L'Oreal India Private Limited - L OREAL 1.0 PCT GLYCOLIC BRIGHT SERUM

Recommendation: Upheld | Medium: Suo Motu - NAMS (TAMS)

The ASCI had approached the advertiser for a response in addressing the objections raised in the complaint. The advertiser was offered an option to seek an Informal Resolution (IR) of the complaint by modifying or withdrawing the claims objected to in the advertisement. They were also offered an opportunity for a telecon with the ASCI Secretariat, which they did not avail, and requested for an extension to submit their written response. The deadlines stipulated by Consumer Complaints Council (CCC) procedure exist keeping in mind the immediate and widespread impact that advertisements have on the public. Consequently, any action which is needed to be taken with respect to the same is required to be prompt and urgent. It is for this purpose that the deadlines, as stipulated, are set for advertisers/broadcasters etc., and the CCC itself makes it a priority to deal with every complaint before it as expeditiously as possible. However, as a special gesture, the advertiser was granted an extension of additional three business days to respond. The advertiser in their response stated, “Two important criteria related to density of spots were chosen i. e. visibility and number. All data obtained was computed into linear regression model and it was concluded from this study that ratio of density of spots grades to age is 0.036 grade/year. These results were further used in the clinical study wherein the dermatologist evaluated the subjects using the criteria of the atlas and measured the difference in the density of spots after 14 days and the evaluation day at the starting point. The dermatologist found the decrease in the density of spot was 0.2. Based on the results obtained in the typology study and its extrapolation to the current study, it was calculated that while the density of spots increased by average of 0.036 grade/year, the product was able to decrease the density of spot by 0.2 thus reducing 5.5 years of spots in 14 days or 2 weeks.” As claim support data, the advertiser submitted the following documents: (1) Copy of advertisement, (2) Copy of Product Label, (3) Clinical Study Summary, (4) Published literature and Rationale, (5) Celebrity Endorsement, (6) Executive Report, (7) Ethics committee approval letter, (8) Links to the literature articles. The advertiser’s response along with the claim support data was referred to an Independent technical expert of ASCI for her opinion in the matter. The expert’s opinion was then shared with the advertiser for making any additional submissions. Post receiving the expert opinion, the advertiser had a meeting with the technical expert and the ASCI Secretariat via zoom video conference. In response to the expert opinion, the advertiser reiterated that “dermatologist assessment is not a subjective assessment but an objective one. The current objected claim is deduced from the results obtained from dermatologist assessment; however, we also have additional instrumental data (Chromameter) to support the clinical study results. The typology study confirms that there is a natural tendency of spot increase with age while the clinical study scientifically proves the reduction of the spots with the use of serum”. The advertiser further provided a technical dossier of `Loreal Paris Glycobright Serum’ showing atlas assessment – objective tool, Dermat objective assessment of spots, Snapshot of clinical study, Reduces dark spots – dermat assessment, Instrumental measurement of dark spots using chromameter, Rationale for ASEAN – 5 year claim The advertiser’s additional response along with the submissions was sent to the technical expert for her final opinion. The CCC viewed the Facebook advertisement, considered the complaint and the advertiser’s response along with the claim support data, and the expert’s final opinion presented at the meeting. The CCC observed that as per the advertiser, “the claim to reduce 5 years of dark spots in two weeks is based on a clinical study carried out with subjects having phototypes III-VI and the efficacy was assessed by reduction in dark spots using clinical assessment using skin ageing atlas, Volume 4, Indian Type by Brazin and Flament”. The CCC discussed that the advertiser compares the results of a typology study, which revealed a linear evolution of spots density with age changes. The results show a 0.036 grade/year increase in density based on the two criteria chosen, visibility and number of dark spots. This contribution may aid in understanding the various pigmentation and age-related changes seen in an Indian skin, but it cannot be used to objectively compare with the results of a clinical study for efficacy evaluation of a serum to address pigmentation and, in particular, spots reduction. The CCC further discussed that the meagre reduction in spots (as assessed by dermatologists in the clinical study) cannot be compared to the Typology study and claim that this is equivalent to reduction of spots over five years. The findings