Avon Anew Wrinkle Cream Marketing Claims Draw FDA Warning Letter

The FDA has sent a warning letter to Avon, outlining marketing claims made in connection with several Anew wrinkle cream products, which allegedly violate the Federal, Drug, and Cosmetic Act.  

In a letter dated October 5, which was addressed to Andrea Jung, Chair and Chief Executive Officer of Avon Products, Inc., the FDA indicated that the marketing and labeling for the Avon products violates the federal regulations by describing uses that would classify the products as drugs, not cosmetics.

Products highlighted in the letter include the Avon Anew Clinical Advanced Wrinkle Corrector, Avon Anew Reversalist Night Renewal Cream, Avon Anew Reversalist Renewal Serum, Avon Anew Clinical Thermafirm Face Lifting Cream and Solutions Liquid Bra Toning Gel.

The FDA indicates that the marketing claims suggest the products are intended to affect the structure or function of the human body, which make them a drug that requires regulatory approval before being promoted or sold.

Among the violations were claims made by Avon marketing several of the products as an “at-home answer to wrinkle-filling injections,” boosting collagen in as little as 48 hours, stimulating elastin, regenerating hydroproteins, immediately plumping wrinkles and boosting Activin to repair damaged skin.

Avon also advertises Activinol technology, an “Activin booster,” to reactivate skin’s repair process and “recreate fresh skin and help dramatically reverse visible wrinkles.”

According to the FDA, Avon’s products are not “recognized among qualified experts as safe and effective for the referenced uses,” and are thus considered drugs which cannot be legally marketed in the United States without prior approval from the FDA through a New Drug Application (NDA). The letter advises Avon to correct the violations, or submit a plan outlining corrective action, within 15 days of notice of the letter. It also warns that under the Federal, Drug, and Cosmetic Act the FDA can authorize an injunction against manufacturers and distributors and seize the products.

The FDA also states that the warning letter is not all-inclusive and other products not listed in the letter may also be in violation of the Act if they are marketed in a similar manner as to cause them to be considered drugs. The investigators advise Avon to review and revise product labels, the website and other labeling and marketing of these products and any others with similar claims to ensure that product advertisements do not violate the act.

Last month, a similar FDA letter was sent over problems with Lancome anti-aging cream products, which were also allegedly promoted as providing medical benefits that have not been established or approved by the drug regulatory agnecy.

No injuries linked to any of the Avon or Lancome products have been reported to date; however, the FDA requested immediate action in both instances.