-- Unilever has agreed to settle Federal Trade Commission charges that it did not have adequate substantiation for advertising claims for its Vaseline Brand "Intensive Care Anti-Bacterial Hand Lotion (VICAL)."
Unilever advertised VICAL as a hand lotion that "stops germs longer than washing alone." The ads also claimed that VICAL provides enough germ protection to "stop germs for hours."
The proposed settlement would prohibit Unilever from making claims about any antimicrobial product unless it possesses scientific substantiation.
"No marketing claims will wash without adequate substantiation. That's the law," said Jodie Bernstein, Director of the FTC's Bureau of Consumer Protection.
"And right now, there's simply no evidence that using anti-bacterial lotion reduces the incidence of any disease. We want consumers to know that washing well with soap and water is as good as it gets when it comes to warding off disease causing germs and protecting themselves from colds and flu."
Unilever, based in New York, ran ads for VICAL that were widely disseminated throughout the country. The advertisements appeared on television, in magazines, on the radio and in newspaper inserts. The ads contained statements such as:
- "NEW VaselineBrand Intensive Care Lotion Anti-Bacterial Hand Lotion STOPS GERMS LONGER THAN WASHING ALONE"
- "Arm your hands With The Only Hand Lotion That HEALS DRYNESS With Proven Vaseline Moisturizers And Stops Germs For Hours."
The FTC alleged that by making such claims, Unilever is deceiving consumers into believing that by using VICAL, they will be shielded from disease-causing germs.
According to the complaint, the degree and duration of the lotion's effectiveness have not been scientifically established. In addition, it is noted that VICAL's active ingredient is "triclosan" - an anti-bacterial ingredient used in many consumer products. According to the complaint, triclosan has not been proven effective against viruses - the cause of the most common diseases suffered by consumers, including colds or influenza.
The proposed consent agreement would prohibit Unilever from making any claims that VICAL or any antimicrobial product is as effective as, or more effective than, washing alone in protecting users against germs; has a continuous effect against germs; has any effect on any specific germ; or treats, cures, alleviates the symptoms of, prevents, or reduces the risk of developing colds, allergies, influenza, food-borne illnesses or any other disease or disorder, unless they possess competent and reliable scientific evidence.
The proposed order would not apply to any product sold or distributed to consumers by third parties under private labeling agreements with Unilever, provided Unilever does not participate in any manner in the funding, preparation or dissemination of the product's advertising.
