Construction & Engineering News South Africa

Consumers scarred by claims

The Advertising Standards Authority (ASA) has ordered Johnson & Johnson (J&J) to amend packaging and withdraw all offending advertising for its product Pure Tissue Oil. This ruling follows a complaint made by Union Swiss, manufacturers of Bio-Oil, claiming that J&J's packaging and advertising for Pure Tissue Oil contained unsubstantiated claims and were therefore misleading to the consumer.

The manufacturers of Bio-Oil, Union Swiss, lodged a complaint with the ASA against Johnson & Johnson. The complaint related to claims made on packaging and advertising for J&J's recently-launched Pure Tissue Oil.

These complaints asserted that the material:

  • Contained vague and unsubstantiated assertions, in breach of the Code of Advertising Standards Practice (The Code);
  • Made claims of a medicinal nature, in which case the product should be registered with the Medicine Control Council (MCC), and should comply with the MCC's rules and regulations.

    Union Swiss drew attention to these specific claims (among others) made by J&J, which it contended contravened The Code:

  • The claim of "visible results in 4 - 6 weeks", which requires substantiation;
  • The claim of "reduces stretch marks and scarring with visible results", which appears to be a medical claim, as opposed to a cosmetic claim;
  • The claims of "formulated to repair"; "clinically proven to repair"; "repair and protect"; and "perfect skin repair kit", which appear to be medical claims, as opposed to cosmetic claims.

    In addition, Union Swiss lodged a complaint against J&J's television commercial, which appears to be endorsed by an entity called 'Medifacts', creating the impression that the product is medicinal and not cosmetic.

    In a hearing in mid-May, the ASA upheld these complaints, ruling that several of J&J's claims were unsubstantiated and therefore misleading. It also ruled that many of the claims were medical in nature, creating a false impression that the product was medicinal in nature and not merely cosmetic. J&J was ordered to amend its packaging material accordingly and withdraw all offending advertising, including its television advertisements that have been flighted extensively.

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