BigMuscles Nutrition Private Limited - Big Muscle Nutrition
Recommendation: Upheld | Medium: General Public
The ASCI had approached the owner of the brand - advertiser (BigMuscles Nutrition Private Limited) and the influencer (Sahil Bhandari) for their respective responses in addressing the grievances of the complainant and forwarded the details of the complaint, verbatim, to the advertiser and the influencer with a request to respond to the same. The advertiser and the influencer were also offered an opportunity for a telecon with the ASCI Secretariat, which the advertiser availed, and submitted their response.
The advertiser stated that the complaint appears to relate to allegations concerning the use of gum powders, which are not applicable to the advertised product. The content was posted by the influencer on the influencer's own social media platform. The advertiser further stated that it does not exercise control over the manner in which the influencer publishes or labels such content.
ASCI clarified that an earlier reference to a gum powder product was an inadvertent error and that the complaint pertains to the product identified in its communication. ASCI further stated that under the ASCI Guidelines for Influencer Advertising, both the advertiser and the influencer are responsible for ensuring disclosure of material connections and compliance with the ASCI Code. Since the influencer collaborated with and tagged the advertiser's brand while making product claims, ASCI requested the advertiser to provide substantiation for the objected claims or, if unavailable, advise the influencer to withdraw or suitably modify the advertisement. However, the advertiser did not respond within the given timelines.
The Consumer Complaints Council (CCC) viewed the Instagram advertisement (https://www.instagram.com/reels/DWl8t10DM31/) considered the complaint, and the advertiser’s response. The CCC observed that the advertisement shows an influencer promoting the advertiser’s product - `Big Muscle Nutrition Clean Protein Performance’. The advertisement does not carry any disclosure labels such as “Advertisement”, "Ad", "Sponsored", "Collaboration", “Partnership”, "Employee", "Free Gift", “Affiliate”, “Includes paid promotion”, at the beginning of the advertisement.
The influencer / advertiser have not disclosed details regarding any material connection, monetary or non-monetary between themselves nor does it indicate whether or not the influencer was paid to post the details of the advertiser’s product.
Based on these observations, the CCC concluded that the Instagram advertisement is misleading by omission and exploits consumers’ lack of knowledge. The advertisement contravened Chapter I, Clauses 1.4 and 1.5 of the ASCI Code, and Clause 1, 1.1(a) and 1.3(a) and Addendum II For Health and Financial Influencers of ASCI Guidelines for Influencer Advertising in Digital Media. This complaint was UPHELD.
The CCC further noted that the advertiser did not provide supporting data for the product claims made. In the absence of claim support data, the CCC concluded that the claims, “100% Clean Natural Ingredients”, and “Isme jo protein hai vo bana hai 100% cow milk se jo direct source hua hai farm across Europe”, were not substantiated.
The claims are misleading by exaggeration and are likely to lead to widespread disappointment in the minds of consumers. The claims in the advertisement contravened Chapter I, Clauses 1.1, 1.4, and 1.5 of the ASCI Code. This complaint was UPHELD.
