Misleading Ads About "Weight Loss" Programmes An Act Of Unfair Trade Practice: Chandigarh State Consumer Commission

"The act of the appellants of giving false assurances on one hand by way of misleading advertisements and on the other hand, obtaining declaration from the consumers qua no guarantee/assurance regarding the result and outcome of the programme, is a clear example of unfair trade practices adopted by them, for which, the consumers (respondent in this case), could not be made to suffer at the hands of the appellants."

The respondent-complainant had purchased VLCC's weight loss and tummy trim program which assured weight loss of 5 Kg and tummy circumference of 4 inches within one month with money back guarantee. However, when there was no progress, the appellant recommended another program to the Respondent which involved an imported machine for treatment. When there was still no result, he filed a complaint with the Consumer Commission.

VLCC submitted that the respondent had given an undertaking that he understands that no guarantee/ assurance could be given to him regarding the outcome of the programme and in circumstances of unsatisfactory results due to factors beyond the control of the VLCC staff, he shall not be entitled to claim/damages or to hold VLCC or its staff liable. Further, the respondent had to strictly abide by certain dietary instructions and had to complete the entire course for the desired outcome, which VLCC claimed was not done by the Respondent.

The State Commission observed that the disclaimer given by VLCC cannot sustain in the eyes of law as their own advertisement was that of the money back guarantee.

"Now when no desirable results were forthcoming from the first plan, the appellants further allured the respondent by showing him an imported costly machine, through which the treatment would be done, for which, again the appellants made the respondent to make further payment", the Commission further observed.

It relied on Divya Sood v. Gurdeep Kaur Bhuhi where the National Consumer Disputes Redressal Commission observed that tempting advertisements with misleading statements about weight loss are increasing and need to be controlled.

Accordingly, the appeal was dismissed.

Case Title - M/s VLCC Health Care Limited v. Vijay Aggarwal