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Misleading advertisements: CCPA slaps Rs 3 lakh fine on VLCC; consumers cautioned on instant weight-loss claims

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NEW DELHI: The Central Consumer Protection Authority ( CCPA ) has imposed a penalty of Rs 3 lakh on VLCC Limited for publishing misleading advertisements related to slimming treatments using the US-FDA approved CoolSculpting procedure.

In a statement issued on Saturday, the Department of Consumer Affairs said the action was taken after it was found that VLCC’s advertisements made exaggerated claims of drastic weight loss and slimming treatments.

In a press release issued by CCPA, it was stated that VLCC had promoted CoolSculpting and similar procedures as a permanent weight-loss solution. Some of its advertisements carried claims such as “Lose up to 600g and 7 cm in 1 session,” “Drop 1 Size in 1 session permanently” and “Drop one size in one hour.”

"On examination, it was found that VLCC was making exaggerated claims of drastic weight loss and inch reduction within a single session, which went far beyond the actual approval granted to the CoolSculpting machine, thereby misleading consumers," the statement read.

The regulator clarified that CoolSculpting is approved only for localized fat reduction in specific body areas such as the upper arm, thigh, abdomen, flank, back fat, banana roll and submental area. The procedure, developed by Zeltiq Aesthetics, is meant only for individuals with a Body Mass Index (BMI) of 30 or less. Therefore, it is not a weight-loss treatment.

The CCPA also noted that clinical trials submitted to the US-FDA included only Caucasian, Hispanic and African American participants, with no Indian or Asian representation. Further, the US-FDA has not given any endorsement for the use of CoolSculpting in India.

"By omitting these critical details, VLCC misled consumers in violation of the Consumer Protection Act, 2019," CCPA observed while imposing penalty.

Along with the monetary penalty, CCPA has directed VLCC to follow strict guidelines in future advertisements. These include prominently disclosing the body areas where the procedure works, clarifying that it is not a weight-loss treatment, informing consumers about its limited testing and removing contract clauses that seek to escape legal liability.

The regulator also warned all beauty clinics, wellness centres, and service providers using CoolSculpting machines in India to comply with these directions or face strict action, including penalties and legal proceedings.

Earlier, CCPA had imposed a similar fine of Rs 3 lakh on Kaya Limited for misleading advertisements on CoolSculpting treatments. The company has since complied with the order.

The authority said the latest order underscores its commitment to protecting consumers from exaggerated and false claims in the health, wellness and beauty industry. Consumers were also advised to exercise caution and not fall for advertisements promising instant or permanent weight loss through CoolSculpting.
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