Nutricia International Private Limited - DexoGrow Nutritious Milk Drink

Recommendation: Not Upheld | Medium: Suo Moto

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 submitted their response. The advertiser in their response stated that the claim, “Not just height, weight, and strength. Now brain too”, is a nutrient function claim and not a product claim. The claim is supported by research studies, which are cited in the advertisement’s disclaimer. They stated that the nutrients such as Iron, DHA, Choline, Iodine, and Zinc present in the product are known to support normal brain function, as substantiated by sources including EFSA guidelines and medical journals. As claim support data, the advertiser provided the following documents – (1) Front and back images of the product packaging, (2) Scientific references to support that nutrients like Iron, DHA, Choline, Iodine, and Prebiotics contribute to normal brain and cognitive function - EFSA guidelines, WHO fortification guidelines, peer-reviewed studies from the Nutrients journal, a Harvard University paper on early childhood brain development, and research on prebiotics in food processing, (3) Copy of 'Ref. 5B Choline - Health Professional Fact Sheet', (4) Product approval license along with product composition details from the Regulatory Authority. 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. The advertiser did not respond to the expert’s opinion. The Consumer Complaints Council (CCC) viewed the Hoarding advertisement, considered the complaint, the advertiser’s response along with the claim support data, and the expert’s opinion presented at the meeting. The CCC observed that the advertiser has submitted scientific documents in support of the claim. The advertisement highlights nutrients such as Iron, Choline, DHA, and Iodine in connection with mental growth. This representation is classified as a nutrient function claim under FSSAI regulations. The CCC further noted that the review of the product information, including the declared levels of these nutrients, indicates that the quantities are appropriate to deliver the intended benefit. The combination of Iron with Vitamin C to enhance iron absorption is supported by scientific literature, which provides adequate substantiation for its effectiveness. Scientific references include a systematic review focused on the cognitive development of preschool children through nutritional interventions. This review is based on multiple clinical trials involving micronutrients and DHA, supporting the relevance and validity of the claim. Based on the advertiser’s response with the supporting data provided, the CCC concluded that the claim, “Not just height, weight, and strength. Now brain too”, was substantiated and is not in contravention of Chapter I of the ASCI Code. This complaint was NOT UPHELD.