モニター会員や購入者を対象にしておこなった調査において、良い結果が得られれば「満足度98%」などと、広告でPRしたくなるでしょう。しかし、化粧品広告は薬機法で細かく規制されていて「満足度〇〇%」はケースによってはアウトとなります。
本稿では景品表示法務検定アドバンス所有のライターが、化粧品広告で満足度などアンケート結果を示す際の注意点などを解説します。
薬機法では効果や安全性の保証表現は禁止
まずは化粧品広告における表現のルールを見てみましょう。
広告表現の薬機法における留意事項などを定めた医薬品等適正広告基準では次のように規定しています。
3 効能効果、性能及び安全性関係
(5)効能効果等又は安全性を保証する表現の禁止
医薬品等の効能効果等又は安全性について、具体的効能効果等又は安全
性を摘示して、それが確実である保証をするような表現をしてはならない。
(5)使用体験談等について
愛用者の感謝状、感謝の言葉等の例示及び「私も使っています。」等使
用経験又は体験談的広告は、客観的裏付けとはなりえず、かえって消費者
に対し効能効果等又は安全性について誤解を与えるおそれがあるため以
下の場合を除き行ってはならない。
なお、いずれの場合も過度な表現や保証的な表現とならないよう注意す
ること。
上記には「アンケート」「調査」といった表現は出てきませんが、調査やアンケートの結果であっても効能効果を保証するものはアウトと考えられます。
口コミでは化粧品での標ぼうが可能な範囲でも効果に触れることそのものが効果の保証にあたるとみなされ不可となっています。たとえ事実でも、です。
つまり実際の調査結果であっても効果に関するものは認められません。
「満足度〇〇%」も表示不可
「でも、満足や実感であれば効能効果にあたらないのでは?」と思われるかもしれません。
しかし、日本化粧品工業連合会(粧工連)の「化粧品広告審査会において話題となった広告表現」では以下のようにあります。
2.製品
スキンケア類
3. 指摘事項
「満足度93%!!」、「愛用者の98%が満足」
4.内容説明
効能効果又は安全性以外の使用方法・使用感・香りのイメージ等であることが、
明示されることなく、満足度の高い人が多数存在することをデータで示すことは、
効能効果又は安全性が確実であるかのような誤解を与えるおそれがあります。
(引用元:化粧品広告審査会において話題となった広告表現|日本化粧品工業連合会)
化粧品等の適正広告ガイドライン【2020年版】でも次のように規定されています。
E22 「調査結果に基づく数値」の表現
「満足度93%!!」、「愛用者の98%が満足」のように、調査結果に基づき数値で示すことは、効能効果又は安全性が確実であるかのような誤解を与えるおそれがあるので、原則として行わないこと。
以上から
満足度や実感でも、調査結果に基づく数値を示すのは原則不可です。
ただ、ガイドラインは次のように続きます。
ただし、効能効果又は安全性に対して誤認を与えることのない、「使用方法、使用感、香りの嗜好性等」に関するものであって、客観的調査に基づき、調査の概要を明示し、調査の結果が適正に引用されている場合については認められるものとする。
数値の表示は
- 「使用方法、使用感、香りの嗜好性等」に関するものあって、
- 客観的調査に基づき、
- 調査の概要を明示し、
- 調査の結果が適正に引用されている場合
に限り、効能効果や安全性について誤認を与えない範囲であれば可能ということになります。
単に「満足度98%」としたのでは消費者が「効果や安全性についての満足度表示」であると誤認しかねないためですね。
NG
・購入者の〇〇%が効果を実感
・満足度93%!!
OK
・使いやすさの満足度93%!!
