New Delhi [India], August 23 : The Central Consumer Protection Authority (CCPA) has imposed a penalty of Rs 3 lakh on VLCC Limited for publishing misleading advertisements regarding fat-loss and slimming treatments through the use of the US-FDA approved CoolSculpting procedure/machine, according to a release by the Press Information Bureau.
https://x.com/PIB_India/status/1959159350641250654
Earlier, CCPA had also levied a penalty of Rs 3 lakh on Kaya Limited for publishing misleading advertisements on CoolSculpting treatments. The company's advertisements claimed "Kaya's Non-Surgical Fat Reduction" and "Kaya brings you easy inch loss with CoolSculpting," and even depicted misleading before-and-after images suggesting major fat loss all over the body. These claims went beyond the actual US-FDA approval and misrepresented the procedure as a weight-loss treatment. Kaya Limited has since complied with the CCPA's order and deposited the penalty amount.
The matter of VLCC Limited came to the notice of CCPA through a complaint and monitoring of advertisements in the slimming and beauty sector. 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 investigation revealed that the advertisements of VLCC projected CoolSculpting and related procedures as a permanent weight-loss and size-reduction solution. Some of the alleged claims included, "Lose up to 600g and 7 cm in 1 session", "Drop 1 Size in 1 session permanently", "Drop one size in one hour", "VLCC brings you a ground-breaking fat reduction treatment", "With Lipolaser Lose 6cm and 400g in one session"
Such advertisements gave consumers the false impression that CoolSculpting guarantees permanent and significant weight loss. In reality, the procedure is only approved for localized fat reduction in specific body areas and only for individuals with a Body Mass Index (BMI) of 30 or less.
With respect to the US-FDA approved CoolSculpting machine CCPA observed that, "The CoolSculpting machine, manufactured by Zeltiq Aesthetics, is approved by the US-FDA only for the reduction of localized fat bulges in areas such as the upper arm, bra fat, back fat, banana roll, submental area, thigh, abdomen, and flank. It is not a weight-loss treatment. Clinical trials submitted to the US-FDA included only 57 participants of Caucasian, Hispanic, and African American ethnicity, with no Indian or Asian representation. The US-FDA has not given any specific endorsement for the use of CoolSculpting in India. By omitting these critical facts, VLCC misled consumers in violation of the Consumer Protection Act, 2019."
The Central Consumer Protection Authority (CCPA) has imposed a monetary penalty of Rs 3 lakh on VLCC and directed the company to follow strict guidelines in all future advertisements related to its CoolSculpting procedure. The regulator has mandated that VLCC must prominently disclose the specific body areas targeted for fat reduction, clarify that the procedure is limited to individuals with a BMI of 30 or less, list all inclusions and exclusions in line with US-FDA approval, and highlight the demographics on which the machine has been tested.
It further instructed that all advertisements and consent forms must clearly state, "The CoolSculpting Procedure is used for treatment of focal fat deposits and not weight loss," in an easily readable manner. Additionally, VLCC has been cautioned against making unverified claims beyond US-FDA approvals, while also requiring it to inform consumers about the absence of testing on the Indian demographic and the lack of US-FDA endorsement in India. The authority also directed the company to discontinue unfair contract clauses that attempt to evade legal accountability for claims made in advertisements.
CCPA further cautions all beauty clinics, wellness centers, and service providers using CoolSculpting machines in India that these directions must be followed with strict adherence. Any violation will invite stringent action under the Consumer Protection Act, 2019, including penalties, discontinuation of misleading advertisements, and legal proceedings.
This order reinforces CCPA's commitment to protecting consumers from false, misleading, and exaggerated advertisements in the health, wellness, and beauty industry.
Consumers are advised to remain cautious and not fall prey to advertisements that promise instant weight loss or permanent size reduction through CoolSculpting.