“Science-washing,” or inaccurately using scientific terms in product marketing to encourage consumption, has become not only a consumer protection issue, but a threat to the reputation and long-term success of brands. Science-washing is a deceptive marketing practice that could not only leave your company vulnerable to legal claims and Federal Trade Commission (“FTC”) penalties, but could also threaten the credibility of your brand among consumers. While claims of being “all natural” or “detoxifying” may initially attract sales, in the long term, misleading claims tarnish a brand’s reputation. Incorporating the following practices in your marketing strategy may help safeguard your brand:
DO utilize qualified content-creators. While everyday users of your product can provide powerful testimonials based on their experiences, medical professionals and scientists can elevate your brand’s credibility by relying on expertise to not only explain how your product’s ingredients work, but also to demonstrate best practices when it comes to using the product to maximize results. Physicians are permitted to endorse products if they follow FTC guidelines, such as disclosing material connections and financial relationships with the brand, avoiding misstatements by words or omission, and ensuring that their endorsement is based on their professional expertise rather than being solely motivated by financial gain. In today’s age of endless algorithms, having credentials behind your product will make it stand out.
DO use appropriate professionals to fact-check all content. Under the FTC Act, advertising must be truthful and not misleading. Generally, claims about the health benefits of a product, including cosmetics, require “substantiation in the form of competent and reliable scientific evidence.” To avoid legal liability and public relations problems, ensure that each statement made in advertising content is factually supported and is not omitting any material information, (e.g., ingredients and benefits) Incorporating medical professionals and scientists in your content review process could be beneficial to ensure accuracy, as they can help determine reliability of evidence and causation, look for potential side effects, and debunk wellness “myths.”
DON’T use buzzwords that are not scientifically proven. It can be a tempting marketing strategy to describe products with buzzwords and phrases such as “all natural,” especially when there is no legal or regulatory definition of such terms. Brands have seen this as a loophole to gain consumer intrigue and justify higher prices. However, many popular beauty brands have faced legal challenges over their misleading promotion of “natural” products. Claims of being “all natural” or “100% natural” are dangerous for companies because they are absolute, and the smallest trace of material linked to genetically modified organisms have resulted in claims of misleading advertising. Similarly, many companies claim that a product will “detoxify” one’s skin, failing to mention what specific toxins the product targets or how the product will support detoxification beyond the body’s natural mechanisms. Today, with so many consumers relying on social media for product recommendations, public pushback on these terms without scientific support to back them could tarnish a brand’s reputation and success.
DON’T cite vague studies or recommendations. Making unfounded objective claims about a product, representing that a claim has been scientifically or clinically proven without sufficient evidence, or misrepresenting the level or type of substantiation for a claim is a violation of the FTC Act. Still, many beauty brands continue to falsely market their products as “evidenced-based” and “doctor recommended” without the proper context and details. To protect against liability, try avoiding these phrases altogether unless citing to a specific study. For example, if your product was recommended by a singular dermatologist, instead of saying “doctor recommended,” which may imply that multiple doctors have recommended it, consider specifying that it was “recommended by a board-certified dermatologist.”
As marketing trends expand to keep up with the everchanging world of social media and short-form content, it is important that your company’s advertising remains in compliance with the law.
Special thanks to Sarah McGrath, a summer associate in Foley’s Boston office, for her contributions to this article.
