Sensodyne Is Asked To Discontinue Ads In India 2022

Sensodyne Is Asked To Discontinue Ads In India

Consumer protection regulator CCPA has passed an order directing GlaxoSmithKline (GSK) Consumer Healthcare Ltd to cease advertising Sensodyne products in India for violating consumer protection regulations.

As well as passing a penalty of Rs 10 lakh on Naaptol Online Shopping Ltd, the Central Consumer Protection Authority (CCPA) has also passed an order demanding that it pay millions of rupees in penalties for misleading advertisements and unfair trade practices.

Consumer affairs ministry in a statement has said the CCPA has taken moto cognisance of the matter at hand and has passed orders against GlaxoSmithKline (GSK) Consumer Healthcare on January 27, and on February 2, this year, a lawsuit was filed against Naaptol.

Following CCPA’s order, GlaxoSmithKline (GSK) Consumer Healthcare is to discontinue all advertisements for Sensodyne in the country within seven days of the order, as those advertisements feature dentists practising outside the country endorsing the products.

In light of the regulatory requirement that dentists in India do not publicly promote any product or drug, the CCPA supported GSK Consumer Healthcare’s position that “foreign dentists cannot be allowed to exploit consumer concerns about tooth sensitivity by showing foreign dentists.”

 

Accordingly, advertisements for Sensodyne products in India that included endorsements from dentists who practice outside the country were misleading in violation of Section 2 (28) of the Consumer Protection Act of 2019, the order read.

Additionally, CCPA has instructed Director General (Investigation) to submit a report within 15 days of investigating the claims “recommended by dentists worldwide”, “world’s no. 1 sensitivity toothpaste” and “clinically proven relief, works in just 60 seconds”, as well as the documents submitted by the company supporting these claims.

This is to confirm that we have received your order from the CCPA. Although we are still investigating the matter in detail, we would like to clarify that our marketing initiatives comply with the applicable laws and industry guidelines. The company is an ethical and responsible provider of healthcare, and we are committed to the welfare of our customers,” said a spokesperson for GSK Consumer Healthcare.

As part of an ongoing suo moto case, the CCPA passed an order asking Naaptol Online Shopping Ltd to cease misleading advertisements for products like “Set of 2 Gold Jewelry”, “Magnetic Knee Support” and “Acupressure Yoga Slippers”.

As well as Naaptol, the CCPA has imposed a penalty of Rs 10 lakh on it, saying its misleading advertisements have impacted numerous consumers considering the company runs a 24-hour channel that airs in various languages across the country.

To comply with the order, Naaptol has been directed to clearly state in episodes showing products for sale that the product is being offered for sale through a recorded episode and does not reflect a live inventory, the order states.

Naaptol was likewise directed to immediately discontinue any practices that create artificial scarcity of products, including showing that products will be available only today if they will be available within the next 30 days as well.

An organization has been instructed to display on its platform or channel running a promotion that consists of pre-recorded content.

The CCPA has also directed Naaptol to take steps to resolve the complaints that have been filed between May 2021 and January 2022 and to submit a report within 15 days.

In a bid to enforce consumer protection laws in India, the Central Consumer Protection Authority (CCPA) has asked the manufacturer of Sensodyne products, GlaxoSmithKline (GSK) Consumer Healthcare Ltd, and online shopping service Naaptol, to cease their marketing tactics because they flout regulations.

In addition, the CCPA fined Naaptol Rs 10 lakh for unfair trade practices, according to news agency PTI.  

What prompted GSK to place an order

PTI reported that the CCPA passed an order against GlaxoSmithKline (GSK) Consumer Healthcare Ltd on January 27 after taking a suo moto cognizance of the case.

Within seven days of sending the authority’s order, GSK was told to cease all advertisements for Sensodyne products in the country, because they flouted the norms by showing dentists practising outside India endorsing the products.

In a statement, the CCPA asserted that dentists must not publicly endorse any consumer products or drugs. “GSK Consumer Healthcare should not be allowed to circumvent the law in place in India by bringing in foreign dentists who will take advantage of consumer apprehension about tooth sensitivity.”.

