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  • ASCI upheld complaints against 67 out of 141 advertisements for violating code

    ASCI upheld complaints against 67 out of 141 advertisements for violating code

    MUMBAI:  In April 2016, the Advertising Standard Council of India’s (ASCI) Consumer Complaints Council (CCC) upheld complaints against 67 out of 141 advertisements.

    Out of 67 advertisements against which complaints were upheld, 27 belonged to the Healthcare & Personal Care category – this included a few ads on sex/sexual enhancement products, ten in the Food & Beverages category, seven in the E-commerce Category, four depicting Automotives, followed by four in the Education category and 15 advertisements from other categories.

    The CCC found the claims in 27 health and personal care product advertisements to be either misleading or false or not adequately or scientifically substantiated and hence violating ASCI’s code. Some of the health care products or services advertisements also contravened provisions of the Drug & Magic Remedies Act and Chapter 1.1 and III.4 of the ASCI Code. Complaints against the following advertisements which included Razorbill, Colgate-Palmolive (India), Pantene Shampoo, L’Oreal India Limited, Patanjali Ayurved Limited , and Hindustan Unilever Ltd were upheld

    Click here for the detailed report

    The list below is not the complete list

    Some of the complaints against ads in the healthcare segment that were upheld included

    Razorbill (RazorSlimAyurvedic Instant Slimming Capsules): The advertisement’s claims, ‘RazorSlimAyurvedic Instant Slimming Capsules’ and ‘No Exercise and No Diet’ were not substantiated and the before and after visuals in the advertisement were grossly misleading.

    Colgate-Palmolive (India) Ltd. (Colgate Herbal): The ambiguous presentation of the trademark ‘Colgate Herbal’ on packaging as two separate words and omission of the reference to trademark was misleading.

    Procter & Gamble Hygiene & Health Care Ltd. (Pantene Shampoo): The advertisement’s claim, Pantene is the ‘World’s No. 1 Hair Care Brand’, regardless of the disclaimer, is misleading by implication and ambiguity. It was not accepted, that the qualifier in the advertisement stating ‘Hair Care Category sirf shampoo aur conditioner se sambandhit’ is appropriate to validate the advertiser’s own categorisation of Hair care category which comprises of Shampoo, Conditioner and Hair Oils.

    L’Oreal India Limited (New Garnier White Complete Double Action Facewash): The advertisement on the pack claims, ‘instant whitening’ and ‘Gives 1 tone fairer looking skin in one wash’ were not substantiated. The TVC claim, ‘You think only cream can give you visible fairness? Think again …. This fights dark spots and gives instant whitening’, was misleading by implication.

    Hindustan Unilever Ltd. (Rexona Roll On): The advertisement of Rexona Roll On claim, ‘Ten times (10X) Protection’, was misleading by omission of qualifiers and reference to the comparison to talcum powder.

    Rajnish Hot Deals Pvt. Ltd. (Play Win Plus Capsules): The claim in the advertisement (in Marathi) ‘And, what continues the whole night? Quick results, one capsule one hour prior, get a surge of energy, for better results use PlayWin oil’, in the advertisement read in conjunction with the pack visual and the advertisement visual is misleading and implies that the product is meant for enhancement of sexual pleasure, which is in breach of the law as it violated The Drugs & Magic Remedies Act.

    Rajnish Hot Deals Pvt. Ltd. (Play Win Capsules): The advertisement’s claim, ‘Effect start from First Day Only’, was not substantiated with supporting product efficacy data, and is misleading. Also, the claims (in Marathi) as translated into English, ‘If you want to make your life happy! Then make your wife happy!!!’, ‘Play Win Capsules are effective for this kind of problems. Which can help you gain your power, stamina, strength’ and ‘Make your relationship stronger’, read in conjunction with the advertisement visual and pack visual implies that the product is meant for enhancement of sexual pleasure, which is in breach of the law as it violated The Drugs & Magic Remedies Act.

    Ayuway Herbal (Noni Wellness Drink): The claims in the advertisement (in Gujarati) as translated into English, ‘By taking Ayuway Herbal Noni daily in appropriate dose, the following stubborn diseases can be brought under control – Cancer, Arthritis, Blood circulation, Stomach ulcers, Muscle pain, Thyroid, Gas trouble, Diabetes, H.I.V., Skin problem’, ‘In many such diseases Ayuway Noni is beneficial’ and ‘100% money back guarantee’, were not substantiated and are misleading.  Also, specific to the claims with money back guarantee implying treatment/cure for Cancer, Arthritis, Diabetes, the advertisement is in breach of the law as it violated The Drugs & Magic Remedies Act.

    Babuline Pharma Pvt. Ltd. (Babuline Carminative Water): The advertisement’s claim, ‘Five times faster than churan or tablet’ was not substantiated as there was no authentic evidence comparing the speed of action of the product versus any marketed product. Also, the claim in the advertisement, ‘Fit and Healthy’ was considered to be misleading by ambiguity.

