Zydus Wellness Limited - Complan

Recommendation: Upheld | Medium: General Public

The ASCI approached the advertiser (yourself) for its response in addressing the grievances of the complainant and forwarded the details of the complaint, verbatim, to the advertiser with a request to respond to the same. The advertiser was offered an option to seek Informal Resolution (IR) of the complaint by modifying or withdrawing the claim objected to in the advertisement, or alternately to substantiate the claim with the required supporting data. The advertiser was also offered an opportunity for a telecon with the ASCI Secretariat, which they did not avail but submitted their written response. In response to the complaint, the advertiser responded by confirming that in the TVC which appeared on Sonic Nickelodeon on 21.01.2021, the requisite disclaimer was missed out at their end and the same has been rectified. Advertiser provided a copy of the revised TVC. As this response being inadequate, ASCI Secretariat informed the advertiser that an addition of a disclaimer in the advertisement is by itself not sufficient to support the claim, and advised them to submit claim support data for the claim of "2X Faster Growth”. Advertiser did not submit their response addressing the complaint prior to the prescribed due date for this complaint. The Consumer Complaints Council (CCC) viewed the TVC / YouTube advertisement and considered the advertiser’s response. The CCC noted that the relevant disclaimer was missed out in the TVC and that the advertiser has rectified the same in the revised advertisement. However, the advertiser did not provide specific information for the product such as a copy of the Product approval license, product label, and Product composition details. Also, there was no clinical data/test report submitted to prove that the product provides 2X faster growth. The CCC also noted that the basis of comparison was not stated in the advertisement. In the absence of claim support data, the CCC concluded that the claim, “2X Faster Growth” was not substantiated. The claim is misleading by exaggeration and could cause grave and widespread disappointment among consumers. The TVC / YouTube advertisement contravened Chapter I,1.1, 1.4, and 1.5 of the ASCI Code. This complaint was UPHELD.