ITV

Tag: ASCI

  • ASCI upheld complaints against 68 out of 108 ads

    ASCI upheld complaints against 68 out of 108 ads

    MUMBAI: In March 2014, Advertising Standards Council of India’s (ASCI) Consumer Complaints Council (CCC) upheld complaints against 68 out of 108 advertisements. Advertisements in personal and healthcare sector category again emerged as the category which accounted for a majority of advertisements against which complaints were upheld.

     

    The CCC found the claims in health and personal care product or service ads of 44 advertisers, released in the press 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 ads also contravened provisions of the Drug & Magic Remedies Act. Complaints against the ads like Hindustan Unilever’s Vaseline Healthy White Lotion showing exaggerated claims of ‘instant whitening’ on skin, Zydus Wellness claims that Everyuth Fairness Peel off to be India’s first intelligent delivering whitening technology that targets melanocytes to give unmatched fairness were upheld.

     

    Other complaints included Wipro (Glucovita Bolts) claims that Glucovita has iron and glucose which gives energy to the body and brain in 10 seconds. Hamdard Laboratories India product claims to be a herbal vitalizer for men.

     

    As for the education category, the CCC found claims in print ads by 14 different advertisers that were not substantiated and thus, violated ASCI guidelines for advertising of educational institutions and hence the complaints against these ads were upheld.

     

    For instance, DAV Institute of Engineering & Technology claims that it has ‘100 per cent placement track record of eligible students with highest offered pay package of Rs 5.65 lakh per annum, fourth top engineering college in Punjab as per CSR-GHRDC survey, 34th rank amongst private colleges of the country as rated by electronics for You magazine, 39th rank in top engineering colleges of excellence in India as per CSR-GHRDC survey and 66th rank in top engineering college of India as per Data Quest magazine.   

     

    In the food & beverage category, Cadbury India’s 5 star advertisement shows ‘a lady giving birth to a baby who is laughing. The voiceover says that the babies used to be laughing while being born in earlier days and later they started crying at childbirth due to a disease called seriousness. So eat 5 star to become jovial again.’ The CCC concluded that the frames in the TVC showing the process of child birth are gross and offensive.  The advertisement contravened Chapter II of the Code.  The complaint was upheld. The advertisement had received 21 such complaints against it.

     

    Other advertisements and claims which were upheld included the likes of CNBC TV18. The advertisement claims that, ‘CNBC-TV18 was the only channel India watched, during FM’s speech’ by relying on TAM rating of the day part 11:10 am until 12:06 pm. This claim of Network18 for its channel is completely misleading, factually incorrect, unsubstantiated and even disparaging to the other news and non-news channels including Network18’s competitor channels and ET Now. Network18 stated that according to TAM data, with the criteria- CS AB Males 25+, All India of 17 February 2014, the market share during the day part 11:10 am to 12:06 pm (‘Day Part’) was 100 per cent.  When calculating the TAM rating for the day part, we observed that Network18 had a share of 86 per cent which is in complete contradiction to what Network18 claimed in the Advertisement-1 and, ET Now had a share of 14 per cent, during the said day part, which clearly proves that Network18 was not the only channel that India watched during the FM’s speech as claimed by them.  TVTs garnered by ET Now during the aforementioned day part were 0.290, as against Network18 which garnered 1.680 TVTs.  Thus, it is very clear that ET Now also had viewership during that day part, which Network18 falsely and with mala-fide intention reduced to 0 per cent in the said Advertisement-1. Claim ‘as being the only channel watched’ is misleading to the viewers as there are 242 channels which had some amount of viewership ranging from 2,000 to 510,000 viewers in the Males 25+ SEC AB TG, out of which, 110 channels in that Day Part  had a higher reach than the Channel of Network18.  In the absence of comments from the Advertiser, the CCC concluded that the claim, ‘CNBC-TV18 was the only channel India watched, during FM’s speech’, was not substantiated and was considered to be misleading. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code.  The complaint was upheld.  

