what national self-regulatory organization screens ads?

Substantiating Advertising Claims in the USA Webinar so hi and today's webinar is,substantiating adv

Ayton Global Research

Updated on Jan 06,2023

Substantiating Advertising Claims in the USA Webinar

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Substantiating Advertising Claims in the USA Webinar

so hi and today's webinar is,substantiating advertising claims in the,usa,um so i know most of you today will,either be looking at entering the,market in the usa or looking or in the,usa already,and just wanting to hear a bit more,information about substantiating,advertising claims in the usa,so to go through the agenda um we'll be,looking at the,advertising standards and the,organizations that are regulating them,um so kind of a breakdown basically of,anyone you need to be,aware of if you're advertising in the,usa and kind of signposting you,on you know where you can find the right,information and more specific to what,you're kind of advertising,i'll look at some advertising laws,because obviously it's not just the,organizations you need to be aware of,but where you can find the laws,how you can validate those advertising,claims so how do we substantiate what,we're saying,and some examples of case studies which,will show some successful advertising,campaigns as well,and some examples of some bad,advertising cases and withdrawn adverts,so hopefully we'll get a really good,well-rounded picture of how we're,looking at substantiating those claims,and everything you need to be aware of,this is being recorded um so don't worry,if you need to dash off at any point,i'll be sending out the recording to,everyone at the end of the webinar,um and there's also going to be a chance,for a q a at the end um so if you've got,any questions as we go through,please feel free to make a note of those,um because at the end i'll open up to a,bit of a question and answer,so to introduce myself i'm caris and i'm,the regulatory director,at 18 global research so we're a,consumer research company,so obviously i'm not a specialist in,every kind of regulation,um maybe specific cosmetics or anything,like that but basically we test a lot of,fmcg,products and we obviously,our evidence is used to substantiate,advertising claims,so the regulations that i'm really,focused on are sort of advertising,and how our research and our evidence,can be affected in different territories,making sure that we're providing the,right evidence and you can use it where,you need to and your claims will be,compliant,and but also you know focusing on things,like uh cosmetic regulations in certain,countries,um and any other kind of again fmcg,sector we're working with,just making sure that all the research,we're providing and all the information,we're giving you to make sure you can,use that evidence to launch your,products is correct as much as i can do,um so i've been working at company for,about eight years now,uh so i started off as a study manager,so i'll talk about a bit later but every,time,you do a study with aidan global,research you get a bespoke study manager,he'll get to know you as a client inside,and out know what your research,objectives are while you're doing the,study,and it just means you've got really,personalized service um so certainly we,have clients that place studies,on every week so it's really good to,know that your,your study manager knows exactly what,your processes and procedures are to,make sure everything goes ahead,um but it meant i learned a lot about,study design questionnaire design,and again all the regulations that were,involved so that's what's led me to this,kind of story today,and obviously i love doing these weekly,webinars um to kind of share what i know,and hopefully give you some insight into,what i know as well,so i'm only going to talk about,cosmetics today don't feel like you need,to switch off if you're not part of the,cosmetics industry,um a lot of it is still applicable also,all the advertising standards are still,going to be applicable all the,organizations,but i know most of you are going to be,from the cosmetics industry,um and certainly it's where we see a lot,of advertising claims,um making products stand out making sure,that the benefits on our products,um sent out against our competitors and,that they're substantiated is huge,within the cosmetics and personal care,market,but again it will be applicable either,way but to give a kind of overview of,what the cosmetics market is within the,usa,it's obviously the largest cosmetics,market in the world,so i know if you haven't obviously,launched your product in the usa yet you,may be very keen on doing that,and if you're looking at setting up a,brand in the usa or if you're currently,selling in the usa and you just want to,make your,products bigger and get your advertising,out there more it's definitely the place,to be doing it,so it's about it's worth about 93.5,billion,that's money that i can't even,comprehend so we know it's a lot of,money,um and and certainly sales are huge over,there but it's definitely a really,contested market as well,so again i keep powering it through but,they're making sure that you've got,those advertising claims there,it's gonna be the most important thing,to make sure you can stand out,um why is it growing so they think that,there's a huge demand,for natural cosmetics and we're seeing a,lot of that,just because it's natural doesn't mean,it doesn't need a research and,advertising behind it um it certainly,does,so there's a good market to be in there,um it's all growing,the working women population is,increasing and obviously that's the,the main target market for any cosmetic,no matter what the kind of benefits are,they tend to be marketed towards working,women obviously if it's a different,market it's a different market but,this is why we're seeing a kind of um a,growth in the market there,um the impact of covert 19 i feel like,we can't avoid it at the moment,um obviously but i always also want to,talk about it in my webinars to make,sure we're not kind of avoiding the,subject,um so obviously there's been a drop um,there's a predicted 2.5,drop in the us and the personal care,market um which is,very large if you think about how much,that is in those