The Advertising Standards Authority ("ASA") has recently taken a firm stand against companies advertising LED masks with unauthorised medicinal claims.
LED masks are cosmetic devices that use light emitting diodes to stimulate skin cells. The popularity of these devices has surged in recent years, frequently appearing on influencers’ social media pages.
Which companies were affected?
According to the ASA, Project E Beauty LLC, Invention Works BV (trading as Silk'n), Beautaholics Ltd and Luyors Retail Inc all recently breached Rule 12 of the UK Code of Non broadcast Advertising and Direct and Promotional Marketing ("CAP Code") by making medicinal claims in influencer content, suggesting that their devices could treat and prevent acne and, in the cases of Project E Beauty LLC and Beautaholics Ltd, rosacea.
Understanding Rule 12
Rule 12.1 of the CAP Code defines medicinal claims as statements that a product or its components can be used to diagnose, treat or prevent a disease. These claims must be objective, supported by evidence and can only be made if the product is licensed by the Medicines and Healthcare Products Regulatory Agency ("MHRA") or, where relevant, by the Veterinary Medicines Directorate or European Medicines Agency.
ASA enforcement and AI monitoring
All four companies have been instructed by the ASA to remove content containing these medicinal claims. Notably, the ASA used AI technology to identify these instances of non-compliance, signalling that cosmetic and other brands can expect faster and more robust enforcement going forward.
The risks of non-compliance
Non-compliance with the CAP Code can result not only in ASA sanctions and content removal but also in reputational damage and a loss of consumer trust. The distinction between promoting the benefits of a cosmetic device and making a medicinal claim can be subtle, even with the best of intentions.
It is therefore essential for brands to understand their obligations under Rule 12 of the CAP Code and ensure that influencers are appropriately informed when promoting their products.
