Its decision to impose a fine of ₹3 lakh on VLCC Ltd for misleading consumers with false advertising is meant to send a larger message to other beauty clinics, wellness centers, and service providers in the country who claim to help people with drastic weight-loss using CoolSculpting machines, said the Central Consumer Protection Authority (CCPA).
The Department of Consumer Affairs said in a statement on Saturday that the penalty has been imposed on VLCC “for publishing misleading advertisements regarding fat-loss and slimming treatments through the use of the US-FDA approved CoolSculpting procedure/machine.”
The department said the VLCC matter was examined after a complaint was filed, leading to the monitoring of ads in the beauty industry.
“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,” the statement said.
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Not only had VLCC’s advertisements projected CoolSculpting and related procedures as a permanent weight-loss and size-reduction solution, they also failed to mention that the procedures were “only approved for localised fat reduction in specific body areas and only for individuals with a Body Mass Index (BMI) of 30 or less”, the statement added.
Sharing details on the wellness centre’s misleading ads, CCPA said some of the alleged claims included promises to help clients “lose up to 600 g and 7 cm in 1 session”; or “drop 1 size in 1 session permanently”; “drop one size in one hour”; and claims such as "VLCC brings you a ground-breaking fat reduction treatment".
CCPA said such ads are misleading and give consumers the false impression that CoolSculpting guarantees permanent and significant weight loss, when, in reality, it is not a weight-loss treatment at all.
The US-FDA-approved CoolSculpting machine, CCPA observed, is manufactured by Zeltiq Aesthetics and approved only for the reduction of localised fat bulges in areas such as the upper arm, bra fat, back fat, banana roll, submental area, thigh, abdomen, and flank.
“By omitting these critical facts, VLCC misled consumers in violation of the Consumer Protection Act, 2019,” CCPA said, while imposing the penalty.
Directing the company to disclose prominently in all its future advertisements the specific body areas targeted for fat reduction, the consumer affairs body also said the ads and disclaimers should mention that the procedure works only for individuals with BMI of 30 or less and that it has not been tested on the Indian demographic.
"Clearly 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," the authority directed, and added that it should restrict claims strictly to what has been approved by the US-FDA.
"Inform consumers about the absence of testing on the Indian demographic and the lack of US-FDA endorsement for India before they avail of the service," it further said.
The authority also asked the company to discontinue unfair and prejudicial contract clauses that attempt to escape legal liability and accountability for the claims made.
A failure in adhering to these guidelines will invite stringent action under the Consumer Protection Act, 2019, including penalties, discontinuation of misleading advertisements, and legal proceedings, CCPA warned.
Earlier, the body had imposed ₹3 lakh fine on Kaya Limited for publishing misleading advertisements on CoolSculpting treatments, which the company paid.
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