billions,we're talking a lot of money um so,obviously there's going to be a slight,drop but i think what's really important,to know,is it doesn't mean you should stop,producing your products if anything it,means we need to keep producing them,because when people pick up again um,they certainly will,um online sales have obviously been the,thing that's kept the personal care,industry going,um so even though our bricks and mortar,ourselves are,not doing the same uh we've seen um,sister found that in uh march in four,weeks,uh the um value of skin care products um,increased basically,and there's a huge amount of sales,happening so people are still shopping,online,again it's really important to make sure,our advertising is compliant,it's really in the public eye when it's,online and so,just important things to think about,so advertising who regulates them,so starting off with the federal trade,commission because these are the people,that regulate adverts in the usa,so they're protecting consumers and also,promoting competition,obviously if you're saying claims that,are not substantiated they're unfair,you're not really helping your,competition at all you want to have um,you know fair practice and honest,adverts,because it really means that we're all,kind of trying to produce the next best,product competition is very important,for any kind of industry,but also it's really important for our,consumers we don't want to make we don't,want to be lying to them making sure,they're buying our products when we're,not actually telling the truth about,them,um so that is what the ftc are looking,at,so they're also looking at a global,marketplace as well,um so you know any products that are,being imported into the usa are being,investigated on that kind of sense as,well so,again if you're not based in the usa but,you are thinking of selling there,um you'll still need to be really really,aware of what their kind of code of,conducts are,and all of the information that they're,putting out there,so they're enforcing all laws to,basically prevent fraud deception,and unfair business practices so quite,simply again,i think it always comes back to me to,evidence if you've got evidence behind,your claims,you're probably going to be pretty safe,um obviously it depends what those,claims are and what you're saying,um but generally it always comes back to,evidence um,so they as it says you know they have to,be truthful they can't be deceptive,unfair and they must be evidence-based,you can't just sort of say your product,does this thing because you think it,does,you can't say a moisturizer nourishes,the skin if you've got nothing to say,that it does,it has to be some evidence behind it and,the ftc do provide resources for claims,as well,so if there's any claims that you're not,sure you're allowed to make even if,they're substantiated or not,you can have a little look on the ftc,website so it's a bit just a starting,point really,if you're looking at advertising in the,usa there's,also the best of business bureau,national programs so,this will be a bit more familiar to,people that are advertising outside of,the usa,um i know my other webinars i talk about,a lot about self-regulation,so that's not the case in the usa it's,federal which is the federal trade,commission,you've still got the bbb national,programmes,they kind of work as that,self-regulation in the fact they have a,code of conduct,and they're basically trying to make,sure um that people can self-regulate,their ads,without having to have a dispute um,through the federal agencies basically,so they've got um it's a national,programs basically so they're putting,out information to make sure you know,people are doing,everything themselves making sure that,their adverts are,compliant in the usa um so hopefully we,won't have to get the ftc,involved at that point um so there's,yeah,basically again the same kind of thing,making sure that there's innovation and,competition,um but also making sure that it's fair,practice,so there are a really good place to look,at as well if you're advertising in the,usa basically,there's also outstanders canada i wanted,to talk about canada if i'm talking,about the usa because,generally a lot of people who are,selling in the usa are also selling in,canada,um so canada is exactly like other,countries like the uk if you're from the,uk or other countries in europe,they do have an advertising,self-regulatory organization,um which is outstanders canada so again,it's got a complaints,platform as does the ftc sorry forgot to,mention that one,um so it basically means that the,adverts are,regulated in a complaints basis so once,the product goes on the market,um people might complain about the,product say oh it didn't work it claims,to do this but i didn't know it's a,difference,it claims to make my hair 10 times,stronger i didn't think my hair was,stronger at all,it didn't seem to fall out any less when,i brushed it this kind of thing so that,might be a consumers complaining about,your product and they'll,go to the ftc or ad standards um,or you you might be your competitor as,well so again with that kind of claim,makes hair 10 times stronger,one of your competitors might have done,tests on their products and only got,five times stronger,and they'll say well i don't know how,they've got 10 times stronger because we,haven't managed to get that claim so,we're going to complain about them,um so it kind of works on that basis so,again always be really conscious of,putting your products out there because,even if your consumers might kind of be,tricked by your claims,use usually your competitors that won't,be even if they're not tricked by your,claims they might just try and complain,because you're selling more products in,them,and they're not convinced you've got,evidence behind it so they might try and,catch you out,um so always make sure you've got that,um that,the evidence in place so you can kind of,avoid this complaints,procedure anyway so they'll approach you,basically if they have complaints,they'll ask for your evidence,and it will all go from there um if you,don't have any evidence in place,obviously your adverts will be withdrawn,in the first instance,um but obviously things can get,progressed if you don't withdraw out,your adverts,it sounds like