Regulations

National Advertising Division Recommends NuOrganic Cosmetics Discontinue Eyelash Serum

Influencer videos contain unsupported express and implied claims for its eyelash serum, including “naturally grown long lashes.”

BBB National Programs’ National Advertising Division (NAD) has recommended NuOrganic Cosmetics discontinue influencer videos containing unsupported express and implied claims for its eyelash serum, including “naturally grown long lashes,” and ensure material connections to affiliates are clearly and conspicuously disclosed.

Cosmic Lash eyelash serum, $44.88, purports thicker lashes in two to six weeks.

As part of its routine monitoring process, the NAD inquiry focused on TikTok and Instagram posts including videos featuring a teen influencer who describes herself as a brand ambassador for NuOrganic. NuOrganic informed NAD that it uses TikTok’s affiliate program where affiliates request samples and promote those products in their feed based on their own personal experiences.

NuOrganic has a financial relationship with the TikTok affiliates, based on TikTok’s Seller’s Terms of Service, and has an obligation to make payments to affiliates who receive products and post about their experiences – a material connection that requires a clear and conspicuous disclosure.

NAD recommended that NuOrganic ensure any affiliates with which it has a financial relationship include clear and conspicuous disclosures of the material connection to NuOrganic in posts about the product.

In addition, NAD determined NuOrganics did not support the express claims (“This is for the girls who want naturally long lashes”; “Naturally grown long lashes”; “This [lash] extensions alternative”) and implied claims (NuOrganic’s Eyelash Serum is safe for young eyes; NuOrganic’s Eyelash Serum helps naturally grow eyelashes) found in Instagram and TikTok posts.

NAD recommended that NuOrganic discontinue the videos containing the unsupported claims. In its advertiser statement, NuOrganic stated it will comply with NAD’s recommendations.

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