IndieJewel Fashions Private Limited - Heer by GIVA

Recommendation: Not Upheld | Medium: Industry Member

The ASCI had approached the advertiser 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 an Informal Resolution (IR) of the complaint by modifying or withdrawing the advertisement. The advertiser was also offered an opportunity for a telecon with the ASCI Secretariat, which they did not avail and submitted their response. The advertiser in their response stated that for the claim of “Real Deal”, the advertisement makes no comparison with any specific competitor. Any obvious exaggeration is permissible under the ASCI Code. For the claim, “Planet ko koi harm nahi”, the advertiser denies making sustainability claims and says the advertisement promotes its product fairly. The environmental impact of mined diamonds is well researched and its claim is supported by published material. For claim, “Conscious choice”, the advertisement focuses on the product’s features, does not denigrate the natural diamond industry. The Consumer Complaints Council (CCC) viewed the Instagram advertisement (https://www.instagram.com/p/DP1Gw1iEzo-/), considered the complaint, and the advertiser’s response. The CCC observed that the claim, “real deal”, in the advertisement appears to be used in a promotional manner and not as a technical statement about the origin of diamonds. The advertisement does not make comparison with any specific competitor or product. The communication focuses on positioning lab-grown diamonds within their own category and addressing common consumer perceptions, rather than making direct comparative claims about superiority over mined diamonds. The overall tone of the advertisement suggests that the claim is subjective and falls within the range of acceptable exaggeration. The CCC noted that the claim, “planet ko koi harm nahi”, is presented in a conversational, non-technical manner within the storyline. It appears as a personal expression used by the character in the advertisement rather than as an absolute scientific claim. The CCC observed that the advertisement promotes lab-grown diamonds by highlighting general perceptions about their environmental impact. The advertiser has indicated that the statement is supported by publicly available research material discussing the environmental concerns around mining, and that the intention is to communicate the product’s positioning rather than to make a definitive claim about all natural diamonds. The CCC concluded that this claim amounts to puffery. The CCC noted that the claim, “conscious choice”, is used in a promotional manner, suggesting that the product may be selected for reasons such as values or personal preference. The claim is generic in nature. It indicates that the advertiser is promoting lab-grown diamonds as a choice with certain benefits, not making a definite claim about mined diamonds. The advertiser has also indicated that the positioning is supported by publicly available research that discusses environmental and social issues related to mining, and that the intention is not to denigrate the natural diamond industry. Based on these observations, the CCC concluded that the said claims, `Real Deal’, `Planet ko koi harm nahi’, and `Conscious Choice’, are not in contravention of Chapters I and IV of the ASCI Code. This complaint was NOT UPHELD.