    Vaidya Pritam Singh (Shiva Aushadhalaya): The advertisement (in Hindi) claiming to ‘Cure childless women with guarantee’, was not substantiated and is misleading by exaggeration.  Also, specific to the claims implying guaranteed cure for childless women (infertility), the advertisement is in breach of the law as it violated The Drugs & Magic Remedies Act.

    A few complaints about ads in the F&B segment that were upheld included

    Patnajali Ayurved Ltd. (Patanjali Kachi Ghani Mustard Oil): The advertisement’s claim, ‘mustard oils are being adulterated with oil made by solvent extraction process with neurotoxin containing Hexane’, was not substantiated.  Also, the claim is grossly misleading by exaggeration.

    Kamla Kant & Company LLP (Rajshree Pan Masala): The advertisement themed blood donation features Anu Kapoor – a celebrity from the field of cinema for a product which has a health warning ‘Pan Masala is injurious to health’ and which cannot be purchased or used by minors, who are very likely to be exposed to the advertisement. The celebrity in the advertisement would have a significant influence on minors who are likely to emulate the celebrity in using the product. The advertisement contravened Chapter III.2 (e) of the ASCI Code which specifically states that advertisements ‘Should not feature personalities from the field of sports and entertainment for products which, by law, require a health warning such as ‘………….. is injurious to health’ in their advertising or packaging’. Also, the supers/statutory warning in the Hindi TVC were not legible and not in the same language as the audio of the TVC.

    DJ Group (Pan Bahar Pan Masala): The advertisement features Saif Ali Khan – a celebrity from the field of cinema for a product which has a health warning ‘Pan Masala is injurious to health’ and which cannot be purchased or used by minors, as minors are very likely to be exposed to the advertisement. The celebrity in the advertisement would have a significant influence on minors who are likely to emulate the celebrity in using the product. The advertisement contravened Chapter III.2 (e) of the ASCI Code which specifically states that advertisements ‘Should not feature personalities from the field of sports and entertainment for products which, by law, require a health warning such as ‘………….. is injurious to health’ in their advertising or packaging’. Also, the advertisement is misleading by omission of an appropriate disclaimer/statutory warning.

    Meeka Restaurants Private Limited (Nando’s Chicken): The statements in the advertisement, ‘Try something you can grab with both hands’ and ‘We don’t mind if you go on to touch our buns, breasts or thighs’, are sexually suggestive and objectifies female body parts, which is likely in the generally prevailing standards of decency to cause grave and widespread offence.

    Kellogg India P. Ltd. (Kelloggs Chocos Mascot in Chota Bheem): The advertisement’s claim, ‘Kellogg’s chocos – Isse behetar kya ho sakta hai’ implies that Kellogg’s Chocos is recommended as a better food option and can be had several times. The advertisement hence contravened the Guidelines on Advertising of Food and Beverages (Clause # 3 and #7 – (‘Advertisements should not disparage good dietary practice or the selection of options, such as fresh fruits and vegetables that accepted dietary opinion recommends should form part of the normal diet’, ‘Advertisements for food and beverages unless nutritionally designed as such should not be promoted or portrayed as meal replacement.’).

    Hindustan Unilever Ltd. (Knorr Classic Thick Tomato Soup): The advertisement’s claim, ‘Knorr chefs have handpicked the best quality vegetables’ was not substantiated and is misleading by implication, given that the product is made on a mass production scale and not customized or personalized.

    A few complaints about ads in the eCommerce segment that were upheld included

    One Mobikwik Systems Pvt. Ltd. (Mobikwik Rs. 20 Cashback Offer): The advertisement’s claim, ‘Rs 20 cashback’ was misleading by ambiguity and omission of complete disclaimer.

    One Mobikwik Systems Pvt. Ltd. (Mobikwik) (Get Rs 500 Cashback): The advertisement’s claim, ‘Pay via Mobikwik (Get Rs. 500 Cashback)’ was misleading by ambiguity and omission of a qualifier.

    Uber India (Uber Taxi Service – Distance Surcharge): The advertisement was misleading by omission of the mention of applicable additional charges (i.e. distance surcharge) per trip along with the fares on the website.

    One97 Communications Limited (Paytm): The advertisement’s claim, ‘24/7’ is misleading by ambiguity and omission of the details of the specific services for which the claim is valid.

    Astrologerad.com: The claims in the advertisement (in Gujarati) guaranteeing sure solutions for problems such as infertility, marital discord, winning a lottery, were false and misleading by exaggeration. The advertisement exploits the consumers’ lack of knowledge and is likely to lead to grave or widespread disappointment in the minds of consumers.

    Bankbazaar.com (Bhartiya Jan Dhan Credit Scheme): The advertisement of Bhartiya Jan Dhan Credit Scheme was posing like a Government scheme and was misleading the consumers by ambiguity and implication.