・愛用者の〇〇%が香りが良いと回答
満足度表記に※などで「使いやすさ」と注釈をつけても、離れた場所や小さな文字の場合、認められません。消費者から見づらく、気づかない恐れがあるためです。
ヘルスケアの広告規制は基本的に、消費者目線で考えます。他のルールに関しても同じですので覚えておいてください。
もちろん、事実であることが前提です。
調査人数も十分に確保する必要があります。
たとえば香りの満足度98%とした場合、かなりの人数が満足している印象を与えます。そのため、相当数の調査人数を対象とした結果でなければ、景品表示法の優良誤認表示や誇大広告にあたる可能性があります。
顧客満足度の表示をする場合パーセンテージだけでなく
- 調査方法
- 調査人数
- 調査対象
- 調査期間
など具体的に明記し、誤認を与えないようにする配慮が重要です。
顧客満足度No.1は景表法に注意!
気をつけなければならないのが、「顧客満足度No.1」「お客様満足度○○部門No.1」などの「No.1表示」です。No.1表示は魅力的であるがゆえに不当表示が行われやすく、景品表示法で規制されています。
No.1表示には客観性な調査が必要
公正取引委員会事務総局の「No.1表示に関する実態報告書」(以下「実態報告書」といいます)では、No.1表示が不当表示とならないためには客観的な調査に基づいていなければならないとしています。
客観的な調査といえるためには、
- 関連する学術界又は産業界において一般的に認められた方法又は関連分野の専門家の多数が認める方法
- 社会通念上及び経験則上妥当な方法
のいずれかによることが必要です。
満足度等の算定には
無作為抽出法で相当数のサンプルを選定し、作為が生じないように考慮して行うなど、客観性が担保される方法でおこなうことが求められます。
株式会社RAVIPA(ラヴィパ)が令和元年8月20日に不当表示(優良誤認・有利誤認)の疑いで行政処分を受けています。
内容
株式会社RAVIPA(ラヴィパ)は「薬用Hairmoreスカルプエッセンス」と称する商品について自社ウェブサイトにおいて、例えば、遅くとも平成30年10月1日から令和元年6月24日までの間、「顧客満足度91.3%」と表示するなど、あたかも、本件商品に対する顧客の満足度が非常に高いものであるかのように表示していた。
顧客満足度等の算定には無作為抽出法で相当数のサンプルを選定し、作為が生じないように考慮して行うなど、統計的に客観性が十分に確保されている調査を行わなければならないが、同社の行った調査はそのようなものではなかった。また、同調査は、顧客に対するものではなく、商品モニターに対して行ったものであった。
商品等の範囲も明記すること
No1表示をする際は、
「商品等の範囲」つまり”どこのなににおいて”No1なのかを、明瞭に記す必要があります。
(1) 商品等の範囲に関する表示
No1表示の根拠となる調査結果に即して,一般消費者が理解することができるようにNo.1表示の対象となる商品等の範囲を明りょうに表示すること。
(明りょうでない表示例)
「お客様満足度○○部門No.1」(注:○○は化粧品の種類,表示物は化粧品の通信販売に用いられているもの)(実際には,化粧品全体の○○部門における調査結果ではなく,通信販売される化粧品の○○部門における調査結果であった。)
「○○健康食品シェアNo.1」(注:○○は特定の栄養成分等)(一般消費者にとって,○○健康商品の範囲を理解することは困難なものであった。
引用元 No.1表示に関する実態調査について
NG
「お客様満足度○○部門No.1」
「○○健康食品シェアNo.1」
OK
「お客様満足度○○部門No.1(〇〇サイトにおける育毛シャンプー、調査期間〇〇~〇〇)」
「○○健康食品シェアNo.1(〇〇通販におけるブルーベリーサプリ、調査対象〇〇人)」
調査対象や方法、人数については明確な規定はありません。不当表示とみなされないよう、できる限り詳細に明記することが大事といえるでしょう。
ルールを守って適正広告を
満足度表示は魅力的ですが、化粧品広告で表示できるのは使用方法、使用感、香りの嗜好性に関してのみです。またNo1表示は景品表示法上の不当表示となることがあります。調査方法や人数、期間などについても可能な限り詳しく表示することを心がけましょう。
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