Analemma Commerce Private Limited - Yardley London

Recommendation: Upheld | Medium: Consumer Organization

The ASCI had approached the advertiser (Analemma Commerce Private Limited) and the influencer (Rishika Paul) 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 they did not avail. The advertiser replied requesting for an extension to submit their response. However there was no response from the influencer. 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. However, 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 product is clinically tested to offer sweat and odor protection, which blocks sweat glands and inhibits odor causing bacteria, thus enhancing fragrance retention. It is designed to improve the smoothness and appearance of underarm skin. Independent studies support these claims, confirming significant odor protection, sweat reduction, and skin tolerance without irritation. The advertiser further stated that regarding influencer disclosure, the post carried the required ‘Paid Partnership’ tag in compliance with the applicable guidelines. As claim support data, the advertiser provided clinical study report supporting the product’s claims, along with links to the original and revised influencer posts on Facebook. The advertiser’s response, along with the claim support data, was forwarded to an independent technical expert of ASCI for their opinion. The expert opinion was subsequently shared with the advertiser to provide additional submissions. The advertiser responded to the queries raised, clarifying that the clinical study was designed to substantiate long-lasting odor and sweat control using coded test and comparative products, with scientifically relevant evaluation intervals and controlled test conditions. Additionally, in-house sensory test results for smoothness were submitted as a supporting annexure. The advertiser then had a zoom meeting with the technical expert and the ASCI Secretariat to discuss their submissions. Following this meeting, the advertiser submitted scientific papers and reference documents on the mechanism, efficacy, and active ingredients of deodorants and antiperspirants, including aluminium chlorohydrate; Roll-On Deodorant – Sensory Test Results; Roll-On Product Performance Development (PPD) Test Report; and Yardley English Lavender Roll-On Deodorant – Sensory Test Results. The additional submissions made by the advertiser were shared with the technical expert for final opinion. The CCC viewed the Facebook advertisement (https://www.facebook.com/reel/1805786656816299) considered the complaint, the advertiser’s response along with the claim support data, and the expert’s final opinion presented at the meeting. The CCC observed that the advertisement shows an influencer promoting the advertiser’s product - `Yardley London English Lavender Deodorant Roll-On’. The advertisement does not carry any disclosure labels as appropriate to the advertisement, such as “Advertisement”, "Ad", "Sponsored", "Collaboration", “Partnership”, "Employee", "Free Gift", “Affiliate”. The influencer / advertiser has 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 Facebook 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) of the ASCI Guidelines for Influencer Advertising in Digital Media. This complaint was UPHELD. The CCC noted that the Facebook post has been revised to comply with disclosure requirements. Claim – “With @myyardley Roll-On, I get long-lasting fragrance, smooth underarms, and all-day ease through every outfit trial”. The CCC noted that the advertiser submitted clinical studies, sensory evaluation, and independent studies in support of the claims. The CCC observed that the clinical study demonstrated reduction in body odour and sweat over multiple hours following the application of the product. The sensory evaluation, including a home use test, confirmed perception of long lasting fragrance and perception of smooth feel on the skin. The CCC noted that the product contains Palmitoyl Tripeptide-5 and Licorice Extract, which contribute to skin smoothing effect and improvement in skin texture and tone. Based on this assessment, the CCC concluded that the said claim was substantiated and is not in contravention of Chapter I of the ASCI Code. This complaint was NOT UPHELD.