Effibar CDS Private Limited - ECDS India

Recommendation: Upheld | Medium: Suo Motu - NAMS (TAMS)

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. The advertiser was also offered an opportunity for a telecon with the ASCI Secretariat, which they did avail and they submitted their written response.

The advertiser in their response stated that ASCI has sourced the advertisement from their Sri Lankan Instagram page and not the Indian Page. The advertiser also stated that the products are not available for sale on their website. The ASCI Secretariat, however, clarified that the advertisement was accessible to Indian consumers and sought confirmation on whether the products were available through offline or other distribution channels in India, to which the advertiser did not respond. Also, the advertiser persisted on sharing the confidentiality agreement between ASCI and technical expert and also the details of the expert who would look into this case over email, post which they would share the details. The ASCI secretariat informed that the confidentiality agreement cannot be shared and also informed that the onus lies on the advertiser to substantiate the claims.

The Consumer Complaints Council (CCC) viewed the Instagram advertisement considered the complaint, and the advertiser's response.

The CCC observed that the advertiser had not provided any technical data to substantiate the claims made. The CCC also noted the advertisers reply that the products are not available on sale on their website. However, the advertiser did not clarify whether the products are available in the Indian Market either offline or through any other distribution channels.

Based on the above the CCC concluded that the claims - “These layers absorb even the smallest impurities like PM 10 and PM 2.5, giving you clean & fresh air” , “ Eco-friendly materials” and “Sustainable, science-backed, built from Seoul to Soul” were not substantiated with supporting data. The said claims in the advertisement contravened Chapter I, Clauses 1.1, and 1.4 of the ASCI Code and the Guidelines for Advertisements Making Environmental/Green Claims. This complaint was UPHELD.