NAD Challenges Amyris' Sustainability and Shark Conservation Claims in Biossance Ads

Earlier this month, the National Advertising Division of BBBNational Programs (NAD) recommended that Amyris Clean Beauty,Inc.'s (Amyris) Biossance skincare products modify ordiscontinue several claims regarding their "clean" and"ethically and sustainably sourced" ingredients,including:

• "Clean ingredients and clean formulas-we ban over2000 ingredients that are known to be toxic to you and theenvironment. All of our ingredients are also ethically andsustainably sourced."
• "Our 100% sugarcane derived squalane is ethically andsustainably sourced, keeping 2 million sharks every year safe fromliver harvesting."
• "Did you know our squalane is sugarcane derived andit's a hero ingredient in *every* Biossance formula? Thismiracle multitasker locks in weightless moisture, calms andprotects, and improves elasticity."

NAD concluded that Amyris provided a reasonable basis for itsclaims about the source of the squalane and its efficacy as askincare ingredient. However, NAD recommended Amyris:

• Modify its claim about banning over 2,000 ingredients tospecify those typically used in cosmetics
• Discontinue or modify the claim about saving 2 million sharksannually
• Discontinue using the claim that all ingredients are ethicallyand sustainably sourced

"Clean" Ingredients Claim

Evaluating the claim "Clean ingredients and cleanformulas-we ban over 2000 ingredients that are known to betoxic to you and the environment," NAD noted that unqualified"clean" claims can be deceptive, especially consideringrecent concerns over the presence of PFAs in cosmetics.

Although Amyris qualified its "clean" claim byexplaining that the Biossance products exclude "over 2,000ingredients that are known to be toxic to humans and theenvironment," NAD found Amyris's substantiation for thisqualified statement insufficient.

Amyris provided statements and lists from regulatory bodies,countries, and trade associations concerning harmful substances(such as the Environmental Working Group's "UnacceptableList" of ingredients). However, NAD found that it could notascertain whether there were 2,000 different ingredients listed orwhether the excluded ingredients are typically used as cosmeticingredients.

Ethically and Sustainably Sourced Claims

Reviewing Amyris's claim that it keeps "2 millionsharks every year safe from liver harvesting," NAD found thatthe substantiation provided (a 2012 report estimating 1,363 sharkskilled per ton of squalane created per year) did not provide anaccurate figure as to the number of sharks saved.

NAD then determined that the third-party certification Amyrissubmitted provided a reasonable basis for the claim "Our 100%sugarcane derived squalane is ethically and sustainablysourced." NAD noted that the certification, which applies tosugarcane mills, is awarded based on an assessment of"environmental, social and human rights risks, labor rightsand occupational risks and production and processes focused onenhancing sustainability" and an assessment of each step inthe sugarcane's chain of custody in the production process. NADdetermined this was a reasonable basis for the claim.

However, NAD determined that the broader claim that "all ofour ingredients are also ethically and sustainably sourced"was not adequately supported by Amyris's Supplier Code ofConduct, because such codes of conduct are only aspirational andfail to prove that the ingredient suppliers are adhering to thedelineated conduct.

Efficacy Claims

For its claim "Did you know our squalane is sugarcanederived and it's a hero ingredient in *every* Biossanceformula? This miracle multitasker locks in weightless moisture,calms and protects, and improves elasticity," Amyris presentedthree randomized, double-blind studies assessing the impact ofsqualane in the form and range of the amount found in the Biossanceproducts. Each of the studies conducted included a Trans-EpidermalWater Loss (TEWL) assessment, which was sufficient to substantiatethe moisture-locking claim, according to NAD. NAD agreed that inthis context, "protects" also speaks to skinhydration.

Finally, NAD accepted Amyris's assertion that the"calms" claim refers to the product's impact on skininflammation, and reliance on one of the randomized, double-blindstudies' spectrocolorimeter analysis of the ingredients'impact on the skin. NAD also found that Amryis relied onwell-recognized instruments for assessing skin elasticity. NADdetermined the results of the studies were statisticallysignificant and provided a reasonable basis for Amyris'sefficacy claim.

NAD's assessment of Amyris's claims follows a familiarpattern but offers further insight into its views on unqualified"clean" claims and skin "protection" claims.Further, the case makes it clear that NAD is willing to acceptthird-party certifications for "ethical and sustainable"claims in limited, qualified circumstances.

The content of this article is intended to provide a generalguide to the subject matter. Specialist advice should be soughtabout your specific circumstances.