Homemark’s advertising for their product “Aragan Secret Nail Treatment” — a commercial that has elicited numerous complaints over the years — has been slapped down again.
Images of discoloured toenails and digital animations of infected toenails morphing into shiny, perfect specimens with the application of a bit of oil feature in the advert which “introduces” Homemark’s “... tried and tested Aragan Secret Nail Treatment Oil, which is harvested from the Aragan tree found only in Morocco ...”
The narrator explains how this oil contains ingredients that ensure “low pH levels to not only keep your nails smooth and attractive ...” and features various visuals of people applying this to their fingernails or toenails — some of which appear chipped or discoloured.
Words such as “strong” and “moisturised” appear on-screen and an animated image shows what appears to be a badly damaged or infected nail being treated with this oil, and transforming into a clear, smooth nail.
Two consumers filed complaints against the commercial with the Advertising Regulatory Board (ARB).
The first complainant referred to claims that the product “fights fungus and eczema” and pointed to previous ARB rulings and sanctions against similar claims for the product. He pointed out that the regulator has instructed its members not to accept Aragan Secret Nail Treatment adverts because the claims made are unsubstantiated and misleading.
He asked that DStv be sanctioned for flighting the advert.
The second complainant also referred to past rulings against the product that dated as far back as 2013. He acknowledged that though the advert had been changed slightly, he still objected strongly to the deception of consumers “which is not only disadvantageous to consumers, but also brings advertising into disrepute”.
He highlighted “the clear claim to treat nails with fungal disease, and other disease conditions” as problematic and strongly objected to the claim that the product was “tried and tested”.
Homemark denied the commercial claimed to treat fungus and eczema, speculating that perhaps DStv had flighted the incorrect version.
Homemark said the Aragan Secret Nail Treatment advert made no medicinal claims and argued that the product is “tried and tested” because it is imported from the EU, where products must meet rigorous consumer standards before being placed on the market.
Homemark further submitted “tried and tested” was not a medicinal claim and therefore did not require substantiation.
Homemark was given the opportunity to respond to the allegations that its claims are false and misleading, but failed to provide independent, objective evidence for any claims capable of substantiation as is required
The ARB’s directorate, in considering the complaints in line with applying the Code of Advertising Practice, noted the claims made in the commercial were the same or similar to those carried in old Aragan Secret Nail Treatment adverts that had already been sanctioned.
“Both complainants alleged that the advertiser appears to be disregarding earlier ARB decisions. Both complainants submitted that references to eczema and fungus still appear. The second complainant submitted that it was unbelievable that the advertiser continues to promote unsubstantiated claims for this product and objected to the claim that it was ‘tried and tested’.”
In a 2019 ruling on a complaint against the oil by Dr Harris Steinman, the ARB ruled that Homemark had failed to show that Aragan nail oil is capable of fighting “fungus and eczema”, and ARB members were instructed not to run the claims.
As evidence, Steinman explained a 2017 report published in the reputable Alternative Medicine Review, found no evidence argan oil was beneficial to nail conditions, including nail fungus. He included another review, published in the Journal of Pharmacy and Pharmacology, laying out failed efforts to validate the claims, and a 2014 review focusing on the cosmetic benefits of Aragan oil that reported “no evidence for efficacy, while two further studies noted that this oil may cause eczema”.
A year later, in response to another complaint by Steinman, Homemark failed to submit evidence to show that that the oil is capable of repairing or treating ingrown nails, thick nails, broken nails, flaky nails, brittle nails or deformed nails. ARB members were again advised not to accept such claims in future advertising.
The ARB noted that alerts had been sent out to the advertising industry instructing members not to accept Homemark's Aragan Secret Nail Treatment adverts claiming to “fight fungus and eczema” along with other unsubstantiated claims that it can treat ingrown, thick, broken, flaky, brittle or deformed nails.
The latest complaint noted that the new adverts continued to be clearly in breach of the earlier rulings, despite Homemark's denials.
“The copy of the television commercial provided to the directorate makes no such claim, which suggests that the advertiser may be correct in suggesting that the broadcaster flighted the incorrect commercial. Given that there appears to be no reference to ‘fungus’ or ‘eczema’ in the current commercial, this aspect of the breach complaint is dismissed. However, this is not the end of the matter. As noted in the ruling issued on November 24 2020, any claim that the product can treat and repair ingrown nails, thick nails, broken nails, flaky nails, brittle nails or deformed nails would still be problematic, as evidence of this has not yet been presented to the ARB,” the regulator found.
Homemark was given the opportunity to respond to the allegations that its claims are false and misleading, but failed to provide independent, objective evidence for any claims capable of substantiation as is required.
“It provided no evidence, but submitted that they are entitled to claim that the product is ‘tried and tested’ by virtue of the fact that it is sold in the EU where rigorous testing standards were adhered to. However, no evidence of such rigorous testing, product approval or any efficacy was submitted,” the ARB noted.
Referring to numerous images of discoloured and crusty toenails transformed into shiny, clear, smooth nails after the secret oil is applied, the regulator said while it accepted that there were no overt references to repairing “ingrown, thick, flaky, brittle” nails, these images conveyed the same message.
“Viewed as a whole, the communication to consumers is still that this product, when applied to your nails, will result in a similar ‘before’ and ‘after’ experience, ultimately delivering clear and healthy-looking nails. The implied efficacy is also evident in the product name Aragan Secret Nail Treatment oil,” said the ARB, explaining why the commercial was once again in breach of the Advertising Code for making misleading and unproven claims.
Once again, the regulator instructed its members not to accept Aragan Secret Nail Treatment adverts that make direct or implied claims (including visual claims) that the product can treat nails or nail damage.
Would you like to comment on this article?
Sign up (it's quick and free) or sign in now.
Please read our Comment Policy before commenting.