Lotus Herbals Private Limited - Lotus Botanicals Red Onion Hair-Fall Control Shampoo

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, “In accordance with the directions and issues raised by your esteemed organization regarding the advertisement of our product, we have duly followed your instructions and modified the advertisement for Lotus Botanicals Gentle Foaming Face Wash on our website. …..we have attached a report of a scientific research study related to Hair Related Problems”. 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 informed the advertiser that the proposed modification was not acceptable as the modified claims would still require claim support data. However, the advertiser did not respond within the given timelines. The CCC viewed the Website advertisement (https://www.lotusbotanicals.com/products/red-onion-hair-fall-control-shampoo) considered the complaint and the advertiser’s response. 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 which contains links referring to published research that demonstrates the advantages of the ingredients beneficial for hair. The CCC further discussed that the claims made are related to the product but the advertiser has submitted ingredient based studies as reference material in support of the claims. The advertiser did not provide any product efficacy data nor any clinical study conducted on the product as a whole that demonstrated that the product reduces hair fall, restores scalp nutrients, and prevents hair fall as claimed. Based on these observations, the CCC concluded that the claims, “Reduces hair fall”, “Restores scalp nutrients”, and “Prevent Hair Fall with Red Onion Hair-Fall Control Shampoo”, were inadequately 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 said claims 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 noted the advertiser’s assurance that the claim of “Restores scalp nutrients”, has been withdrawn from the advertisement.