you're just withdrawing,your advert but if you've got adverts,um online obviously you can take them,offline,if you've got adverts on your pack on,your packaging if you've got claims on,your packaging,that aren't substantiated that could be,a whole product recall,so it can really be a leveling amount of,difference if you don't have your claims,substantiated on your products,but back to ag standards specifically,so they've got obviously a code of,conduct um so you can have a look at,that to make sure,again that you're abiding by everything,you need to do in,canada but they also do advert,pre-clearance which i think is really,good um this is something that uh,clearcast,do in the uk for tv if people are,familiar with that,um so before it goes onto the market,they can have a look at your advert and,check your evidence and everything like,that,so it's a really good system if you um,if you haven't used it before because it,really negates that,worry about getting your product on the,market and thinking i have got my,evidence i think i've done everything,right i've used their code of conduct,but you might still end up with a,complaint it does happen,um so it is it's a good way to get that,pre-cleared before you go on and have,that confidence behind your advertising,examples of advertising law um so again,we've got our,standards that are regulating our,adverts we know what their code of,conduct is we've had to look into it,we're happy with our adverts,but there could be something you've,overlooked in in the law behind,advertising so,just wanted to bring up a couple of,examples um so there's the nutrition,labeling and education act,by the fda which is the food and drug,administration i will talk about them in,a bit,um so food labeling uh for terms such as,free low light,light reduced less and high have got,uh definite they basically got,definitions behind them and you should,make sure you follow those definitions,if you're going to use those kinds of,words in your advertising,um so there's some full regulations,there it's just examples about how,simple,um just having those words in them can,it can be so hardly rec,so highly regulated um so you can't just,kind of just go with a lily and sort of,say,words on your advertising you need to be,aware of the regulations that are in,place as well,and i wanted to bring up the competition,act in canada as well but just because,you can see that the,um the punishments basically the,penalties,um for going against the competition act,um it says about 10 million for,corporate corps for,corporations that's 10 million,which is just crazy amounts of money so,you really want to make sure you're,aware of all these kinds of laws in,place,so you don't get a crazy fine um if,anything goes wrong,just back to cover 19 like i said we,don't want to avoid,the the subject when we're going through,the webinar,um basically it's just let you know and,this is certainly something that's been,really picked up on the ftc,just because code 19 is happening,doesn't mean the advertising standards,and laws don't,still exist so please make sure that,you're being really aware of it and,being really responsible,through the kofi 19 process it's,basically relating to a lot of things,like,we've seen adverts be called upon by the,fdc,which say things like oh this face mask,will cure,covert 19 this hand sanitizer will make,you 100 safe against it,these are claims that can't be made and,they're basically exploiting people's,fear to make sure you can sell your,products,and then we really want to avoid doing,that so make sure just to be really,aware,it is good to use code for 19 to sell,products we've got a lot of our clients,who didn't previously manufacture hand,sanitizer they're now manufacturing it,but they're doing it properly,and they're selling great products,because obviously there was like a huge,national shortage so people really,wanted it,it's fantastic what a great thing to do,produce those products make the money,from it,but just be really conscious of what,you're advertising and saying about it,and make sure you're still following,those code of conducts,so the food drug administration,so we've gone about advertising law and,um all those regular all those uh,organizations but i want to talk,specifically about cosmetics again,um again if you're in any industry which,is food and drug related able to apply,to,um but it's just bringing it back to,what you need to be really cautious of,when you're advertising cosmetics,in the usa um so the fda are the ones,that regulate cosmetics,so unlike other countries products that,are placed in the market,don't need pre-market approval they do,have a process,if you want to but a lot of products are,going on the market,aren't actually pre-registered which is,why we kind of have a bit of a wild west,in the usa of unsubstantiated claims,um because people kind of just putting,the product on the market maybe not even,knowing that these regulations there,it's generally a thing it's generally,not sinister people aren't trying to,mess up the market they aren't trying to,go against,their competitors they simply have gone,i've made this product i really want to,sell it i really think it's good,um and you have just sold it so it's,really,important to make sure um that you are,really aware of the regulations,yourself because there's not that,pre-market approval,you want to make sure that you've abided,by everything before it goes on there,or use their pre-clearance as well um,so they can also pursue enforcement,actions like the ftc,if you're not compliant with the,legislation specific to cosmetic,products,and again that also is affected by,anyone importing their product not just,people that are usa companies,selling in the usa so again be super,aware of what the regulations are,the main thing to be really wary of with,cosmetic claims,and this is actually the same globally,it's not just the usa itself,it's making sure that your claims are,not medicinal,or drug um related in the usa,this is because you simply can't make a,cosmetic claim a claim about a cosmetic,product,which is a medical claim so,the difference is obviously drugs are,supposed to cure prevent disease or,treat it,whereas cosmetic products are simply,just to well as the definition says,cleanse,beautify