The Sleep Company Comfort Grid Technologies Private Limited - The Sleep Company

Recommendation: 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 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 submitted their response. The advertiser in their response stated that the claim “Stay 4°–6° Cooler All Night” is based on tests measuring heat transfer rate (Q-max), not actual temperature. The SnowTec fabric, trademarked by the company, provides a perceived cooling effect compared to normal fabric. Combined with the patented SmartGRID technology that promotes airflow and reduces heat retention, the mattress delivers a cooler sleep experience. Comparative testing under controlled conditions supports the claimed cooling range. The phrase “Sleep on Snow” is a metaphorical and creative expression meant to evoke a sensation of coolness, not to be taken literally. It highlights the cooling effect of SnowTec technology and falls within permissible puffery under advertising guidelines. Such metaphorical expressions are common in advertising, as seen in similar cooling-related phrases used by other well-known brands. The snowy imagery is symbolic and reinforces the cooling theme aligned with the “SnowTec” name and the concept of a cooler sleep experience. Such visual dramatization to convey sensory benefits like coolness and comfort is standard industry practice. As claim support data, the advertiser provided the following documents – (1) Letter of Confirmation from supplier of cooling fabrics, (2) Test Results, (3) Test Report from Intertek India P. Limited, (4) Test Certificate confirming Intertek’s competency, (5) Images of advertisements from other brands showcasing metaphorical cooling related claims. 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 complainant and the advertiser for making additional submissions. The complainant did not respond to the expert’s opinion. The advertiser participated in a Zoom meeting with the ASCI Secretariat and the technical expert to discuss their submissions. Following this meeting, the advertiser requested for an extension of time to submit their final response. As a special gesture, the ASCI Secretariat granted an additional four working days for their submission. The advertiser provided a test report confirming that their SnowTec fabric offers a cooler feel compared to regular fabrics, supporting the claim of a cooler and more comfortable sleep. The technical expert reviewed the data and raised queries regarding the testing methodology and fabric classification. Based on this, the ASCI Secretariat sought clarification from the advertiser. The advertiser responded to the queries to enable the finalization of the expert’s opinion. The additional submissions made by the advertiser were sent to the technical expert for final opinion. The Consumer Complaints Council (CCC) viewed the Facebook advertisement, considered the complaint, the advertiser’s response along with the claim support data, and the expert’s final opinion presented at the meeting. Claim – “Stay 4°–6° Cooler All Night with SmartGRID® SnowTec® Mattress” The CCC observed that the data submitted in support of the claim includes a supplier confirmation letter, thermal test reports, a test certificate, and examples of advertisements for personal care products. The supplier letter confirms that the fabric used in the product is sourced from an overseas manufacturer. However, it does not provide any information regarding the fabric’s composition, fibre type, or chemical properties. In the absence of complete information on the materials used in the mattress, the actual performance of the product cannot be evaluated. The CCC further observed that the test reports provided relate only to the mattress cover fabric and not the mattress as a whole. There were no test results to show how the fabric performs when combined with the internal materials. No thermal analysis or evidence was submitted to confirm the claimed cooling effect of the complete mattress under normal use. The CCC noted that while the advertiser claimed a covered mattress sample had been tested, the data provided once again related only to the fabric. Moreover, the latest results indicated lower performance compared to earlier submissions. The advertiser’s explanation relied on general information and did not include any scientific evidence specific to the mattress. No data was submitted to demonstrate a measurable cooling effect at the product level. Claim – “Sleep on Snow” and Visual Imagery (Snowy Environment) The advertiser stated that the phrase “Sleep on Snow” is metaphorical and not intended to be taken literally. They argued that no consumer would interpret it to mean that the mattress is as cold as actual snow. To support this, they referenced examples of personal skin care products suggesting that metaphorical claims of cooling are common and widely understood as figurative rather than literal. Regarding the snowy visual imagery, the advertiser described it as a creative element meant to evoke a cooling sensation rather than indicate the mattress’s actual performance. The CCC discussed that the phrase combined with the snowy environment creates an impression of cool sleeping experience. The visual reinforces the metaphor leading consumers to believe the mattress delivers snow like cooling benefits. The examples cited differ substantially in product type, usage, and consumer expectations, and are therefore not considered relevant. There was no product level data or scientific evidence submitted to substantiate the implied claim of a cooling effect from the mattress. In the absence of such evidence, the said claim and the associated visual imagery exaggerates the product’s performance and is likely to mislead consumers. Based on this assessment, the CCC concluded that the claims, “Stay 4°–6° Cooler All Night with SmartGRID® SnowTec® Mattress”, “Sleep on Snow”, and `Visual Imagery (Snowy Environment)’, were inadequately substantiated. The claims, visuals are misleading by exaggeration and are likely to lead to widespread disappointment in the minds of consumers. The said claims and the visual contravened Chapter I, Clauses 1.1, 1.4 and 1.5 of the ASCI Code. This complaint was UPHELD