Coty has been ordered to remove marketing claims regarding its Sally Hansen Miracle Gel nail polish as the National Advertising Review Board (NARB) found them to be misleading.
The decision follows up a verdict by the National Advertising Division after competitor Revlon challenged product claims such as consumers ‘get up to 14 days of color & shine’, and that the product is the ‘no light gel’ or ‘gel without the light’.
Despite the absence of a consumer perception study, the NARB found the claims could mislead consumers into thinking they were purchasing a product of salon quality.
The NARB stated, “However, the panel believes that in the context of advertisements claiming Miracle Gel provides up to 14 days of color and shine, or making more limited claims that raise the possibility of lasting color and shine for up to 14 days, the description of Miracle Gel as a ‘no light gel’ or ‘gel without a light’ reasonably conveys a message that Miracle Gel provides some benefits (i.e., long-lasting color and shine) that are substantially similar to the benefits of a salon gel manicure.”
A majority of the panel found that the 14 days of color claim was not backed up by facts, and that a more limited claim of ‘can’ or ‘may’ give 14 days of color was more acceptable following Coty’s consumer testing.
The advisory review board vetoed a challenge by Coty, stating, “The panel is not convinced by Coty’s argument that the terms ‘no light gel’ and ‘gel without a light’ do nothing more than identify the category of nail polish. When combined with [the] additional claim that promises color and shine over an extended time period, these terms reasonably convey a message that Miracle Gel will provide some benefits that are substantially similar to a salon gel manicure. The record in this case does not demonstrate a reasonable basis in support of this message.”
Coty has been allowed to continue with the Miracle Gel name of the product.