promote attractiveness or to,alter the appearance,so that you can definitely have,secondary claims um we often see you,know this could also be suitable for,people with eczema prone skin,but that should not be your primary,claim on a product if you are a cosmetic,product,and obviously if you're going to go down,the drug route and you're going to be,going through a lot more kind of,regulations a lot more authorization,pre-market approval registering your,product so,most time you want to avoid that and,stick to being a cosmetic product as,well,so just that's the main thing to be wary,of if you're ever selling a cosmetic,product if you're ever making claims,about your cosmetic product,do not make drug claims about them and,make sure they're cosmetic,so that's kind of the overall thing,there cosmetic claims start to be,truthful and should not mislead,consumers so again we're bringing it,back to evidence as long as we've got,evidence we've substantiated or,validated our claims,uh we're going to be able to make sure,they're truthful,so how do we validate those claims,so consumer research is what i provided,global research so that's what i'm,talking about mainly today,obviously there's clinical research as,well which really holds its place,um if people want some more information,about the differences between consumer,and clinical,please ask me for recording of my,webinar last week,which i hosted with our managing partner,in germany thomas,because we do a really good breakdown of,what the difference is some you know,what's appropriate when but honestly,consumer research can be used,for pretty much any claim it's to do,with the wording of the claim,um and what well what the claim is it's,perception based so,clinical claims tend to be objective so,a measurement something that's done by,science,uh you can't sort of see by the naked,eye it's something that has to be,measured,whereas a consumer perception claim is,anything that consumer can perceive,themselves for the naked eye,so you might say something um clinically,like my hair is,you know hair is 10 times stronger we'll,go back to that one whereas a consumer,claim a perception claim,might be you know i notice less hair,fall out um my hair,you know look stronger it feels like i'm,fuller,healthier the kind of things that relate,to it but that could only be perceived,with a naked eye,so that's what we're looking at um so,there's much more marketing claims as,well they're much more personal claiming,from looking at consumer claims as well,things like i would buy this product i,would recommend this product to a friend,they can't be measured through clinical,studies they have to be,telled by the consumer so you know we,always often,offer advice as well if there's a,certain amount of claims that you want,um if there's certain claims that you,have in mind we can suggest whether you,need clinical consumer research for it,and we've got partners that can offer,those kinds of studies that we can't as,well,but back to what consumer study is it's,generally an in-home test,so we're reflecting the actual,conditions of the product in use so,sending out products to the mail,volunteers receive it and answer an,online questionnaire this is a really,good,reflection of real data essentially when,you put your product on the market,and they read those usage directions and,they use the product this is the effects,that they're getting,um not something that someone's applying,in a lab,as mentioned adverts are pleased by a,complaints basis,so if you've tested it in the real life,and you've had real-life consumers have,their opinion about a product,the chances are you're not going to have,complaints about it because you've,monitored it in exactly that way,so it can be a really effective way of,substantiating those claims,in a in a real life setting as well as,things like gathering adverse reaction,data as well,so we don't want adverse reactions on,our studies but it can happen,and it's a really good way of getting,the actual perception of that,rather than again a small sort of test,of 20 people,in a clinic clinical test test um in a,safety test a patch test and seeing if,there's an irritation,once it's gone through that clearance,and we send the product to 100 people,are people still getting adverse,reactions and if so,what's their opinion about that it's not,kind of something again that's more,science,based so generally they're setting one,product on its own,again maybe for claims substantiation or,they might be looking at comparing,products as well,so benchmark studies comparisons,or reformulation and things like that so,kind of giving a breakdown of that a bit,more,why conduct consumer research obviously,claim substantiation,that's what we're talking about mainly,today but a lot of these other points,can really relate back to that as well,so obviously make it a part of your new,product development so,it's something we're quite passionate,about is don't kind of go,well i need to you know i've got these,this product i've got these claims,um it's on the market i really show any,complaints about it,can i substitute them yes that's,something that can be done,but generally what we want to do is,build it into our new product,development,so that as we're developing our products,we're thinking about what claims we need,and what we're going to say about the,product,and what testing you'll need to have to,to make sure they're substantiated,so something that really should be built,into your processes,it can help with your product and brand,perceptions so even if you're,um if you've got a claim substantiation,study for example,um you want to do it de-branded so you,know the efficacy claims have been have,no bias about them,but at the end of the study you then,want to reveal your brand and say,the uh and sort of say you know now you,know this brand,would you pay this much price for this,product um now you know how it works,uh you can get a good perception about,that product and the propensity to buy,as well so again establishing price,points,so benchmark testing again so that could,be against,a competitor or you might have different,formulations you want to find out which,formulation is the best one,you can do that author of consumer,research you might want to investigate,new