In a BBB National Programs’ National Advertising Division Fast-Track SWIFT challenge initiated by competitor Charlotte Tilbury Beauty Inc., HB USA Holdings, Inc. (Huda Beauty) voluntarily agreed to permanently discontinue the claim that its Easy Bake Setting Spray is the “strongest setting spray ever?” and that it is stronger and lasts longer than Charlotte Tilbury’s setting spray.  

Fast-Track SWIFT is an expedited challenge process designed for single-issue advertising cases brought to the National Advertising Division (NAD).

The challenged claims appeared in a TikTok video by an influencer comparing the ease with which makeup sprayed with Charlotte Tilbury’s setting spray could be wiped off versus Huda Beauty’s setting spray. Huda Beauty reposted the video on Instagram but removed it just before NAD initiated its review. Huda Beauty’s founder commented on the influencer’s post, thanking her, stating Huda Beauty had to remove the video from their Instagram due to Charlotte Tilbury’s request, a comment that was also removed.

NAD noted that while Huda Beauty and the influencer do not have a formal contract or compensation agreement, the influencer has reviewed Huda Beauty products in the past and occasionally receives free products from the company, including the setting spray in the challenged video. NAD also noted that although the Instagram video has been discontinued, the original TikTok video was still being displayed by the influencer when the challenge was filed. 

NAD has previously determined that when an advertiser and an influencer have a longstanding, informal relationship that includes providing free products, and the advertiser is aware of potentially unsupported claims made by the influencer, the advertiser may be required to take additional corrective action.

In this case, NAD recommended that Huda Beauty make a good-faith attempt to request that the influencer remove the TikTok video.

NAD also acknowledged Huda Beauty’s steps to discontinue the challenged claims. The voluntarily discontinued claim will be treated for compliance purposes as though NAD recommended it be discontinued.

In its advertiser statement, Huda Beauty stated it “will comply with NAD’s decision and recommendation.”

All BBB National Programs case decision summaries can be found in the case decision library. For the full text of NAD, NARB and CARU decisions, subscribe to the online archive. Per NAD/NARB Procedures, this release may not be used for promotional purposes.