The National Advertising Division has recommended that Vogue International, Inc. change the names for certain of its OGX shampoos and conditioners because NAD concluded that the product names were misleading.
The National Advertising Division (NAD) has recommended that Vogue International, Inc. (Vogue) change the names for certain of its OGX shampoos and conditioners because NAD concluded that the product names were misleading. Vogue’s OGX line of products is divided into collections designated by a featured ingredient, directly preceded by a product attribute. For example, the collections include Renewing Argan Oil of Morocco and Nourishing Coconut Milk. The NAD concluded that the product names create a direct link between the featured ingredient and the stated benefit, which conveys an express claim that the ingredient is responsible for the stated benefit. For example, the name Nourishing Coconut Milk conveys that the coconut milk in the product provides a nourishing benefit. Notably, NAD found that the product names made an express claim, and therefore it did not require extrinsic evidence of consumer confusion that it often requires before recommending a change to the name of a product. NAD recommended that Vogue modify its product names and packaging to clarify that the product ingredients taken together provide to the claimed benefit, not just the featured exotic ingredient.
NAD also recommended that Vogue discontinue claims that its Weightless Hydration Coconut Water Shampoo has “Zero SLS/SLES.” The NAD found that the “Zero SLS/SLES” claim is misleading because the claim conveys that the shampoo is free of sulfate, however, the shampoo contains an ingredient with a similar effect as sulfate. The NAD emphasized that advertisers should not advertise a product as being “free-of” a certain ingredient, when the product contains another ingredient with the same effect.
TIP: Companies should be able to support any express or implied claims that are made by product names. In addition, companies should not advertise a product as being “free-of” a certain ingredient if the product contains another, similar ingredient.