markets,obviously in the um sort of topic of,today it might be that you haven't,launched into the usa before so you want,to test your product in usa and make,sure it's accepted there before you,launch it as well as substantiating,those claims,and testimonials and reviews as well so,it's a really good way to get some,actual feedback some relatable feedback,about your product in a kind of quote,from the study,um to say that it does what it does the,good thing about doing it through a,consumer test and doing it as a,testimonial rather than just a product,review,is you're making sure that you're not,going against any kind of,laws and legislation about product,reviews it's a substantiated,testimonial that is going alongside your,study it's a really good way of getting,that kind of more qualitative feedback,to put on your website,so back to claims we've got our,advertising laws and legislation and,we've made sure that we've done our,consumer research,and our claims are compliant with that,legislation now where do we use it,and how can we use it to make sure our,product really stands out,so here's some examples of some products,that are on this on people's websites,so you've got lms charlotte tilbury,estee lauder,so all consumer research studies and,people have used those quotes and got,i managed to promote them through their,claims on their website and as you can,see it can really help a product stand,out,so things like nms we've got all 100,agrees which is incredibly high,um product study a product test,charlotte tilbury again,really really high um claims on there on,their products there,and then again assaylor done a slightly,different approach so they've kind of,said,what it will um you know what it does,overall all of those claims have to be,substantiated and then picked out a,couple,of claims they just put the perception,claims on them as well,so that there's different ways of doing,it it doesn't have to always be,percentage you can just state it,and then put somewhere else on the,website to say you know where that,evidence has come from,but it does look really effective i,think it stands out more than products,that don't have any kind of,percentage on them same as tv,so if you're advertising a product on tv,you need to,include any claims any substantiation,you have there,so i've got some examples there from,vaseline and l'oreal,um l'oreal i've got a slightly different,one there that i wanted to point out,because they're not sort of agreeing,with a claim um it's,it says it matches more than any other,color so we're not necessarily testing,the product and saying what the effects,and benefits are there,the claim is to do with a mass market,research survey,and saying basically about people,finding their shade,and making sure that we've got the,evidence to substantiate that so it's,not always a product performance claim,that we're talking about,um but it all needs substantiate,substantiating,so it's yeah just nothing to think about,that uh advertising claims on social,media we've got augustina's beta,on um instagram and lms on facebook,so they've kind of put up these,percentage degree claims again,it's a really nice way of highlighting,some claims um in your social media as,well we see a lot of our clients do it,so instead of just kind of putting on,there what it does,uh you know instead of just saying oh it,makes you more supple,you're just pushing through that you've,you've got this evidence behind your,claims you're not just saying it,obviously everyone needs to anyway but i,think i i i think it shouldn't be always,seen as something you need to have it,because it's,legal and it's compliant with the law,really publish,that um those consumer claims and,claims because they'll really speak to,your consumers and they'll make you,trust your brand as well,if they can see that you have got this,information behind your claims,um they'll really want to purchase your,products so shopping channels as well,i think there is no country better than,the us shopping channels,um so i'm going to show you a little,clip just to give you an idea,of uh how consumer study claims have,been used,on qvc um so i got to do the whole,change of this sharing screen which is,always fun,so you guys should be able to see this,and i'll just play this little clip,there we've done research on whether or,not this actually produces results we,have and again i think pictures,said a thousand words yeah can i show,you so here's the results and then i,want to show you the before and afters,so in a consumer study after two weeks,every single woman said that the texture,of their skin,was smoother every single woman you,can't get every,woman to agree on where we want to go to,production i know you know or what movie,we want to see,right you got to do like duck duck goose,or i don't know,paper scissors sorry 95,said it's balanced and not oily but,again whether you oily skin or dry skin,or combo skin this is going to be great,after four weeks every single woman said,that their skin had a healthy glow and,the,appearance of their skin was brighter,that's what exfoliation does for you,95 percent said that the skin tone was,more even,and 90 percent said their skin felt,hydrated,balanced supple,so as you can see they are very good at,advertising on,uh qvc and using those claims to make it,really exciting,for the consumers that are watching,share back on the presentation,so obviously it has to be substantiated,for shopping channels anyway they do,evaluate your evidence before you know,when you go to register your product,on there so it's not like they're kind,of looking at that afterwards,you have to have the evidence in place,already i won't go through it all but it,gives you an example of what kind of,um what kind of rules they have in place,for the evidence that you need to submit,and qvc and again other shopping,channels will have different,varying kind of um rules that they need,but generally it's all going to follow,the same kind of pattern so,if you're thinking of shopping on,shopping channels again,make sure you've got that evidence in,place um so it's not just about how good,it looks on,on the tv which it did i think it's,really um going to help people purchase,those products,but it needs to be done anyway otherwise,you simply can't