    A few complaints about ads depicting Automotives that were upheld included

    Nissan Motors India Pvt. Ltd.  (Nissan Sunny): The scenes in advertisement showing the ‘driver speaking on the phone’, ‘vehicles coming from the wrong sides’,  ’car overtaking from  the wrong side’, and the last scene of the ‘driver not wearing the seat belt’, shows / encourages dangerous / unsafe practices and manifests a disregard for safety.

    Apollo Tyres Ltd. (Apollo Tyres for Scooters): The scene in the advertisement showing, albeit for a short time, the ‘protagonist riding the scooter on the footpath to get ahead of the blocked traffic’, shows / encourages an unsafe practice, and also portrays violation of Traffic Rules.

    Hamilton Housewares Pvt. Ltd. (Milton i Fresh – 100 percent  Leakproof Lunch Boxes): The advertisement showcasing rash driving to demonstrate 100 percent Leakproof Lunch Boxes depicts speed and manoeuvrability in a manner which encourages unsafe and reckless driving and manifests a disregard for safety and encourages negligence.

    Amazon.com Inc. (Amazon – Friendly Customer Service): The visual in advertisement, ‘a pillion rider on a bike without a helmet’ as depicted in the advertisement shows violation of traffic rules and also is an unsafe practice.

    Education sector

    The CCC found following claims in the advertisements by 4 different advertisers were not substantiated and, thus, violated ASCI Guidelines for Advertising of Educational Institutions. Hence complaints against these advertisements were UPHELD.

    New Delhi Institute of Management: The advertisement’s claim, ‘A+++ with Average Salary in S2 Grade (Rs.5.0-Rs.9.9 Lakh)’, was not substantiated with evidence to prove that the individual students were indeed given the salary offer. Further, the advertisement’s claim, ‘100 percent Finest Placements since Inception’, was not substantiated with authentic data. In addition, the advertisement’s claim, ‘15th Best Placements in India’ was not substantiated with authentic comparative data. Also, the claims are misleading by ambiguity in the absence of any disclaimers.

    Test Cracker  Education Private  Limited   (Test Cracker – CAT  2016 coaching): The advertisement’s claims, ‘95 % Guarantee in CAT 2016’,  ’Srikant is the Bangalore topper in CAT 2015’,  ’Best Results in CAT 2015’ and ‘Ashank Dubey the best Quant faculty in India’,  were not substantiated and are misleading by exaggeration.

    S.Tech Group of Education (S Tech I.T School): The advertisement’s claim, ‘No. 1 Biggest Campus’, was not substantiated and is misleading.

    British Fort Foundation (British Institute): The advertisement’s claim, ‘Award in USA’, was not substantiated and is misleading.

    Others

    Reckitt Benckiser (India) Pvt. Ltd. (Mortein Insta5): As for the absence of the word ‘mosquitoes’ in the tagline of the advertisement of Mortein Insta5, the claim, ‘Relief from Dengue in just 5 minutes’ was misleading by ambiguity.

    Pernod Ricard India P. Ltd. (Seagram’s Royal Stag): The advertiser did not provide the annual market sales data of the product/service ‘Royal Stag Mega Music’, which was advertised. It was concluded that the advertisement was a surrogate advertisement for a promotion of a liquor product – Royal Stag.

    Whirpool of India Ltd. (Whirlpool 3D Cool Xtreme AC): The advertisement’s claim, ‘3 times more powerful cooling’ is proven in terms of air throw distance, but not in terms of speed of cooling the room. The claim was not adequately substantiated and is misleading by ambiguity. Further, the advertisement’s claim, ‘6th Sense Climate control’ was not adequately substantiated and is misleading by implication. The advertisement also claims, ‘cools the room instantly’ which was not substantiated and misleading by exaggeration. Also, the advertisement’s claim, ‘Health protection’ was not adequately substantiated and is misleading by implication.

    Idea Cellular Ltd. (Idea 3G 900): The advertisement’s claims, ‘Jam free network’ and ‘Adwiteeya internet indoor coverage (second to none internet indoor coverage)’, were not substantiated by comparative data of other service providers and were misleading by ambiguity.

    Idea Cellular Ltd. (Idea 3G): The advertisement states, ‘Idea 3G’ in Baharpur village where the 3G service is not being offered was misleading by omission of an appropriate disclaimer. Also, the advertisement exploits the consumers’ lack of knowledge and is likely to lead to grave or widespread disappointment in the minds of consumers.

    Reliance Industries Ltd. (Reliance Jio Infocomm): The advertisement’s claim, ‘Financial year 2016-17 will be the first full year of commercial operations of its Reliance Jio’,  is factually wrong and likely to mislead the consumers as the advertiser has not started their commercial services.

    Aircel Ltd. (Aircel): The advertisement’s claim, ‘RC 32 1.2p/2 sec STD+LOC 90 D’, was false and misleading.

    Suzuki Motorcycle India Pvt. Ltd. (Suzuki Gixxer): The advertisement’s claim, Suzuki Gixxer is ‘Most Awarded Bike of the Year 2015-16’, with the picture of 19 awards shown at the bottom of the advertisement, was false and misleading, as Suzuki Gixxerhas won only 6 awards in 2015-16.

