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Tag: ASCI

  • 185 advertisers come under ASCI scanner for flouting guidelines

    185 advertisers come under ASCI scanner for flouting guidelines

    MUMBAI: In March 2015, the Advertising Standard Council of India’s (ASCI) Consumer Complaints Council (CCC) upheld complaints against 185 out of 230 advertisements.

     

    Out of 185 advertisements against which complaints were upheld, 81 belonged to the personal and healthcare category, followed by 57 advertisements in the education category, with 47 advertisements in other categories.

     

    In the print and broadcast category, advertisements were upheld against TV Today Network limited, Times Network, Madhyamam Broadcasting Limited and Matrubhumi Printing & Publishing Co. Ltd. amongst others.

     

    The CCC found the following claims in 81 health and personal care product or service 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.

     

    The advertisements against which complaints were upheld included Dr. Batra’s Homeopathy, Lifespan Diabetes & Cardiometabolic Clinic, Zee Laboratories, Hashmi Dawakhana, Sanjivani Homoeopathic Centre and Herbal Life Clinic amongst others.

     

    In the education category, the CCC found following claims in the advertisements by 57 advertisers were not substantiated and, thus, violated ASCI Guidelines for Advertising of Educational Institutions. Hence complaints against these advertisements were upheld.

     

    The advertisements against which complaints were upheld included SCIT Community College of IT & Management, St. Margaret Engineering College, ICS Coaching Centre and CL Educate Ltd amongst others.

     

    Click here to read the full report

  • ASCI launches e-learning programme on responsible advertising

    ASCI launches e-learning programme on responsible advertising

    MUMBAI: In keeping with ASCI chairman Narendra Ambwani’s 2015 vision of ‘Self-discipline by creators of advertising’, the Advertising Standard Council of India (ASCI) has launched an e-learning training programme for advertisers and communication professionals, at a nominal price.

     

    “We at ASCI are happy to launch this e-learning programme, which has culminated as a result of hard work put in by our team over several months. It is a proactive approach that would enable the creators of advertising to get their advertisements “Right the first time.” There is a direct and tangible business benefit associated with it, as a trained individual would be able to avoid costly reworks of modifying or pulling down of advertisement by adhering to simple dos and don’ts set out in the code,” said Ambwani.

     

    ASCI’s e-learning will offer its modules to all members; non-members, students and other interested individuals. This e-learning programme would be especially useful for students aspiring to make a career in advertising and marketing communication, legal and regulatory professionals by adding a feather in their CV with this additional qualification. ASCI is also offering special discounts to educational institutes. Prominent personalities from the field of advertising like Piyush Pandey, R. Balki and Sam Balsara have participated and lent their support to the e-learning modules.

     

    The e-learning course is designed in several modules, which the users can complete at their own pace within a six month window. Each of these modules consists of engaging multimedia content followed by a quiz.

     

    · Introduction to ASCI (one module)- Advertising Self-regulation and ASCI

     

    · ASCI advertising Codes (four modules)- Truthful and honest representation, non-offensive to public, against harmful products/situations and fair in competition

     

    · ASCI category guidelines (four modules)- Brand Extension, Food and Beverages, Educational Institutions and Automotive vehicles

     

    · ASCI processes (four modules)- Supers, Complaints Registrations and Monitoring, Complaint processing and ASCI Membership

     

    On successful completion, the user is awarded with a certificate.

     

    Being an online platform, the programme will be accessible to everyone from anywhere at any time.

     

    Yahoo India Advertising Operations director Vishwas Govindarajan became the first industry professional to enroll for the e-learning programme and bagged the ASCI e-learning certificate.

     

    “This is the era of digital technology where advertising bombards every available space. In such an extremely versatile and dynamic medium, self-regulation plays a vital role. If the ad content falls below the regulatory standard set for advertising, it may result in irreparable damage, both to the brand and the company. ASCI e-learning programme is a “Must have” tool for every advertising professional,” said Govindarajan.

  • ASCI to hold debate on relevance of self-regulation in advertising

    ASCI to hold debate on relevance of self-regulation in advertising

    MUMBAI: In line with its commitment to self-regulation in advertising on different platforms, the Advertising Standard Council of India (ASCI) is presenting a platform for industry stalwarts and key stakeholders to deliberate, discuss and challenge the fraternity on the importance and the relevance of self-regulation in today’s world. ASCI has organized a festival of debate on “Creativity, For Goodness’ Sake” on 20 March 2015 from 3 pm onwards. It will be held at The Taj Land’s End in Mumbai.

