CCPA levies Rs 3 lakh fine on VLCC for misleading ads

The Central Consumer Protection Authority (CCPA) has imposed a penalty of Rs 3 lakh on VLCC Limited for publishing misleading advertisements regarding fat-loss and slimming treatments through the use of the US-FDA approved CoolSculpting procedure/machine.

The Central Consumer Protection Authority (CCPA) has imposed a penalty of Rs 3 lakh on VLCC Limited for publishing misleading advertisements regarding fat-loss and slimming treatments through the use of the US-FDA approved CoolSculpting procedure/machine.

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.

Some of the alleged claims included:

• “Lose up to 600g and 7 cm in 1 session”
• “Drop 1 Size in 1 session permanently”
• “Drop one size in one hour”
• “VLCC brings you a ground-breaking fat reduction treatment”
• “With Lipolaser Lose 6cm and 400g in one session”

With respect to the US-FDA approved CoolSculpting machine CCPA observed that:

• The CoolSculpting machine, manufactured by Zeltiq Aesthetics, is approved by the US-FDA only for the reduction of localized fat bulges in areas such as the upper arm, bra fat, back fat, banana roll, submental area, thigh, abdomen, and flank.
• It is not a weight-loss treatment.
• Clinical trials submitted to the US-FDA included only 57 participants of Caucasian, Hispanic, and African American ethnicity, with no Indian or Asian representation.
• The US-FDA has not given any specific endorsement for the use of CoolSculpting in India.

By omitting these critical facts, VLCC misled consumers in violation of the Consumer Protection Act, 2019.

VLCC has been directed to strictly follow these conditions in all future advertisements:

• The specific body areas targeted for fat reduction.
• That the procedure works only for individuals with BMI of 30 or less.
• All inclusions and exclusions as per US-FDA approval.
• The demographics where the machine has been tested.

It has to also mention: 

• Clearly mention: “The CoolSculpting Procedure is used for treatment of the focal fat deposits and not weight loss” — in both advertisements and consent forms, in a clear and easily readable manner.
• Restrict claims strictly to what has been approved by the US-FDA.
• Inform consumers about the absence of testing on the Indian demographic and the lack of US-FDA endorsement for India before they avail of the service.
• Discontinue unfair and prejudicial contract clauses that attempt to escape legal liability and accountability for the claims made.

CCPA further cautions all beauty clinics, wellness centers, and service providers using CoolSculpting machines in India that these directions must be followed with strict adherence.