Nad AnnouncedFenty Skin LLC has substantiated the following key performance claims for Melt AWF Jelly Oil Makeup-Melting Cleanser:
- “AWF melts away long-wear, waterproof makeup, sunscreen, dirt, oil, and impurities in one fell swoop.”
- “This unique jelly texture gently cleanses, nourishes and conditions skin without stripping or drying it.”
- “In a survey of 52 people, after one use, 100% said it gently cleansed their skin and left it feeling clean and refreshed, 96% said it cleansed without stripping their skin, and 92% said it removed their makeup.”
As confirmed in a recent press release, NAD “concluded that the product demonstrations featuring influencers were supported by evidence and that the videos were accurate and not exaggerated.”
However, the NAD reviewed the brand’s advertising disclosures and recommended that “Fenty Skin should request paid influencer Crème Fatale to amend the Instagram post at issue to include a clear and conspicuous disclosure of the connection to the material in the video demo itself, and that Fenty Skin should provide a similarly amended disclosure when it reposts the video on its Instagram page,” the press release stated.
Decisions Regarding Product Performance Claims
Substantiation for Fenty Skin’s claims includes independent clinical trials and consumer usage studies, as well as evidence of the mechanism of action of oils and oil-soluble cleansing substances, the release said. As a result, NAD “concluded that these results provide a reasonable basis for Fenty Skin’s claims regarding the product’s performance.”
Additionally, NAD reviewed a product demonstration of Melt AWF Cleanser by TikTok influencers Sarah Novio and Crème Fatale, which was reposted on Fenty Skin’s corporate Instagram account. As reported in the release, NAD determined that Fenty Skin’s clinical and research findings substantiate the message that Melt AWF Cleanser effectively breaks down and removes waterproof makeup in just one use.
Decision on Approval Disclosure
Despite ruling in favor of the company’s performance claims, the NAD recommended amending its disclosure practices regarding influencer endorsements. Specifically, the NAD suggested that “Fenty Skin request that Claims Fatale amend the Instagram post at issue to include a clear and conspicuous disclosure of the association with the material within the video demo itself,” the press release stated. Additionally, Fenty Skin was recommended to include the amended disclosure when reposting the video.
During the review process, Crème Fatale’s Instagram “was updated to include a ‘paid partnership’ disclosure and both the hashtags #ad and #sponsored in the caption,” the release reported. Similarly, Fenty Skin’s Instagram page was updated to include #AD in the caption. Despite these updates, NAD recommended further revisions to ensure clear disclosures in the video content itself.
According to an NAD press release, Fenty Skin told NAD that it had asked Sarah Novio to update her TikTok and Instagram posts to clearly disclose that she received the products for free. The brand “will remove these posts from our Instagram and will only repost them once the disclosure has been corrected by Ms. Novio,” the release confirmed. For compliance purposes, NAD is treating this as if it recommended the correction.
Conclusion and Compliance
During the legal proceedings, Fenty Skin informed NAD that it had permanently stopped using the term “clean” on its product packaging and online platforms, and therefore NAD did not consider the claim on its merits.
In an advertiser statement, Fenty Skin expressed its commitment to comply with the NAD’s decision and emphasized its support for the self-regulatory process and its appreciation for the NAD’s thorough review, the announcement concluded.
The findings from the NAD underscore the importance of substantiated claims and transparent disclosure practices in influencer marketing to ensure consumers receive accurate and trustworthy information about cosmetics and personal care products.
