Nivea India Private Limited - NIVEA

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 submitted their response. The advertiser in their response stated that the claim, “Nivea cares for both your skin & the planet”, does not appear in isolation but forms part of a continuous descriptive sentence which reads that “this formula is 99% biodegradable+ and microplastic-free, in a bottle made out of 96% recycled material”, and is qualified by specific product attributes and disclaimers disclosed in the same sentence, with the environmental context expressly communicated and supported by appropriate formulation and packaging substantiation. The claim, “99% biodegradable formula”, relates specifically to the formulation of the product and is based on an ingredient-wise biodegradability assessment carried out as per internationally recognized biodegradability test guidelines, with the formulation assessed to be approximately 99% biodegradable and the remaining fraction primarily relating to the fragrance component. The claim, “96% recycled bottle”, relates to the material composition of the bottle, communicating that the bottle body is manufactured using recycled plastic material, specifically post-consumer recycled polyethylene terephthalate (rPET), with the recycled content supported by supplier technical documentation and internal packaging specifications. As claim support data, the advertiser provided the following documents – (1) Technical note on biodegradability assessment methodology, (2) Biodegradability calculation summary, (3) Supplier technical data sheet, (4) Bottle packaging material specification, (5) Recycled content substantiation, (6) Copy of advertisement, (7) Product regulatory approval. 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 them to make additional submissions. The advertiser addressed the queries raised and stated that all environmental claims are supported by reliable scientific and technical substantiation based on recognised methodologies, formulation evidence, and packaging data. For the claim, “99% biodegradable formula”, they stated that the biodegradability of the formulation has been assessed on an ingredient-wise basis using recognised methods, with overall biodegradability derived from the biodegradation profile of individual components, including the fragrance mixture, resulting in an approximate 99% biodegradability. For the claim, “96% recycled bottle”, they stated that the claim relates to the bottle body (excluding cap), is based on the use of post-consumer recycled PET as the primary material, and is supported by supplier documentation and internal packaging composition data. As part of additional submissions, the advertiser provided technical note on biodegradability assessment methodology, a white paper on biodegradability statements, supplier technical documentation for recycled PET resin, internal packaging material specifications, and a recycled content substantiation document. The advertiser then held a zoom meeting with the ASCI Secretariat and the technical expert to discuss their submissions. The additional submissions made by the advertiser were shared with the technical expert for final opinion. The Consumer Complaints Council (CCC) viewed the Website advertisement (https://www.nivea.in/products/nivea-waterlily-and-oil-shower-gel-89042560006590213.html), considered the complaint, the advertiser’s response along with the claim support data, and the expert’s final opinion presented at the meeting. Claim – “Nivea cares for both your skin & the planet” The CCC observed that the claim is supported by the use of post-consumer recycled plastic in bottles and caps, as evidenced by supplier datasheets and related documentation for packaging materials. The CCC noted that the use of recycled plastic materials is stated to reduce environmental impact. Claim – “99% biodegradable formula” The CCC observed that the formula refers to the product and not the packaging. The CCC noted that the biodegradability assessment has been carried out on a component-wise basis. All organic components, except the fragrance component, are considered readily biodegradable, with the fragrance assigned a lower biodegradability score as detailed in the supporting annexures and documents. The CCC further noted that the overall biodegradability is derived from this component-wise assessment and is shown to exceed 99%, with the claim considered a conservative estimate of the formulation. Claim – “96% recycled bottle” The CCC observed that the claim refers specifically to the material composition of the bottle body, excluding the cap, and is substantiated by the use of post-consumer recycled polyethylene terephthalate (rPET) as the primary raw material. Supported by supplier technical data sheets, the advertiser demonstrated that the plastic used is 100% post-consumer recycled. While internal assessments indicate an actual recycled content of approximately 98%, the CCC noted that the advertiser adopted a more conservative 96% figure to account for manufacturing variations and the necessary inclusion of a color masterbatch additive. Furthermore, the CCC also observed that the claim is strictly limited to the recycled material input of the packaging and does not imply the existence of a consumer take-back or collection system for the bottles after use. Based on this assessment, the CCC concluded that the claims, “NIVEA cares for both your skin & the planet”, “99% biodegradable formula”, and “96% recycled bottle”, were substantiated. The said claims are not in contravention of Chapter I of the ASCI Code, and ASCI Guidelines for Advertisements Making Environmental/Green claims. This complaint was NOT UPHELD.