Claims to boost food supplement sales such as Complan improves memory or Boost provides three times more stamina or Horlicks helps your children grow taller will have to come with sound scientific proof before going public or else they would have to pay penalty of upto Rs. 10 lakh.
The government’s Food Safety and Standards Authority of India has asked the advertisers' self-regulating body, the Advertisement Standard Council of India (ASCI), to ask its members to refrain from making tall claims on television without “adequate scientific justification”.
Getting scientific justification would not be easy as per authority's prescription.
The companies would be required to test the product at the authority’s listed laboratories across India for the claim and get it peer reviewed by known scientific names in the field of food and nutrition. Only after that they can air the advertisement making the claim.
The authority in an advisory has also asked the supplement manufacturers to ensure that the product label provides right information to consumers about the scientific validity of the claim.
“All food business operators are advised to strictly follow provisions contained in Food Safety and Standards Act, 2006 eschewing misleading claims which are not established by scientific evidence as proof beyond reasonable doubts,” the advisory issued on basis of number of complaints said.
The advisory covers all food and health supplements, nutraceutical (combination of nutrition and pharmaceutical) and risk reduction claims and has asked companies to be clean on this count.
Consumer Affairs secretary Pankaj Aggarwala said the consumers using these supplement can also approach Consumer Courts if they find that the product has failed to provide desired benefit. “There is a provision for claims and fact in the Consumer Protection Act,” he said, adding that the court can direct the manufacturer to correct the misleading advertisements.
Consumer right groups in India have made representations to the ministry and the authority stating that commercials exploit anxiety of parents for their children to do well in examinations and lead healthy life.
Food supplement companies, however, say that their claims have been scientifically validated but they failed to prove the same before the authority, which has initiated prosecution against 19 popular brands for making misleading claims in advertisements. The food safety law provides for penalty of up to Rs. 10 lakh for each misleading claim in any form.
The government’s Food Safety and Standards Authority of India has asked the advertisers' self-regulating body, the Advertisement Standard Council of India (ASCI), to ask its members to refrain from making tall claims on television without “adequate scientific justification”.
Getting scientific justification would not be easy as per authority's prescription.
The companies would be required to test the product at the authority’s listed laboratories across India for the claim and get it peer reviewed by known scientific names in the field of food and nutrition. Only after that they can air the advertisement making the claim.
The authority in an advisory has also asked the supplement manufacturers to ensure that the product label provides right information to consumers about the scientific validity of the claim.
“All food business operators are advised to strictly follow provisions contained in Food Safety and Standards Act, 2006 eschewing misleading claims which are not established by scientific evidence as proof beyond reasonable doubts,” the advisory issued on basis of number of complaints said.
The advisory covers all food and health supplements, nutraceutical (combination of nutrition and pharmaceutical) and risk reduction claims and has asked companies to be clean on this count.
Consumer Affairs secretary Pankaj Aggarwala said the consumers using these supplement can also approach Consumer Courts if they find that the product has failed to provide desired benefit. “There is a provision for claims and fact in the Consumer Protection Act,” he said, adding that the court can direct the manufacturer to correct the misleading advertisements.
Consumer right groups in India have made representations to the ministry and the authority stating that commercials exploit anxiety of parents for their children to do well in examinations and lead healthy life.
Food supplement companies, however, say that their claims have been scientifically validated but they failed to prove the same before the authority, which has initiated prosecution against 19 popular brands for making misleading claims in advertisements. The food safety law provides for penalty of up to Rs. 10 lakh for each misleading claim in any form.
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