Divisa Herbals Private Limited - Dr. Ortho

Recommendation: Upheld | Medium: General Public

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 on the product packaging. The advertiser was also offered an opportunity for a telecon with the ASCI Secretariat, which they did not avail and neither did they submit their written response.

The Consumer Complaints Council (CCC) viewed the product packaging and considered the complaint. The CCC observed that no response was received from the advertiser prior to the prescribed due date as specified by the ASCI Secretariat.

In the absence of response from the advertiser, the CCC concluded that the claims “Asia’s Most Promising Brand – validated by consumers & industry – Consumer & Product Survey by IBRANDS (2013–14)”, and “Selected No.1 Brand – India 2014”, were not substantiated with supporting ranking data, details of the award/survey process, selection criteria, survey methodology, parameters considered, questionnaires used, competing brands/products, survey outcomes, and information about the awarding/ranking bodies. The use of survey/award data from 2013–14 on packaging sold in 2026 appears misleading.

The claim, “Selected No.1 Brand – India 2014”, does not indicate its source on the product packaging and is presented in a manner that implies the product is currently in leadership position (No.1) which is misleading.

The said claims on the product packaging contravened Chapter I, Clauses 1.1, 1.2, and 1.4 of the ASCI Code, and ASCI Guidelines for Usage of Awards/Rankings in Advertisements. This complaint was UPHELD.