Hindustan Unilever Limited - Horlicks

Recommendation: Upheld | Medium: Consumer Organization

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 but submitted their response. The advertiser in their response stated the product Horlicks Pro-Fitness is classified as a Food for Special Dietary Use (FSDU) for weight management under the Food Safety and Standards (Nutra) Regulations, 2022. The product has been formulated in complete compliance with the regulatory conditions stipulated under the applicable FSDU standards. The advertiser also stated that the advertisement is based on well-established principles of calorie-deficit-driven weight management rather than product-specific efficacy. The advertiser also stated that a daily calorie deficit of 500–1000 kcal can typically result in 0.5–1 kg weight loss per week, making the claim “up to 2 kg in one month” a realistic and conservative outcome, with the term “up to” clearly indicating variability rather than a guaranteed result. It was further submitted that the claim is conditional and intended to be read with a disclaimer relating to a balanced diet, active lifestyle, and calorie restriction, consistent with the product’s classification as a meal replacement under FSDU guidelines. The advertiser acknowledged that the disclaimer was not displayed in the specific Instagram advertisement and confirmed that corrective measures have been implemented to ensure proper disclosures in future. Additionally, the advertiser stated that the overall communication was stated to promote sustainable weight management practices. As claim support data, the advertiser provided the following documents – (1) Front and back image of product packaging, (2) FSSAI License (3) Published literature. 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 stated that they do not wish to proceed with the proposed meeting and submitted additional submissions. The Consumer Complaints Council (CCC) viewed the Instagram advertisement (https://www.instagram.com/p/DUtYsfijHMV/?utm_source=ig_web_copy_link&igsh=NTc4MTIwNjQ2YQ%3 D%3D), considered the complaint, the advertiser’s response along with the claim support data, and the expert’s opinion presented at the meeting. Claim - Lose Up To 2kg In 1 Month* The Consumer Complaints Council (CCC) noted that the advertiser submitted published literature confirming that Horlicks Pro Fitness is classified as a Food for Special Dietary Use (FSDU) for weight management under the Food Safety and Standards (Nutra) Regulations, 2022, and that the product has been formulated in complete compliance with the regulatory conditions stipulated under the applicable FSDU standards. However, the CCC observed that the disclaimer, which was intended to qualify the claim "Lose up to 2KG in 1 month*", was inadvertently omitted from the Instagram advertisement, thereby rendering the asterisk without any qualifying context for the consumer. The CCC noted that the advertiser acknowledged this omission and has committed to ensuring that the disclaimer is prominently and proximately displayed alongside the claim in all future advertisements, in accordance with the ASCI Guidelines on disclaimers. In light of the above, the CCC concluded that the claim, as published in the advertisement without the qualifying disclaimer, was liable to mislead consumers into believing that losing up to 2KG in one month is a typical or assured outcome and is likely to mislead and lead to widespread disappointment in the minds of the consumers. This claim contravened Chapter I, clauses 1.4 and 1.5 along with the ASCI Guidelines for Disclaimers made in supporting, limiting or explaining claims made in Advertisements. This complaint was UPHELD Claim : Imagine waking up 2kg lighter in just a month The Consumer Complaints Council (CCC) noted that the product Horlicks Pro Fitness is classified as a Food for Special Dietary Use (FSDU) for weight management under the Food Safety and Standards (Nutra) Regulations, 2022, and that the product has been formulated in complete compliance with the regulatory conditions stipulated under the applicable FSDU standards. The CCC further noted that the product is positioned as a partial meal replacement, which is also clearly indicated on the product packaging, stating that up to 2 meals per day may be replaced for the purpose of weight loss. The CCC also observed that the advertiser submitted robust scientific consensus from national and international nutritional guidelines, indicating that a sustained daily calorie deficit of approximately 500–1,000 kcal typically results in a weight loss of approximately 0.5–1 kg per week, which translates to approximately 2–4 kg over the course of a month, subject to individual variability in factors such as baseline weight, metabolic rate, and dietary adherence. The CCC noted that the claim "up to 2 kg in 1 month" therefore represents a conservative and realistic outcome that falls well within the accepted safe range of weight loss as recognised by leading Indian and global health authorities. Based on the above, the CCC concluded that the claim “Imagine waking up 2kg lighter in just a month” was substantiated and is not in contravention of any of the ASCI code. This complaint was NOT UPHELD. Claim : No crazy diets, no exhausting workouts The Consumer Complaints Council (CCC) noted that under the Food Safety and Standards Authority of India (FSSAI) Advertisement and Claims Regulations, 2018, Item 10(4) expressly stipulates that Foods for Special Dietary Uses (FSDU) or Foods for Special Medical Purposes shall not carry a claim unless specifically permitted under any other regulations made under the Food Safety and Standards Act, 2006 (34 of 2006). The CCC observed that since Horlicks Pro Fitness falls within the FSDU category, it is not permitted to make any product-specific claim unless such a claim has been explicitly approved by the competent regulatory authority. The CCC further noted that the claim "No crazy diets, no exhausting workouts", as featured in the advertisement, constitutes a product claim that is not sanctioned under the applicable regulatory framework governing FSDU products, and is therefore in contravention of the said regulations. The CCC also observed that the advertiser has acknowledged this position and is cognizant of the regulatory restrictions applicable to FSDU products. The advertiser has further confirmed that the advertisement in question is no longer active on any platform and has provided an undertaking that this claim shall not be used in any future advertisements. Based on the above, the CCC concluded that the claim "No crazy diets, no exhausting workouts" 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 1.4 and 1.5 of the ASCI Code. This complaint was UPHELD. The CCC noted that the advertisement is currently not active on any of the platforms.