    Shwas Homes Pvt. Ltd: The advertisement’s claim, ‘Aluva Railway station & Metro station is just a cigarette distance away’ was not adequately substantiated and is misleading by ambiguity.

    12. Sri Vedic Pratisthan (Rashi Bhagya Ratna): The advertisement’s claims, ‘If you possess RashiRatna (5.25 ‘Rati’ RashiRatna) thousands of rupees, you can become quickly fortunate and receive miraculous betterment, health, accomplishment and ‘Buy our talisman in just Rs.525/- and become fortunate to get your wishes fulfilled. Be profited by using it for job, success in business, conquest of enemy, dream marriage and love’, were not substantiated and are misleading by exaggeration. The advertisement exploits the consumers’ lack of knowledge and is likely to lead to grave or widespread disappointment in the minds of consumers.

    Agarwal D2D Packers and Movers: The advertisement’s claim, ’60 percent of the people in the country shift through us’, was not substantiated and is misleading.

    Tata Motors Ltd. (Tata Signa): The advertisement’s claims, ‘Higher Productivity through improved comfort and fleet utilization’, ‘Superior incab experience’, ‘Fleetman. Fleet telematics for higher productivity. In-built telematics’ and ‘Proven and reliable driving’, were not substantiated by submission of claim support data as to how the advertised product is better as claimed. Also, the claims were misleading by omission of a reference to the comparison being made.

     

  • Post Ola Micro and Amazon.in, industry opinions on social media backlash

    Post Ola Micro and Amazon.in, industry opinions on social media backlash

    MUMBAI:  The digital marketing era warrants brands, advertisers and creatives churn out advertisements that go viral. But they better toe the line very carefully in the process. The recently released campaign by Ola for its new super cheap Ola Micro service certainly had people talking online – but they weren’t talking about the things the company wanted to hear. Netizens by the thousands took to Twitter and Facebook to express how disgruntled they were with the TV spot which they found ‘sexist’. So much so, that the company had to take off the spot from TV.  A similar situation occurred in Kerala where a public hoarding by eCommerce giant Amazon.in spurred an angry agitation on the social networks.

    While it isn’t the first time that people have expressed their displeasure over an ad film, seldom has public reaction gotten such a quick and effective response from the brands. The question these incidents raise is how are brands, creative agencies and planners to handle this new breed of trigger happy consumers who are armed with social media?
    People have always discussed campaigns that leave a mark on them, while there were some that were praised, there were also a few that were criticised. With social media coming into the picture, the issue isn’t that people are expressing their view; more often these views are a knee jerk reaction rather than a well-considered opinion. “Everything has become like an instant poll if you ask me. An individual having an opinion over something can immediately share that, and several others with a similar voice can add to that. People have suddenly discovered that their voice too has power and they want to put it out in the public domain as much as they can. Sometimes it can be justified, but sometimes it is not,” opined Ogilvy and Mather creative director Sumanto Chattopadhyay. He however stressed the fact that brand communications have to be sensitive to consumers, “At the end of the day advertising exists to appeal a broad spectrum of people. So one has to take cognizance of that, especially now that people’s opinion is a part of the public domain almost instantaneously,” he expressed.

    When asked, as a creative what his reaction would be if one of his own works was pulled down, Chattopadhyay quipped. “As a creative person when I do a piece of work I obviously believe in it, I stand by it. There is no negative intent in it. But I have to also keep in mind that as an agency, we work for a brand, so sometimes we have to respect public opinion and go with the call the brand is taking so that the brand doesn’t suffer.”

    J. Walter Thompson Delhi managing partner and head Sanjeev Bhargava also advised creatives and agencies to tread carefully when it came to public opinion. “We are becoming a reasonably trigger happy nation when it comes to protesting now that we have the tools in our hand.  It started off with a political thing but now it’s transcending into the corporate world as well. At the same time, brands are getting increasingly sensitive about the chatter online as they have the measuring tools that gauge the impact of such negative comments online”.  

    While Bhargava suggested that brands, advertisers and agencies be extra careful so as not to ruffle any feathers he admitted that this would affect the creative process to a certain extent. “It is hard to be politically correct and have the freedom of expression in creating something. There is a fine line between meaning well based on consumer insights etc., and at the same time hurt sentiments. For example in the case of Amazon’s #WeIndians campaign, things might not have triggered this way had Amazon not been a foreign company. So it’s hard to say what will offend someone or not. In this increasingly wired world, industry needs to be careful till this frenzy wears off.”

    Bhargava cited an example of an old Naukri.com advertisement to add perspective, “Years back when Naukri’s Hari Sadu campaign came out, someone with the same name had filed a defamation case against the brand in court, saying his employees thought him to be a bad boss because of the ad. He lost the case. But in today’s day and age, that same person could make it go viral, as virality does not follow predictable metrics. He wouldn’t have needed a court of law.”

