Niine Private Limited - Niine Biodegradable Sanitary Napkins

Recommendation: Not 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 objected to in the advertisement, or alternately to substantiate the claims with the required 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, “Niine developed a compostable and biodegradable sanitary napkin Niine applied to CIPET for conducting comprehensive tests on the Said Product before making any claims in this regard. Post running the stringent tests on the Said Product, CIPET issued a Letter bearing no. LARPM/CIPET/Testing/2023-24 dated 18th April, 2023 including the Certificate of Analysis as per ISO 17088:2021 declaring the Said Product compostable and biodegradable. Post having obtained the Certificate of Analysis as per ISO 17088:2021 from CIPET, Niine made an online application bearing no. Niine Private Limited/Uttar Pradesh/350 dated 22nd May, 2023 on the website of the Central Pollution Control Board (“CPCB”) for obtaining the certificate for manufacturing/selling compostable product in Indian Market.” As support claim data, the advertiser submitted the following documents - (1) Certificate of Analysis issued by Central Institute of Petrochemical Engineering and Technology (CIPET), (2) Certificate from Central Pollution and Control Board (CPCB), (3) Copy of the Website Ad, (4) Copy of front and back image of the product pack. The advertiser’s response along with the claim support data was referred to an Independent technical expert of the ASCI for an opinion in the matter. The expert’s opinion was then shared with the advertiser for providing any additional data. However, the advertiser did not make any further submissions. The Consumer Complaints Council (CCC) viewed the Website advertisement, considered the complaint, the advertiser’s response along with the claim support data, and the expert’s opinion presented at the meeting. The CCC observed that the advertiser submitted certificate of analysis as per ISO 17088:2021 from Central Institute of Petrochemical Engineering and Technology (CIPET), for its Sanitary Napkin with respect to its biodegradability and composability. As per this certificate the product is not only compostable but also biodegradable. The CCC discussed that the test findings showed that the advertiser's product is compostable, and the percentage of compostability reported after 175 days is 90.96% and biodegradable, confirming with final aerobic biodegradation with reference to 100% degradation of the positive reference. The germination and plant growth study conducted by CIPET on the product as part of the testing method, showed that the percentage rate of seedling germination was greater than 90%. The CCC further discussed that the advertiser provided a provisional certificate issued by Central Pollution and Control Board (CPCB) permitting the advertiser to manufacture and sell compostable commodities in Indian market. Based on the advertiser’s response with the supporting data provided, the CCC concluded that the Website claim, “Niine Biodegradable Sanitary Napkins”, and the product packaging claim on the Website, “Biodegradable & Compostable”, are not in contravention of Chapter I of the ASCI Code. This complaint was NOT UPHELD