get your products on,there,so we've talked about where you can see,these claims and who's going to regulate,them,but now i just want to go through some,case studies of those studies,that talk about consumer research,studies and how we actually design the,study,to make sure you can say those claims,about your product so there's gonna be a,couple of case studies,i've got a female product a male product,just to give you a bit of idea of,different claims that we're looking at,substantiating,and the first one i'm going to talk,about is a premium british beauty brand,who are launching into the usa,and they're launching a day cream so,they want to make sure that they're,substantiating all of the claims in,their products but mainly the reason,they want to test in the usa,is because they want in varying climates,so,that even though their british beauty,brand if we tested in the uk,it's all kind of the same weather most,of the time it's cold or a thunderstorm,like it is today,um it's occasionally hot but at germany,it's the same nationally,where's in the usa as you'll know if,you're based there some states,are really really hot and you go into an,aircon when you go inside and some,states can get really really cold,and you'll go into heating when you go,inside so we tested a time of year when,we'd have that,kind of uh juxtaposition of climates and,to make sure that,it was suitable for everyone no matter,where they were going into hot to cold,or cold to hot,and that these claims were going to be,withstanding those changes in climate,it's really important for them so in,terms of the legislation specifically so,we've talked about who actually,regulates it,but what did they say about these you,know what did they actually say their,code of conduct that i keep talking,about,so the ftc say that advertising must be,truthful and non-deceptive,advertisers must have evidence to back,up their claims and advertisements,cannot be unfair so obviously we need to,make sure we've got this evidence in,place,so that it's not deceptive so,the protocol for this study in,particular it was in the usa and people,were speaking english,a single placement study so one product,is being investigated,we ran the study for four weeks because,we knew that's when the claim should you,know,the product was going to have benefits,so always communicate with the,formulation chemist you're working with,because they will know when the effects,should start to you know well when the,product should start to have an effect,and show the claims that you want to,make,the participants had all skin types we,wanted to make sure we had a range of,all skin types,um so we can make that claim that they,had signs of aging because we wanted to,get some claims about this,improvements in aging again we've got a,hot and cold climate,it needed to be national to be able to,reflect that and the participants also,to be users of luxury brands so the,great thing about consumer research is,you can really target,the end user that you are expecting to,purchase your product so if you've got a,luxury brand,you may want to use people that are,always using kind of high-end brands,because you know,that they're going to be the people that,will be purchasing your product,so how do we break down the data so i've,lifted a few,um questions from our report so our,reports are in real time,so as soon as you get the um the,minimum amount of people say it's 100,people reply to,the questionnaire you can download the,report straight away you haven't got a,wait for student analysis because it's,all built into our system,so this is the summary kind of report,that you get so again i've just selected,a few questions,as you can see you've got the questions,on the left hand side,you've got your neutral people people,that number of people that said um,satisfied sorry,they're neutral they're not satisfied,and then the percentage of people that,have,said satisfied and not satisfied so the,percentage is what we're really looking,at,because as we've seen on the online,claims and in the social media,they've quoted the percentage of people,it also lets us know if the,claim has actually passed if we've hit,the right percentage so,generally um people will well,statistically we set it as 66 because,it's a statistical majority,but generally people like to go to about,70 because it can cover for different,advertising platforms as well some,people are quite specific,um but also it gives you that kind of,that um confidence behind your claims to,know that they're definitely,substantiated you've got a good amount,so there is there's no definite rule,there um every like i said all the,platforms tend to be the ones that guide,the rules there,but it gives you an idea i think 70 is a,good claim,80 is a great claim and 90 is an,excellent claim that's kind of how i,think about it,i suddenly wouldn't want to quote in,your advertising anything that's lower,than 70,because i just don't think it looks very,good for a consumer,so as you can see we've obviously got,all of our pa our claims have all passed,here,so 80 percent of people so that reduces,fine lines and wrinkles,77 said it tackled multiple signs of,aging,91 percent have agreed with the um,simple income in all the environments,including the extreme temperature,changes so this is the really big claim,because as we know this is what,um the client really wanted is to be,able to say about the varying in,climates and that the skin would still,feel comfortable,and 91 is such a huge amount of a huge,agreement percentage there,so we definitely got that claim and it,can definitely be used in that,advertising,also got some claims there about the,skin feeling softer and firmer,also firmer and more hydrated gives you,an idea basically of how that all lays,out and how you can literally lift that,into your advertising um really really,easily from the reports,the second product i just want to talk,about briefly is a male product,um so as i said it's a day cream,and this was tested by a global leader,in pharmacy and healthcare products,in this case we wanted to substantiate,the claims for anti-aging effects,uh sensitive skin and then it worked,with facial hair so again this is,why it's a male product in particular um,because we really wanted to prove that,as a moisturizer,well