    Since public backlash is easy to create in today’s day and age, how does an industry body, tasked to self-regulate and monitor such offensive ads, react to such the public opinion? ASCI’s secretary general Shweta Purandare said, “I agree that social media is a very powerful tool. In fact, ASCI has consistently paid heed to it and followed the chatter by being active on social networks. If there is a negative chatter about brands or a particular campaign, many times, unaware that ASCI exists, they vent their feelings on social media. One is if an advertiser listens to that and takes action on its own, and another is that we guide such consumers to register a complaint and then take it up as per ASCI’s policies”.

    But there are also situations when a simple opinion may blow out of proportion and affect the brand. “Without taking any brand’s name, I would mention that there was a case when a brand came under fire on the social media, but when the complaint was taken up in ASCI, it was found that the advertisement was not against the ASCI code. Apart from taking voluntary calls to pull down ads, which the brands are free to do, if brands want a fair hearing of their argument they can approach ASCI for a proper analysis,” Purandare asserted.

    Whether it is right to target a brand over a cause or not, the fact remains that social media metrics matter to brands, and playing with public opinion is like playing with fire for them. And sometimes that means to bow down to public opinion and take off the ad at the cost of brand value.

    Not to mention the fact that creatives are also taking risks with edgier brand communication to draw more eyeballs to themselves.  “We are seeing a positive move from a mundane to more strategic insightful work in the creative industry.  In process they work around the delicate edge of safe versus edgy communication. Sometimes with such creative push things do go haywire. But these few instances must not hinder the positive moment in creativity.  So, brands have to do what was expected – self-censor and self-discipline.  It is their responsibility that the ad does not discriminate or offend any sensitivities,” explained Intradia world, brand and marketing advisor, Sanjeev Kotnala.

    “Brands always have two choices. If they feel they have really gone beyond the edge, they must withdraw. And they must do that gracefully with due apologies. If this is the strategic action, then it must be swift. The other option is they can stand by their communication and let the social media movement fizzle out,” he added.

    Kotnala also advised that while finding a fine balance between edgy and offensive content maybe like walking on a tightrope. Brands and creatives can be on the safer side if they do a concept research to determine if the ad is offending.  “Surprisingly and unfortunately many forget to do so. It may then be possible to shoot or create an alternative flow which can be integrated as a part of the campaign to kill a reaction without compromising on communication.”

    After all, brand value is created over time but it can be destroyed very fast. It can be protected with a swift response rather than silence, advises Kotnala in parting.

  • Post Ola Micro and Amazon.in, industry opinions on social media backlash

    Post Ola Micro and Amazon.in, industry opinions on social media backlash

    MUMBAI:  The digital marketing era warrants brands, advertisers and creatives churn out advertisements that go viral. But they better toe the line very carefully in the process. The recently released campaign by Ola for its new super cheap Ola Micro service certainly had people talking online – but they weren’t talking about the things the company wanted to hear. Netizens by the thousands took to Twitter and Facebook to express how disgruntled they were with the TV spot which they found ‘sexist’. So much so, that the company had to take off the spot from TV.  A similar situation occurred in Kerala where a public hoarding by eCommerce giant Amazon.in spurred an angry agitation on the social networks.

    While it isn’t the first time that people have expressed their displeasure over an ad film, seldom has public reaction gotten such a quick and effective response from the brands. The question these incidents raise is how are brands, creative agencies and planners to handle this new breed of trigger happy consumers who are armed with social media?
    People have always discussed campaigns that leave a mark on them, while there were some that were praised, there were also a few that were criticised. With social media coming into the picture, the issue isn’t that people are expressing their view; more often these views are a knee jerk reaction rather than a well-considered opinion. “Everything has become like an instant poll if you ask me. An individual having an opinion over something can immediately share that, and several others with a similar voice can add to that. People have suddenly discovered that their voice too has power and they want to put it out in the public domain as much as they can. Sometimes it can be justified, but sometimes it is not,” opined Ogilvy and Mather creative director Sumanto Chattopadhyay. He however stressed the fact that brand communications have to be sensitive to consumers, “At the end of the day advertising exists to appeal a broad spectrum of people. So one has to take cognizance of that, especially now that people’s opinion is a part of the public domain almost instantaneously,” he expressed.

    When asked, as a creative what his reaction would be if one of his own works was pulled down, Chattopadhyay quipped. “As a creative person when I do a piece of work I obviously believe in it, I stand by it. There is no negative intent in it. But I have to also keep in mind that as an agency, we work for a brand, so sometimes we have to respect public opinion and go with the call the brand is taking so that the brand doesn’t suffer.”

    J. Walter Thompson Delhi managing partner and head Sanjeev Bhargava also advised creatives and agencies to tread carefully when it came to public opinion. “We are becoming a reasonably trigger happy nation when it comes to protesting now that we have the tools in our hand.  It started off with a political thing but now it’s transcending into the corporate world as well. At the same time, brands are getting increasingly sensitive about the chatter online as they have the measuring tools that gauge the impact of such negative comments online”.  

