FDA Warns Some Skin Creams Don’t Work as Advertised
By Robert J. Boumis
Some of humanity’s oldest myths feature magical potions and artifacts that can reverse aging. These myths appeal to people’s fear of aging. Similarly, people have tried to capitalize on this fear, selling products alleged to reverse aging, or at least make people appear younger. Unfortunately, some modern anti-aging products make claims that they can’t live up to.
The United States Food and Drug Administration maintains alert pages that warn consumers of products that make unsubstantiated claims. One of the more recent pages lists dozens of skin creams with alleged anti-aging properties, including products from the U.S., Europe and South America. These anti-aging products often boast features like the ability to reverse or slow the aging process, as well as the ability to reduce the appearance of wrinkles.
The claims fall into several categories. Some anti-aging face creams make what the FDA terms “drug claims.” Drug claims are statements indicating that a product changes the way the body works in some way. For example, many skincare products make the assertion that their wrinkle creams make changes to collagen fibers within the skin. If a product actually makes changes to the inner workings of the human body, it is subject to the laws that govern drugs. These include rigorous clinical testing to prove both efficacy and safety. These regulations are intended to protect consumers from both dangerous products and ineffective ones. Without such testing, a product cannot legally make drug claims for products marketed in the United States.
Additionally, some anti-aging face cream labels claim that their advertising claims are backed up by “studies” or “research.” Often, this is not the case. In legitimate clinical testing, research must be submitted for peer review for evaluation by other experts. Researchers must disclose conflicts of interest – situations where their integrity might be compromised, such as when a skin cream company finances research on their own products’ efficacy. In some cases, the “testing” may not have even taken place. Marketing a product on false claims can leave a manufacturer vulnerable to false advertising lawsuits.
Lawsuits have been filed against the manufacturers of various anti-aging skin creams. These lawsuits allege that manufacturers have oversold their products, making unsubstantiated claims about their anti-aging effects. These lawsuits hold that such actions constitute fraud, in that they get people to buy their products with false claims.
Plaintiffs in these false advertising lawsuits often seek punitive damages (damages designed to punish the offender and discourage further misconduct, and don’t necessarily get paid directly to the plaintiff) as well as recoupment of monies spent on the product in question.
If you have used anti-aging or “wrinkle-reducing” skin cream and found yourself unsatisfied with the results, you may have a case. You can start to explore your legal options by visiting the Anti-Aging Skin Care Product Class Action Lawsuit Investigation and see if you qualify to pursue compensation for your purchase.
All class action and lawsuit news updates are listed in the Lawsuit News section of Top Class Actions
