Advertising Division, or NAD, is an investigative unit of the advertising industry’s system of self-regulation. It is administered by the Council of Better Business Bureaus. NAD asks advertisers to substantiate or change their claims in advertisements. As part of a voluntary system of self-regulation, however, its recommendations can be ignored by the offending advertisers. In those instances, NAD refers the offender to federal consumer protection agencies.

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