The Central Consumer Protection Authority (CCPA) has passed an order against misleading advertisements of Sensodyne products which make claims “recommended by dentists worldwide” and “world’s No.1 sensitivity toothpaste”, according to an official statement. Earlier on February 9, the Authority had also directed GlaxoSmithKline (GSK) Consumer Healthcare to discontinue advertisement of Sensodyne products, which show endorsement by foreign dentists. The CCPA had also directed GSK to pay a penalty of Rs 10 lakh, the consumer affairs ministry said in a statement on Tuesday.
The authority initiated suo-moto action against the advertisements, running on various social media platforms and television, that showed dentists practising outside India (in the UK) endorsing the use of Sensodyne products — namely Sensodyne Rapid Relief and Sensodyne Fresh Gel — for protection against teeth sensitivity. Advertisements that show endorsements by foreign dentists have been ordered to be discontinued as per an earlier order passed by the CCPA, the ministry said in the statement.
Is Sensodyne “recommended by dentists worldwide”?
The advertisements made claims that Sensodyne is “recommended by dentists worldwide”, “world’s No. 1 sensitivity toothpaste” and “clinically proven relief, works in 60 seconds”, according to the statement.
The CCPA, after examining the response submitted by the company in relation to the ads, observed that the two market surveys submitted by the company in support of its two claims – ‘recommended by dentists worldwide’ and ‘world’s No.1 sensitivity toothpaste’ – were conducted only with dentists in India. “No cogent study or material were submitted by the company to substantiate the claims made in the advertisements or indicate any worldwide prominence of Sensodyne products. Thus, the claims were observed to be bereft of any reason or justification,” the CCPA observed.
With regard to the claim ‘clinically proven relief, works in 60 seconds’, the CCPA had written to the Drugs Controller General of India, Central Drugs Standard Control Organization (CDSCO), to furnish its comments on the correctness of the claims made by the company, according to the statement.
The drug regulator CDSCO has directed The assistant drug controller, licensing authority, Silvassa to investigate the claims made by the company since the product in question is manufactured under the cosmetic licence granted by state licensing authority, Silvassa.
The assisting drug controller has written to CCPA stating that the claims made by the company are under investigation and further action will be initiated after the hearing process, the statement said.
Strict Action Against Misleading Advertisements
In the wake of consumer sensitivity around the Covid-19 pandemic, CCPA took stringent action against misleading advertisements whereby 13 companies withdrew their advertisements and 3 companies made corrective advertisements.
To safeguard consumer interest against misleading advertisements and unfair trade practices, the CCPA has also issued two advisories. The first advisory was issued on January 20, 2021, calling industry stakeholders to cease making misleading claims that take advantage of the Covid-19 pandemic situation and are not supported by any competent and reliable scientific evidence. The second advisory was issued on October 1, 2021, highlighting compliance with the provisions of the Consumer Protection (e-commerce) Rules, 2020, that require every marketplace e-commerce entity to prominently display all information provided to it by seller under Rule 6(5) including name, designation and contact information of the grievance officer of the seller.
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