Lotus Herbals Private Limited - Lotus Botanicals Gentle Foaming Face Wash

Recommendation: 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 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 replied requesting for an extension of two weeks to submit their detailed response. The deadlines stipulated by Consumer Complaints Council (CCC) procedure exist keeping in mind the immediate and widespread impact that advertisements have on the public. Consequently, any action which is needed to be taken with respect to the same is required to be prompt and urgent. It is for this purpose that the deadlines, as stipulated, are set for advertisers/broadcasters etc, and the CCC itself makes it a priority to deal with every complaint before it as expeditiously as possible. However, the advertiser was granted an extension of additional six business days to respond. The advertiser in their response stated that “….. we have removed the before and after visuals from the product description. As per your request for supporting documents to substantiate that the claimed ingredients (Neem, Tulsi & Salicylic Acid) are present in this 'wash-off' product in sufficient quantities, we have attached a report of a scientific research study related to preventive measures for skin acne and pimples, unclogging of pores, and removing impurities”. As claim support data, the advertiser provided a study report which was issued and certified by the advertiser’s head of Research and Development. As the advertiser’s response was inadequate, the ASCI Secretariat requested the advertiser to provide published scientific review journals for the ingredient based claim made, and copy of clinical study report for the product claiming to prevents acne and pimples. However, the advertiser did not respond within the given timelines. The CCC viewed the Website advertisement (https://www.lotusbotanicals.com/products/copy-of-neem-tulsi-gentle-foaming-face-wash) considered the complaint and the advertiser’s response. Claim – “Clear, Pimple Free Glowing Skin with Purifying Neem, Tulsi & Salicylic Acid Gentle Foaming Face Wash” - the CCC observed that the advertiser has not provided product specific details such as copy of product label, product approval license, evidence of ingredients present in the product, and product composition details. The CCC discussed that the advertiser has submitted a study report related to preventive measures for skin acne and pimples, unclogging of pores, and removing impurities. This document shared also contains published literature links which shows the benefits provided by the ingredients. On further evaluation of the claim, the CCC discussed that the advertiser is attributing the product's effectiveness in providing clear, pimple free glowing skin to the presence of Neem, Tulsi, and Salicylic Acid in the product. As a result, the advertiser has made an ingredient based claim for which they have not submitted any proof on effectiveness of Neem, Tulsi, and Salicylic Acid at the levels at which it is incorporated in the product, to prove the product benefit claimed. The CCC further discussed that the advertiser did not provide any product efficacy data for their formulation specific to the benefits attributable to the claimed ingredients, nor any clinical study conducted on the product as a whole that demonstrated that the product gives clear, pimple free glowing skin as claimed. Based on these observations, the CCC concluded that the claim, “Clear, Pimple Free Glowing Skin with Purifying Neem, Tulsi & Salicylic Acid Gentle Foaming Face Wash”, was inadequately substantiated. The claim is misleading by exaggeration and is likely to lead to widespread disappointment in the minds of students. 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. Claim – “Prevents acne & pimples” - the CCC discussed that the advertiser has not submitted clinical evidence or any clinical third party test reports for product efficacy to prove that the advertiser’s product being a wash off product, prevents acne and pimples. In the absence of claim support data, the CCC concluded that the said claim 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. The CCC further discussed that the skin transformation visuals of 'before' and 'after' use of the product shown in the advertisement is misleading, as it implies that the product completely removes acne / pimples. The said visual in the advertisement contravened Chapter I, Clause 1.4 of the ASCI Code. This complaint was UPHELD. The CCC noted the advertiser’s assurance that the said visual has been withdrawn from the advertisement.