i don't really know i'm sure if,you're a male you'll know if you've got,stubble,um you don't want to get all the,moisturizer caught up in there you want,to make sure it still absorbs into the,skin,and you also want to use your,moisturizer,so i wanted to bring out the code of,conduct from aunt sanders canada this,time we've talked about the ftc,um but again we know they're going to be,marketing their product in canada as,well so we want to make sure they are,abiding by the code of conduct,and essentially it's it's all the same,sort of thing we need to make sure we've,got competent and reliable evidence,but the most important thing is it needs,to be disclosed upon request so,this is where we go back to saying as i,mentioned there's no pre-market,authorization,to get to um start advertising a product,in the us but,if you do have a uh complaint about your,product you need to make sure you've got,evidence immediately,because obviously um yeah you can't have,delay to,your evidence so make sure you've got,your study data before you market your,product,so what's the protocol um for this,particular study,again it's single placement again it's,four weeks we've got those aging claims,uh we've got 30 to 60 year old people,because we want to make sure they're at,an age where they're slightly signs of,aging,there needs to be all skin types but,this time we're including at least 50,of people with sensitive skin this is,because,we want to make sure that we can really,definitely save the claim about,sensitive skin in particular for all,skin types,and to do that instead of having a,natural representation which might give,us a really tiny number of sensitive,skin,and therefore not really give us enough,data if we just look at sensitive skin,on its own,we might only have sort of 10 people um,whereas if you've got 50,of them we've got 100 people in the,study we've got 50 people that will have,sensitive skin that are agreeing that,it's good to their skin,so it's really important to think about,that as well if you're looking at all,skin type claims and making sure you've,got substantial data on your products,they had to use day cream and they had,to have finance and wrinkles as well,so again we've got the same kind of,report we've got the same questions,we've drawn,um so again these are really high claims,lovely to use in the,uh advertising and the main claims have,been substantiated,the skin looks younger fine lines and,wrinkles are reduced,and again we've got that claim about um,easily absorbed over the facial hair,center percentage people agree,we're really confident that we can start,marketing it towards people with facial,hair,four weeks of use anti-aging performance,89 again it's a really big,percentage so we're very confident with,marketing of this product and that could,all be used in that advertising,so here's the there was the examples of,good studies and good,evidence,in your claims what happens when you,don't follow all of the kind of advice,through the webinar and go to those kind,of conducts,well here's a few examples so uh,clarissa,i'm sure everyone remembers this case um,basically they were banned because,they're making medical claims as we,talked about earlier so by the fda,obviously you can't say claims about a,medical condition and acne is actually a,medical condition,so they couldn't mark it as a cosmetic,it's not the product didn't work,they had the evidence to say it worked,but it's a medicinal claim and not a,cosmetic claim so you can't say it,um maybelline was sued over false claims,uh,for a super stay 10 hour gloss that,people feel,felt was misleading inaccurate and,deceptive so they were sued,so again it's really important in the,msa in particular where there is a bit,of a,um as we know a bit of the sioux culture,and to make sure that you do,have all of the evidence in base because,obviously if people think they're,deceived they are going to be very mad,and they'll maybe want to take action,against you,also i think everyone kind of remembers,this case as well with sunday riley um,that were doing fake,product reviews on their website so,obviously their products had to be,withdrawn there,and again it's kind of going back to,where i was saying if you've got to,claim substantiation,you don't need to resort to fake product,reviews you can get testimonials from,the data,but also it means that if people are,leaving product reviews it's backed up,by your science so genuine product,reviews i mean,um and obviously just don't make reviews,about your products um,because obviously it'll get you in a lot,of trouble so it's just a few examples,there are different types of advertising,that have been called upon and what not,to do,it's a bit more advice for those,consumer studies,um so it won't be long now i'll move on,to question and answer if anyone's got,any burdening questions going,um so we want to make sure our panel,size starts at around 100 responses,it changes for different studies for,different products for different claims,but people always ask me you know what,kind of ballpark am i looking at here if,i'm doing a consumer study,i i'd have a hundred responses as a kind,of starting idea,and like i said budget requirement if,your claim will allow it we can reduce a,number,but also if you have claims that are you,know quite,large sort of things like all skin types,or hair types we may want to even have,more than 100 responses so we can really,advise you there but,android is always a good starting point,you need to inform your product,liability insurance,provider that you'll be doing um,consumer studies so we've got product,liability insurance,ourselves to protect just against,anything that could go wrong in the,study and to protect you against,anything that could go wrong in the,study,but obviously you need to let your,provider know that as well,uh samples have to be safety tested uh,so we can't,um send any samples out to our consumers,or to our panelists,if the products aren't safe to be uh to,the level that they need to be for you,to start selling the product,so again people kind of ask me what kind,of safety testing do you need it's,essentially full safety,testing we need to make sure that,there's not going to be a risk of,adverse reaction to our panelists,uh samples should be blind