Repeated Violations in Beauty Industry
This action comes shortly after CCPA fined Kaya Limited an identical amount for similar misleading advertisements. Kaya had claimed “easy inch loss” and displayed manipulated before-and-after images that went beyond the actual scope of US-FDA approval. Following the order, Kaya deposited the penalty and revised its advertising.
In VLCC’s case, a consumer complaint and monitoring of slimming industry promotions brought the misleading content to light.
Exaggerated Claims Beyond FDA Approval
CCPA’s investigation revealed that VLCC’s ads made unrealistic promises, such as:
- “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”
Such messaging gave consumers the impression of quick, permanent weight loss — a claim that misrepresents CoolSculpting’s actual approval. The machine is cleared by the US Food and Drug Administration (FDA) only for localized fat reduction in specific areas like the abdomen, flank, thigh, upper arm, and under the chin, and only for individuals with a BMI of 30 or below.
FDA Limitations Ignored
The CCPA noted several facts about the CoolSculpting device that were not disclosed in advertisements:
- It is not a weight-loss treatment.
- Clinical trials submitted to the FDA involved only 57 participants of Caucasian, Hispanic, and African American ethnicity — no Indian or Asian subjects were included.
- The US-FDA has given no endorsement for its specific use in India.
By omitting these crucial details, VLCC was found guilty of misleading consumers under the Consumer Protection Act, 2019.
CCPA’s Directions to VLCC
Along with the monetary fine, VLCC must now comply with strict advertising guidelines:
- Clearly state that CoolSculpting targets specific fat bulges, not overall weight loss.
- Disclose prominently that the procedure is suitable only for people with a BMI ≤ 30.
- List all inclusions and exclusions as per US-FDA approval.
- Inform consumers about the absence of Indian clinical data and lack of FDA endorsement for India.
- Avoid unfair disclaimers attempting to escape accountability for claims.
Future ads must carry the disclaimer: “The CoolSculpting procedure is used for treatment of focal fat deposits and not for weight loss.”
Warning to Industry and Consumers
CCPA has also cautioned all beauty and wellness service providers in India using CoolSculpting devices to strictly adhere to these directives. Any violation will invite penalties, discontinuation of ads, or legal action.
The regulator further urged consumers to remain vigilant against advertisements that promise instant weight loss or permanent size reduction using CoolSculpting or similar treatments. Such claims are misleading and not backed by scientific approvals.
