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 they conducted a clinical study on the product to assess its effects on skin brightness, tan reduction, barrier function, and moisturization. Based on the study results and participant feedback, the advertiser has made the claims regarding improvements in skin appearance. 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. In response to the expert’s opinion, the advertiser clarified that the claims about skin brightness and reduction in uneven skin tone are supported by both subject self-evaluation and objective measurements from a controlled clinical study involving Indian female subjects using the body wash daily. The results showed measurable improvements in skin brightness and evenness over the study period, supporting the outcomes reported by the participants. The advertiser further provided a copy of the full clinical study report. 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. The additional submissions made by the advertiser were shared with the technical expert for final opinion. The Consumer Complaints Council (CCC) viewed the Website advertisement (https://foxtale.in/products/brightening-body-wash-with-glycolic-acid-niacinamide-hulahoop?additional=origin%3Dsearch&variant=HHN-SBBW250) considered the complaint, the advertiser’s response along with the claim support data, and the expert’s final opinion presented at the meeting. The CCC observed that the study evaluated the product’s in-vivo safety and efficacy in female subjects, with respect to skin brightening, tan reduction, skin barrier function, and moisturization. The results showed improvement in skin softness and reduction in skin bumpiness, along with brighter skin and a more even tone. Overall, the study demonstrated that most participants noticed visibly brighter skin and reduced uneven skin tone within two weeks of product use. Based on this assessment, the claims, “94% saw visibly brighter skin in just 2 weeks”, and “96% noticed a reduction in uneven skin tone in 2 weeks”, [Disclaimer - *Based on a 30-day consumer study], were substantiated. However, the source and date for the claims is not mentioned in the advertisement. The CCC concluded that the said claims in the advertisement contravened Chapter I, Clause 1.2 of the ASCI Code. (“Where advertising claims are expressly stated to be based on, or supported by independent research or assessment, its source and date should be indicated in the advertisement.”). This complaint was UPHELD. The visual representation showing a transformation from “Day 1 – Dark skin to Day 14 – Brighter & Even skin”, is adequately supported by clinical evidence, and is not in contravention of Chapter I of the ASCI Code. This complaint was NOT UPHELD.