Urban Essentials India Private limited - Plush's Comfort High Waist Period Panty

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 replied requesting for a week’s time to submit their response. The deadlines stipulated under the Consumer Complaints Council (CCC) procedure are designed with due consideration to the immediate and widespread impact that advertisements can have on the public. Therefore, any action required in this regard must be prompt and time sensitive. Accordingly, strict timelines are set for advertisers, broadcasters, and other relevant parties, and the CCC itself prioritizes the expeditious handling of every complaint it receives. As a special gesture, the advertiser in this case was granted an extension of an additional four business days to submit their response. However, the advertiser failed to respond within the extended timelines. The CCC viewed the Facebook advertisement (https://www.facebook.com/ads/library/?id=1305029624470210) considered the complaint, and the advertiser’s reply. The CCC observed that the advertiser has not provided supporting data for the product claims made. In the absence of claim support data, the CCC concluded that the claims, “Experience 12-hour leak protection with Plush’s Comfort High Waist Period Panty”, “99.9% Protection Against Bacterial Infections”, and “360° Coverage & 12-Hour Leak Protection”, were not substantiated with clinical evidence or independent third-party clinical test reports demonstrating the product’s efficacy in delivering the claimed benefits. The claims are misleading by exaggeration and are likely to cause widespread disappointment in the minds of consumers. The source and date for the claims is not mentioned in the advertisement. The said claims contravened Chapter I, Clauses 1.1, 1.2, 1.4 and 1.5 of the ASCI Code. This complaint was UPHELD