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

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.”

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.

■ 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.”

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.

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.