Hindustan Unilever Limited - Glow and Lovely

Recommendation: 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 and submitted their response. The advertiser in their response stated that, “…An 8 weeks, double blinded, half face skin brightening clinical study conducted under qualified dermatologist supervision on the said Product with statistically significant subjects’ size, reported a significant improvement in skin color at all time points (2 weeks, 4 weeks, & 8 weeks] compared to baseline when measured instrumentally…… the Ex-Vive skin with said Product application upon UV exposure has shown melanin inhibition and improvement in Skin luminescence [L*] when measured instrumentally compared to the UV treated Ex-Vivo skin {without product application). The claim “30 vitamin capsules ke tatva*” refers to the essence of Vitamin E present in the product, which is disclosed in the disclaimer as well which expressly states that “the claim refers to the” quantity of Vitamin E in the pack Vs that available in cosmetic Vitamin E capsule. The formulation is designed with combination of multiple vitamins such as Vitamin B3, Vitamin C, Vitamin E and Vitamin B6, which together form a proven technology to offer not just brightening benefit but other advanced skin benefits as well”. As claim support data, the advertiser submitted the following documents – (1) Literature support – “The mathematics of tanning”, “UV Radiation and the Skin”, (2) Independent study report supporting the claim, Statistical analysis report, (3) Ex-Vivo study report, (4) Literature support - `Measurement of skin stretch via light reflection’, (5) capsule survey report, marketed capsule analysis report, No of capsules in cream formulation, (6) Literature support for Vitamin B3, Vitamin C, Vitamin E and Vitamin B6, (7) Front and back of product pack, (8) Copy of FDA license. The advertiser’s response along with the claim support data was referred to an Independent technical expert of ASCI for an opinion in this matter. The expert’s opinion was then shared with the advertiser for providing additional data if any. The advertiser responded to the queries raised in the expert opinion, and further provided a clinical study report conducted to `evaluate and compare the long-term efficacy of leave on formulations for improvement in skin appearance and glow’. The advertiser then had a meeting through zoom video conference with the technical expert and the ASCI Secretariat to discuss their submissions. Post this meeting, the advertiser provided a Deck explaining the claim, “Advanced Multi Vitamin” along with the relevant annexures for review. The additional submissions made by the advertiser were shared with the technical expert for final opinion. The Consumer Complaints Council (CCC) viewed the print advertisement (in Hindi), considered the complaint, the advertiser’s response along with the claim support data, and the expert’s final opinion presented at the meeting. Claim – “Dhoop ki dullness ghataao, HD nikhaar paao” The CCC observed that the advertiser has cited a literature paper explaining tanning and melanogenesis (the process of skin darkening). Based on this, the advertiser concludes that the method needed to reduce sun tanning would also work to enhance skin brightness. The CCC further observed that the advertiser has submitted a clinical study which was done to evaluate and compare efficacy of the test product vs. the reference product in a half face study design for change in skin color, and for improvement in glow/skin radiance. The advertiser has also provided an ex-vivo UV treatment study which was conducted to evaluate skin lightening efficacy of test product by human tissue skin explant model. The CCC discussed that the tested product has demonstrated positive effects in both clinical and ex vivo studies. As per the double blinded clinical study, the product showed an improvement in visual skin glow and radiance, with increased change from baseline values. The ex-vivo study on human skin tissue explants, revealed that the product reduces melanin concentration and increases skin color lightness, suggesting potential skin brightening and pigmentation reducing benefits. The studies conducted over 8 weeks, show significant improvement after 4 weeks of using the product. As for the claim, “HD nikhaar paao”, the CCC discussed that while the claim could be seen as exaggerated it was considered acceptable in the context of creative puffery. Based on the advertiser’s submissions with the supporting data provided, the CCC concluded that the claim, “Dhoop ki dullness ghataao, HD nikhaar paao”, was substantiated. The said claim is not in contravention of Chapter I of the ASCI Code. This complaint was NOT UPHELD. Claim – “30 Vitamin Capsules ke tatva” The CCC observed that the said claim is qualified via disclaimer which says, “the claim refers to the quantity of Vitamin E in the pack Vs that available in cosmetic Vitamin E capsule”. The advertiser has provided capsule survey report, marketed capsule analysis report, and number of capsules calculation for all SKUs of Glow & Lovely Multivitamin Cream, as claim substantiation documents. The CCC noted that the advertiser has analyzed the regulated marketed facial vitamin capsules to assess all the vitamin content. It was found that only Vitamin E was detected in the capsules. A comparison has been made between the Vitamin E content in these capsules and Glow and Lovely Multivitamin cream (across all SKUs). The CCC discussed that one of the marketed Vitamin face oil's present has 0.075 milligrams of Vitamin E. As a result, the Glow and Lovely product should be capable of delivering 30x0.075=2.25 mg of Vitamin E with a single application. According to the FDA license, the amount of tocopherol acetate varies between 0.225-0.275% w/w, which meets the deliverable vitamin E requirement as 1g of product is typically applied to the face. According to the calculations provided, the Glow & Lovely Multivitamin cream has the equivalent of the vitamin essence found in 30 vitamin capsules. Based on the advertiser’s submissions with the supporting data provided, the CCC concluded that the claim, “30 Vitamin Capsules ke tatva”, was substantiated. The said claim is not in contravention of Chapter I of the ASCI Code. This complaint was NOT UPHELD. Pack claim – “Advanced Multi Vitamin” The CCC took note of the advertiser’s response that the “product formulation is designed with combination of multiple vitamins such as Vitamin B3, Vitamin C, Vitamin E and Vitamin B6”. The product – “Glow & Lovely has made significant advancements with the addition of allantoin and multivitamins over time and offered a formulation with advanced multivitamins. The said claim has been featured on the pack since 2012 and remains unchanged to the present day”. The CCC observed that the advertiser has provided literature support for Vitamin B3, Vitamin C, Vitamin E and Vitamin B6. They have also submitted a Deck showing - the Formulation Advancement to support Advanced Multivitamin, Product Design led through Patented Technology, Images of pack copy of 2012, 2013, 2024, FDA copies, and other additional documents clarifying the claim. The CCC discussed that the advertiser has explained that the word "advanced" refers to the product’s formulation, not necessarily the multivitamin itself. They claim that the product’s composition (formula) was improved in 2004-2005, which justifies using the term "advanced". However, the product has not changed since 2013, the formula has remained the same till date. Despite this, the packaging still carries the word "advanced" with the implication that the product remains improved. As there have been no actual improvements, the claim is giving consumers the impression that the multivitamins in the product are advanced and perform better than before. Based on these observations, the CCC concluded that the Pack claim, “Advanced Multi Vitamin” in the advertisement was not substantiated. The claim is misleading by exaggeration and is likely to lead to widespread disappointment in the minds of consumers. The said claim contravened Chapter I, Clauses 1.1, 1.4, and 1.5 of the ASCI Code. This complaint was UPHELD. For the objection raised against the use of the Celebrity (Radhika Madan) in the advertisement, the CCC observed that the advertiser has not provided any evidence to show that the celebrity had done due diligence prior to endorsement of the product, to ensure that all descriptions, claims and comparisons made in the advertisement, are capable of substantiation. This contravenes Clauses (c), (d) of the ASCI Guidelines for Celebrities in Advertising. This complaint was UPHELD.