     

    The objective of this event is to create and present an engagement platform to uphold creativity, which is not only exciting and memorable but with a conscience; based on the premise that there is a critical need to create awareness, belief and advocacy for the very concept of self-regulation in advertising. 

     

    The festival will have global speakers namely BBH creative founder John Hegarty, Unilever SVP marketing Marc Matheiu, P&G managing director Shantanu Khosla, and filmmaker Rajkumar Hirani.

     

    At the centre of the festival will be a debate on the parameters of creative expression in advertising with speakers drawn from the top echelons of the creative industry, advertisers and consumer activists. Industry Stalwarts like Ogilvy & Mather India and South Asia executive chairman and creative director Piyush Pandey, Future Brands CEO and MD Santosh Desai, Standard Chartered Bank global head of brand and CMO Sanjeeb Chaudhuri, and Provocateur Advisory director Paritosh Joshi, will be part of the panel discussion which will be moderated by Anish Trivedi. The debate will rake up issues on creative freedom and much more.

     

    ASCI chairman Narendra Ambwani said, “Encouraging self-discipline by the creators of advertising, has been one of the key priorities chalked out for the year 2014 – 2015. As the chairman of ASCI, I believe that by promoting ASCI’s guidelines more vigorously among advertisers and creative agencies the new advertisements released will meet ASCI’s standards at the creative stage itself. This would help eradicate false and misleading claims in ads and very importantly serve the need of the hour – safeguarding consumer interest and reinforcing public’s confidence in the advertising industry. Working towards this cause of promoting the spirit of self – regulation, we here at ASCI have all come together to create a one-of-a kind festival of debate – Creativity for Goodness’ Sake! Through this unique engagement platform we aim at a fairly high powered and intellectually stimulating event for all stakeholders involved in the process of communication with consumers.”

  • ASCI upheld complaints against 62 out of 97 ads in Dec

    ASCI upheld complaints against 62 out of 97 ads in Dec

    MUMBAI: In December 2014, the Advertising Standard Council of India’s (ASCI) Consumer Complaints Council (CCC) upheld complaints against 62 out of 97 advertisements.

    Out of 62 advertisements against which complaints were upheld, 40 belonged to personal and healthcare category, followed by the education category with 11 advertisements.

    The CCC found the following claims in health and personal care product or service advertisements of 40 advertisers to be either misleading or false or not adequately/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 were upheld against Procter & Gamble Home Products (Pantene Total Damage Care Shampoo & Conditioner) as the advertisement of Pantene Total Damage Care Shampoo & Conditioner claims that 3,50,00,000 women got the proof of Pantene’s Split-end protection. The figure of repeat usage of 3,50,00,000 users substantiated by the survey does not prove that the users actually got the proof of Pantene’s split-end reduction.

    Similarly, the ad of Super Height claims to be the best medicine, which increases height speedily, with two times faster results than usual. They claim to be an ayurvedic medicine made completely of herbs, to increase one’s height by up to five inches in three months, with full money refunded if no benefits are found. It also claims to be the “World’s No.1 product which increases height with speed now in India after Japan, China, America and Russia.”   

    General Mills India (Pillsbury Fridge Cheesecake) advertisement of Pillsbury Fridge Cheesecake disparages a healthy diet of vegetable salads as the advertisement states “sada hua salad.”

    In the education category, CCC found following claims in the advertisements by 11 different advertisers were not   substantiated and, thus, violated ASCI guidelines for advertising of educational institutions. For instance, the advertisement of Career Launcher claimed “No.1 CAT test series program,” “Closest to CAT Test series – on the new CAT pattern,” “Best rated test series by students,” “True percentile predictor enabled test series,” “CL was also the only player to predict accurately the change in pattern and the even the likely dates!”, were not substantiated.

    Advertisements of news channels also caught CCC eye. TV18 Broadcast (CNN-IBN) ad depicts a see-saw, which has CNN-IBN at one side shown with a big number 1, out weighing all the other channels depicted with numbers 2, 3, 4 and 5 on the other side of the see-saw. The CCC concluded that the negative portrayal of image of other channels is misleading by implication and disparaging to other competitor channels. Also, the advertisement claims that News X is India’s No.1 English News Channel. The source and date of the research / assessment for the claim was not indicated in the ad.

