HigherDose Advertising Claims Referred to Regulators After Noncompliance With NAD Inquiries

by · WWD
HigherDose Red Light HatNick Onken

The National Advertising Division, or NAD, the advertising industry’s self-regulatory body, will refer advertising claims made by HigherDose, to the regulatory authorities for failure to participate in two inquiries, it said Tuesday.

HigherDose markets a Red Light Hat advertised to support healthy hair growth and a Red Light Face Mask advertised to support firmer, smoother looking skin. As part of its routine, ongoing monitoring program, NAD inquired about certain express and implied claims that the Red Light Hat could support hair growth, increase blood flow and rejuvenate hair follicles, reduce shedding and strengthen roots, and that the Red Light Face Mask could reduce fine lines and wrinkles, improve the skin barrier and firmness, and increase skin hydration, among other claims.

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In two separate NAD inquiries, HigherDose elected not to participate. Accordingly, NAD will refer this matter to the appropriate regulatory authorities, including State Attorneys General, the FDA and the Federal Trade Commission. It is then up to the relevant bodies if they want to take the matter any further.

“We identified two specific products with pretty strong performance claims, and the advertiser did not want to participate in the self-regulatory process,” Annie M. Ugurlayan, assistant director, National Advertising Division of the BBB National Programs, said in an interview.

“Referrals are very rare. Most companies do participate. We have a over 90 percent compliance rate, so it is really a handful of cases that we have every year where they do result in referrals,” she said.

A rep for HigherDose said: “HigherDose stands behind its Red Light Hat and Red Light Face Mask. NAD’s process is voluntary. After careful consideration, we decided not to take part in this particular process. That decision does not reflect any doubt about our products or our claims, and NAD has made no finding to the contrary.”

Ugurlayan continued that the NAD has looked at red light devices in the past and the wellness industry is a space it is actively monitoring.

Last year, Huda Beauty voluntarily dropped claims around its Easy Bake Setting Spray following a complaint by Charlotte Tilbury Beauty, which was fast tracked by the NAD.