Godrej Consumer Products Limited. - Godrej Expert

Recommendation: Upheld | Medium: Industry Member

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 advertisement or to respond to the objections raised in the complaint. The advertiser was also offered an opportunity for a telecon with the ASCI Secretariat, which they did not avail and requested for an extension to submit their detailed response. The deadlines stipulated by Consumer Complaints Council (CCC) procedure exist keeping in mind the immediate and widespread impact that advertisements have on the public. Consequently, any action which is needed to be taken with respect to the same is required to be prompt and urgent. It is for this purpose that the deadlines, as stipulated, are set for advertisers/broadcasters etc., and the CCC itself makes it a priority to deal with every complaint before it as expeditiously as possible. As a special gesture, the advertiser was granted an extension of additional three business days to respond. The advertiser in their response stated that, “The statement in the या……. पागल है क्या, फिर वो मेहंदी कलर लगाया ना, बाल है कि चिड़िया का घोसला,” is to convey to the consumers that after application of henna powder or henna based hair colours, hair looks messy and tangled. The expression चिड़िया का घोसला is a creative way of communicating that hair appears to be messier and more tangled after application of henna powder or henna based hair colour. This experience is greater for henna users, and they complain that their hair needs to be combed even more rigorously after applying the henna. Based on the aforementioned feedback, GCPL came up with its new formulation of hair colour product which has aloe vera which makes hair more moisturized, less dry and gives consumers a hassle-free experience while combing hair”. As claim support data, the advertiser submitted a copy of clinical report - in-vitro evaluation for test products in providing hair manageability in both wet and dry state. The CCC viewed the TV advertisement and the YouTube advertisement (https://www.youtube.com/watch?si=SZRYdEqIUO4zrEfL&v=nACCAR_Bywk&feature=youtu.be) considered the complaint, and the advertiser’s response along with the claim support data. The CCC observed that the advertiser is promoting their hair colour product - `Godrej Expert Rich Crème Hair Colour’. The advertisement (in Hindi) is comparing the advertiser’s hair colour product with Henna hair colour by saying, “…… Phir woh mehandi colour lagaaya na, baal hai ki chidiyaa ka ghosla….” (“….used that mehandi colour again is that hair or a bird’s nest?.....) The CCC discussed that a consumer interpretation of the advertisement would be that Henna hair colour makes hair frizzy. The advertisement makes it clear to viewers that using Henna hair colour will leave their hair extremely dry; instead, using the advertiser's hair colour will moisturize their hair. Based on these observations, the CCC concluded that the said statement in the advertisement unfairly denigrates Henna and Henna based products. A lay consumer is likely to be misled by this disparaging comparison. The advertisement contravened Chapter I, Clause 1.4, Chapter IV, Clause 4.1(e) of the ASCI Code. This complaint was UPHELD by majority.