     

    Click here for full report

  • ASCI refreshes its management team

    ASCI refreshes its management team

    MUMBAI: The Advertising Standards Council of India (ASCI), the self-regulatory organisation of advertising content and protecting the interest of consumers in India has announced the retirement of ASCI secretary general Alan Collaco, effective 30 May. Shweta Purandare has been named as the successor. She will start her new role from 1 June. The council has also announced the appointment of Ashutosh Geedh as its chief administrative officer.

     

    Purandare has over 22 years of industry experience and was earlier associated with some of the eminent companies such as Cipla, Merind, P&G and L’Oreal. She has been actively associated with ASCI as the chief operations officer since the past one year. In her new role, she will continue to handle consumer complaints process. In addition, Purandare will be leading marketing, public relations and social media initiatives for ASCI.

     

    Ashutosh Geedh who will be joining as chief administrative officer will take charge from 5 May. He has done his MBA from the Asian Institute of Management, Manila. His experience spans over 19 years in companies such as Patni Computers, LIC, Securex Capital Advisors and Towering Heights Telecommunications. In his new role, Geedh will broadly be responsible for administration, finance and accounts, HR, legal, I.T. and internal and external Communication. He will report to the secretary general.

     

    ASCI chairman Partha Rakshit said, “Alan will be greatly missed by ASCI members for his tremendous commitment to excellence. While we are indebted to him for his exemplary service to ASCI’s mission, we are also confident that his successor, Shweta, will demonstrate strong leadership skills and analytical insights, further supporting the association’s vision and mission.”

     

    “Also, the appointment of Ashutosh will further strengthen the association’s operations, thereby ensuring seamless functioning across various departments and external bodies,” added Rakshit.

     

    “I am grateful to the ASCI team for offering me the desired platform to get associated with India’s largest self-regulatory voluntary organisation of the advertising sector. I am deeply honoured to have had the opportunity to be in the core team of ASCI, supporting the association’s vision of protecting the interests of the consumers,” concluded Collaco. 

  • Self-regulation is fine, but there is a need for govt backing: Parida

    Self-regulation is fine, but there is a need for govt backing: Parida

    NEW DELHI: Even as it acknowledges the role of self-regulation in curbing misleading advertisements, the government feels there is a role for powerful execution backed by a government authority.

     

    Consumer Affairs Ministry joint secretary Manoj Parida said that the Advertising Standards Council of India (ASCI) should have ex-officio members as part of its consumer complaint council meetings.

     

    At the outset, Parida said an advertisement is one that ‘gives casual leave to human intelligence’. Addressing a round-table on the subject of misleading advertisements organised by the Federation of Indian Chambers of Commerce and Industry (FICCI), he said the biggest problem in India was the low rate of literacy which resulted in the average consumer falling for any promises made through advertisements.

     

    While he acknowledged the role of the ASCI, he said it was a ‘friendly organisation’ of a few business houses. He said this was why self-regulation had not worked very well. There is a need to create an army of ‘ad monitors’.

     

    Even the courts have suggested setting up of an inter-ministerial committee for the purpose of checking misleading advertisements, he noted. He said the newly-formed inter-ministerial monitoring committee which is being constituted with the sole aim of monitoring misleading advertisements for protecting consumers could serve as the missing executive arm to ASCI. The committee will monitor misleading advertisement and unfair trade practices and suggest steps accordingly, he added.

     

    He noted that one major lacuna in the Consumer Act was that it only gave judicial remedy and therefore many consumers did not complain as court processes take much longer and there is no consumer protection agency.

     

    He also said there was need to put more money into creating consumer awareness.

     

    Elaborating on the role of ASCI and its future plans, ASCI Chairman Partha Rakshit said the council had been working since 1985. Since the Information and Broadcasting Ministry had given it recognition for hearing complaints, any direction given by it through the ministry’s IMC also applied to non-members. The ASCI worked on the three principles of honesty, decency and fairness.

     

    It was also incorrect to say that it only worked through friends since its Consumer Complaint Committees (CCC) had members of the civil society as well and the complaints were therefore heard by laymen. There were two CCC meets every week, each having around 14 members.

