NAD’s inquiry into PrettyBoy advertising specifically focused on how the company presented a third-party health rating and whether visual performance claims were adequately supported.
Commenting independently on the case, Jennifer Adams, partner at Amin Wasserman Gurnani LLP, told CosmeticsDesign that the case underscores a broader point for cosmetics marketers using third-party certifications or ratings.
“Truthful and accurate third-party certifications can potentially still be confusing or misleading if the standards underlying it are unclear,” said Adams, adding that “FTC’s Green Guides cover this principle for environmental claims, but this case is an important reminder this is still good guidance for other advertising claims as well.”
NAD reviews ‘100/100 Health Score’ claim tied to Yuka app
NAD opened the inquiry after identifying claims on PrettyBoy’s website referencing a “100/100 Health Score (via the Yuka App),” according to the organization’s recently published case decision.
The Yuka mobile application allows users to scan product labels and review ingredient assessments. The platform assigns scores based on its evaluation of ingredients and their potential impact on human health or the environment.
According to the decision, Yuka gave PrettyBoy’s Revival Recovery Gel Moisturizer a “100/100” score because it does not contain what the app categorizes as “harmful parabens” or a “harmful UV filter.” The app also lists the product’s ingredients as “risk-free.”
NAD determined that the webpage displaying the claim did not clearly explain how the rating was calculated. As a result, NAD recommended that PrettyBoy modify the advertising to clarify the basis for the ranking so consumers understand what the score reflects.
“Here, a ‘health score’ could have many interpretations, not all of which may be supported,” Adams said. In Adams’ view, the decision does not challenge the use of the score itself but focuses on transparency around the rating.
“NAD doesn’t object to the claim and instead recommends PrettyBoy to just provide more information on what was used to determine the score,” she added.
Performance claims and eczema-related imagery face scrutiny
NAD also evaluated before-and-after photographs appearing in PrettyBoy’s advertising. The decision notes that these types of images function as product performance claims and must therefore be supported by evidence reflecting the results consumers can reasonably expect from using the product.
The photographs depict reductions in redness associated with eczema as well as improvements in fine lines and under-eye bags. NAD determined that these types of measurable skin improvements require substantiation, and claims tied to eczema require competent and reliable scientific evidence.
PrettyBoy cited the National Eczema Association Seal of Acceptance for two of its products.
NAD found that the certification alone, without supporting testing, was insufficient to substantiate the visual claims in the advertising and recommended discontinuing the before-and-after photographs.
Compliance and implications for cosmetics marketers
During the inquiry, PrettyBoy permanently discontinued a separate claim stating “Trusted by 20,000 Men (5-star rating).”
Because the claim was withdrawn, NAD said it did not review the statement on its merits and will treat it, for compliance purposes, as though the division recommended discontinuation and the advertiser agreed to comply, the case decision confirmed.
In its advertiser statement, PrettyBoy said it “appreciates NAD’s review and will comply with NAD’s recommendation.”
Adams noted that greater transparency around third-party certifications can also help companies manage risk beyond advertising review.
“Describing the certification’s basis and providing further information on its standards can also be an effective risk management strategy for consumer class actions as well,” Adams said. “Consumers would have difficulty arguing they thought the certification conveyed a particular message when the plain language says something different.”
CosmeticsDesign reached out to PrettyBoy for comment, but did not receive a response as of this writing.
