FDA Warns Lancôme About False Advertising Claims
On September 7, 2012, the Food and Drug Administration (“FDA”) issued a Warning Letter to Lancôme USA concerning claims made about certain products on its web site. The products identified by the FDA are:
- Génifique Youth Activating Concentrate
- Genefique Eye Youth Activating Eye Concentrate
- Genefique Cream Serum Youth Activating Cream Serum
- Génifique Repair Youth Activating Night Cream
- Absolue Precious Cells Advanced Regenerating and Reconstructing Cream SPF 15 Sunscreen
- Absolue Eye Precious Cells Advanced Regenerating and Reconstructing Eye Cream
- Absolue Night Precious Cells Advanced Regenerating and Reconstructing Night Cream; and
- Rénergie Microlift Eye R.A.R.E.™ Intense Repositioning Eye Lifter
The Warning Letter states that various claims made on the Lancôme web site about these products indicate that these products are intended to affect the structure and function of the human body thereby rendering them drugs under the Federal Food Drug and Cosmetic Act. The offending claims include: “Boosts the activity of your genes”; “Improve the condition around the stem cells and stimulate cell regeneration to reconstruct skin to a denser quality”; and that its eye cream helps to “rebundle collagen”. The FDA further cited claims that the products for the eye “provided immediate lifting, lasting repositioning” and that by using its SPF 15 Sunscreen that consumers will “see significant deep wrinkle reduction in UV damaged skin.”
The FDA warned that Lancôme’s products are not generally recognized among qualified experts as safe and effective for the above-referenced uses and the claims render them drugs under the thereby subjecting them to the FDA’s new drug approval process. The FDA warned that Lancôme take prompt action to correct all violations associated with the products or their labeling.
If you viewed and relied on any of the above representations and purchased any of these Lancôme products, you may have a claim. If you feel that you have been the victim of misleading or fraudulent advertising, contact Khorrami LLP for a private consultation.