     

    In any case, two-thirds of the advertisements that appeared in the media were given out by ASCI members, though he admitted that this may work out to just around ten per cent of the companies in the country. He claimed that there was 85 per cent compliance with ASCI directions. He stressed that ASCI does not always wait for complaints and also takes suo motu action and some ads are suspended even before telecast.

     

    He said the bulk of countries around the world worked through self-regulation and India was no exception. Its 350 members included advertisers, advertising agencies, media and consultants.

     

    He said there was need to obtain legal authority for enforcing compliance of ASCI decisions by the print media, since the Cable TV Networks Regulation Act 1995 took care of TV.

     

    ASCI plans to cover print and social media (in internet) more extensively and Google and Yahoo had already come on board. It is also launching an online training programme on ASCI regulations targeted at young copywriters, agency executives and product managers in manufacturing/service companies.

     

    Speaking on consumer rights and remedies with regard to misleading advertisements, Germany’s GIZ consumer policy & protection Ruth Anna Buettner said that misleading and unfair practices were a global phenomenon. She added that the purpose of regulation should be proper functioning of markets and protection of individual consumer, mainly his contractual rights. Worldwide there are two ways of enforcement, one via public authority the other via courts, both accompanied by self-regulation institutions.

     

    Deliberating on the regulatory framework for misleading advertisements, Aazmeen Kasad and Law Practice Consultant owner Aazeen Kasad  said that to keep a vigil on the increasing incidents of misleading advertisements, the Central Consumer Protection Council (CCPC), apex body for consumer protection in India, has recently decided to draft guidelines to safeguard consumer interest from false advertisements in the country and set up a sub-committee to suggest strategies to deal with celebrity endorsements.

     

    FICCI FMCG Committee chairman & ITC ED Kurush Grant said all stakeholders – the NGOs and consumer forums, industry, self-regulatory body and the government – had unanimously agreed to work towards similar solution of empowering self-regulation. FICCI would work closely with ASCI and the Ministry of Consumer Affairs to tackle the menace caused by misleading advertisements.

  • ASCI upheld 99 complaints against 136 advertisements

    ASCI upheld 99 complaints against 136 advertisements

    MUMBAI: In the month of February, Advertising Standard Council of India’s (ASCI) Consumer Complaints Council (CCC) upheld 99 out of 136 advertisements. What is interesting that this time around, along with the product advertisements, product packaging was also found misleading in many of the products upheld in the second month of the year.

     

    In the health and personal care category, the CCC found claims in product or service ads of 80 advertisers, released in the press 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 ads also contravened provisions of the Drug & Magic Remedies Act. Complaints against some of the ads which were upheld are: Dabur India’s Fem Fairness Natural Bleach claims that ‘everyone’s desire for fairness will be fulfilled’. ‘The saffron in it gives a glowing skin for long time’. Colorbar Eye Believe Ultimate Eye Cream advertisement says that ‘Why women love Ultimate Blemish Corrector? 92% women saw a visible lightening of under-eye circles* Super: *Based on internal consumer study.’

     

    Also, Eureka Labs’ ‘Health Enhancer Capsule claims that it ‘sures digestion process, increases hunger’, ‘develops body and makes it energetic’,  ‘makes body fit and healthy’,  ‘helpful for increasing height in kids’, ‘patent ayurvedic medicine.’ Marico’s logo “International Hair Research Certified” appearing in the TVC is misleading by implication that the product has been endorsed by some institute, this claim was not substantiated. Also the source & date for the claim is not indicated in the TVC.

     

    In all, complaints were upheld against 80 ads in the category.

     

    The CCC found claims in print ads by five different advertisers were not substantiated violating the ASCI Guidelines for Advertising of Educational Institutions and hence the complaints against the ads were upheld. For instance, Guru Gobind Singh Indraprastha University’s advertisement claims that it is accredited A grade by NAAC (National Assessment and Accreditation Council). 

