Chapter 15 495 accompanied by the inclusion of exotic sounding ingredients, whose purpose generally relates to product distinction and identification, rather than any salutary effects. Defining Different Types of Claims From the above discussions, it is clear that all claims are not created equally, and there is perhaps a need to try and assign descriptors to define different types that are encountered. At one end of the claims spectrum is a product claim which exists when it can be demonstrated that a formulation produces a technical and/or consumer-perceivable benefit to the hair. For example, conditioners lubricate the hair surface to improve the feel and aid with manageability. The reduced friction between a comb and hair can be measured using scientific instrumentation, while the benefit is clearly evident in consumer testing. That said, all commercially available conditioners will deliver this benefit to some degree. A superiority claim may be possible if one product demonstrates a higher benefit than competitors. However, these tend to be rare, as establishing such claims is obviously difficult and tedious, while also requiring substantial testing time. Also, as mentioned in Chapter 3, maximizing one benefit generally occurs at the expense of another. Therefore, for example, increasing a conditioner’s lubricating ability via high levels of surface deposition will often hinder the ability to attain body and volume (especially for fine-haired customers) due to a “weighing down” effect. In recent years quantitative claims have become very popular, where the magnitude of a given benefit is conveyed. Perhaps the earliest adoption of this approach involved Clairol’s 5X brand, which claimed to make hair five times stronger. This initially met with some controversy, but after the introduction of disclaimers clarifying test conditions, this approach has become an accepted and common practice. In actuality, the claim could be made by many similar products, but it is likely to be the one who shouts first and loudest that comes to own the message. Such an occurrence is often termed a pre-emptive claim.
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