     

  • Govt. plans no change in regulating advertisements on private television

    Govt. plans no change in regulating advertisements on private television

    NEW DELHI: Even as a legal debate continues on the ad cap of 12 minutes to the hour, the Government feels the existing mechanism available in the Information and Broadcasting Ministry is ‘adequate’ to regulate advertisements on private TV channels

    There is no proposal under consideration of the Government to amend Section 6 of the Cable Television Networks (Regulation) Act 1995 in this regard, Ministry sources told indiantelevision.com.

    While replying to a question during the last Parliament session, Minister of State for I&B Rajyavardhan Singh Rathore had said no study had been brought to the notice of the Ministry with regard to the efficacy of self-regulation vis-a-vis legislative regulation.

    However, advertisements telecast by private satellite TV channels are regulated under the provisions of Advertising Code as contained in the Cable Television Network Rules, 1994 framed under the Cable Television Networks (Regulation) Act, 1995.

    Besides this as a part of self-regulatory process, Advertising Standards Council of India (ASCI), established in 1985, undertakes self-regulation of advertisements. ASCI has a Consumer Complaints Council (CCC) to consider complaints in respect of advertisements.

    The sources said the self-regulation mechanism put in place by the industry, however, does not replace the existing regulatory function of the Government.

     

  • ASCI upholds complaints against 113 out of 144 ads in Nov 2014

    ASCI upholds complaints against 113 out of 144 ads in Nov 2014

    MUMBAI: In November 2014, Advertising Standards Council of India’s (ASCI) Consumer Complaints Council (CCC) upheld complaints against 113 out of 144 advertisements.

     

    Out of 113 advertisements against which complaints were upheld, 61 belonged to personal and healthcare category, followed by the education category with 33 advertisements.

     

    The CCC found that claims in health and personal care product or service advertisements of 61 advertisers were either misleading or false or not adequately/scientifically substantiated and hence violated 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.

     

    The advertisements against which complaints were upheld included the likes of Hindustan Unilever Limited, Godrej Consumer Products, Philips Electronics, The Colors Bar amongst many others.

     

    HUL’s advertisement of Lifebuoy claims to provide “10 x more germ protection” and “10 x more skin care” than any other soap which was not substantiated. Godrej Consumer Products’ advertisement of Goodknight shows “a child standing near the mosquito vaporiser”, whereas the product’s leaflet includes a precaution that the electrical liquid vapourising machine should be kept away from the reach of children. The advertisement features a dangerous practice, manifests a disregard for safety and encourages negligence. 

     

    Similarly, the advertisement of Richfeel Trichology Centre is in breach of code of medical ethics as the advertisement is soliciting patients and also mentions the names of Dr. Apoorva Shah and Dr. Ferrari, promoting the Clinic, which is in violation of the Central Council of Homeopathy Code of Ethics Regulations Clause II 6.1.

     

    The advertisement of Jimmy Health Clinic claims 100 per cent successful treatment of sexual problems such as premature ejaculation, impotency, masculine vigour, semen disease, undeveloped organ, less sperms, night fall, infertility.  It also claims to increase weight and improve health permanently. Also, the advertisement shows Dr. Zed promoting the clinic which is in violation of the Medical Council of India (MCI) Code of Medical Ethics Regulation, Clause 6.1.

     

    In the education category, the CCC found following claims in the advertisements by 33 different advertisers were not substantiated and, thus, violated ASCI guidelines. For instance, The advertisement of Bright Career Academy states “Job Assured on pursuing 3 month’s course” and “7+ Bands assured on undergoing IETLS 7 hours classes daily”, were not substantiated with supporting data.

     

    In the food and beverages category, the advertisement of Coca Cola states that it contains no fruit juice, etc. This mandatory audio in the radio spot was played too fast and was not comprehensible.  The radio spot contravened the ASCI Guidelines on Supers. This advertisement of Haldiram Prabhuji claims to offer “any 2 packs of mixtures/ bhujia for Rs 100,” which in the absence of any disclaimers, was found to be misleading.

     

    Click here to read the full report

  • ASCI launches ‘Swachh Ads Abhiyan’

    ASCI launches ‘Swachh Ads Abhiyan’

    MUMBAI: Observing the National Consumers Day on 24 December, Advertising Standards Council of India (ASCI) has launched the initiative ‘Swachh Ads Abhiyan’.

