Source - Dietary Supplement & Cosmetics Legal Bulletin

NAD Finds Fenty Skin Cleanser Claims Supported, Recommends Changes for Influencer Disclosures

The BBB National Programs' National Advertising Division (NAD) has ruled that Fenty Skin LLC provided a reasonable basis for certain product claims made during product demonstrations on social media featuring influencers but recommended the company modify its paid partnership disclosures. In a news release, NAD said the determination was part of its routine monitoring program. NAD reviewed claims made by influencers Sarah Novio and Crème Fatale during product demonstrations on TikTok, reposted by Fenty Skin to its Instagram page, about Fenty Skin’s Melt AWF Jelly Oil Makeup-Melting Cleanser, including:

  • “From longwear or waterproof makeup, sunscreen, dirt, oil + impurities melt that… AWF in one go.”
  • “This unique jelly texture gently delivers clean, nourished + conditioned skin without the stripping or drying.”
  • “In a study of 52 people after 1 use ‘100% agreed it gently cleanses skin leaving it clean and fresh, 96% agreed that it cleansed skin without stripping, 92% agreed it removes makeup.’”

NAD concluded that product demonstrations were supported by the evidence and the videos were accurate and not enhanced. However, the board recommended Fenty Skin modify how the influencers disclosed their paid partnerships; during its proceeding, Crème Fatale's Instagram was updated to include both the “paid partnership” disclosure and hashtags #AD and #SPONSORED in the caption, and Fenty Skin's Instagram post was updated to include #AD in the caption.

“Although NAD found that Crème Fatale’s ‘paid partnership’ disclosure tells viewers there is a material connection between Fenty Skin and Crème Fatale, NAD recommended that Fenty Skin require Crème Fatale to modify the challenged video demonstration post to include a clear and conspicuous material connection disclosure in the video itself,” NAD said. “NAD further recommended that Fenty Skin’s re-post of this video to its own Instagram page should likewise have a modified disclosure.” Fenty Skin indicated it requested that Novio update the challenged TikTok and Instagram posts to include a clear disclosure she received the product for free, and Fenty Skin removed the post from its Instagram and will only repost with the updated disclosure.

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