Prose’s “225k 5-Star Product Reviews” Claim Supported with Qualification: NAD

The National Advertising Division (NAD) of BBB National Programs determined that PerSé Beauty Inc./Prose provided a reasonable basis for the claim “225k 5-star product reviews on Review and Refine” for its customizable hair products. However, NAD recommended that the advertiser clearly disclose qualifying information related to how it collects and counts reviews.

Prose formulates a customer’s product from an online hair and lifestyle survey and continuously tailors the formula based on the customer’s post-purchase feedback, a process it refers to as its “Review & Refine” experience. As part of its process, Prose solicits star ratings on aspects of the customer’s experience after each purchase—overall experience, satisfaction per product, and various product attributes. It may revise its formulation of the product after each purchase based on the consumer’s feedback. For example, if the customer indicated that they would prefer a stronger fragrance – that adjustment is made on subsequent purchases. The iterative process of reviewing and refining happens every time the customer orders.

This case was initially brought as a Swift challenge by Function, Inc. against Prose with regard to the advertiser’s “over 192,000 5-star product reviews claim.” In that decision, NAD noted that nothing in the context of the challenged unqualified “192,000 5-star product reviews” claim, or the claim itself, alerts consumers that its count of 5-star reviews is based on Prose’s “Review and Refine” experience. NAD determined that the evidence in the record was insufficient to support the challenged “over 192,000 5-star product reviews” claim and recommended that it be discontinued. In the prior proceeding, NAD did recommend, however, that Prose could make a claim based on aggregated product reviews provided it discloses that they were solicited in a neutral manner as part of the “Review and Refine” process from verified purchasers.

Subsequently, Function filed a compliance inquiry regarding concerns about Prose’s revised “225k 5-star product reviews” claim as well as Prose’s failure to adequately disclose how the “Review and Refine” tool impacts its 5-star claim. NAD closed the compliance inquiry upon concluding that the advertiser had made a good faith effort to comply with NAD’s decision by modifying references to “Review & Refine” to state that reviews are based on a back-and-forth process of altering and re-reviewing the product to increase customer satisfaction.

NAD granted Prose’s petition to reopen the underlying matter as to the advertiser’s revised “225k 5-star product reviews” claim. Given that the challenger did not wish to participate in the reopened matter, NAD proceeded with the matter as if the claims at issue were assessed in the Standard Track as part of NAD's independent monitoring of truth and transparency in US national advertising, said NAD.

In its analysis of whether Prose’s claims about its consumer reviews are supported, NAD determined that Prose’s solicitation of reviews is reliable, the advertiser instituted mechanisms to ensure reviews were properly collected and assessed, and the survey design was reliable. However, NAD noted that Prose uses the 5-star review claim throughout its advertising without important qualifying information related to how it collects and counts reviews. Therefore, although the claim “225k 5-star product reviews on Review and Refine” is supported by a reasonable basis, NAD recommended that the advertiser clearly disclose that:

• Prose’s star ratings are counted on a per product, not per order, basis; and
• The number of 5-star reviews include 5-star reviews of reordered products which initially received 5-star reviews.

Further, NAD concluded that the inclusion of only positive reviews on the advertiser’s website was not misleading because Prose demonstrated that the reviews reflect typical customer experience and the honest opinions of verified purchasers.

In its advertiser statement, Prose stated that it “appreciates NAD’s guidance and will proudly comply with its recommendation.”

In 2021, Prose challenged Function's claims through Swift Track.

Earlier this year, Prose expanded into Canada.