What are the Two Things Missing in the FTC Settlement with L’oreal?

In national advertising campaigns that encompassed print, radio, television, Internet, and social media outlets, L’Oreal claimed that its Génifique products were “clinically proven” to “boost genes’ activity and stimulate the production of youth proteins that would cause “visibly younger skin in just 7 days,” and would provide results to specific percentages of users. Similarly, for its Youth Code products, L’Oreal touted – in both English- and Spanish- the “new era of skincare: gene science,” and that consumers could “crack the code to younger acting skin.” Charging as much as $132 per container, L’Oreal sold Génifique nationwide since February 2009 at Lancôme counters in department stores and at beauty specialty stores. The company has sold Youth Code, which costs up to $25 per container at major retail stores across the United States, since November 2010.