ASA Adjudication on Roopamrit

Roopamrit

Bangla TV (Worldwide) Ltd
Warton House
3rd Floor, 150 High Street
Stratford
London
E15 2NE

Date:

18 July 2007

Media:

Television

Sector:

Health and beauty

Number of complaints:

3

Complaint Ref:

14907

Ad

A 15-minute, direct response TV ad in Bengali for Roopamrit, a product used on the face, opened with the actress Bhagyashree. She said “Today I’ve brought a priceless gift for all of you. Roopamrit … the kind of gel that helps us give our face a balanced nutrition, natural freshness, spotless beauty and most important an extremely good looking complexion.”

She went on to state that the product contained herbs and roots “that shall prove to be like nectar in making your complexion glowing. Jaiphal and Sarso detoxify your skin and almost get rid of your acne and pimples. Almonds and walnuts help in clearing the dead cells of your skin and rejuvenate it, hence helps in reducing wrinkles. Mulethi and Aloe Vera help in reducing dark circles under your eyes … If you want to get rid of acne and pimples, dark circles under your eyes, reduce the wrinkles to look young and your age, if you want your complexion to glow then start using Roopamrit.”

The ad related a traditional Indian story of a king whose daughter had used the ingredients of the product as a beauty treatment. Voice-over stated that the product was “a safe and easy way to fair skin, the nectar of beauty.” The ad then went on to describe the factors that decided the lightness of a person’s skin, saying that by decreasing the production of melanin “we can successfully turn a dull complexion into a glowing one … we can become fair safe and naturally.”

The ad then showed testimonials from customers who described the ways in which they believed they had become more attractive since using the product. Side-by-side, “Before” and “After” pictures showed customers with noticeably lighter skin after using the product. A man stated “The herbs and roots present in Roopamrit provide important minerals and vitamins to your skin due to which acne and pimples, ugly patches, dark circles, wrinkles and dark complexion just vanish … Roopamrit gives us a young, tender and a glowing skin, fair colour and beautiful face.”

A male doctor described the role of melanin in a person’s complexion. A female doctor then gave a number of points of advice for people wanting to improve their complexion. These included a balanced diet and drinking five to ten glasses of water per day. She concluded by saying “There is a famous saying: The times of the fair coloured shall never ever grow old. Lady then who are you scared of, for you are the fairest of all.”

The ad ended with Bhagyashree, who stated “If you want to be attractive naturally then this is my suggestion and my experience: start using Roopamrit and it will help rejuvenate your skin and make you attractive … so do not delay, for fairness and beauty, order it right now.” An 0800 telephone number appeared throughout the ad for ordering.

Issue

1. Three viewers believed the ad was offensive because it implied that dark skin was inferior to light skin.

The ASA challenged whether the product could:

2. detoxify skin and be effective against acne and pimples;

3. get rid of dark circles under eyes;

4. rejuvenate skin and eliminate wrinkles and

5. whether the appearance of the two doctors implied professional advice or recommendation of the product.

BCAP TV Code

Response

1. Bangla TV did not respond to this point.

2., 3. & 4. Bangla TV sent a report which they believed substantiated the claims. The report was based on a study by dermatologists of 26 volunteers in Mumbai, India in October and November 2006. The initial skin colour, skin firmness and dark circles under the eyes of the volunteers was assessed at the beginning of the study. Additional assessments comprising self-evaluation by the volunteers and dermatological assessments were made after 15 and then 30 days. The authors of the report interpreted the results as showing skin appeared significantly lighter and brighter after 15 and 30 days' use; that it appeared less red, firmer and that dark circles under the eyes were reduced.

5. Bangla TV did not respond to this point.

Assessment

1. Upheld

The ASA noted that Bangla TV had not responded to this point. We considered the ad equated light skin with good looks in statements such as "a safe and easy way to fair skin, the nectar of beauty"; " ... wrinkles and dark complexion just vanish ... Roopamrit gives us a young, tender and a glowing skin, fair colour and beautiful face"; by describing skin-lightening as an improvement to complexion; and by describing a skin-lightening treatment as a beauty treatment. We considered those statements all implied dark skin was inferior and were likely to cause serious or widespread offence.

On this point and ad breached CAP (Broadcast) TV Advertising Standards Code rule 6.1 (Offence).

2., 3. & 4. Upheld

We considered the claims implied more than simply a cosmetic effect and that, consequently, conclusive evidence was required to back them up. We noted the study had not assessed whether Roopamrit detoxified skin or was effective against acne and pimples. It used self-evaluation by the volunteers and assessment by dermatologists of Roopamrit's effect on dark circles under the eyes, skin firmness and laxity of cheeks. We noted, however, that the study was lacking in a number of elements that we would normally expect to see in robust, conclusive data, such as the use of a control group and an assessment of whether the volunteers were a representative cross-section of the population at whom the product was targeted in the UK. The study also did not comment on the safety of the product. We therefore concluded there was not sufficient evidence to support the claims.

On points 2., 3. & 4. the ad breached CAP (Broadcast) TV Advertising Standards Code rules 5.1 (Misleading advertising), 5.2.1 (Evidence) and 8.1.1 (Assessment of claims).

5. Upheld

We noted that Bangla TV had not responded to this point. We considered the presentations of the two doctors were likely to be perceived as professional advice or recommendation to use the product.

On this point the ad breached CAP (Broadcast) TV Advertising Standards Code rule 8.1.2(a) (Impressions of professional advice and support - presentations).

Action

The ad must not be shown again in its current form. We reminded Bangla TV of their responsibility to respond to all points raised with them by the ASA on matters relating to the CAP (Broadcast) TV Advertising Standards Code.

Adjudication of the ASA Council (Broadcast)

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