Beauty Industry

Claims Substantiation

It is about what you say, what you imply and how you back it up

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By: Jamie Matusow

Editor-in-Chief

For an industry that’s built around selling hope in a jar, companies must tread lightly when it comes to products claims.

Make a product that doesn’t deliver or promises too much and you are likely to catch heat from governmental agencies, the competition and even consumers—and all have consequences, according to experts who spoke at HBA’s “Generating Consumer-Believable Claims” session today.

Moderated by Jim McParland, director of claims substantiation at L’Oréal, the session kicked off with a presentation by Maryellen Molyneaux, president of the Natural Marketing Institute.She presented at look natural personal care products and today’s consumers, calling 2010 the “tipping point” for sustainable personal care.

According to Ms. Molyneaux, almost half of the general population has purchased natural organic personal care in the past year. Within personal care, it is the LOHAS consumers who are most likely to gravitate the specific green, natural and organic claims on packaging and advertising, and they are also the ones who are pushing the natural trend through to other consumers. “They are the ones that help you sell through the public. You want to have them on board for good reason,” Ms. Molyneaux said.

But those same consumers are the ones who will call your company out if a product falls flat on natural and performance claims. “They are the ones who will ask what kind of test? Where can I find results? They are web searchers. They are much more inquisitive,” she said.

“Consumers want proof, but they aren’t the only ones,” commented Georgia Ravitz, an attorney with Arent Fox, who followed Ms. Molyneaux’s presentation.Ms. Ravitz was referring to FDA, FTC and NAD—the agencies that have interest in and monitor claims.

Ms. Ravitz discussed types of claims and cited cases in which those claims were questioned by agencies such as NAD. Among several CPG examples, she cited recent cases involving Wrinkle-Free Eyes, a product sold by University Medical Pharmaceuticals, as well as skin care products from Neutrogena. According to Ms. Ravitz, regarding Neutrogena, the firm had studies which NAD found substantial to back the cliams, while the other firm did not.

“I can’t go to sleep at night and neither can my employees if we are making claims that can’t be proven. Exercise business integrity,” said Brian Jennings, founder and chief executive officer of Videsante, a pharmaceutical company.

According to Mr. Jennings, companies need to have excellent market research and consumer insight, and need to validate those trends as they shape a product’s profile. And most importantly he said, companies should ask: “What claims must you be able to make to have that product succeed in the marketplace.”



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