    While Bhargava suggested that brands, advertisers and agencies be extra careful so as not to ruffle any feathers he admitted that this would affect the creative process to a certain extent. “It is hard to be politically correct and have the freedom of expression in creating something. There is a fine line between meaning well based on consumer insights etc., and at the same time hurt sentiments. For example in the case of Amazon’s #WeIndians campaign, things might not have triggered this way had Amazon not been a foreign company. So it’s hard to say what will offend someone or not. In this increasingly wired world, industry needs to be careful till this frenzy wears off.”

    Bhargava cited an example of an old Naukri.com advertisement to add perspective, “Years back when Naukri’s Hari Sadu campaign came out, someone with the same name had filed a defamation case against the brand in court, saying his employees thought him to be a bad boss because of the ad. He lost the case. But in today’s day and age, that same person could make it go viral, as virality does not follow predictable metrics. He wouldn’t have needed a court of law.”

    Since public backlash is easy to create in today’s day and age, how does an industry body, tasked to self-regulate and monitor such offensive ads, react to such the public opinion? ASCI’s secretary general Shweta Purandare said, “I agree that social media is a very powerful tool. In fact, ASCI has consistently paid heed to it and followed the chatter by being active on social networks. If there is a negative chatter about brands or a particular campaign, many times, unaware that ASCI exists, they vent their feelings on social media. One is if an advertiser listens to that and takes action on its own, and another is that we guide such consumers to register a complaint and then take it up as per ASCI’s policies”.

    But there are also situations when a simple opinion may blow out of proportion and affect the brand. “Without taking any brand’s name, I would mention that there was a case when a brand came under fire on the social media, but when the complaint was taken up in ASCI, it was found that the advertisement was not against the ASCI code. Apart from taking voluntary calls to pull down ads, which the brands are free to do, if brands want a fair hearing of their argument they can approach ASCI for a proper analysis,” Purandare asserted.

    Whether it is right to target a brand over a cause or not, the fact remains that social media metrics matter to brands, and playing with public opinion is like playing with fire for them. And sometimes that means to bow down to public opinion and take off the ad at the cost of brand value.

    Not to mention the fact that creatives are also taking risks with edgier brand communication to draw more eyeballs to themselves.  “We are seeing a positive move from a mundane to more strategic insightful work in the creative industry.  In process they work around the delicate edge of safe versus edgy communication. Sometimes with such creative push things do go haywire. But these few instances must not hinder the positive moment in creativity.  So, brands have to do what was expected – self-censor and self-discipline.  It is their responsibility that the ad does not discriminate or offend any sensitivities,” explained Intradia world, brand and marketing advisor, Sanjeev Kotnala.

    “Brands always have two choices. If they feel they have really gone beyond the edge, they must withdraw. And they must do that gracefully with due apologies. If this is the strategic action, then it must be swift. The other option is they can stand by their communication and let the social media movement fizzle out,” he added.

    Kotnala also advised that while finding a fine balance between edgy and offensive content maybe like walking on a tightrope. Brands and creatives can be on the safer side if they do a concept research to determine if the ad is offending.  “Surprisingly and unfortunately many forget to do so. It may then be possible to shoot or create an alternative flow which can be integrated as a part of the campaign to kill a reaction without compromising on communication.”

    After all, brand value is created over time but it can be destroyed very fast. It can be protected with a swift response rather than silence, advises Kotnala in parting.

  • ASCI got 1000+ complaints against misleading advertising for Department of Consumer Affairs

    ASCI got 1000+ complaints against misleading advertising for Department of Consumer Affairs

    MUMBAI: Last year, the Department of Consumer Affairs (DoCA) had appointed the Advertising Standards Council of India (ASCI) to monitor web portal www.gama.gov.in – GAMA being an acronym for “Grievances Against Misleading Advertisements”. 

    GAMA was launched on 18 March 2015 and has received over 1000 complaints till date. ASCI claims that all GAMA complaints have been diligently processed it in a media release. A majority of these complaints came from individual consumers as well as few consumer organizations like the Consumer Education and Research Centre (CERC). The portal received complaints against advertisements of products and services from almost all sectors (telecom, banking, consumer durables, etc. and emerging sectors like e-Commerce) across a range of advertising media (TV, print, web-sites, other digital mediums, etc.). Some of the well-known brands’ advertisements which were complained against were processed by ASCI via GAMA portal and the complaints were upheld by the Consumer Complaints Council (CCC). In all those cases the advertisers either withdrew the advertisements or modified them as appropriate within the stipulated period and compliance to the CCC decisions was assured.

    Commenting on the success of GAMA portal, Department of Consumer Affairs secretary C.Viswanath said, “The problem of misleading advertisements is extensive and needs immediate attention. Launch of the GAMA portal is helping us to accomplish the vision we have towards protecting consumers’ interest. The need for the government and a self-regulatory body like ASCI to work together to provide effective and timely grievance redressal to consumers is key to tackle the issue. This model successfully demonstrates “More governance and less government.”

