Hindustan Unilever Limited - Horlicks

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 but submitted their response. The advertiser in their response stated the product Horlicks Pro-Fitness is classified as a Food for Special Dietary UseT (FSDU) for weight management under the Food Safety and Standards (Nutra) Regulations, 2022.Its formulation - comprising controlled energy (~240 kcal/serving), high-quality protein, dietary fibre, and essential micronutrients is designed to replace meals within a calorie-controlled diet. With respect to L-carnitine, the claim is a nutrient function claim grounded in established physiology. L-carnitine supports the transport of fatty acids into mitochondria for energy production, forming the scientific basis of fat metabolism (“fat burn”). The advertiser also stated that the product is meant to replace up to two meals a day (not all meals). As claim support data, the advertiser provided the following documents – (1) Front and back image of product packaging, (2) FSSAI License (3) Published literature. The advertiser’s response with the claim support data was referred to an independent technical expert of ASCI for their opinion. The expert opinion was then shared with the advertiser to allow them to make additional submissions. The advertiser stated that they do not wish to proceed with the proposed meeting and did not submit additional data. The Consumer Complaints Council (CCC) viewed the Instagram advertisement (https://www.instagram.com/p/DUtYsfijHMV/?utm_source=ig_web_copy_link&igsh=NTc4MTIwNjQ2YQ%3 D%3D ), considered the complaint, the advertiser’s response along with the claim support data, and the expert’s opinion presented at the meeting. Claim - BREAK UP with that Extra Weight The Consumer Complaints Council (CCC) noted that the product Horlicks Pro Fitness is classified as a Food for Special Dietary Use (FSDU) for weight management under the Food Safety and Standards (Nutra) Regulations, 2022, and that the product has been formulated in complete compliance with the regulatory conditions stipulated under the applicable FSDU standards. The CCC further noted that the product is positioned as a partial meal replacement, which is also clearly indicated on the product packaging, stating that up to 2 meals per day may be replaced for the purpose of weight loss. The CCC also observed that the advertiser submitted robust scientific consensus from national and international nutritional guidelines, indicating that a sustained daily calorie deficit of approximately 500–1,000 kcal typically results in a weight loss of approximately 0.5–1 kg per week, which translates to approximately 2–4 kg over the course of a month, subject to individual variability in factors such as baseline weight, metabolic rate, and dietary adherence. The CCC opined that while the product is classified as an FSDU for weight management under the Food Safety and Standards (Nutra) Regulations, 2022, the claim in question is better understood as a form of marketing expression. Furthermore, the product, having been developed as a meal replacement, falls well within the accepted safe range of weight loss as recognised by leading Indian and international health authorities. Based on the above, the CCC concluded that the claim “BREAK UP with that Extra Weight” did not contravene any of the ASCI code and this complaint was NOT UPHELD. Claim - Meal Replacement for Weight Loss The Consumer Complaints Council (CCC) noted that the product Horlicks Pro Fitness is classified as a Food for Special Dietary Use (FSDU) for weight management under the Food Safety and Standards (Nutra) Regulations, 2022, and that the product has been formulated in complete compliance with the regulatory conditions stipulated under the applicable FSDU standards. The CCC further noted that the product is positioned as a partial meal replacement, which is also clearly indicated on the product packaging, stating that up to 2 meals per day may be replaced for the purpose of weight loss. The CCC also observed that the advertiser submitted robust scientific consensus from national and international nutritional guidelines, indicating that a sustained daily calorie deficit of approximately 500–1,000 kcal typically results in a weight loss of approximately 0.5–1 kg per week, which translates to approximately 2–4 kg over the course of a month, subject to individual variability in factors such as baseline weight, metabolic rate, and dietary adherence. Furthermore, the product, having been developed as a meal replacement, falls well within the accepted safe range of weight loss as recognised by leading Indian and international health authorities. Based on the above the CCC concluded that the claim “Meal Replacement for Weight Loss” did not contravene any of the ASCI code and this complaint was NOT UPHELD. Claim - L-Carnitine for Fat Burn The CCC noted that the product contains L-Carnitine, derived from amino acids, which transports long-chain fatty acids into the mitochondria where they are burned for energy through a process called beta oxidation. This is a well-established metabolic fact, and L-Carnitine is present in scientifically validated quantities. The CCC further noted that its benefits are realised only in conjunction with moderate physical activity, and this information has been clearly communicated on the product packaging. Based on the above the CCC concluded that the claim “L-Carnitine for Fat Burn” did not contravene any of the ASCI code and this complaint was NOT UPHELD. The CCC noted that the advertisement is currently not active on any of the platforms.