VLCC Fined By Consumer Watchdog For Misleading ‘Fat-Loss’ Ads

The Central Consumer Protection Authority has imposed a penalty of Rs 3 lakh on wellness beauty services firm, VLCC Ltd., for publishing "misleading advertisements" on fat-loss and slimming treatments using CoolSculpting machine.

The consumer watchdog, headed by Chief Commissioner Nidhi Khare, on Saturday also directed VLCC to 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, as well as restrict claims regarding CoolSculpting strictly to what has been approved by the US-FDA. CCPA notes that the US-FDA hasn't given any specific endorsement for the use of CoolSculpting in India.

The matter of VLCC came to the notice of CCPA after a complaint and through monitoring of advertisements in the slimming and beauty sector. "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," CCPA noted. Some of the alleged claims include: "Lose up to 600g and 7 cm in 1 session”; “Drop 1 Size in 1 session permanently"; and "Drop one size in one hour”.

Such advertisements gave consumers the false impression that CoolSculpting guarantees permanent and significant weight loss. In reality, the procedure is only approved for localised fat reduction in specific body areas and only for individuals with a Body Mass Index of 30 or less.

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. Clinical trials submitted to the US-FDA included only 57 participants of Caucasian, Hispanic, and African American ethnicity, with no Indian or Asian representation.

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

Earlier, CCPA also levied a penalty of Rs 3 lakh on Kaya Ltd. for publishing misleading ads on CoolSculpting treatments. Their claims, too, went beyond the actual US-FDA approval and misrepresented the procedure as a weight-loss treatment, according to CCPA.

CCPA further cautioned all beauty clinics, wellness centers, and service providers using CoolSculpting machines in India any violation will invite stringent action under the Consumer Protection Act, 2019, including penalties, discontinuation of misleading advertisements, and legal proceedings.