Foxtale Consumer Private Limited - Foxtale Deleted Items Niacinamide Clarifying Serum

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 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 submitted their response. The advertiser submitted a clinical study report in support of the claim made. The advertiser further stated that they are awaiting a signed undertaking from the celebrity (Harshvardhan Rane) and requested an extension to submit the same. The claim support data was referred to an independent technical expert of ASCI for their opinion. The expert opinion was shared with the advertiser to allow them to make additional submissions. Upon receiving the opinion, the advertiser agreed to modify the claim made in the advertisement. However, the claim remained visible on the advertiser’s website. As the required modifications were not carried out within the given timelines, the matter was referred to the Consumer Complaints Council (CCC) for deliberation. The CCC viewed the website advertisement, considered the complaint, the advertiser’s response along with the claim support data, and the expert’s opinion presented at the meeting. The CCC observed that the advertiser submitted a clinical study report evaluating the serum for its effects on acne, post-acne marks, pigmentation, sebum levels, redness, and overall skin acceptability. The study involved female subjects applying the product twice daily for 28 days. The assessments included both subjective evaluations by participants and objective measurements of melanin content in dark spots. The measurements showed a decrease in melanin levels over the period, indicating that the product reduces pigmentation in the affected areas. The participants also reported a noticeable reduction in acne spots and post-inflammatory hyperpigmentation. While the findings demonstrate that the product can reduce the appearance of pigmentation, they do not show complete removal of marks or pigmentation. Based on this assessment, the CCC concluded that the claim, “Delete marks and pigmentation in 14 days*” [*Based on the consumer study conducted with 36 volunteers], was inadequately substantiated. The claim is misleading by exaggeration and is likely to lead to widespread disappointment in the minds of consumers. The said claim 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 that the advertiser provided an assurance that the claim in the advertisement would be modified. The CCC further observed that for the objection raised against the use of the celebrity (Harshvardhan Rane) in the advertisement, the advertiser did not provide any evidence to show that the celebrity had done due diligence prior to the endorsement of the product, to ensure that all descriptions, claims and comparisons made in the advertisement are capable of substantiation. The advertisement contravened Clauses (c) and (d) of the ASCI Guidelines for Celebrities in Advertising. This complaint was UPHELD