NAD Decision Addresses Expert Recommendations – Social Media

Does Hyaluronic Acid Help to Fight Signs of Aging? At Ad Law
Access, we are known just as much for the naturally youthful
appearance of our writers as we are known for the quality of our
content, so we don’t have any personal experience in this area.
But this very question prompted a new NAD decision that involves a
number of areas where we do have relevant experience.

Naked & Thriving, a family-owned skincare business, also
runs The Bare Beauty Babes blog. One post on that blog started,
much like this one does, with the question of whether hyaluronic
acid can fight signs of aging. Unlike this post, though, that one
included an answer to the question. In that post, a dermatologist
claimed that she had “tested hundreds of hyaluronic acid
serums” and found “5 that actually work.” A Naked
& Thriving product came in first.

NAD wrote that endorsements from experts “must be supported
by an actual exercise of the expertise that the expert is
represented as possessing” in evaluating features which are
relevant to an ordinary consumer’s use of a product. NAD
requested information about the dermatologist’s expertise and
the methodology she used to evaluate the “hundreds” of
serums. Apparently, the advertiser didn’t provide it because
NAD noted that there was “no evidence in the record” on
either point.

The same claims that appeared on the blog also appeared in
social media posts which were labelled as “sponsored.”
Echoing concerns similar to ones FTC staff expressed in warning letters last year, NAD noted that a
“sponsored” disclosure “might be insufficient if the
viewer does not know who is the sponsor of the post. That is
particularly true where, as here, a health professional is posting
and endorsing a product.” The posts should have been more
clear that Naked & Thriving was the sponsor.

On a related note, at the start of NAD’s inquiry, the bottom
of each page of The Bare Beauty Babes blog included a disclosure in
“very small print” stating: “The content on this
site is sponsored and The Bare Beauty Babes may earn a portion of
sales from products that are purchased through our site as part of
our Affiliate Partnerships.” During the course of the inquiry,
Naked & Thriving added a more prominent disclosure to the top
of each page stating that it owned the blog. It also stopped
recommending products.

If you asked us about how to fight signs of aging, we might give
you some tips, but we’d probably direct you to consult a
reputable health care professional. If you asked a reputable health
care professional how to advertise an expert endorsement,
they’d probably just direct you to consult us. In that case,
we’d be happy to talk to you at length. For now, though,
we’ll highlight two lessons you should take away from this
decision.

• First, this decision demonstrates why it’s important to
  document the expertise your experts have and the methodology behind
  their recommendations. Simply saying that an expert is a doctor,
  for example, may not be enough.

• Second, this is the latest in growing line of cases in which
  NAD, FTC, and even competitors are challenging how endorsers (or
  influencers) disclose that they are working with the companies
  whose products they promote. Take a look at how your disclosure
  practices match up with these recent cases.

The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.