    With the purpose of combating misleading advertisements, the Department of Consumers Affairs proposed ASCI to come up with an initiative to create awareness amongst consumers to take action against misleading content. The campaign was initiated across various social platforms like Facebook, Twitter, LinkedIn and YouTube.  Engaging with the consumers and making them aware of what advertisements lead to misleading content and consumer’s right to complain against any such advertisements.

    ASCI chairman Narendra Ambwani said, “‘Swachh Ads Abhiyan’ is yet another initiative by ASCI to combat the issue of misleading advertisements and create awareness for the consumers on National Consumers Day. It’s really important that the consumers don’t blindly believe in advertisements and understand unethical and misleading claims. ASCI engaged with consumers through social media, which have massively driven consumer attention towards the campaign. We hope this initiative from ASCI will empower and are encouraging consumers to make the right decisions.”

    ASCI’s Consumer Complaints Council member Sucheta Dalal stated, “As a member of the consumer complaints committee (CCC) I have seen the big leap in ASCI’s effort to track misleading advertisements across different media and languages on a nationwide basis. ASCI has also made it easy to file and track complaints online or engage with it through social media. All we need now is better consumer awareness and action by concerned citizens to keep ASCI on its toes by filing complaints and making themselves heard on the evolving issue of misleading advertisements.”

     

  • In October, ASCI upholds complaints against 105 out of 146 ads

    In October, ASCI upholds complaints against 105 out of 146 ads

    MUMBAI: In October, Advertising Standards Council of India’s (ASCI) Consumer Complaints Council (CCC) upheld complaints against 105 out of 146 advertisements. Out of the 105 advertisements against which complaints were upheld, 44 belonged to personal and healthcare category, followed by the education category with 43 advertisements.

     

    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 were upheld against Hindustan Unilever Ltd’s advertisement of Fair & Lovely which claims that the product marketed in India gives better results than other fairness creams marketed in Dubai, Singapore and Japan stating a comparison versus “some of the world’s best products.” The advertisement is misleading by exaggeration and implication that the advertised product is unbeatable with all the products in those countries. Also the advertisement is likely to be misleading by ambiguity as the comparison is only for instant whitening effect of the advertiser’s product.

     

    Similarly, the advertisement of Wockhardt Hospitals claims, “Best in Healthcare” and “Best in Bariatric Surgery.” The advertisement is misleading as the Registration Certificate of the doctor shows his registration only as MBBS and not a specialist (MS). Also, the advertisement is in breach of Code of Medical Ethics as the advertisement mentions the name of Dr. Bhandari promoting the Hospital which is in violation of the Medical Council of India (MCI) Code of Ethics Regulations 2002 Clause 6.1.

     

    Also, the advertisement of Dabur Range of Product claims “Do you have the energy of Shilajit Gold?” & “Shila X Oil – Full of energy”, were not substantiated. Also, when read in conjunction with the visual in the advertisement and specific to the advertisement claim, “Shila X Oil – Full of energy”,   the advertisement is in breach of the law as it violated The Drugs & Magic Remedies Act.

     

    In the education category, CCC found that advertisements violated ASCI Guidelines for Advertising of Educational Institutions and upheld complaints against the advertisement by AKS University that claims it is the best university. The claim was not qualified with appropriate disclaimers and many others.

     

    In the e-commerce category, complaints were upheld against the advertisement of Flipkart.com that claimed to offer ‘Flat 90 per cent’ off which was misleading as the TVC did not mention that the offer is on limited stock. Similarly, Jasper Infotech’s Snapdeal.com advertisement a boy is telling the audience that my girlfriend’s sister is very cute. When we go outside she always comes with us, absolutely free. Just like Snapdeal Diwali bumper sale in which a product is absolutely free with another. The TVC makes a derogatory reference to women and refers to women as a commodity.

     

    The others against whom complaints were upheld included the advertisement claims that Hindustan Hindi Daily is the number one newspaper of Jharkhand. The claim contravened the ASCI Guidelines on Supers; the advertisement of Tata Docomo Photon Max Wi-Fi claims, “Consistent high speeds” which was not substantiated with test reports from independent third party. Also, the Advertiser did not provide substantiation of actual speed achieved in real conditions and in several locations within the cities quoted in the advertisement; Viacom 18 Media (Sonic Power Rangers) advertisement shows teenagers in uniform climbing the walls of their education institution and doing somersaults while entering the class. As the advertisement shows dangerous acts which are likely to encourage minors to emulate them in a manner which could cause harm or injury, the complaint was upheld under Chapter III 2b) of the ASCI Code.

