Health & Beauty

Advert 1:
A video on TikTok featured the product ‘Blue Bomb’ and stated:

“Introducing the newest beauty solution from Sadies Secrets Blue Bomb. Cooling eye and skincare stick designed to support women through perimenopause and menopause. It helps to calm hot, red, flushed skin and is safe to use around the eyes to reduce puffiness and dark circles. Compact and portable, Blue Bomb is your on the go for instant icy relief anytime, anywhere. Stay cool, calm and collected with Blue Bomb. Pre order now at sadies-secrets.com”

Video 2:
A video on TikTok, filmed in a shopping centre, depicted members of the public being demonstrated the product.

On screen text that featured during the video included:
“Testing out Blue Bomb at our Liffey Valley pop up.”
“Blue Bomb is the perfect addition to anyone’s morning skincare routine.”
“Blue Bomb is perfect for anyone experiencing symptoms of perimenopause”

Statements made by those featured in the video included the following:
“takes down any puffiness”
“and there’s collagen in this as well which is great for the skin.”
“This is great for hot flushes”

The complainant objected to the advertising on the following grounds:

Issue 1:
The complainant considered that medical claims had been made for a cosmetic product. The complainant noted specifically the claims in advert one that the product was ‘designed to support women through perimenopause and menopause’ and the claim in advert two that it was ‘great for hot flushes’. Overall, the complainant believed that the advertisements used medical style claims that suggested the product could treat or alleviate menopausal symptoms, which they believed exceeded what was permitted for cosmetic products.

Issue 2:
The complainant considered the claim that the product contained collagen in advert two was misleading as there was no reference to collagen in the ingredients list.

The advertisers said that they took their responsibilities under the Code very seriously.

Issue 1:
They said that Blue Bomb was marketed and sold as a cosmetic product intended to provide a temporary cooling, soothing and refreshing effect to the skin and was not intended to treat, prevent, or alleviate any medical condition.

They said that the phrase “great for hot flushes” in advert two was used informally in reference to the product’s cooling sensation when applied to the skin and was not intended to imply treatment or relief of a medical condition. They acknowledged that the phrasing could potentially be interpreted as a medical claim. They said that, as a precautionary measure, the wording had been removed from all marketing materials and would not be used in future communications.

In regard to the use of the statement in advert one “designed to support women through perimenopause and menopause”, they said that this was intended to describe its cosmetic cooling properties during times when individuals may experience feelings of warmth or discomfort. They said that they did not intend to suggest any hormonal or physiological effects and the phrasing had also been discontinued to avoid ambiguity.

Issue 2:
The advertisers said that the claim in advert two that the product contained collagen was made in error during an informal commentary. They said that the product did not contain collagen as an ingredient, and they regretted the inaccuracy and had reviewed their internal content approval processes to ensure that all ingredient references were verified against the INCI list prior to publication.

Complaint Upheld

The Complaints Council considered the detail of the complaint and the advertisers’ response.

Issue 1:
The Council noted that advertisements had made claims that the product was designed to support women through perimenopause and menopause and that the claims had been made informally and had since been removed.

The Council noted the requirements of the Code that claims about health and beauty products and treatments should be backed by substantiation. Where relevant, this should include the results of robust and reputable trials on human subjects, of sufficient rigour, design and execution as to warrant general acceptance of the results (S. 11.1).

While the Council noted that the claims had meant to reflect the product’s cooling sensation on the skin, they considered that references to ‘perimenopause’, ‘menopause’ and to one of its symptoms, ‘hot flushes’, implied a medical claim and in the absence of evidence of such a claim, was in breach of Section 11.1 of the Code.

Issue 2:
The Council noted that advert two had included a statement that the product contained collagen which had been made in error during an informal commentary.

The Council noted the requirements of the Code that a marketing communication should not mislead, or be likely to mislead, by inaccuracy, ambiguity, exaggeration, omission or otherwise. The Council considered that the reference to collagen could mislead consumers as to the products ingredients and in the circumstances, the advertisement was in breach of Section 4.1 of the Code.

Action Required: As the advertising claims had been withdrawn, no further action was required.

The Council reminded advertisers to ensure all claims in advertising could be supported by evidence.