Procter & Gamble Health Limited - Livogen Iron Gummies

Recommendation: Upheld | Medium: Suo Moto

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, “2 Livogen Gummies = Iron in 2 bowls on Spinach*”, is a quantitative comparison of elemental iron content and does not represent a therapeutic, efficacy claim, nor does it suggest replacement of vegetables or a balanced diet. The comparison is based on the product’s compositional specifications and the iron values for spinach referenced from the Indian Food Composition Tables published by the National Institute of Nutrition under the Indian Council of Medical Research, with portion size references cited from the Dietary Guidelines for Indians. The advertiser further stated that the claim, “Complete 100% of Daily Iron Needs” is being discontinued in its current form. As claim support data, the advertiser provided Indian Food Composition Tables, Dietary Guidelines for Indians, product license, and product label. 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 for additional submissions. The advertiser did not provide any further data but stated that, based on the expert’s review of the material already submitted in support of the claim, a meeting with the expert may not be required. The Consumer Complaints Council (CCC) viewed the Website (https://www.amazon.in/dp/B0FJS8KQH4ref=cm_sw_r_ud_dp_095YHNMBAGE77XTFH5YJ&ref_=cm_sw_r_ud_dp_095YHNMBAGE77XTFH5YJ&social_share=cm_sw_r_ud_dp_095YHNMBAGE77XTFH5YJ&language=en-IN&th=1), considered the complaint, the advertiser’s response along with the claim support data, and the expert’s opinion presented at the meeting. Claim – “2 Livogen Gummies = Iron in 2 bowls on Spinach*” The CCC noted the advertiser’s submission that the said claim was based on the iron values for spinach from the Indian Food Composition Tables (IFCT) and portion size references from the Dietary Guidelines for Indians (DGI), as cited by the advertiser. The CCC observed that the advertiser has cited published reference standards for the amount of iron in two bowls of spinach and compared that with the amount of iron in 2 Livogen Gummies. The CCC discussed whether a product specific test was required to establish the quantity of iron in the mentioned dosage of gummies, since no such study was provided. They further deliberated that as per the product label, each gummy contains 6.5 mg of iron, and 2 gummies would provide 13 mg of iron, which is equivalent to what two bowls of spinach with 200 gm serve size each would provide, that is 11.8mg iron. However, the CCC noted that the advertisement does not specify the serve size per bowl used for the comparison in the said advertisement. Although the advertisement includes a disclaimer stating that the iron content of spinach is as per the IFCT, the CCC considered the disclaimer to be insufficiently descriptive to adequately explain the basis of the claim for consumers to make an informed choice. Based on this assessment, the CCC concluded that the claim, “2 Livogen Gummies = Iron in 2 bowls on Spinach*”, is misleading by omission. The said claim in the advertisement contravened Chapter I, Clause 1.4 of the ASCI Code. This complaint was UPHELD. Claim – “Complete 100% of Daily Iron Needs” The CCC observed that the advertiser did not provide supporting data for the claim made. In the absence of claim support data, the CCC concluded that the said claim was not substantiated, and is misleading by exaggeration. The claim in the advertisement contravened Chapter I, Clauses 1.1, and 1.4 of the ASCI Code. This complaint was UPHELD. The CCC noted the advertiser’s assurance that the said claim has been withdrawn.