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October 18, 2012 / Kendra Lounsberry

FDA Warns Avon Products, Inc. About False Advertising Claims

In what appears to be a crackdown on companies selling antiwrinkle products, the Food and Drug Administration (“FDA”) recently issued a Warning Letter to Avon Products, Inc. regarding claims made about certain products on its web site.  The FDA identified several of Avon’s products in the letter, including:

  • 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

The Warning Letter states that various claims about these products made on Avon’s web site indicate that these products are intended to affect the structure and function of the human body.  If the products do perform as advertised, then they are considered to be drugs under the Federal Food, Drug, and Cosmetic Act.

Although antiwrinkle products often claim to reduce the visibility of wrinkles, the FDA seems to be taking issue when companies go further and make claims that the products stimulate cells or activate repair processes in the skin.  The offending claims that the FDA cited in the warning to Avon include the following:

  • Anew Clinical Advanced Wrinkle Corrector is designed to “rebuild collagen,” “stimulate elastin,” and “regenerate hydroproteins” in order to improve wrinkles by up to 50%
  • Anew Reversalist Night Renewal Cream and Anew Reversalist Renewal Serum are designed to reinitiate the skin’s repair process by activating “key repair molecules”
  • Anew Clinical Thermafirm Face Lifting Cream is “formulated to fortify damaged tissue with new collagen”
  • Solutions Liquid Bra Toning Gel “help[s] boost production of collagen and elastin”

The FDA warned that Avon’s products are not generally recognized among qualified experts as safe and effective for the above-referenced uses and the claims render them new drugs, thereby subjecting them to the FDA’s new drug approval process.  The FDA warned Avon to take prompt action to correct all violations associated with the products or their labeling.

If you have viewed and relied on any of the above representations and purchased any of these Avon products, you may have a claim.  If you believe that you have been the victim of misleading or fraudulent advertising, contact Khorrami, LLP immediately for a free confidential consultation.

 

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