Navashya Consumer Products Private Limited - Superbottoms Underwear

Recommendation: Upheld | Medium: Suo Motu - NAMS (TAMS)

The ASCI had approached the advertiser for its response in addressing the objections raised in the complaint. 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 the claim, “India’s Softest Underwear for Kids”, was based on consumer perception gathered through market feedback and preference based inputs from the audience comparing softness across commonly used kids’ underwear brands, and that the claim, “3× softer than regular underwear”, was derived from general material science literature and commonly available studies indicating that bamboobased fabrics are perceived to be significantly softer than conventional cotton fabrics. The advertiser informed that the advertisement has been removed and shared a screenshot for reference. The advertiser submitted a manufacturer’s report confirming the fabric composition of the product and proposed to include a disclaimer with the claim. The advertiser further shared links for market survey feedback, articles and studies on bamboo fabric softness, and a published comparative textile study on bamboo vs. cotton fabric softness. They also mentioned that the independent laboratory testing is underway, with reports to be submitted once completed. The advertiser’s response with the claim support data was referred to an independent technical expert of ASCI for their opinion. The expert opinion was then shared with the advertiser to allow them to make additional submissions. The advertiser then held a zoom meeting with the ASCI Secretariat and the technical expert to discuss their submissions. Following the meeting, the advertiser informed that they are arranging third party testing to substantiate their claims, as discussed during the teleconference. A laboratory has been engaged, but the testing and report generation require additional time. The advertiser requested an extension of 7–10 working days to compile and submit the supporting evidence. The advertiser was requested to modify or withdraw the objected claims across all media until their ongoing testing was complete, to allow the complaint to be closed under the Informal Resolution (IR) process. However, the advertiser did not respond within the given timelines. The Consumer Complaints Council (CCC) viviewed the Facebook advertisement (https://www.facebook.com/ads/library/?id=2022132318645689), considered the complaint, the advertiser’s response along with the claim support data, and the expert’s opinion presented at the meeting. Claim – “Say hello to SuperSoft Underwear - India’s Softest Underwear for Kids!” The CCC noted the advertiser’s submission that this claim is based on consumer perception gathered through a survey. The CCC observed that the consumer perception report does not adequately support the claim, as it did not include users who had experience with a variety of kids underwear brands available in India. The survey questions did not provide a clear guide for respondents to rate softness, and it was unclear how consumers were expected to answer in a way that establishes a comparative claim. The CCC further observed that there was no instrumental or mechanical test report submitted to provide quantitative data comparing the advertiser’s product against other competition products. The literature provided suggests that other fabrics may be perceived as softer than bamboo. The CCC discussed that in the absence of product specific testing or statistically significant comparative results, the claim that the advertiser’s supersoft underwear is India’s softest for kids was not substantiated. Claim – “3x softer than regular underwear” The CCC noted the advertiser’s submission that this claim is based on textile science principles, particularly circular bending rigidity measurements reported in published literature, which indicate that bamboo fabrics may have lower bending rigidity than cotton and are therefore softer. The CCC discussed that this method is an objective, instrumental way to assess relative softness, rather than relying on subjective perception. However, the advertiser has not submitted any test reports for their own product, relying solely on general literature. The CCC further discussed that the consumer perception survey also does not support a quantitative comparison of being “3× softer” as it did not test the product against competitors in a statistically significant way. It is not possible for consumers to rate fabric softness numerically to show a three times difference. The published literature provides contrary findings, suggesting that regenerated bamboo fabrics may not always be superior tocotton or other fibres. There is also lack of clarity on the type of bamboo fibre used, which affects softness outcomes. The CCC noted that the advertiser has acknowledged the lack of testing of their own product and stated that they have initiated independent laboratory testing through recognized third party laboratories to conduct comparative evaluations. Based on this assessment, the CCC concluded that the claims, “Say hello to SuperSoft Underwear - India’s Softest Underwear for Kids!” and “3x softer than regular underwear”, were inadequately substantiated. The claims are misleading by exaggeration and are likely to lead to widespread disappointment in the minds of consumers. The said claims in the advertisement contravened Chapter I, Clauses 1.1, 1.4 and 1.5 of the ASCI Code. This complaint was UPHELD. The CCC noted the advertiser’s assurance that the said Facebook advertisement has been withdrawn.