    Speaking on behalf of ASCI, its chairman Benoy Roychowdhury added, “ASCI was entrusted with the responsibility of GAMA complaints processing. I am very happy that ASCI has been able to speedily address all 1000 plus complaints received till date. This co-regulation initiative between the government and ASCI, has further enhanced effectiveness of protecting consumers from advertisements which could be making misleading, false or unsubstantiated claims. We wish GAMA, entering its second year, greater success.”

    The complaints of misleading advertisements received on GAMA portal, are handled in a three tier system. First complaints are processed by ASCI, the second level of escalation in case of non-compliance to a sub-committee headed by the joint secretary DoCA, under Inter Ministerial Monitoring Committee (IMMC) and in the end, the concerned regulator empowered by law to take action in case of persistent offenders.

  • ASCI got 1000+ complaints against misleading advertising for Department of Consumer Affairs

    ASCI got 1000+ complaints against misleading advertising for Department of Consumer Affairs

    MUMBAI: Last year, the Department of Consumer Affairs (DoCA) had appointed the Advertising Standards Council of India (ASCI) to monitor web portal www.gama.gov.in – GAMA being an acronym for “Grievances Against Misleading Advertisements”. 

    GAMA was launched on 18 March 2015 and has received over 1000 complaints till date. ASCI claims that all GAMA complaints have been diligently processed it in a media release. A majority of these complaints came from individual consumers as well as few consumer organizations like the Consumer Education and Research Centre (CERC). The portal received complaints against advertisements of products and services from almost all sectors (telecom, banking, consumer durables, etc. and emerging sectors like e-Commerce) across a range of advertising media (TV, print, web-sites, other digital mediums, etc.). Some of the well-known brands’ advertisements which were complained against were processed by ASCI via GAMA portal and the complaints were upheld by the Consumer Complaints Council (CCC). In all those cases the advertisers either withdrew the advertisements or modified them as appropriate within the stipulated period and compliance to the CCC decisions was assured.

    Commenting on the success of GAMA portal, Department of Consumer Affairs secretary C.Viswanath said, “The problem of misleading advertisements is extensive and needs immediate attention. Launch of the GAMA portal is helping us to accomplish the vision we have towards protecting consumers’ interest. The need for the government and a self-regulatory body like ASCI to work together to provide effective and timely grievance redressal to consumers is key to tackle the issue. This model successfully demonstrates “More governance and less government.”

    Speaking on behalf of ASCI, its chairman Benoy Roychowdhury added, “ASCI was entrusted with the responsibility of GAMA complaints processing. I am very happy that ASCI has been able to speedily address all 1000 plus complaints received till date. This co-regulation initiative between the government and ASCI, has further enhanced effectiveness of protecting consumers from advertisements which could be making misleading, false or unsubstantiated claims. We wish GAMA, entering its second year, greater success.”

    The complaints of misleading advertisements received on GAMA portal, are handled in a three tier system. First complaints are processed by ASCI, the second level of escalation in case of non-compliance to a sub-committee headed by the joint secretary DoCA, under Inter Ministerial Monitoring Committee (IMMC) and in the end, the concerned regulator empowered by law to take action in case of persistent offenders.

  • Consumers can now ‘Snap and WhatsApp’ objectionable ads to ASCI

    Consumers can now ‘Snap and WhatsApp’ objectionable ads to ASCI

    MUMBAI: Continuing with the mission to protect consumers’ interest, the Advertising Standard Council of India (ASCI) is embracing technology to connect with the consumers and curb misleading advertisements. Consumers can now WhatsApp the objectionable advertisement to +91 77-100-12345.

    The launch would be followed by awareness campaigns by means of print advertisement and radio spots with tagline of “Spot Bad Ad? Snap and WhatsApp +91 77100 12345.”

    ASCI Chairman Benoy Roychowdhury said at this event, “We are happy to launch the WhatsApp number, close to the World Consumer Rights Day (15th March). ASCI is truly empowering consumers by making it more accessible. Today almost every person with a smartphone is using messaging services such as WhatsApp. Technology makes it possible for them to flag false, misleading or offensive ads instantaneously and anytime anywhere while on the go – be it while reading newspapers at home, on their way to office, listening to radio or watching TV in the evening.”

    WhatsApp will serve as only the first touch point for consumers to reach ASCI with their main objections and images of the objectionable advertisement. Consumers can send pictures of print ads, hoardings, packaging or Screen shots of websites, Links of YouTube videos etc. 

    ASCI team would be scrutinizing these complaints and take it further if found valid as well as having complete details such as name and e:mail ID. The complainant would receive status updates on the complaint by SMS /and email. The WhatsApp number is not meant for commercial purpose. The complaint processing is free for consumers, in line with the ASCI’s mission of promoting self-regulation of advertising content and protecting Consumers’ interest. 

  • Consumers can now ‘Snap and WhatsApp’ objectionable ads to ASCI

    Consumers can now ‘Snap and WhatsApp’ objectionable ads to ASCI

    MUMBAI: Continuing with the mission to protect consumers’ interest, the Advertising Standard Council of India (ASCI) is embracing technology to connect with the consumers and curb misleading advertisements. Consumers can now WhatsApp the objectionable advertisement to +91 77-100-12345.

