BACKGROUND:

CCP took suo motto notice of the advertisements of one of the products of P&G i.e. ‘Classic Clean Head & Shoulder Shampoo’ (‘Product’), wherein, it was advertised that, the Product is ‘World’s No. 1 anti-dandruff shampoo’ suggesting that its use renders the hair ‘100?ndruff free’ (hereinafter referred to as the Advertisements). CCP asked P&G to provide the evidence to substantiate the claims made in the advertisement; however, P&G was unable to provide any evidence to substantiate its claims therefore, a show cause notice was issued and hearings were conducted.

The Commission responded to various constitutional, procedural and legal objections which it dispelled.

On the issue of “World’s No. 1 anti-dandruff shampoo”, the undertaking claimed that it was based on reports by Nielson. The Commission found this to be substantiated by the said reports.

On the issue of “100?ndruff free”, the Commission found the claim to be misleading.

ORDER:

The matter was disposed of vide Order dated 23-02-2010. CCP in its Order directed P&G “to comply with the following, within a period of two (2) weeks from date of issuance of this Order; a) stop advertising the subject advertisement (which has been modified by P&G) in its current form in all segments of media and in future P&G shall not use the phrase ‘100?ndruff free’ in their advertisement of the Product, unless it is properly substantiated by a cogent evidence providing it a reasonable basis for such claim; and/or, b) modify its claim of ‘100?ndruff free’ to include significant conditions that it ‘removes 100% of visible dandruff flakes’ and ‘the claim is based on the visibility of flakes at two feet distance when used regularly’, in line with what has been approved by ClearCast for broadcast on TV in UK. c) file compliance report with the Commission forthwith after implementing the aforementioned directions.”

In the event P&G fails to comply with the above directions within the specified time period and continues with the contravention of Section 10 of the Ordinance, it shall be liable under Section 38 of the Ordinance to pay a penalty amounting to Rs. 25,000,000/- (Rupees Twenty Five Million) million and an additional penalty of Rs. 2,50,000/- (Rupees Two Hundred and Fifty Thousand Only) per day from the date of passing of the Order.

CURRENT STATUS:

P&G has complied with the terms of the Order