Bright Nutricare Private Limited - MuscleBlaze

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

The ASCI had approached the advertiser (Bright Nutricare Private Limited) and the influencer (Ajith Raja) for their respective responses in addressing the objections raised in the complaint. The advertiser and the influencer were also offered an opportunity for a telecon with the ASCI Secretariat, which they did not avail and the influencer submitted his response. The influencer replied that he has taken corrective action by adding a disclosure label in the Instagram advertisement. The Consumer Complaints Council (CCC) viewed the Instagram advertisement (https://www.instagram.com/p/DO_ZpPdkvxB/), considered the complaint and the influencer’s reply. The CCC noted that there was no response from the advertiser. The CCC observed that the advertisement shows an influencer promoting the advertiser’s product - `MuscleBlaze protein powder’. The advertisement does not carry any disclosure labels as appropriate to the advertisement, such as “Advertisement”, "Ad", "Sponsored", "Collaboration", “Partnership”, "Employee", "Free Gift", “Affiliate”. The influencer / owner of the brand has not disclosed details regarding any material connection, monetary or non-monetary between themselves nor does it indicate whether or not the influencer was paid to post the details of the advertiser’s product. Based on these observations, the CCC concluded that the Instagram advertisement is misleading by omission and exploits consumers’ lack of knowledge. The advertisement contravened Chapter I, Clauses 1.4 and 1.5 of the ASCI Code, and Clause 1, 1.1(a) and 1.3(a) of the ASCI Guidelines for Influencer Advertising in Digital Media. This complaint was UPHELD.