     

    For Food & Beverages category, the CCC concluded that the claims mentioned in the six advertisements were not substantiated.  The advertisements contravened ASCI’s Code.  The complaints were upheld for Marico’s advertisement of ‘Saffola Total’ claim that it is better than Olive Oil. Saffola Total has started an all-out attack on olive oil. The ad appears even after the recent ban on the adverts of Saffola Total, denigrating olive oil. Similarly, the pamphlet of The Pizza Hub offered a 50 per cent discount only for that day. However, on calling to order, the complainant was told that the offer was only on certain pizzas. This wasn’t mentioned anywhere in the pamphlet, nor was there a generic disclaimer such as ‘terms and conditions’ apply.

     

    Click here for the full report

  • ASCI shortens its complaint redressal to 12 days

    ASCI shortens its complaint redressal to 12 days

    MUMBAI: Tired of waiting? Well, now you won’t have to. The advertising content self-regulatory body, the Advertising Standards Council of India (ASCI) will now deliver its Consumer Complaints Council’s (CCC) decision on a complaint against an objectionable advertisement within a span of on an average of just 12 days from the date the complaint is received.

     

    ASCI’s chairman Partha Rakshit said, “ASCI’s effectiveness and credibility as an advertising self-regulatory organisation has increased several fold with speedier redressal of complaints and high compliance of its CCC’s decisions by advertisers. Regulatory bodies like MIB, DCA, FSSAI and FDA now recognise and support our self-regulation work with the inclusion of the ASCI in the Inter- Ministerial Monitoring Committee formed to review misleading ad content.”

     

    With the public and regulators demanding that  ads which are a) misleading or make false claims, b) indecent , c) showing hazardous activities and d) unfair to competition should be promptly removed or modified , ASCI has taken effective action to reduce  the complaint processing turnaround time from 45 days two years back to just 12 days on an average currently.

     

    Some of the actions taken by ASCI to achieve this unparalleled turnaround time are:

     

    1) From monthly meetings two years ago, the CCC now meets weekly by having two CCCs instead of one earlier and total number of CCC members moving up from 21 to 28.

     

    2) The turnaround time taken at ASCI to process the complaint and time provided to the advertiser to respond to the complaint has been significantly reduced with the use of email and technology.

     

    3) Intra industry complaints among ASCI members are being resolved in just seven days via Fast Track Complaint (FTC) process which was introduced in 2012. FTC, which handled 30 complaints in 2013-2014 has been very popular among ASCI members who are seeing real time and cost savings by not taking the matter to the courts on intra industry ad content disputes.

     

    4) In the recent past ASCI also introduced ‘Suspension Pending Investigation’ (SPI) by which ASCI can order an extremely objectionable ad to be removed immediately pending investigation and decision of the CCC.

     

    Under its National Advertising Monitoring Service (NAMS), ASCI has also started tracking in print and on TV of all ads against which complaints have been upheld. And results show that over 90 per cent of such “upheld complaints” ads do not reappear or are appropriately modified.  ASCI has now started reporting non-compliant upheld ads (i.e. upheld ads which reappear) to regulatory authorities such as the Ministry of Information & Broadcasting (MIB), the Drug Controller General of India (DCGI), the Medical Council of India (MCI), the Ministry of Health and Family Welfare, and the Food Safety & Standards Authority of India (FSSAI) for taking action as per the law of the land.

     

     The faster complaint turnaround time and improved compliance upheld complaint decisions by ASCI has taken place at the same time when number of complained ads processed by ASCI has increased more than 10 times. In 2011-2012 number ads processed by ASCI were 176 which post the NAMS initiative in 2012-2013 increased to 784 and for April 2013 to February 2014 period (11 months), ASCI has handled complaints against 1833 ads.

  • ASCI upholds complaints against 87 out of 108 advertisements

    ASCI upholds complaints against 87 out of 108 advertisements

    MUMBAI:  For the month of December 2013, Advertising Standards Council of India’s (ASCI) Consumer Complaints Council (CCC) upheld complaints against 87 advertisements.

     

    Health & Personal Care category continued to lead with the highest number of complaints received in that month. In the category, the CCC found that 65 advertisements, released in the press 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 ads also contravened provisions of the Drug & Magic Remedies Act.

