Divisa Herbals Pvt. Ltd - CB-DR ORTHO STRONG OIL-BABY JOHN

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

In the absence of a written response along with documents for substantiation on or before the prescribed due date, the ASCI Secretariat considered this complaint exparte. The ASCI had approached yourselves for your response in addressing the objection raised in the complaint. You were 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. In the absence of a written response along with documents for substantiation on or before the prescribed due date, the Consumer Complaints Council (CCC)considered this complaint exparte. Voice-over claim (in Hindi) as translated in English, "It penetrates deep and defeats oldest of the old joint pain”, was not substantiated with clinical evidence or with clinical third party test reports for product efficacy, to prove that the product (Dr Ortho Strong oil) penetrates deeply and defeats the oldest joint pain, as claimed. The source and date for the claim is not indicated in the advertisement. The claim is misleading by exaggeration and is likely to lead to widespread disappointment in the minds of consumers. For the objection raised against the use of the Celebrity (Varun Dhawan) in the advertisement, the advertiser has not provided any evidence to show that the celebrity had done due diligence prior to endorsement of the product, to ensure that all descriptions, claims and comparisons made in the advertisement are capable of substantiation. This advertisement is in contravention of Chapter I, Clauses 1.1, 1.2, 1.4 and 1.5 of the ASCI Code, and Clauses (c), (d) of the ASCI Guidelines for Celebrities in Advertising. Complaint was Upheld