Tokyo Bust Express Gives Undertaking to CCCS to Cease False Claims and Pressure Sales Tactics

25 June 2021

1. An investigation by the Competition and Consumer Commission of Singapore (“CCCS”) under the Consumer Protection (Fair Trading) Act (“CPFTA”) revealed that Tokyo Bust Express Pte Ltd (“TBE”) had engaged in the following unfair practices:

(a) Making false and unsubstantiated representations that misled consumers about the qualities or benefits of certain TBE’s treatments and products. These representations related to how TBE’s treatments could increase customers’ bust cup sizes or prevent breast diseases (including cancer), and how certain ingredients in TBE’s products had bust enhancement effects.

(b) Exerting undue pressure on consumers to purchase its products and treatments.

2. The Consumers Association of Singapore (“CASE”) had referred the case to CCCS after TBE had failed to comply with the Voluntary Compliance Agreement entered with CASE in May 2015. CASE continued to receive consumer complaints about pressure selling, an unfair practice persisted by TBE.^[1]

3. In the course of investigations, CCCS noted that TBE made changes in its business practices to ensure compliance with the CPFTA. TBE has taken steps to remove objectionable posts on its social media platforms and all claims in its marketing materials relating to the ability of its treatments to prevent or reduce bust related illnesses. Furthermore, to address CCCS’s concerns arising from the investigation, TBE has given an undertaking to CCCS that it will, amongst other things:

(a) stop engaging in the identified unfair practices referred to in paragraph 1 above;

(b) not make any claims or guarantees about the results, benefits or effects of its treatments or products unless these are substantiated;

(c) take all reasonable steps to make sure that its staff do not harass or exert undue pressure on customers to purchase its treatments or products;

(d) include in its agreements/invoices/receipts for its services or products a term that allows customers a 5-day cooling off period to cancel their transactions and make sure that this term is made known to its customers;

(e) put in place an internal compliance policy to make sure that its marketing materials and practices comply with the CPFTA; and

(f) make sure that its staff are familiar with the types of conduct that would amount to an unfair practice under the CPFTA.

4. After carefully considering the facts of the case and the steps taken by TBE to address CCCS’s concerns, CCCS has decided to close its investigation. However, CCCS will initiate further investigations against TBE if it breaches the undertaking or if it engages in any other unfair practices.

5. CCCS is working with CASE to monitor the beauty industry, which is an industry that consistently sees one of the highest rates of consumer complaints made to CASE. Businesses are reminded not to engage in practices that, amongst other things, deceive or mislead consumers about the benefits, performance and qualities of their products or services. Businesses must exercise due diligence to ensure that representations made to consumers about their products or services are accurate and should review their business practices from time to time to ensure that such practices do not amount to unfair practices under the CPFTA.

6. Consumers should note that they can refuse any deals or packages offered by businesses and can decline products that are marketed with dubious claims or aggressive sales tactics. Consumers who encounter unfair practices can approach CASE for assistance. For more information, please visit www.case.org.sg or call 6100 0315.

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Encl. Infographic: False/Unsubstantiated Claims about Attributes of Products/Services & Pressure Sales Tactics

^[1]See CASE Company Alert (26 July 2019): https://www.case.org.sg/consumeralert_company_detail.aspx?caid=75