Accordingly, advertisements of Sensodyne products in India featuring endorsements by dentists practising outside of India are misleading advertisements in terms of Section 2 (28) of the Consumer Protection Act, 2019,” the order read.

As part of the CCPA’s investigation, Director General (Investigation) also agreed to submit a report within 15 days containing a list of various claims – “recommended by dentists around the world”, “number one sensitivity toothpaste of the world”, “clinically proven relief, works in only 60 seconds”, etc. – These documents must be accompanied by supporting documents.

Our office confirms receiving the order from CCPA. Although we are in the process of investigating it in detail, we would like to clarify that our marketing efforts comply with the applicable laws and industry guidelines. PTI reports that GSK Consumer Healthcare spokeswoman said in a statement that the company is a responsible and compliant company devoted to the welfare of its consumers.

Naaptol violates the order

As well, the CCPA passed a judgment against Naaptol Online Shopping Ltd, finding it guilty of misleading advertisements and unfair trade practices, and asking it to pay a fine of Rs 10 lakh.

An order against Naaptol was issued by the consumer protection authority on February 2 this year, according to a statement released by the consumer affairs ministry on Wednesday.

The CCPA has taken up another suo motu case against Naaptol Online Shopping Ltd, asking it to discontinue marketing misleading advertisements for the sale of “Set of 2 Gold Jewelry”, “Magnetic Knee Support”, and “Acupressure Yoga Slippers”.

In addition to issuing a punishing monetary penalty of Rs 10 lakh to Naaptol, the CCPA said that its misleading advertisements have impacted numerous consumers since Naaptol runs a 24X7 channel broadcasting across the country in diverse languages daily.

To comply with the order, Naaptol has been directed to clearly state in episodes showing products for sale that the product is being offered for sale through a recorded episode and does not reflect a live inventory, the order states.

As part of CCA’s request to immediately discontinue, the CCA cited practices that create “artificial scarcity” of products, including the product shown available today even if it will be available in the next 30 days as well.

On their website, it noted that the company should display that pre-recorded episodes are being broadcast on their platform or channel.

The CCPA has also directed Naaptol to take steps to resolve the complaints that have been filed between May 2021 and January 2022 and to submit a report within 15 days.

It also noted that 399 complaints were registered against Naaptol from June 2021 to January 25 this year, according to the National Consumer Helpline.

Is GSK being asked to stop certain advertisements for Sensodyne?

It was found that there were advertisements for Sensodyne products broadcast on TV, Youtube, Facebook and Twitter that showed UK-based dentists recommending the company’s products. According to India’s Revised Dentists (Code of Ethics) Regulations 2014, dentists practising in the country are not permitted to endorse any drugs or products of the dental industry publicly. Based on the CCPA’s ruling, the use of UK dentists by GSK to endorse their products “was an attempt to circumvent the law” as applied to Indian dentists and lead one to believe that the product is being recommended by practising dentists in the UK.

CCPA ordered Sensodyne to cease all advertising for Sensodyne products in India featuring “dental practitioners practising outside of India endorsing the product within seven days” of its dated January 27, 2022 order.

Dental professionals, who have medical training and experience in addressing dental health issues, are shown endorsing, recommending, and suggesting the use of the product, which gives consumers the impression that not buying the product is ignoring the advice of a dental professional, stated the regulator in its order.

 

What other potential actions could GSK face?

As part of the investigation, the CCPA also ordered an investigation into claims made by Sensodyne in advertisements that the product was “recommended by dentists worldwide”, the world’s “number one toothpaste for sensitivity”, and it provided “clinically proven relief in 60 seconds”. Should the CCPA find that GSK has engaged in misleading advertising, the company can be fined up to Rs 10 lakh and prohibited from advertising any product or service for up to a year under section 21 of the Consumer Protection Act 2019.

A show-cause notice was issued to GSK in March 2021 after the CCPA had filed a suo moto action against specific advertisements for Sensodyne products in India featuring foreign doctors.

edited and proofread by nikita sharma