While the Advertising Self-Regulation Council’s National Advertising Division (NAD) has found that Procter & Gamble Co. can support express advertising claims for Covergirl® “Clump Crusher” mascara, including “200% more volume” and “The new curved brush crushes clumps as it builds volume,” it recommended that the company cease artificially enhancing its model’s eyelashes. NAD suggested that P&G either stop using artificial lash enhancements or alert consumers that “the images depict the volume achieved when CC Mascara is used together with lash inserts.” The company found the recommendations reasonable and said it would take them into account in future advertising.
NAD has also recommended that Supragenix, LLC discontinue certain advertising claims related to its “CB-1 Weight Gainer” dietary supplement. The company reportedly decided not to provide substantiation for claims, since abandoned, that its product is “the only Safe and Effective All-Natural weight gain supplement”; the “only” solution “to gain weight, bulk up, or add some sexy curves”; and “[t]he #1 solution for rapid weight gain.” NAD determined that discontinuing the claims was necessary and appropriate and that they should not be used in further advertising; it also recommended that the company cease claiming (i) “Average weight gain of 9.4 lbs. in only 4 weeks,” (ii) “stimulates appetite and slows metabolism,” and (iii) “CB-1 produces an actual increase in body mass that you keep when you stop taking it, not just temporary water weight.” The company reportedly challenged NAD’s findings, but said it would modify its claims to conform to the industry self-regulatory watchdog’s decision. See ASRC Press Release, September 27 and October 7, 2013.