Hygienic Research Institute Private Limited - Streax

Recommendation: Not Upheld | Medium: General Public

The ASCI had approached the advertiser for their 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 claims in the advertisement. The advertiser was also offered an opportunity for a telecon with the ASCI Secretariat, which they did not avail and replied seeking for additional two days to submit their response. The deadlines stipulated by Consumer Complaints Council (CCC) procedure exist keeping in mind the immediate and widespread impact that advertisements have on the public. Consequently, any action which is needed to be taken with respect to the same is required to be prompt and urgent. It is for this purpose that the deadlines, as stipulated, are set for advertisers/broadcasters etc, and the CCC itself makes it a priority to deal with every complaint before it as expeditiously as possible. However, as a special gesture the advertiser was granted an extension of two business days to make their submissions. The advertiser in their response stated that, “.... we are submitting herewith the Report of Study conducted by .... a reputed Clinical Research Organization confirming that the product Streax Gel Hair Colour gives 3X Shine.......our aim is to communicate that it is (a) a new gel formulation which has goodness of Hyaluronic Molecules and Kiwi Extract. (b) The Product gives perfect colour, smoothness and shine. Attached .... is the Report of the Consumer based product performance test .... confirming that 85% of the Women agree that its an upgrade from Crème hair colour”. As claim support data, the advertiser provided the following documents – (1) Report of study by Clinical Research Organization for `3X Shine’, (2) Extracts of studies discussing the benefit of Hyaluronic Molecules, (3) Report of consumer based product performance test, (4) Story board, (5) FDA Approval, (6) Image of the product - front and back, (7) Celebrity Undertaking. The advertiser had a telecon with the ASCI Secretariat regarding the submissions made by them. The advertiser’s response along with the claim support data was referred to an Independent technical expert of ASCI for an opinion in the matter. The expert’s opinion was then shared with the advertiser for making additional submissions. On receiving the expert’s opinion, the advertiser had a telecon/meeting with the technical expert and the ASCI Secretariat via zoom video conference. Post this meeting, the advertiser submitted the following data – (1) Certificate issued by research organisation confirming study was conducted single blinded, (2) Documents confirming benefits of Kiwi extracts, (3) Study titled - `In Vitro evaluation of Hair Care formulation with respect to shine, smoothness and perfect colour uptake on hair’. The additional submissions made by the advertiser were sent to the technical expert for final opinion. The CCC viewed the YouTube advertisement (https://www.youtube.com/watch?v=ixnheam7QLs), considered the complaint, the advertiser’s response along with the claim support data, and the expert’s final opinion presented at the meeting. Claim – “3X Shine” The CCC discussed that the advertiser initially submitted a study titled, ‘In vitro evaluation of Shine (visual) after application of Test Hair Colour’, which involved a visual assessment of hair shine before and after product application on natural hair tresses. This evaluation conducted by a visual expert, reported a noticeable enhancement in hair shine based on sensorial analysis. In response to concerns regarding the subjectivity of the assessment method, the advertiser has submitted a certificate from an independent third party research organization. This certificate confirms that the evaluation was carried out under a single-blinded study design. The advertiser has also submitted an additional study assessing the efficacy of hair care formulations with respect to shine, smoothness, and colour uptake. The findings indicated a significant improvement in shine, thereby supporting the product’s efficacy through objective assessment methods. Claim – “Hyaluronic Molecules aur Kiwi Extract jo de Perfect Colour” The CCC discussed that the advertiser has provided supporting studies to validate the efficacy of Hyaluronic acid in hair care products. This data demonstrates that Hyaluronic acid improves hair smoothness and enhances the cosmetic appearance of damaged hair. Additional findings confirm its anti-frizz benefits through structural changes in keratin and a visible smoothing effect in treated hair. The CCC further discussed that regarding Kiwi extract, the advertiser has submitted published literature supporting its benefits. Furthermore, a study has been provided to evaluate the combined efficacy of Hyaluronic acid and Kiwi extract in hair care formulations, specifically assessing hair shine, smoothness, and color uptake using objective measurement tools. The results show a significant improvement in color application and overall conditioning compared to formulations lacking these ingredients. Claim – “85% women agree” The CCC discussed that the advertiser has submitted a report of a consumer based product performance test. The study was conducted on women who used the Gel-Based Hair Colour. The results indicate that a significant majority of the respondents - 85% perceived the product as an upgrade compared to their previous hair colour experience. This feedback reflects positive user perception regarding the product’s performance and supports the advertiser’s claim based on direct consumer experience. Based on the advertiser’s response with the supporting data provided, the CCC concluded that the claims, “3X Shine”, “Hyaluronic Molecules aur Kiwi Extract jo de Perfect Colour”, and “85% women agree”, were substantiated. The said claims in the advertisement are not in contravention of Chapter I of the ASCI Code. This complaint was NOT UPHELD. The CCC also reviewed the objection concerning the claim “3x Shine,” followed by the statement “85% women agree, it’s an upgrade#,” and concluded that it would not mislead consumers into thinking the “85% women agree” specifically refers to the “3x Shine” claim, as there is a clear pause between the frame displaying “3x Shine” and the frame showing “85% women agree, it’s an upgrade#.” In response to the objection regarding the use of the celebrity (Malaika Arora) in the advertisement, the CCC noted that the advertiser has submitted an undertaking from the celebrity, confirming that she had conducted due diligence before endorsing the product. Based on this evidence, the CCC concluded that the advertisement is not in contravention of ASCI Guidelines for Celebrities in Advertising. This complaint was NOT UPHELD.