Aayush Wellness Limited - Aayush Herbal Pan Masala

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, “We request you enlighten us about the jurisdiction of ASCI to register and adjudicate on any complaint against the Company including the relevant laws, rules which empower ASCI to act as a judicial authority, enforceability of orders passed by ASCI and any appellate authority to challenge any orders passed ASCI”. The ASCI Secretariat responded to the advertiser’s query and requested them to substantiate the claims made. In the absence of any support data, the advertiser was advised to withdraw the claims so that this complaint could be resolved under IR mechanism. However, the advertiser did not respond within the given timelines. The Consumer Complaints Council (CCC) viewed the Facebook advertisement (https://www.facebook.com/61555665373176/videos/1254498289329415) considered the complaint and the advertiser’s reply. The CCC observed that the advertiser has not responded to the objections raised in the complaint. The advertiser has sought for explanation of ASCI's legal powers - its ability to handle complaints, the laws that give it authority, and whether its decisions are enforceable. The CCC discussed that in the absence of claim support data, the claim, “Agar mai aapko ek aisa ayurvedic gutka khilau jis se apki pehli bar khane se talab kum ho jayegi”, was not substantiated with clinical evidence of product efficacy. The CCC further discussed that the advertiser has not provided the list of ingredients with their ayurvedic uses, clinical studies supporting the efficacy of the ingredients, compliance with Ayurvedic regulations, evidence that the product does not contain non-ayurvedic ingredients. In the absence of this data, the product claiming to be an `ayurvedic’ was not substantiated. The claims are misleading by exaggeration and are likely to lead to widespread disappointment in the minds of consumers. The source for the claims is not indicated in the advertisement. The claims contravened Chapter I, Clauses 1.1, 1.2, 1.4, and 1.5 of the ASCI Code, and ASCI Guidelines on Advertising of Foods & Beverages (F&B). This complaint was UPHELD. The CCC further discussed that the Aayush Herbal's advertisement is similar to the Complainant's advertisement for `Smotect Azaadi’ in layout, copy, dialogues, and visual presentation so as to suggest plagiarism. This contravened Chapter IV, Clause 4.3 of the ASCI Code. This complaint was UPHELD.