     

    Click here to read the full report

  • ASCI upholds complaints against 79 out of 100 ads in September

    ASCI upholds complaints against 79 out of 100 ads in September

    MUMBAI: In September 2014, Advertising Standards Council of India’s (ASCI) Consumer Complaints Council (CCC) upheld complaints against 79 out of 100 advertisements.

     

    Out of the 79 advertisements against which complaints were upheld, 49 belonged to personal and healthcare category, followed by the education category with 18 advertisements.

     

    In the personal and healthcare category, the CCC found the claims in advertisements of 48 advertisers to be either misleading or false or not adequately/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 were upheld against advertisers like Vini Cosmetics’ advertisement of White Tone Face Powder that shows instant fairness of the skin on using the product which is misleading by exaggeration. The advertisement of Perfect Clinic claims to give hope for childless couples, helps to get sex life back and enjoy married life.

     

    Agro Tech Foods’ advertisement of Sundrop Heart claims that research conducted on consumers proves the product has worked in 100 per cent of the people tested on. The duration of the supers in the advertisement does not stay for 6 seconds and contravened ASCI’s guidelines for supers.

     

    The advertisement of Richfeel Trichology Centre claims to provide the Best Hair Transplant at Rs 55,000. It further claims to have “Full time Aliesbury Certified Surgeons and staff perform the procedure”.

     

    In the education category, complaints were upheld against 18 advertisements. For instance, the advertisement claims that RKDF College of Engineering is the best engineering college in Central India. Sri Venkateswara Institute Of Technology claims that it provides guaranteed placement or else refund of fees.

     

    In the other categories, Hindustan Unilever Ltd advertisement claims that “various powders were tested, and in machines, Surf Excel Matic provided the most effective cleanliness”, qualified with a disclaimer “based on lab test on select fabrics versus ordinary powders” is misleading as the comparison is made versus ordinary powders not meant for machine wash. The subject matter of comparison was not considered as a like to like comparison.

     

    Star India’s TVC promo of Gumraah season 3 presents criminality and directly or indirectly encourages people – particularly minors- to emulate it or conveys the modus operandi of any crime.

     

    In the Food & Beverages category, Red Bull India advertisement without justifiable reason shows dangerous practices and manifests a disregard for safety. Similarly, Bacardi India is promoting its liquor product – Bacardi Breezer through the radio advertisement. The advertiser had violated the brand extension advertising code. The radio spot contravened Chapter III.6 (a) (b) of the ASCI Code and the guidelines for brand extension products or services. 

     

    Click here for full report

  • Dept. of Consumer Affairs and ASCI join hands

    Dept. of Consumer Affairs and ASCI join hands

    MUMBAI: Strengthening its mission towards self-regulation in advertising, Department of Consumer Affairs (DoCA), of the Ministry of Consumer Affairs, Food & Public Distribution, has partnered with Advertising Standard Council of India (ASCI) to augment the efforts on stopping misleading advertisements.

     

    The collaboration will see joint efforts to evaluate and pass strictures against the violators. The six priority sectors that would be covered are: agriculture and food, health, education, housing, financial services and e-commerce.

     

    DoCA will redirect the complaints received by it to ASCI to avoid duplication of processing of complaints against advertisements that is already under process by ASCI. The complaints will be evaluated across media like print, packaging, internet, outdoor, wall paintings, posters, bill boards, etc.

     

    Commenting on the partnership, DoCA additional secretary G Gurucharan said, “The problem of misleading advertisements and the consequent unfair trade practices that arise is widespread – across sectors, mediums and geographies.  DoCA’s effort is to build a coalition of stakeholders to combat this menace – partnering with ASCI is an important step.”

     

    ASCI chairman Narendra Ambwani added, “It’s a moment of pride for ASCI to have received such support from DoCA. Earlier our work has been recognised by various government bodies like Ministry of Information and Broadcasting (MIB), Medical Council of India (MCI) etc. It’s highly motivating to see such developments and this partnership has widened ASCI’s scope for complaints.”

     

    While the operational aspects of this collaboration between DoCA and ASCI is being worked upon, DoCA has requested ASCI to flag off  advertisements that are in clear violation of the law (e.g. claims regarding cure of diseases such as diabetes, cancer, sexual impotence, leucoderma (white spots), paralysis etc. covered under the Drugs and Magic Remedies Act). This would enable prompt action against such non-scrupulous advertisers and protect consumer interest.