Section | 10 |
Violation: | Deceptive marketing Practices |
Sector: | Healthcare & Beauty Products |
Penalty: | No Penalty |
Members: | Mr. Mueen Batlay Member Dr. Shehzad Ansar Member |
Complaint filed by M/s Wyeth Pakistan Limited against M/s Reckitt Benckiser Pakistan Ltd, for alleged violation of Section 10. Alleged that the claim made in the marketing campaign of Veet is false and misleading; as it attempts to deceive the consumers into thinking that Veet as a depilatory cream is the preferred choice of 90% of women. It was further stated in the complaint that the aforesaid claim lacks a reasonable basis, related to character, suitability for use, or quality of goods and is capable of harming the business interest of the Complainant.
Respondent agreed at enquiry stage to edit the advertisement. Hearing for Interim Orders held upon application under Section 32 by Complainant. Parties agreed to negotiate, application under Regulation 30 of the General Enforcement Regulations made on 25.02.2013. Impugned TV commercial discontinued. Respondent also committed to adding visual and verbal qualifiers to new advertisements. Advertisements to also contain a disclaimer stating ‘based on market research conducted amongst women using Veet’. Complainant satisfied with commitments, withdrew complaint.
The Commission deemed it appropriate to address issues, regardless of settlement between parties. Found that omission of mentioning clear and legible disclaimer i.e. ‘After using Veet’ coupled with “based on the survey conducted by Oasis Insight on the Veet Users”, is omission of material information from the advertisement and the impression conveyed through the advertisement in the absence of such disclaimer is deceptive in terms of Section 10 of the Act.
The Commission further found that commitments made relate only to TV commercials, print media advertisements not addressed. The Commission therefore directed the Respondent that future advertisements must have a reasonable basis, and any disclaimers required must be included in all the marketing material in a clearly legible manner which is visible to the ordinary consumer.
Further directed the Respondent to file a compliance report regarding the withdrawal of all the marketing materials of the Veet marketing campaign, called into question under these proceedings, from the public domain in terms of the commitments made before the Commission within two weeks from the date of the Order. The undertaking filed the compliance report.
Order complied.
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