if they are,for claims substantiation so there,shouldn't be any branding on the,products we don't want to,have any bias about the brand uh when,we're doing our claim support,and your questionnaire design needs to,reflect those claims as well,so it can happen uh poor questionnaire,design can be the,kind of number one fault for claim,substantiation if it doesn't reflect,your claims exactly,you could end up with some trouble there,so we can really help with that kind of,advice as well we can have questionnaire,design,so why choose us um so before i go into,question answer,a little bit of self-promotion so as,you've heard,uh you know we are provided consumer,research for uh claim substantiation but,why use us,in particular so we're an award-winning,winning research agency we've won awards,for international business,family business um so we you know we're,very confident that we are providing a,very good service of uh,research we're gdpr compliant of course,i know that doesn't exactly reflect in,the usa but it does mean that we are,aware of all global,data protection uh cases and by,following gdpr it means that we're a,really high level of data protection as,well,we have an iso 27001 where we get an,audit for our data protection,uh gdpr uh compliance so you know that,your data is really being handled well,and so is our participant data,which is also really important when,you're submitting your evidence because,you need to make sure that the,data is anonymized uh,as mentioned before we've got a,desirable event reporting which is all,made in accordance with the cosmeto,vigilance act,um so you'll be able to get that in,cyber event data we've got product,liability insurance i've already,mentioned that one,we've got an iso 9001 which is to do,with our quality assurance so you can,make sure our procedures are,audited as well we're a partner to the,market research society which means we,get full training on correct research,and questionnaire design but it also,means that you know we're doing our,research in an ethical manner as well to,follow the code of conduct,we provide bespoke regulatory advice has,discussed,that is what i do um so if you've got,any questions about regulation feel free,to reach out to me,and again that will help to make sure,your claims are compliant,and you get a designated study manager,as well so i know i mentioned that's,what i used to do,um so there is someone that will know,you inside and out and be happy to help,uh with all any of your requests that,you need and you've got one person you,can contact at any point,so going to move on to question and,answers now i hope that's been really,helpful,but please feel free to click on the q a,button and type in any questions that,you may have and i will do my very best,to answer them if,uh no one's got any questions right now,but if you want to answer ask a question,later on as well,don't feel under pressure uh you can,always email me as well i have my,contact information at the end and i'm,also gonna email out the recording,afterwards,so you'll be able to reply to that as,well and you can get hold of me so,there's nothing burdening right now but,you,have some questions that come coming to,mind later on you can ask me,so i don't think i've got any questions,coming in so i will move on,and so just to finish off uh training,events with the scs oh i've got a,question on you that would happen,always happens so how do you resolve,conflicting data between instrumental,data and consumer,it's an interesting question and it,doesn't tend to happen,um so we've had it before where we've,had um claims that are clinical,that have come through to us and our,consumer data hasn't necessarily,reflected it,um generally what happens then so in,that example,the clinical data was actually on the,ingredients of the product themselves,and not on the final product,so the reason it conflicted is because,the final product had never been tested,and actually we found that our consumers,didn't find those effects when they,had the supplement that kind of used it,all together,so that's kind of an example of when it,can conflict,generally though if there's clinical,data already in place,the consumer data tends to just back it,up,um and again vice versa so really often,we might do it for um,claims we might have a very small,clinical data survey um it's a really,small pool of people but just gives that,scientific evidence,and then we do a consumer base to open,that up to much more people,so like i said germany it's not really,seen that often,um it would be a real case-by-case basis,if a product has been manufactured to,have the claims that it's supposed to,well to have the benefits and to have,the claims that it's supposed to have,it's really unlikely that actually that,we don't see that we substantiate those,claims,so sorry if that's not the best answer,but,certainly in my experience it just,doesn't really happen very much,and if it does happen it may be a case,of going back to the formulation,and checking you know what's going on,there instead,um but suddenly we look at all our case,by case basis as well,so sorry it kind of answered it but not,really too much,i'll just check to see if you have any,more questions coming quickly,i'll keep going but feel free to put,another question if you've got any more,questions,so can the consumer market research be,used as evidence in defending claims for,the advertising agency,will this be considered as substantial,evidence it very much depends on the,claim,but yes a lot of our consumer research,data is,substantiates your claims um for the,advertising agencies the other people,that look at your,look at your claims so as mentioned the,fdc as long as your claims are worded in,the right way,and as long as you haven't got anything,kind of scientific in there,and depending on what kind of claim it,is the consumer research data will be,enough,so the reason i'm saying that is for,example you can't say clinically proven,if you've got consumer research data um,you can't say things like it reduces,um you can't you have to word it in a,way that's to do with the perception of,the product,so you can't say it it reduces all signs,of aging,you would have to say um signs of aging,appea

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