Jolly Pharma India - Vaseer Capsules and Gel

Recommendation: Upheld | Medium: Government Body

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 claim in the advertisement or alternately to substantiate the claim with supporting data. The advertiser was also offered an opportunity for a telecon with the ASCI Secretariat, which they did not avail and neither did they submit their written response. The Consumer Complaints Council (CCC) viewed the advertisement and considered the complaint. The CCC observed that no response was received from the advertiser prior to the prescribed due date as specified by the ASCI Secretariat. The CCC observed that the advertiser has not provided product specific details such as copy of product label, product approval license, evidence of ayurvedic ingredients present in the product, and product composition details. Upon careful consideration of the complaint and in the absence of response from the advertiser, the CCC concluded that the claims (in Hindi) as translated in English, “Ayurvedic Treatment of Piles without operation” , “Effective from Day-1”, were not substantiated with clinical evidence, clinical third party test reports for product efficacy to prove that the product cures Piles and it gives effect from day 1. The source for the claims is not indicated in the advertisement. The claims are misleading by exaggeration and are likely to lead to widespread disappointment in the minds of consumers. The claims violates Provision of sub rule-1 of Rule 170 of Drugs and Cosmetics Act 140 & Rules. The said claims in the advertisement contravened Chapter I, Clauses 1.1, 1.2, 1.4 and 1.5, and Chapter III, Clause 3.4 of the ASCI Code. This complaint was UPHELD.