     

    The complaints upheld include: Ranbaxy Laboratories claim that by consuming Ranbaxy Garlic Plus every day is more effective than eating raw garlic or cooked. Dr Batra’s Homeopathic Clinic claims that it is ‘Awarded as India’s only Trusted Brand in Homeopathy – Brand Trust Report – 2013.’ Clarins White Plus claims that ‘After 4 weeks, Asian women testing this product saw the following results: 91 per cent Less yellowish skin tone, 87 per cent more even and clearer complexion, 87 per cent improved rosy luminescence’ super: satisfaction test, 53 Asian women, 4 weeks.’

     

    Johnson & Johnson (Johnson Baby Soap) claims Saumyata ke 12 tests. Dabur India’s Fem Bleach Cream claims that is ‘the first dermatologically tested bleach’, among others.

     

    In the Food & Beverages category, the CCC concluded that the claims mentioned in the eight advertisements were not substantiated.  The advertisements contravened ASCI’s Code.  The complaints were upheld for Cadbury Choclairs claim that this chocolate does not stick in your teeth. They changed their name from Cadbury eclairs to Cadbury choclairs claiming the chocolate does not stick, Haldiram Salted Peanuts claims that the pack shows, a whole nut which is white and large in size, which appears to be export quality. Whereas the packet contains cut pieces and roasted half nuts, etc.

     

    Bajaj Electricals: Bajaj CFL bulbs shows poor lighting, hides skin fairness of a girl who has to meet a potential suitor the next day.  The ad denigrates women based on the colour of the skin of the girl. The complaint was upheld in the Consumer Durables category.

     

    In the year 2013, ASCI introduced various initiatives ensuring quicker and stronger actions against all advertisements violating its code.  The National Advertising Monitoring Service (NAMS) helped the self-regulatory body to cast its net wide on the defaulting advertisers, and Online Complaint and Monitoring Service (OCMS) made it convenient and faster for consumers to file complaints against misleading advertisements.

     

    In addition, ASCI also launched online monitoring of ads to track advertisements in the online space and also introduced Suspension Pending Investigation for taking quick action against those advertisements whose continuation may be against public interest. These initiatives resulted in a five-fold increase in the number of complaints.

     

    In 2013, the CCC decided on 1842 complaints out of which 1477 were upheld. Out of these misleading advertisements, approximately 40 per cent were the education sector advertisements and 36 per cent from the personal and healthcare category.

     

    Click here for full report

  • ASCI upholds complaints against 57 out of 65 advertisements

    ASCI upholds complaints against 57 out of 65 advertisements

    MUMBAI: For the month of November 2013, the Advertising Standards Council of India (ASCI) upheld complaints against 57 out of 65 advertisers.

     

    As usual, the health & personal care category continued to lead with the highest number of complaints received.  A number of complaints were upheld for online advertisements as well.

     

    The ASCI’s Consumer Complaints Council (CCC) concluded that the Facebook advertisement of Stayzilla.com of Inasra Technologies shows an indecent depiction of a woman and objectifies women, which is likely in the light of generally prevailing standards of decency and propriety, to cause grave or widespread offence.  The ad contravened Chapter II of the ASCI Code and hence the complaint was upheld.

     

    The advertisement of website of 99acres.com clearly states ‘no Muslim is allowed’. The CCC concluded that the website advertisement promotes discrimination based on religion and contravened Chapter III.1 (b) of the Code.  The complaint was upheld.

     

    The CCC found the claims in health and personal care product or service ads of 44 advertisers, released in the press 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 ads also contravened provisions of the Drug & Magic Remedies Act.

     

    The Himalaya Drug Company’s Himalaya Sparkling White Toothpaste claims that it is ‘India’s first toothpaste with no chemical bleach’. Pack claims that they guarantee ‘whiter teeth in just 2 weeks.’ The complaint was upheld.

     

    Similarly, complaints were upheld for Marico’s Nihar Shanti Amla Hair Oil claims to ‘keep hair black for a long time’, HUL’s new Close Up Deep Action Toothpaste claim was not substantiated ‘Confidence of Fresh breath till 12 hours, presenting new Close-up Deep Action’ and Ranbaxy Laboratories’ Revital claim of ‘21 day money back guarantee challenge’, amongst others.

