Hindustan Unilever Limited - Sunsilk

Recommendation: Upheld | Medium: Industry Member

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 statement clearly indicates that the product contains some natural ingredients, rather than claiming that the entire product is natural. This is substantiated by supplier certificates, which confirm that the onion oil and jojoba oil used in the Product are 100% natural. …… The shampoo aids in detangling hair, making it easier to manage and less prone to breakage. By strengthening the hair, Sunsilk Onion Shampoo helps reduce breakage, thereby maintaining the appearance of long and healthy hair. The results attached …….. show a significant reduction in hair breakage with Sunsilk shampoo compared to the non-conditioning shampoo, demonstrating noticeable benefits from the very first wash”. evaluation report, (3) Product approval licence, (4) Copy of product label. The advertiser’s response along with the claim support data, was referred to an Independent technical expert of ASCI for an opinion in the matter. The expert's opinion was then shared with the complainant and the advertiser, who were given the opportunity to make additional submissions. The complainant did not respond to the technical opinion. However, the advertiser submitted the following data – (1) Examples of "Say Goodbye" claim used in advertisements of similar hair care products, (2) Examples of Non-Conditioning Shampoo used as the control in advertisements, (3) Hair Breakage Study. The advertiser then had a telecon/meeting with the technical expert and the ASCI Secretariat via zoom video conference to discuss their submissions. Post this meeting, the advertiser responded to the queries raised in the expert opinion. They submitted that, “This claim of naturality for these ingredients is based on ISO-16128, a globally recognized standard introduced by the International Organization for Standardization (ISO) that provides guidelines on definitions and criteria for natural and organic cosmetic ingredients and products. That “Say goodbye” is meant as a call to action to consumers – an emotive call encouraging customers to address hair fall due to hair breakage. It is not meant to be an absolute claim which attempts to communicate to consumers that this Product rids them of all hair fall worries. That it is common in the cosmetics industry for products to advertise claims of “Say goodbye” to various targeted cosmetic issues faced by consumers”. In support of their response, the advertiser further shared the following information – documents on Natural Statement for Jojoba Oil, Natural Statement for Onion and Sunflower Seed Oil, and Naturality Calculations for product formulation. The additional submissions made by the advertiser were shared with the technical expert for final opinion. The Consumer Complaints Council (CCC) viewed the Instagram advertisement (https://www.instagram.com/p/C- zNwhIihmp/?igsh=NzdwY2YzbzA4Mnlq), Website advertisement (https://beuflix.com/products/sunsilk-hairfall-shampoo-with- onion-jojoba-oil?srsltid=AfmBOoosTRM7nVqRvsIV9XChXnmFK8- iBtzi8fVKSCrGQvUE7JmXBGaH&variant=43586716631270), considered the complaint, the advertiser’s response along with the claim support data, and the expert’s final opinion presented at the meeting. Claim - “Infused with 100% natural goodness” The CCC observed that the claim is specifically about the infusion of certain ingredients which verify the natural origin of the ingredients. The advertiser has provided supplier certificates for the ingredients - onion oil and jojoba oil used in the product. The CCC discussed that the advertiser claims their product is 91.160% naturally derived, including water in this percentage. However, according to naturality calculations and ISO guidelines, water should not be counted as part of the "naturally derived" content. This is because water is not considered a naturally derived ingredient in such formulations. Therefore, the product's actual naturally derived content would be lower than advertised. The CCC further discussed that the advertiser has mentioned that the formulation contains 100% natural ingredients, specifically onion oil and jojoba oil, which are natural. However, the claim, "infused with 100% natural goodness" could mislead consumers into thinking the entire product is made of only natural ingredients, even though it may contain other non-natural substances or synthetic components. Based on this assessment, the CCC concluded that the claim, “Infused with 100% natural goodness”, was inadequately substantiated. The claim is misleading by exaggeration and is likely to lead to widespread disappointment in the minds of consumers. The source for the claim is not indicated in the advertisement. The said claim in the advertisement contravened Chapter I, Clauses 1.1, 1.2, 1.4 and 1.5 of the ASCI Code. This complaint was UPHELD.