    The launch would be followed by awareness campaigns by means of print advertisement and radio spots with tagline of “Spot Bad Ad? Snap and WhatsApp +91 77100 12345.”

    ASCI Chairman Benoy Roychowdhury said at this event, “We are happy to launch the WhatsApp number, close to the World Consumer Rights Day (15th March). ASCI is truly empowering consumers by making it more accessible. Today almost every person with a smartphone is using messaging services such as WhatsApp. Technology makes it possible for them to flag false, misleading or offensive ads instantaneously and anytime anywhere while on the go – be it while reading newspapers at home, on their way to office, listening to radio or watching TV in the evening.”

    WhatsApp will serve as only the first touch point for consumers to reach ASCI with their main objections and images of the objectionable advertisement. Consumers can send pictures of print ads, hoardings, packaging or Screen shots of websites, Links of YouTube videos etc. 

    ASCI team would be scrutinizing these complaints and take it further if found valid as well as having complete details such as name and e:mail ID. The complainant would receive status updates on the complaint by SMS /and email. The WhatsApp number is not meant for commercial purpose. The complaint processing is free for consumers, in line with the ASCI’s mission of promoting self-regulation of advertising content and protecting Consumers’ interest. 

  • ASCI received 722 complaints against misleading advertisements in the media during 2015-16 till December-end

    ASCI received 722 complaints against misleading advertisements in the media during 2015-16 till December-end

    New Delhi, 8 March: The Advertising Standards Council of India (ASCI) received a total of 722 complaints till December last for the year 2015-16 complaints against misleading advertisements.

    Minister of State for Information and Broadcasting Rajyavardhan Rathore told the Rajya Sabha today that the ASCI had received 1580 complaints during 2014=15 and 1399 complaints during 2013-14.

    He said the Department of Consumer Affairs appointed ASCI as their executive arm in April 2015 to process complaints received on the GAMA (Grievance against Misleading Advertisements) portal. 

    The details of all such complaints which are under investigation of ASCI are available on GAMA portal.

    He also said case-wise details of such advertisements as reported by ASCI have been uploaded on Ministry’s website, www.mib.nic.in. 

  • ASCI received 722 complaints against misleading advertisements in the media during 2015-16 till December-end

    ASCI received 722 complaints against misleading advertisements in the media during 2015-16 till December-end

    New Delhi, 8 March: The Advertising Standards Council of India (ASCI) received a total of 722 complaints till December last for the year 2015-16 complaints against misleading advertisements.

    Minister of State for Information and Broadcasting Rajyavardhan Rathore told the Rajya Sabha today that the ASCI had received 1580 complaints during 2014=15 and 1399 complaints during 2013-14.

    He said the Department of Consumer Affairs appointed ASCI as their executive arm in April 2015 to process complaints received on the GAMA (Grievance against Misleading Advertisements) portal. 

    The details of all such complaints which are under investigation of ASCI are available on GAMA portal.

    He also said case-wise details of such advertisements as reported by ASCI have been uploaded on Ministry’s website, www.mib.nic.in. 

  • Pan Masala ads featuring celebrities violate ASCI’s code

    Pan Masala ads featuring celebrities violate ASCI’s code

    MUMBAI: Continuing with the mission to address misleading, vulgar, hazardous and unfair advertisements, the Advertising Standards Council of India (ASCI) is set to investigate advertisements by ‘Pan Masala’ brands featuring celebrities as they violate ASCI’s code of self-regulation in advertising content.

     

    This comes in the wake of the recent appeal by the Health Department of Delhi Government, to not have celebrities appear in such products’ ads.

     

    ASCI secretary general Shweta Purandare said, “At this juncture, we would like to educate the consumers and the advertisers that while products like Pan Masala and Supari are not banned for sale or from advertising by law, the ASCI code does not permit the use of celebrities in advertisements of products, which by law require health warning on its pack or cannot be purchased or used by minors. Complaints against such advertisements have been received by ASCI and are being looked into. ASCI will approach the concerned advertisers to take necessary corrective action post decision by our Consumer Complaints Council.”

     

    According to the Food Safety and Standards Authority of India (FSSAI) Rules and Regulation, statutory warnings like ‘Chewing of Pan Masala / Supari is injurious to health’ are mandatory to be printed on the pack as well as for the advertisements. It has been observed that a large number of Pan Masala brands are in potential contravention of the advertising codes under ASCI’s Chapter III (to safeguard against the indiscriminate use of advertising in situations or of the promotion of products, which are regarded as hazardous or harmful to society or to individuals, particularly minors, to a degree or of a type, which is unacceptable to society at large). More specifically, Clause 2 (e) under Chapter III states: advertisements should not feature personalities from the field of sports, music and cinema for products which, by law, either require a health warning in their advertising or cannot be purchased by minors.