Blue Star Limited - Blue Star Air Conditioner

Recommendation: Upheld | Medium: Suo Moto

Heard the Learned Representatives of ‘Blue Star Limited’ represented by Mr. Sumit Thakur - General Manager & Head – Legal, Ms. R.S. Priya - General Manager- Corporate Communications & Marketing Services and Mr. S.M. Kulkarni - Senior General Manager - R&D (Commercial AC & Refrigeration)(Advertisers) who are the manufacturers of ‘Blue Star Air Conditioner’ and Ms.Archana Sabnis (Complainant) at length. I was assisted by the independent technical expert, Prof (Dr.)Jayesh Bellare. The above IRP proceedings were conducted on 19th January, 2021, and on 29th January 2021 at 11:00 am through the Zoom video conference. Heard the Representatives of the Advertiser at length. Heard the Complainant also. The Technical Expert Prof. (Dr.)Jayesh Bellare was also present. Visually saw the Advertisement which was telecast on NDTV News Channel. Perused the latest reply of the Advertiser dated 25th January 2021. The Advertiser has filed this IRP proceedings, aggrieved by the Order of Recommendations dated 18th December, 2020, passed by The Consumer Complaints Council (CCC) whereby two complaints, were upheld viz. 1) Misleading Advertisement and 2) It shows a picture which resembles Corona Virus under which they have written as “Virus Deactivation Technology”. CCC also upheld Complaint 3 i.e. Celebrity Guidelines were not followed. The Advertiser strongly relied upon its Reply dated 25th January, 2021. Two Test Reports, both dated 20.08.2020, Various Research Reports from Berlin, Germany and U.S.A., pointing out the Antiviral Efficacy of Urelon Fabric Fine Mesh against Human Corona Virus. The main contention of the Advertiser is that Test Report dated 20.08.2020, clearly establishes efficacy of stopping 79% of Bacteria known as “Staphylococcus”, in a Room Air-conditioner used at Residence with One Filter. Another Report relied upon is also 20.08.2020, clearly establishes efficacy of stopping 89% of the same Page 12 of 13 CONFIDENTIAL Bacteria mentioned hereinabove, in the case of an Air-conditioner used in commercial premises with Two Filters. The Advertiser also relied upon various Research Reports from abroad as mentioned hereinabove, to justify the above claim. The Complainant fully justifies the Order of CCC. After hearing both the sides, the following picture clearly emerges:- The Advertisement very boldly indicates that the above Blue Star Airconditioner uses “Virus Deactivation Technology”. Corona Virus is shown in Red Colour. In the Disclaimer of the Advertisement it is stated as under:- “Under standard test conditions in a third party lab, for antiviral and anti-microbial efficacy using Lifeguard Filtration Technology, when the microbes and viruses come in contact with the filter.” Admittedly, in both the above Laboratory Reports, tests were conducted using mesh fabric, only for one bacteria – Staphylococcus. The Advertiser clearly concedes no lab test was conducted with regard to any Virus. In this context, it is relevant to quote the following from the above mentioned Reply of the Advertiser dated 25.01.2021:- “There is no standard / protocol available test virus filtration of an airconditioner. The test with virus in the air requires lab setup complying with Bio Safety Regulation. This infrastructure is also not available in India.” Admittedly, the efficacy of a Room Airconditioner or Commercial Airconditioner was never tested actually, neither for Bacteria nor Virus. It is also admitted that even under Laboratory Condition, no test was conducted for any Virus whatsoever. Whereas false claim of testing Virus in lab condition is mentioned in the Disclaimer, the Advertisement boldly states that “Virus Deactivation Technology” is used in Blue Star Airconditioner, without any scientific substantiation. Hence, Complaints 1 & 2 are upheld. As far as Complaint No. 3 with regard to Celebrity Endorsement, in view of Technical Expert’s opinion dated 1 st December, 2020, it can be construed as Celebrity Guidelines were complied with. As suggested by the Learned Technical Expert Dr. Jayesh Bellare in his Opinion, it would be appropriate for ASCI should formulate the “Celebrity Guidelines”, as suggested by the Technical Expert, for more precision and clarity. The above IRP proceedings stands disposed of accordingly.