The ad industry’s battle over what it calls the “unfair” use of the makeup ad industry has been heating up.
On Thursday, two prominent advertisers, PepsiCo and General Mills, sent a letter to the Food and Drug Administration (FDA) urging it to crack down on what they called the “fraudulent use” of makeup ads.
In their letter, Pepsi and General Millines argued that the use of their brands’ products for products that contain the same ingredients as those sold by competitors could violate the federal Fair Housing Act, as well as the Fair Labor Standards Act.
The FDA is expected to rule on the claims at a hearing in April.
According to the letter, the FDA will consider whether the use “does not materially mislead consumers in a manner that is materially different from that which would be apparent from the ordinary course of trade” if the brands were sold at the retail level.
It’s an issue that has drawn attention in the wake of the release of the FTC’s annual report on cosmetics advertising.
The report shows that the makeup industry has a $2.3 billion industry worth $11 billion.
But in the letter to FDA Commissioner David Kessler, Pepsi’s president and chief executive officer John Goethals and General Foods’ president and CEO John McGraw argued that “the advertising for [their] products does not misrepresent that the products are intended for use with certain products.”
In other words, they argued that since they are not “advertising for a specific product,” the “advertising” used by the brands is not deceptive.
But, according to the FTC, the two brands were not selling a product that contained the ingredients for which they are advertising.
The FTC said the two companies were not advertising for a product with the same ingredient but were selling a different one.
According the agency, the companies “are selling products that are not intended for consumers to use as a result of the advertising” and that the brands’ advertisements “do not materially misrepresent that these products are not available in a specific geographic area.”
“To the extent that the advertising does not mislead, it does not constitute deceptive conduct,” the FTC wrote.
In a statement to The Associated Press, Pepsi spokesperson Jeff Koppel said that the company was not commenting on the case.
“We do not sell our products in the United States,” Koppal said.
“The ad campaigns for our products that we use to sell in the U.S. are intended to be used by consumers outside the United