In an announcement on Saturday, the Division of Shopper Affairs mentioned the penalty has been imposed on VLCC “for publishing deceptive commercials concerning fat-loss and slimming therapies by the usage of the US-FDA accredited CoolSculpting process/machine.”
The division mentioned the VLCC matter got here into discover by a grievance and monitoring of advertisements within the magnificence sector.
“On examination, it was discovered that VLCC was making exaggerated claims of drastic weight reduction and inch discount inside a single session, which went far past the precise approval granted to the CoolSculpting machine, thereby deceptive customers,” the assertion mentioned.
Throughout the investigation, CCPA discovered that VLCC's commercials projected CoolSculpting and associated procedures as a everlasting weight-loss and size-reduction answer.
CCPA imposed a penalty of Rs 3 lakh on VLCC and in addition issued sure advisories. The authority directed the corporate to strictly adhere to those advisories in future advertisements and disclaimers. Sharing particulars on VLCC's deceptive advertisements, CCPA mentioned that a few of the alleged claims are — “Lose as much as 600g and seven cm in 1 session”; “Drop 1 Dimension in 1 session completely”; “Drop one dimension in a single hour”; and “VLCC brings you a ground-breaking fats discount therapy”. CCPA mentioned such advertisements are deceptive and provides customers the misunderstanding that CoolSculpting ensures everlasting and vital weight reduction. “In actuality, the process is simply accredited for localized fats discount in particular physique areas and just for people with a Physique Mass Index (BMI) of 30 or much less,” the assertion mentioned.
With respect to the US-FDA-approved CoolSculpting machine, CCPA noticed that the machine, manufactured by Zeltiq Aesthetics, is accredited just for the discount of localized fats bulges in areas such because the higher arm, bra fats, again fats, banana roll, submental space, thigh, stomach, and flank.
Therefore, it's not a weight-loss therapy.
“By omitting these vital information, VLCC misled customers in violation of the Shopper Safety Act, 2019,” CCPA mentioned, whereas imposing the penalty.
Going ahead, CCPA mentioned, in future commercials, VLCC ought to disclose prominently the particular physique areas focused for fats discount.
The advertisements and disclaimers ought to point out that the process works just for people with BMI of 30 or much less.
“Clearly point out, ‘The CoolSculpting Process is used for therapy of the focal fats deposits and never weight reduction' in each commercials and consent types, in a transparent and simply readable method,” the authority directed.
VLCC has been advised to limit claims strictly to what has been accredited by the US-FDA.
“Inform customers concerning the absence of testing on the Indian demographic and the dearth of US-FDA endorsement for India earlier than they avail of the service,” CCPA advised VLCC.
The authority additionally requested the corporate to discontinue unfair and prejudicial contract clauses that try to flee authorized legal responsibility and accountability for the claims made.
CCPA additional cautioned all magnificence clinics, wellness facilities, and repair suppliers utilizing CoolSculpting machines in India that these instructions have to be adopted with strict adherence.
Any violation will invite stringent motion underneath the Shopper Safety Act, 2019, together with penalties, discontinuation of deceptive commercials,and authorized proceedings.
Earlier, CCPA had imposed Rs 3 lakh high quality on Kaya Restricted for publishing deceptive commercials on CoolSculpting therapies.
Kaya Ltd complied with the order and paid the penalty quantity.
