Zywie Ventures Private Limited - OZiva

Recommendation: Not Upheld | Medium: Consumer Organization

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, “India’s Trusted Weight Loss Partner” is used as a brand positioning statement. The term “supercharge” refers to enhancing the body’s natural metabolic functions to work more efficiently using safe, plant-based ingredients. The term “unhealthy cravings” refers specifically to frequent, hard-to-resist urges to consume foods that are high in refined sugar, fat, or calories. As claim support data, the advertiser provided the following documents – (1) Third-party media article, (2) Details of studies, scientific trials, and Publications. The advertiser had a telecon with the ASCI Secretariat to discuss their submissions. In its follow up response, the advertiser explained that the brand has received positive ratings across Amazon India, Nykaa, and Flipkart, with thousands of verified reviews and average ratings demonstrating high customer satisfaction. The product has undergone in vitro testing showing metabolic activation at the cellular level. “Unhealthy cravings” refers to urges for high-sugar, high-fat foods, triggered by blood sugar spikes and hormone imbalance. The advertiser’s response along with the claim support data provided for the claim, “Supercharge Metabolism, Curb Unhealthy Cravings”, 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 acknowledged receipt of the expert opinion and stated that the claim, “India’s Trusted Weight Loss Partner”, is no longer in use and the advertisement has been withdrawn. As the expert’s opinion aligns with the submissions made, the advertiser indicated that no further discussion or meeting with the technical expert is necessary at this stage. The Consumer Complaints Council (CCC) viewed the Instagram advertisement, considered the complaint, the advertiser’s response along with the claim support data, and the expert’s opinion presented at the meeting. Claim – “India’s Trusted Weight Loss Partner” The CCC noted that, according to the advertiser, the said claim is a brand positioning statement and not intended as a measurable or superlative claim. The advertiser cited customer ratings on e-commerce platforms and editorial recognition in support of the claim. However, no consumer research study or third party data was provided to substantiate that the advertiser’s product is trusted as a weight loss partner across India. Based on these observations, the CCC concluded that the said claim was not substantiated. The claim is misleading by exaggeration and is likely to cause widespread disappointment in the minds of consumers. The source and date for the claim is not mentioned in the advertisement. The claim contravened Chapter I, Clauses 1.1, 1.2, 1.4 and 1.5 of the ASCI Code. This complaint was UPHELD The CCC noted the advertiser’s response that the said claim has been withdrawn from their advertisements. Claim – “Supercharge Metabolism, Curb Unhealthy Cravings” The CCC observed that the claim, “Supercharge Metabolism”, is presented as a general expression referring to enhanced metabolic activity that may lead to increased calorie burning. The supporting evidence provided relates to the product’s key ingredients, which have been studied individually in scientific literature, including published papers, reviews, and laboratory analysis. The presence of a disclaimer specifying that the health claims are based on scientifically/clinically studied ingredients clarifies that the claim refers to the known effects of specific components, not the product as a whole. Therefore, the claim does not amount to a direct product claim and is not considered a regulatory violation. The claim “Curb Unhealthy Cravings” is similarly linked to the same ingredients, which are known to affect hormones that regulate hunger and satiety. These effects may result in delayed digestion and increased satiety, thereby helping reduce the urge for frequent or unhealthy eating. Based on this assessment, the CCC concluded that the claim, “Supercharge Metabolism, Curb Unhealthy Cravings”, was substantiated. The said claim is not in contravention of Chapter I of the ASCI Code. This complaint was NOT UPHELD.