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English Edition

Amorepacific-invested ‘Refilled’s’ ‘Developed by a Medical Doctor’ advertisement potentially violates Cosmetics Act… No response from company

English translation of the original Korean report. Images and source documents may contain Korean text.

리필드 토닉 상세페이지. 양미경 연구소장이 흰 가운 차림으로 나오고 그 아래 서울대 의학박사가 개발한 성분이라는 문구가 붙었다. 특허번호 일부 가림. (출처=리필드 홈페이지)
Refilled Tonic product detail page. Research Director Yang Mi-kyung appears in a white lab coat, and below that, a phrase states that the ingredient was developed by a Seoul National University medical doctor. Patent number partially obscured. (Source=Refilled website)

Enforcement Rule of Cosmetics Act prohibits advertisements claiming doctor development… ‘Regardless of pregnancy’ guidance lacks disclosure of tests on pregnant women

Refilled, a scalp brand that declared, “We do not sell hair loss shampoo,” is now featuring a research director who is a former doctor, dressed in a white lab coat, in the advertisement for its No. 1 selling tonic. It is a brand of Constant, led by CEO Jeong Geun-sik. The Enforcement Rule of the Cosmetics Act prohibits advertisements claiming that medical or pharmaceutical professionals, such as doctors, developed cosmetics.

According to Refilled’s official website on the 5th, on the product detail page for cADPR Booster Tonic, introduced as the ‘No. 1 cumulative sales hair tonic,’ Refilled Research Director Yang Mi-kyung appears in a white lab coat. Below that, a phrase states, “The world’s only Refilled exclusive ingredient developed by Seoul National University medical doctor, Research Director Yang Mi-kyung.” The brand introduction also states, “The fruit of 30 years of research by Seoul National University medical doctor, Research Director Yang Mi-kyung.”

리필드 공식 홈페이지의 베스트셀러 제품 소개 화면. 'cADPR 부스터 토닉'을 '누적 판매 1위 헤어토닉'으로 홍보하고 있으며, 모발 빠짐 78.59% 개선 효과를 강조하고 있다. (출처=리필드 홈페이지)
Bestseller product introduction screen on Refilled’s official website. It promotes ‘cADPR Booster Tonic’ as the ‘No. 1 cumulative sales hair tonic,’ and emphasizes a 78.59% improvement effect in hair loss. (Source=Refilled website)
리필드 브랜드 소개 페이지. cADPR을 서울대학교 출신 의학 박사 양미경 연구소장의 30년 연구 결실이라고 적었다. (출처=리필드 홈페이지)
Refilled brand introduction page. It states that cADPR is the fruit of 30 years of research by Seoul National University medical doctor, Research Director Yang Mi-kyung. (Source=Refilled website)

Research Director Yang is a doctor. In an interview in March this year, she introduced herself as a graduate of Seoul National University College of Medicine and stated that she operates a specialized hair loss clinic.

Enforcement Rule Annex 5 prohibits advertisements that state or imply that medical or pharmaceutical professionals, such as doctors, researched and developed cosmetics. The Korea Cosmetics Association’s advertising advisory commentary listed ‘cosmetics co-developed by a doctor from OO University’ and development advertisements using a doctor’s photo as prohibited expressions. Refilled’s wording merely uses ‘medical doctor’ instead of ‘doctor,’ but the structure is similar.

화장품법 시행규칙 별표5 제2호 다목. 의사 등 의·약 분야 전문가가 화장품을 연구·개발했다는 광고를 금지하고, 학회 등에서 공인된 인체 적용시험 결과만 문헌 인용을 허용한다. (출처=국가법령정보센터)
Cosmetics Act Enforcement Rule Annex 5, Article 2, Item (c). It prohibits advertisements stating that medical or pharmaceutical professionals, such as doctors, researched and developed cosmetics, and only allows citation of human application test results officially recognized by academic societies, etc. (Source=National Law Information Center)

■ Exception: Citation of human trials recognized by academic societies… paper on the detail page is a cell experiment

The only exception to the regulation is when the results of human application tests (tests on human subjects) are officially recognized through academic presentations, etc. Even then, it only means that relevant literature can be cited, not that doctors can be prominently featured. Of the three authors of the paper published on the detail page, two are affiliated with Constant, and the research was conducted without external funding. Refilled itself stated that it was “not a human application test” but a cell experiment result. A human application test conducted under the tonic’s full product name involved 23 people over 4 weeks, and there is no indication that it was officially recognized by an academic society.

The advertisement for the now-discontinued shampoo was similar. According to past detail page materials, Research Director Yang, dressed in the same attire, answered, “Anyone can use it, regardless of pregnancy.” Answers stating that it is “safe to use during breastfeeding” and that men can use it “without worrying about side effects” were also included.

The basis for this safety explanation also contradicts the facts. Refilled has referred to the key ingredient cADPR as ‘cytokine,’ and the current product name also includes ‘Cytokine cADPR.’ It then stated that it is safe during breastfeeding “because cytokine ingredients are composed of bodily proteins.”

미국 국립보건원 화학 데이터베이스 펍켐의 cADPR 항목. 분자량은 541.30이고 뉴클레오타이드로 분류돼 있다. (출처=펍켐)
cADPR entry in PubChem, the U.S. National Institutes of Health chemical database. Its molecular weight is 541.30 and it is classified as a nucleotide. (Source=PubChem)

However, according to PubChem, the U.S. National Institutes of Health chemical database, cADPR is not a protein but a small molecule with a molecular weight of 541. PubChem classifies this substance as a nucleotide (a class similar to the building blocks of genetic material). A paper co-authored by a Constant affiliate also described cADPR as a signaling molecule that moves calcium within cells. There are no tests on pregnant women in the disclosed detail page or the paper.

아모레퍼시픽홀딩스 반기보고서 타법인출자 현황. 6월 말 콘스탄트 지분율은 6%, 장부가액은 20억원이다. 금액 단위는 백만원. 표가 길어 위쪽 항목명을 콘스탄트 줄 위로 옮겨 편집했다. (출처=금융감독원 전자공시)
Amorepacific Holdings Semi-Annual Report: Status of Investments in Other Corporations. As of the end of June, Constant’s equity stake is 6%, and its book value is 2 billion won. Amount unit is million won. The table was long, so the top item names were moved above the Constant row for editing. (Source=Financial Supervisory Service Electronic Disclosure System)

Amorepacific-affiliated funds are also invested in Constant. Amorepacific stated to the press in September that it is merely a minority shareholder and does not interfere with management or marketing. Amorepacific Holdings’ semi-annual report listed Constant as an associate company with significant influence due to its right to appoint directors, and as of the end of June, its equity stake was 6%, with a book value of 2 billion won.

Research Director Yang stated at a press conference in July that the paper was basic research and that “additional clinical trials are needed for official verification.” Constant responded to the Korea Atomic Energy Newspaper in September, stating that it had disclosed at the press conference that human clinical trials had not yet begun, that it was preparing relevant clinical trials, and that the results would be released separately.

Newsfield sent an email inquiry to Constant CEO Jeong Geun-sik on the 5th regarding the legality of the ‘developed by a medical doctor’ advertisement and the basis for safety guidance for pregnant and breastfeeding women, but had not received a response by the time the article was written. Attempts were also made to contact the company’s main number, but only an automated response stating, “Due to internal circumstances, phone consultations are temporarily unavailable,” was received.

Newsfield English Edition

This article is an English translation and may contain translation errors. For the accurate wording and full context, please refer to the original Korean article.

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