ASA Adjudication on DM Digital Television Ltd

Ad

A 15-minute, direct response TV infomercial in Hindi for Roopamrit, a face cream, aired on DM Digital TV. Bhagyashree, an actress, stated that the product contained “Jaykar and mustard, which detoxify the skin; walnuts and almonds, which remove dead cells, rejuvenate the skin and reduce wrinkles; glycyrrhiza glabra and vriddhikumari, which reduce dark circles; saffron and sandalwood, which make the skin glow and give it radiance.” She maintained that Roopamrit had no side effects. Various people spoke about their skin problems: “My face has so many dark circles and pigmentation; they seem to have become permanent!” “My facial skin is getting loose every day. It doesn’t have the kind of firmness that it had before.” “After delivery I started developing these dark spots on my face. They don’t seem to go.” “Because of dark circles and wrinkles, my face has lost its glow.” A clinical analyst said “These are skin-related problems which we encounter every day of our lives. We have undertaken research with people ranging from 18 to 50 years of age with normal, mixed and dry skins to know how Roopamrit helps eradicate these problems. Along with instrumental and dermatological, we have also done self-evaluation tests to know about Roopamrit’s qualities and results. All these tests and results are certified by international clinical research.” The clinical analyst outlined these results from using Roopamrit twice a day: “88% of the people’s skin became lighter … 94% of women’s and 85% of men’s skin colours lightened … the skin colour lightened in 15 days itself … 92% people felt that, after regular application of Roopamrit, within 15 days their skin colour had lightened.” Before-and-after images showed how skin had become lightened as a result of using the product. “72% of people’s skins had become firmer and finally, after 30 days of regular application, 92% of persons undertook self-evaluation and discovered their skin to be much firmer than before.” “88% people, after regular application of Roopamrit, discovered in self-evaluation that their dark circles had reduced considerably.” “With regular application of Roopamrit, skin has become … firmer, which means wrinkles have reduced, dark circles have reduced and overall hyper pigmentation has also reduced.” “92% of people have accepted that Roopamrit’s benefits are long-lasting.” The voice-over stated several times “Remember, Roopamrit is certified by international clinical research.”

Issue

Monitoring staff challenged whether the product:

1. lightened dark skin and pregnancy pigmentation;

2. detoxified skin;

3. reduced dark circles under the eyes;

4. rejuvenated skin and reduced wrinkles;

5. had no side effects.

Monitoring staff also challenged whether:

6. referring to the tests gave a misleading impression of the products efficacy;

7. the benefits from using the product were long-lasting;

8. the acceptability of airing the infomercial after the ASA had upheld a challenge about an infomercial that contained similar claims for the same product.

BCAP TV Code

Response

DM Digital TV Network withdrew the infomercial as soon as it was brought to their attention. They explained that WWS Sky Shop Pvt Ltd had assured them that the infomercial had not been broadcast before. They now realised that the infomercial had been modified since the last adjudication but acknowledged that the evidence was inadequate to substantiate the claims. They, nevertheless, believed that the infomercial was not misleading because it did not make any extraordinary claims and because the ingredients provided nutrition to the skin and would have a positive effect.

Assessment

The ASA welcomed DM Digital TVs assurance that the infomercial had been withdrawn.  We reminded DM Digital TV that the responsibility for advertising content lay with the broadcaster and it was not acceptable to rely on an advertisers word that the infomercial had not been aired before.

1., 2., 3., 4., 5. & 7. Upheld

We noted that the only evidence DM Digital TV submitted was the same study the ASA had evaluated in July 2007.  Then we had considered that the evidence was inadequate.  We considered that the claims were misleading.

The infomercial breached CAP (Broadcast) TV Advertising Standards Code rules 5.1 (Misleading advertising), 5.2.1 (Evidence), 5.2.2 (Implications) and 5.4.4 (Testimonials).

6. Upheld

We considered the repeated references to clinical tests gave a misleading impression of the body of evidence for Roopamrit.

The infomercial breached CAP (Broadcast) TV Advertising Standards Code rules 5.1 (Misleading advertising), 5.2.1 (Evidence).

8. Upheld

We were concerned that DM Digital TV had not abided by two earlier ASA adjudications for Roopamrit.  We reminded DM Digital TV that failure to comply with an adjudication was a serious breach of broadcast licence conditions.

Action

The infomercial must not be shown again in its present form and the product should not be advertised without adequate substantiation for the claims made for it.  

Adjudication of the ASA Council (Broadcast)