Cipla Ltd. - Cheston

Recommendation: Not Upheld | Medium: General Public

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 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 seeking for an extension of two weeks to submit their response. As a special gesture, the advertiser was granted an extension of additional five business days to respond. The advertiser in their response stated that the product, `Cheston Cold Tablet’ containing paracetamol, phenylephrine, caffeine, and diphenhydramine, is intended for symptomatic relief of common cold. The product being a Schedule G drug, its advertisement is not prohibited under applicable laws, provided it is not misleading and complies with regulatory frameworks. The advertisement does not promote self-diagnosis, includes appropriate disclaimers, and does not claim cure of any scheduled disease under the Drugs and Magic Remedies Act. The claim, “starts action in 15 minutes”, refers to the pharmacological onset of diphenhydramine, supported by scientific literature, and not complete relief. The advertiser provided evidence comprising of clinical and scientific literature supporting the product’s claims, official regulatory documents, front and back images of product pack, and product license. 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 shared with the advertiser to allow additional submissions. The advertiser responded that the claims relate to the onset of action of the antihistamine (diphenhydramine) and phenylephrine, which denotes the time a drug begins producing its intended pharmacological effect. They stated that both these active ingredients have well established onset profiles documented in standard pharmacology references and published literature. The advertiser clarified that the advertisement does not claim complete symptom relief within 15 minutes and agreed to remove the phrase “so you can be at your best” from the YouTube description. They also noted that the tagline “Cheston Toh Aapka Best On” is puffery, separate from the pharmacological claim, and does not indicate clinical outcomes. In support of their response, the advertiser submitted scientific literature supporting the onset of action of the active ingredients, and legal references explaining the use of brand taglines as puffery in advertising. The advertiser then held a zoom meeting with the ASCI Secretariat and the technical expert to discuss their submissions. Following the meeting, the advertiser submitted a pharmacology textbook to establish that onset of action corresponds to the beginning of clinically symptom relief. They provided examples of rapid acting drugs in emergency or procedural settings, to demonstrate that onset of action indicates initial symptomatic improvement and not full recovery. The additional submissions made by the advertiser were shared with the technical expert for final opinion. The Consumer Complaints Council (CCC) viewed the YouTube advertisement, print advertisement, 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 noted that the advertiser submitted scientific and clinical data, including pharmacological literature and references on the onset of action of the active ingredients, to support the claims made for the product - `Cheston Cold Tablet’. The CCC observed that the product is formulated to provide symptomatic relief for common cold and contains paracetamol, phenylephrine hydrochloride, caffeine, and diphenhydramine hydrochloride, collectively referred to as the P2DC formulation. The CCC further observed that the advertised claims stating that the product “starts action in 15 minutes” refer to the onset of pharmacological action, which indicates when the drug begins to produce a measurable effect in the body. The pharmacological onset does not necessarily correspond with full symptom relief. The CCC noted that the advertiser has agreed to amend the YouTube description by removing the phrase “so you can be at your best”. The CCC acknowledged that the advertiser’s intent was to highlight the antihistaminic properties of the formulation rather than the effects of other components. It was clarified that the active ingredients act on specific receptors to relieve allergy and cold related symptoms, and that the onset of action represents the beginning of therapeutic effect not complete relief. The CCC observed that the advertisement visuals showing a stopwatch icon with “15 mins” and a woman appearing comfortable and relieved, were intended to indicate the onset of action of the product rather than full symptom relief. The CCC noted that the advertisement includes a disclaimer advising consumers to consult a doctor if symptoms persist. Taking these factors into account, the CCC was of the view that the visuals are not misleading. The CCC further observed that the product is a Schedule G medicine, which permits advertising under applicable regulations. The CCC noted that the statutory caution regarding medical supervision is present on the packaging and that the advertisement does not encourage self-diagnosis or bypassing medical guidance. Based on this assessment, the CCC concluded that the YouTube voiceover claim, “Iska P2DC formula 15 minute mein asar dikhana shuru kare”, YouTube description claim, “It's P2DC* formula starts action in 15 mins#, so you can be at your best”, and print Ad claim, “काम सुरु 15 मममिटाांमध्ये*”, were substantiated. The said claims are not in contravention of Chapter I of the ASCI Code. This complaint was NOT UPHELD.