     

    The CCC concluded that the claims mentioned in advertisements in the food and beverage category were not substantiated.  The complaints were upheld for Pizza Hut wherein the hoardings state that ‘Rs 99 on any meal any day.’ This is not factually true.

     

    United Biscuits Mcvitie’s Digestive Biscuit claims that ‘Every biscuit has ‘Maida’ (Wheat Flour), whereas their biscuits have ‘Atta’ (whole wheat flour). The content of the biscuits says that it also contains 36 per cent ‘maida’ (wheat flour) and only 23 per cent ‘Atta’ (whole wheat flour). Hence their claim is totally misleading that their biscuit is made of ‘Atta’ (whole wheat flour).’

     

    In the auto category, the CCC found following claims in TVC by two different advertisers violated Chapter III.3 of the ASCI guidelines on advertisements for automotive vehicles and hence the complaints against the ads were upheld: Maruti Suzuki India’s Maruti Alto 800 TVC shows ‘a couple celebrating Diwali and when asked about the extra diya, the wife says it is for her parents who stay far away. And they travel with the diya in the car and reach the house. The wife says surprisingly the oil in the diya is intact and the husband agrees whilst looking at the dashboard’. The advertisement sends a dangerous message of carrying an oil lamp in the car. It flouts the safety rules and spreads a dangerous message. Also, a TVS Star City commercial shows a woman pillion riding without a helmet.

     

    Click here for full report

  • ASCI asks P&G to withdraw or modify Oral B ad

    ASCI asks P&G to withdraw or modify Oral B ad

    MUMBAI: The Advertising Standards Council of India (ASCI) has asked Proctor & Gamble (P&G) to withdraw or modify its Oral-B advertisement campaign for violating ASCI’s advertising code. Acting on a complaint against the print and TV advertisement, the ASCI noted that the claim of “9 out 10 dentists agree that Oral B – Pro Health is the best toothpaste in India” was misleading as it was based on a faulty survey. ASCI upheld the complaint against the advertisement as it contravened Chapter 1.4 of the advertising code.

     

     

    ASCI said, “The claim of ‘9 out 10 dentists agree that Oral B – Pro Health is the best toothpaste in India’ based on Dentists survey conducted by A C Nielsen in 2013, was considered misleading as the design of the survey itself was faulty. This was a survey conducted of a captive audience attending Oral B launch conference and post one trial-brushing. The Advertiser has been asked to withdraw or to modify appropriately the said TVC and the print Ad by 23rd January 2014.”

     

     

    Indian Dental Association (IDA) hon general secretary Dr Ashok Dhoble said, “While exaggeration in advertising is widespread today, it is important that advertisers do not mislead the public with false claims. Any claim found to be false and misleading not only reflects poorly on the advertiser, it can deceive general public.”

     

    He added, “The IDA is the apex body of dental professionals in India with over 100,000 dentists as members and we are disappointed that a leading advertiser like P&G used faulty research to make false claims about its recently introduced toothpaste brand, Oral-B. The ad not only misguides the public but also misrepresents the views of the dental profession in India. Such deceptive and unethical practices should be avoided.”

     

     

    The Advertising Standards Council of India (ASCI) is a self-regulatory council, which sets advertisement standards for the industry.

  • Centre gets notice regarding broadcast media regulation

    Centre gets notice regarding broadcast media regulation

    MUMBAI: The debate regarding the need of an external body to govern broadcast media has been raging since long. It has now reached the Supreme Court via a public interest litigation (PIL) filed by NGO Mediawatch.

    The SC has taken cognisance of the PIL seeking the establishment of an independent regulatory body to overlook broadcast media and issued a notice to the centre regarding it. The News Broadcasters Association (NBA), Association of Radio Operators for India (AROI) and the Advertising Standards Council of India (ASCI) have also been asked to submit their responses.

    The order was passed by a bench headed by chief justice P Sathasivam stating that the body is needed as the centre had failed to regulate content for the medium.

