Cosmetics ad for Biodermal 60+ cream

It's OK to use 'ad-speak' in advertising, certainly with cosmetics. Consumers are fully aware that they'll often see advertising hyperbole at work. But factual descriptions of effects have to be true. Since the case about Biodermal 60+ day and night cream, at the Appeal Board of the Advertising Code Commission (College van Beroep van de Reclame Code Commissie), we now know exactly how the rules on evidence stand when it comes to cosmetics ads. Omega Pharma stated on the website that this Biodermal anti-age 60+ cream "contains vitamin A. This encourages natural cell renewal and promotes a smoother, glowing complexion". The Appeal Board felt this was a vague claim at best. Omega Pharma supported the effect of Vitamin A (retynil palmitate) in the quantities it used with scientific, peer-reviewed studies. Furthermore, independent experts had their say on the effect of Vitamin A.

The ruling makes it clear that opinions from experts can be a good way of proving a cosmetics claim, and the associated conditions for this. The discussion was as to whether studies could also be extrapolated to different age or target groups. The answer is an unhesitating "yes". Expert statements could be used to show that Vitamin A had the advertised effect in all age groups, and certainly for the over 60s.

Ebba Hoogenraad and Sarah Arayess handled this case for Omega Pharma