The Central Consumer Protection Authority (CCPA) has directed GlaxoSmithKline (GSK) Consumer Healthcare to discontinue advertisements for Sensodyne products depicting foreign dentists endorsing the product. The regulator has also ordered further investigation into other claims regarding the product made by the company in advertisements.
Why has GSK been asked to discontinue certain advertisements for Sensodyne?
The CCPA found that certain advertisements for Sensodyne products broadcast on television, Youtube, Facebook and Twitter showed UK-based dentists recommending Sensodyne products. Dentists practising in India are not permitted to endorse any drug or product of the industry publically under the Revised Dentists (Code Of Ethics) Regulations 2014. The CCPA held that the use of UK-based dentists by GSK to endorse their products “was an attempt to circumvent the law” as applicable to Indian dentists and give the impression that practising dentists in the UK are recommending its product.
The CCPA ordered the company to discontinue all advertisements for Sensodyne products in India featuring “dentists practicing outside India endorsing the product within 7 days” of its order dated January 27, 2022.
“Since dentists who are medical professionals qualified for treating dental health issues can be seen in the advertisement appreciating , recommending and suggesting the use of the product, the advertisement gives the consumer an indubitable impression that if consumers do not buy the product they are ignoring the advice of a dentist”, the regulator noted in its order.
What other action could GSK potentially face?
The CCPA also ordered a probe into claims made by Sensodyne in advertisements that the product was “recommended by dentists worldwide”, “world’s no. 1 sensitivity toothpaste” and that it provides “clinically proven relief, works in 60 seconds”. Under Section 21 of the Consumer Protection Act 2019, GSK could face a fine of upto Rs 10 lakh and a prohibition from advertising any product and service for upto one year if the CCPA finds that the company has indulged in misleading advertising.
The CCPA had initiated a suo moto action against specific advertisements of Sensodyne products in India featuring foreign doctors and issued a show cause notice to GSK in March 2021.
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