Making fun of Gwyneth Paltrow’s lifestyle brand, Goop, is
easy. Among the vague but luxurious
sounding advice the brand websites promotes a wide assortment of products, from
dust as a smoothie additive (not a dietary supplement, not a bath salt, not a proprietary
formula, but dust which if I remember high school biology is predominantly dead
skin cells) to eggs (and not the kind to be eaten btw). To me, this is yin to the alt right yang of
shilling testosterone supplements and gold bullion. Both formats rely on existential fears and extraordinary
claims to market to their respective audiences and while some claims have
crossed the line into false advertising, this month’s settlement with Goop is
unsurprising in that is occurred but perhaps there is a golden egg delivered in
the California court decision.
This month the California Food, Drug, and Medical Device
Task Force announced a settlement with Goop regarding its misleading
representation of three products; a Jade Egg, a Rose Quartz Egg and an Inner
Judge Flower Essence Blend. The essence
blend promises to clear guilt, shame, self-criticism and blame, this is a
clever considering that the snake oil actually claims to cure snake oil buyer
regret. This means that the consumer is
free to purchase, guilt free. The eggs,
however are where the story gets juicy (sorry).
These products encourage women to insert solid stone eggs into their vaginas
in what Goop claims will allow them to “get better connected to the power
within.” The jade egg promises to promote
sexual energy and pleasure while the rose quartz will focus your positive
energy and love. Now removed, a page on
the Goop website promoted these eggs as a way to “increase vaginal muscle tone,
hormonal balance, and feminine energy in general.” Of course there is no grounding in science to
defend these claims, of course they are facially misleading, and of course the
claims were unsubstantiated by any competent and reliable scientific
evidence. This isn’t the interesting
part, this is the yin and yang expressed above, this is the PT Barnum path to
success, this is actually quite normal.
What shocks me the most is the defense used by Goop, now undoubtedly
familiar with false advertising claims, and the California court treatment of
this defense. The Goop defense was that
they were not directly making the claims
but that the wonders of vagina eggs were just the subjective experience shared
by many happy purchasers on Goop forums
and that similar ‘experts’ shared experiences as guest editors and bloggers to
the site, therefore Goop wasn’t making these claims. This is an interesting strategy but for a
variety of reasons I am not sure how it survived the brainstorming phase. Particularly in light of the Goop website
publication of articles like “Jade Eggs for Your Yoni” and “12 (More) Reasons
to Start a Jade Egg Practice”, both of which address criticism by claiming the purportedly
ancient practice is ahead of modern medicine and those critical of the practice
are sexually shaming respectively. It doesn’t
bolster the defense in that the first article was a guest post by “beauty
guru/healer/inspiration/friend Shiva Rose” who goes on to instruct owners to
recharge jade eggs drained of their ‘energy’ in the same manner as one would a
crystal, duh. However, it is the blog
posts by happy customers and well-meaning guest gurus that really get us to our
golden egg.
When a site promotes a product, statements by users and
others about the purported benefits can be considered advertisements of the
products themselves and thus should never be used to support claims that are
not otherwise supported by competent and reliable scientific evidence. The settlement was deliberately unclear as to
when this third party testimony rises to advertisements but it is a valuable
lesson for marketers and brands alike. You cannot hide behind the false claims
of others to support otherwise unfounded claims about your product,
particularly when this testimony is presented on your website where you also
sell these products.
The good news is a civil penalty of $145,000 was set aside
to refund purchasers and at $66 dollars each, means many buyers can
recover. Shame or embarrassment over the
purchase shouldn’t be an issue, after all this is what the Inner Judge Flower
Essence Blend is for. Alternatively, if
you are sold or have already huffed enough Essence Blend, then perhaps try one
yourself. The Jade Eggs are still being offered on Goop.
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