The encyclopedia · Advertising & PR · Marketing decision · 2025
La Roche-Posay's 'No.1 recommended' claim banned — proof buried in the footer
La Roche-Posay claimed it was 'No.1 Dermatologist recommended'. Beiersdorf complained — the ASA banned the claim: proof sat buried below reviews.
La Roche-Posay · 2025-09
What happened
A product listing seen on 11 December 2024 on laroche-posay.co.uk promoted the MELA B3 cleanser with 'MELASYL FIGHT HYPERPIGMENTATION. A NEW MODE OF ACTION LIKE NEVER BEFORE' and 'N1 DERMATOLOGIST RECOMMENDED BRAND IN THE UK*', with the survey reference sitting at the bottom of a long footer below product reviews.
Rival Beiersdorf UK complained that the 'new mode of action' claim was misleading and unsubstantiated, and that the No.1 claim could not be substantiated or verified. La Roche-Posay defended with six studies including three randomised clinical trials and two patents for Melasyl; the No.1 title came from surveys of 73-78 consultant dermatologists. After the ASA contacted it, the company moved the footnote under the claim and added a 'to verify this claim, click here' link.
On 17 September 2025 the ASA upheld the complaint in part. The mode-of-action claim and the substantiation of the No.1 claim were not upheld, but the verifiability complaint was: the survey reference was not clearly connected to the claim at the top of the page, sat in a long footer visible only after scrolling past reviews, and the verification information covered only the 2024 survey while the page carried claims based on both 2023 and 2024 surveys. The listing breached CAP rule 3.35 and must not appear again in its current form.
Why it happened
- A comparative 'No.1' claim needs a visible route to the evidence — a footnote below product reviews is not one.
- The ASA said the footer signpost was 'likely to be overlooked' — buried proof is the same as no proof.
- The verification page covered only the 2024 survey, while the claim rested on both 2023 and 2024 surveys.
- The complaint came from rival Beiersdorf — the audience most likely to test a No.1 claim.
The lesson
A No.1 claim needs proof a reader can find: La Roche-Posay's 'No.1 dermatologist recommended' rested on a survey, but the verification sat below product reviews — the ASA banned the claim.
Aftermath
The ASA ruled the listing must not appear again in its current form and told L'Oréal to provide, or clearly signpost, information that lets consumers verify comparisons with identifiable competitors.
Sources
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