Foxtale Consumer Private Limited - Hula Hoop Sakura Season Brightening Body Wash

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

The ASCI had approached the advertiser for its response in addressing the objections raised in the complaint. The advertiser was offered an option to seek an Informal Resolution (IR) of the complaint by modifying or withdrawing the claims in the advertisement, or alternately to substantiate the claims with supporting data. The advertiser was also offered an opportunity for a telecon with the ASCI Secretariat, which they did not avail and replied seeking for an extension of time to submit their response. As a special gesture, the advertiser was granted an extension of additional two business days to respond. The advertiser in their response stated that the claim, “Reduce tan from the 1st use," cannot be substantiated, as the timepoint was not part of the clinical study, and they are revising the claim. The claim, “Hydrates and Even Skin Tone”, is supported by study results. As claim support data, the advertiser provided a copy of the clinical study report. The claim support data was referred to an independent technical expert of ASCI for their opinion. The expert opinion was then shared with the advertiser to allow them to make additional submissions. Upon receiving the opinion, the advertiser agreed to modify the claim of “Reduce tan from 1st use” made in the advertisement. The advertiser then had a telecon with the ASCI Secretariat, during which they confirmed that they did not wish to have a meeting with the technical expert. As the required modifications were not implemented within the given timelines, the matter was referred to the Consumer Complaints Council (CCC) for deliberation. The CCC viewed the website advertisement (https://foxtale.in/products/brightening-body-wash-with-glycolicacid-niacinamide-hula-hoop?additional=origin%3Dsearch&variant=HHN-SBBW250), considered the complaint, the advertiser’s response along with the claim support data, and the expert’s opinion presented at the meeting. Claim - “Reduce Tan from 1st use” The CCC observed that the advertiser submitted a clinical study conducted to evaluate the product’s efficacy. The study report indicated that tan reduction was not measured immediately after the first use of the body wash. Therefore, based on the data provided, the CCC concluded that the claim, “Reduce tan from 1st use”, was not substantiated. The claim is misleading by exaggeration and is likely to lead to widespread disappointment in the minds of consumers. The said claim in the advertisement contravened Chapter I, Clauses 1.1, 1.4 and 1.5 of the ASCI Code. This complaint was UPHELD. The CCC noted that the advertiser provided an assurance that the claim in the advertisement would be modified. Claim - “Hydrates and evens skin tone” The CCC observed that the clinical study conducted included both subject self-evaluation and instrumental measurements. The subject self-evaluation results indicated that the product provided skin hydration and improved skin tone evenness after 24 hours of use. The instrumental measurements showed that skin hydration was significant shortly after application. The CCC further observed that the study demonstrated that the body wash improves skin hydration, and promotes a more even skin tone. Visible improvements were observed over time, with hydration benefits and continued enhancement in overall skin appearance with regular use. After two weeks, the participants showed softer skin, reduced bumpiness, brighter-looking skin, and a visible reduction in tan. Based on this assessment, the CCC concluded that the claim, “Hydrates and evens skin tone”, was substantiated and is not in contravention of Chapter I of the ASCI Code. This complaint was NOT UPHELD.