By Apalka Bareja and Ritvik Kashyap
Introduction
In today’s digital age, misleading advertisements have become a pervasive concern in India. According to the Advertising Standards Council of India (ASCI), a staggering 81% of ad violations in FY 2023–24 stemmed from misleading claims, with over 10,000 complaints filed and 8,299 advertisements scrutinized making healthcare, personal care, and betting sectors particularly problematic[1]. Alarmingly, 94% of these misleading ads were found online in FY 2024–25, largely on sponsored social media posts, requiring modifications in 98% of the flagged cases[2].
Meanwhile, the government’s GAMA portal (Grievances Against Misleading Advertisements) recorded 6,154 complaints between 2019 and 2021, underlining the growing frequency of deceptive ads across traditional media[3]. The Supreme Court also intervened, mandating advertisers in food and health sectors to file self-declaration certificates (SDCs) before running ads; over 1.6 lakh such certificates have already been submitted since June 2024[4] (for more information refer to Mandatory Self-Declaration by Advertisers- Supreme Court).
Against this backdrop of growing enforcement and consumer vigilance, the recent ₹3 lakh fine imposed on VLCC by the CCPA for misleading slimming advertisements underscores both the urgency and evolving landscape of advertising accountability.
What Was the Issue?
The Central Consumer Protection Authority (CCPA) imposed a ₹3 lakh fine on VLCC Ltd after discovering that its advertisements for fat-loss and slimming procedures with their CoolSculpting machine had made exaggerated and misleading promises. Promos such as “Lose over 600 g and 7 cm in one session,” “Drop one size permanently in a single session,” and similarly sensational claims created the false notion of instant, guaranteed slimming results.
Moreover, in the case of CoolSculpting, the CCPA found that VLCC did not disclose crucial limitations for instance, the treatment is only effective for localized fat reduction (not overall weight loss), only for people with a BMI of 30 or less, and that the supporting clinical trial involved just 57 individuals from non-Indian demographics (Caucasian, Hispanic, and African American) none of which were mentioned in their advertisements.
What Action Has Been Taken
Following a consumer complaint and ad monitoring exercise, the CCPA initiated formal proceedings. After concluding the investigation, the regulator imposed a ₹3 lakh penalty.
Beyond the fine, the CCPA issued several clear directives for VLCC’s future communications:
- Transparency in disclaimers: Future advertisements must explicitly state that CoolSculpting is intended only for localized fat reduction not overall weight loss and indicate that it applies only to individuals with BMI ≤ 30.
- Demographic limitations: Advertisements must disclose that clinical trials did not include Indian or broader Asian populations.
- Geographic approvals: VLCC must also communicate that while the CoolSculpting device is US-FDA approved, this does not constitute an endorsement for its use in India.
- Broader warning: The CCPA cautioned all beauty, wellness, and aesthetic clinics using CoolSculpting technology in India that they must follow these guidelines strictly, and any violation may result in legal action or further penalties.
Conclusion
The penalty imposed on VLCC is more than just a financial sanction it is a reminder that consumer trust cannot be built on exaggerated promises. As misleading advertisements continue to flood both traditional and digital platforms, the action taken by the CCPA reinforces the principle that transparency and accountability are non-negotiable in the marketplace. For businesses, it serves as a warning that shortcuts in advertising may lead not only to reputational damage but also to regulatory consequences. For consumers, it is a reassurance that the law is actively protecting their right to accurate information. Going forward, consistent enforcement, coupled with consumer awareness, will be key in curbing deceptive marketing practices and fostering a healthier, more responsible advertising ecosystem in India.