As part of its routine monitoring program, BBB National Programs’ National Advertising Division (NAD) conducted an inquiry into certain claims made by Drunk Elephant on social media and found that the brand provided a reasonable basis for its claim that certain skincare products featured in an Instagram post are “safe for kids and tweens to use.”
NAD also reviewed two TikTok videos showcasing Drunk Elephant’s B-Goldi Bright Drops and determined that the brand did not adequately disclose the material connection between Drunk Elephant and the influencers promoting its products. NAD Investigates Safety Claims for Drunk Elephant Skincare Products as part of its efforts to ensure transparency and compliance with advertising regulations. The Division recommended that Drunk Elephant reach out to the influencers to revise the posts and include clear disclosures of the material connection.
In the inquiry, NAD specifically addressed a Drunk Elephant Instagram post listing products deemed safe for children and tweens, including items such as Beste, LaLa, Bora, F-Balm, Wonderwild, and several others. NAD concluded that the brand had a reasonable basis for the claim that these products are safe for kids and tweens to use. During the inquiry process, Drunk Elephant voluntarily agreed to permanently discontinue the challenged testimonials featured in an Instagram video as part of their #BareWithUs campaign. NAD Investigates Safety Claims for Drunk Elephant Skincare Products to ensure that safety claims are supported by adequate evidence. Furthermore, Drunk Elephant confirmed it would display clear material connection disclosures if reposting content from influencers who receive free products.
Additionally, Drunk Elephant committed to guiding influencers to include clear and conspicuous material connection disclosures, with instructions on proper disclosure practices provided as part of the materials sent to influencers.
Regarding influencer posts, one TikTok video featuring Alix Earle, a paid Drunk Elephant influencer, featured a statement saying, “@Drunk Elephant you did it again – you guys know I’m obsessed with the bronzing drops… wait til you see these b goldi drops #drunkelephantpartner.” NAD determined that Earle’s material connection disclosure, “#drunkelephantpartner,” was not sufficiently clear and conspicuous, as it was only visible if viewers clicked on the “more” link to expand the comment. NAD Investigates Safety Claims for Drunk Elephant Skincare Products in this context to ensure proper transparency in influencer marketing. The NAD reached out to Earle to modify the post so the hashtag is visible without needing to expand the comment and to include a clearer material connection disclosure within the video itself.
A Drunk Elephant representative stated that the company “will comply with NAD’s recommendations” and expressed appreciation for NAD’s role in advertising industry self-regulation.
