The Sleep Company Comfort Grid Technologies Private Limited - SamrtGrid Mattress

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 claim in the advertisement, or alternately to substantiate the claim 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, “AIHA is an organization formed by practitioners, doctors, and healthcare professionals. They conducted this study through Sigma Test & Research, a third-party laboratory accredited by esteemed Indian certification bodies such as NABL and FSSAI. Based on the findings of the Sigma Test & Research report, AIHA has provided us with their recommendation certificate. The Technical Expert Panel of AIHA, as customary, comprises healthcare and medical professionals, which is consistent with the nature of Sleep Company's product application….. This Technical Committee operates as an internal mechanism of AIHA”. As claim support data, the advertiser provided the following documents – (1) Copy of study report conducted by Sigma Test & Research Centre, (2) Document on All India Health Association (AIHA), (3) Patent certificate and Certification from AIHA, (4) Trade Mark Certificate. The advertiser then had a telecon with the ASCI Secretariat to discuss their submissions. The Consumer Complaints Council (CCC) viewed the print advertisement, considered the complaint, and the advertiser’s response along with the claim support data. The CCC observed that the Patent certificate submitted by the advertiser certified that a patent has been granted to the advertiser for an invention entitled `A Gel Based On Thermoplastic Elastomers And Method Of Making Thereof’. The Trade Mark certificate certified that the Trade Mark has been registered for their term `SmartGrid’. The CCC observed that the study by Sigma Test & Research Centre was conducted for All India Health Association (AIHA). Based on the findings of this test and research report, the AIHA has provided the advertiser with their recommendation certificate. This certificate of AIHA stated that, “This is based upon the research and scientific study documents submitted to the technical expert panel of All India Health Association (AIHA)”. The CCC discussed that this study was done to compare the performance of the advertiser’s mattress with two other mattresses (foam and cotton) across several parameters, including sleep comfort, elasticity, body and back pain relief, edge support, and pressure distribution. Additionally, the study assessed the mattresses' microbiological properties by testing their antimicrobial activity against bacteria. However, there was no detailed explanation provided of how the study was conducted and what method/procedures were followed to compare the mattresses. The CCC further discussed that the advertiser has provided a certificate of recommendation which has been awarded to the advertiser’s product - `SmartGrid Orthopaedic Mattress Range’. However the claim made, "Approved by doctors @ All India Health Association", suggests that the product has received endorsement or approval from the doctors affiliated with the AIHA. The advertiser has not provided supporting data such as written / signed endorsements or approvals from licenced doctors who are part of the AIHA, written certification from AIHA indicating that they have reviewed and endorsed the product, relevant certifications, letters from doctors indicating the product's therapeutic benefits. The CCC took note of the advertiser’s response that “The Technical Expert Panel of AIHA, as customary, comprises healthcare and medical professionals, which is consistent with the nature of Sleep Company's product application”. The CCC further noted that the advertiser has provided a list comprising of five technical committee members of AIHA. However, upon review, it is seen that only three of these members were qualified as doctors, while the remaining two were non-medical professionals - one being the technical committee head, and the other a laboratory technologist & researcher. The CCC discussed that the consumers might perceive the organization - AIHA as an authoritative, industry backed body for doctors given its professional appearance. Based on these observations, the CCC concluded that the claim, “Approved by doctors @ All India Health Association”, was inadequately substantiated with proper documentation or regulatory approval that the product is genuinely approved by doctors. 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.