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/411879591750940/) (in Gujarathi), 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 product being claimed as "Treatment" was not substantiated with clinical evidence of product efficacy. The claim is misleading by exaggeration and is likely to lead to widespread disappointment in the minds of consumers. The claim contravened Chapter I, Clauses 1.1, 1.4, and 1.5 of the ASCI Code, and ASCI Guidelines on Advertising of Foods & Beverages (F&B). This complaint was UPHELD