The FDA wrote to Avon and published the letter on its website, stating that it had reviewed the company’s online marketing literature and found that five different products in the Anew range carried claims that contravened its guidelines.
“Based on this review, your products Anew Clinical Advanced Wrinkle Corrector, Anew Reversalist Night Renewal Cream, Anew Reversalist Renewal Serum, Anew Clinical Thermafirm Face Lifting Cream, and Solutions Liquid Bra Toning Gel appear to be intended for uses that cause these products to be drugs under section 201(g)(1)(C) of the Federal Food, Drug, and Cosmetic Act (the Act) [21 U.S.C. § 321(g)(1)(C)],” the letter stated.
The letter went on to state that the claims made on the website indicated that the products would affect the structure or any of function of the body, which would render them as drugs under the Cosmetics Act.
Be extra careful on marketing claims concerning wrinkles!
Specific examples of the marketing claims are highlighted, including that of the Anew Clinical Advanced Wrinkle Corrector, underlining claims that the product acts as a wrinkle-filling injection would, rebuilding collagen within 48 hours, while plumping out wrinkles and fine lines.
The letter goes on to specify that the company must take prompt action to rectify the violations on the product claims, further stating that Avon must make contact with the FDA within 15 working days to confirm that it has rectified the violations.
Avon’s warning followed on from warnings that were sent earlier in the month to Bioque Technology and Andes Natural Skin Care, outlining similar violations that had been made in marketing materials used to promote their anti-aging products.
The list of companies warned over anti-aging claims grows
The FDA said it found claims by Janson Beckett for its ‘Vitamin C&C Facial Serum’ and ‘Vitamin C Ester’ amongst various other products as intending to affect the structure or function of the body, rendering them as drugs under the Food, Drug and Cosmetic Act
After reviewing the online promotional literature for the 'Andes Natural Skin Care', the administration found that its ‘Bio Skin Rejuvenation’ and ‘BioSkinrepair’ amongst others to also be promoted for uses that cause the products to be drugs under the Cosmetics Act.
Attention was drawn to the fact that the FDA was cracking down on marketing claims back in the beginning of September, when L’Oreal was rapped by the FDA over 11 different anti-aging products marketed under the Lancôme USA brand.
Similarly, the FDA said it was concerned that all the products were marketed in such a way that they should be promoted as drugs under section 201 of the Federal Food, Drug and Cosmetic Act, because the products purport to affecting the structure or function of the human body, in this particular case, the skin.