    The petition said: “For the last one and a half decades, the Ministry of I&B is perpetuating virtual anarchy in the realm of broadcast media regulation. Especially on the content regulation front, its broadcaster-appeasing and wait-and-watch policies marked by sheer ad-hocism and indifference to viewers’ interests are adversely affecting the rights of millions of broadcast media consumers. The Ministry as content regulator had failed completely in protecting the interests and basic rights of the audience. It has not constituted sufficient infrastructure and resources to ensure quick decision-making against offending channels and also not imposing deterrent penalties as provided by law.”

    The bench agreed to hear the PIL and clubbed it with a similar pending petition. The SC had on 29 November asked the Ministry of Information and Broadcasting, Ministry of Law and Justice, Ministry of Communications and IT as well as the Press Council of India to respond to the PIL asking for guidelines to regulate TV content.

  • ASCI upheld complaints against 177 out of 201 ads

    ASCI upheld complaints against 177 out of 201 ads

    MUMBAI: In July 2013, ASCI’s Consumer Complaints Council (CCC) upheld complaints against 177 ads. Most of the misleading ads were from the education sector and promising 100 per cent job placements was one of the recurring unsubstantiated claims made by the advertisers. This was followed by health and personal care category.

    The CCC found following claims in print ads by 94 different advertisers were not substantiated violating the ASCI Guidelines for Advertising of Educational Institutions and hence the complaints against ads by International Marine, Sri Balaji Education & Charitable Trust – Rajiv Gandhi College of Engineering &Technology, National Institute of Event Management, Marine Engineering Training Institute, among many more were upheld.

    Complaints were upheld because of unsubstantiated claims that they ‘provide 100 per cent placement/and/or they claim to be the no.1 in their respective fields’ by the institutions.

    In the second category, health and personal care product or service, the CCC found the claims in ads of 52 advertisers, released in the press to be either misleading or false or not adequately/scientifically substantiated and hence violating Chapter I of the ASCI Code. Some of the health care products or services ads also contravened provisions of the Drug & Magic Remedies Act.

    For instance, the TVC of  L’Oreal’s Garnier’s Pure Active Neem Face Wash claims that it is ‘enriched with real Neem’ and it is ‘the first ever face wash that removes pimples and marks’.  Rich Feel Trichology Centre claims  that they are ‘world‘s first hair thinning treatment with plant stem cell extracts , reduces hair fall , restores hair regeneration and increases hair growth’.   

    Other examples were of Ponds Age Miracle in print advertisement claiming ‘Look up to 10 years younger with disclaimer in small print ‘With regular use’. Nivea for Men Dark Spot Reduction in TVC claimed that the face wash has a 10X formula that removes dark spots and gives a spotless face

    In the consumer durable category, the CCC concluded that the claims mentioned in these six advertisements and cited in the complaints below were not substantiated.  The advertisements contravened Chapter I of the Code. For example, HUL’s PureIt Water Purifier in its TVC claimed that the ‘Use of PureIt and save money on three gas cylinders in a year’.

    Complaint against Tata Teleservice ad was upheld as the CCC concluded that the claim, “Unlimited 3G data for Rs 250”, was misleading as the disclaimer mentions that “3G data would be upto 1 GB only”.  The advertisement contravened Chapter I.4 of the ASCI Code. The super that appeared in the TVC was not clearly legible, thus contravening the Regulations of ASCI’s minimum lettering size of supers.

    In the media sector, the CCC concluded that the claims made by Bennett Coleman & Co E-Samay has a circulation of over three Lakhs as of April 2013 in Kolkata’, ‘It retained more than 85 per cent after changeover from subscription to cover price’, ‘The paper is now the undisputed Number two Bengali daily’ were not adequately substantiated and were misleading. The advertisement contravened Chapters I.1, I.2 and I.4 of the Code.  The complaint was upheld.

    On the happier note, the newly launched consumer friendly website from ASCI has also shown encouraging results as almost 25 per cent of the total complaints were registered through the Online Complaint and Monitoring Service (OCMS). With this new service, consumers can now lodge complaints through the new ASCI website, ASCI Facebook page, email, smartphones, toll free telephone or regular post.  Going forward, OCMS is going to play a crucial role in delivering transparency and speedy resolution of consumer complaints.