Tag: ASCI

  • ASCI appoints Partha Rakshit as the new chairman

    ASCI appoints Partha Rakshit as the new chairman

    MUMBAI: Partha Rakshit Associates’ proprietor Partha Rakshit was unanimously elected as the chairman at the board meeting of The Advertising Standards Council of India (ASCI).
    ASCI’s biggest task in the coming year is to more vigorously disseminate ASCI’s guidelines through training programs believes Partha Rakshit

    The incoming chairman, Partha Rakshit said, “The last couple of years have seen a sea change in ASCI’s approach to self regulating advertising content. Earlier, we acted primarily on complaint received by the public. In May 2012, ASCI setup NAMS, a system of monitoring all new TV and print ads released across India, where trained professionals screened each ad to assess whether it meets ASCI’s code on honest and ethical advertising. This pro-active step has enlarged ASCI’s role as a self regulatory body manifold. I believe ASCI’s biggest task in the coming year is to more vigorously disseminate ASCI’s guidelines through training programs to the advertisers and ad agencies who create the ads and to media who release them, so that the proportion of new ads that meet ASCI’s standards is high at the stage of release itself. ASCI will also liaise more closely with regulators to ensure that ads which do not comply with CCC’s upheld complaint decision are acted upon as per the law of the land”.

    The outgoing chairman of the association, Arvind Sharma said, “Last year has been a very eventful year for ASCI. The NAMS Initiative which has seen a fivefold increase in the Ads complained against (from 177 to 788) has won ASCI the prestigious EASA Silver Award for Best Practices. The CCC now meets every week and approx complaints against 200 Advertisements are deliberated upon every month. Set up of the Online Complaints and Monitoring Services (OCMS) in the new look ASCI website also has started getting complaints against ads coming in from consumers in large numbers. ASCI has also introduced Suspension Pending Investigation where an Advertiser is asked to suspend an Ad immediately pending investigation when that Ad appears to be in serious breach of the Code.’

    Agro Tech Foods director Narendra Ambwani was elected as the vice-chairman; and Mediabrands CEO Shashidhar Sinha was appointed the Honorary Treasurer.
    The other members of the new Board of Governors are: Hemant Bakshi (Hindustan Unilever), Shantanu Khosla (Procter & Gamble Hygiene & Health Care), Jayant Singh (Glaxo SmithKline Consumer Healthcare) from the advertisers, Rajan Anandan (Google India), Sunil Lulla (Times Television Network), Benoy Roychowdhury (HT Media), I. Venkat (Eenadu) from the media industry and the likes of Subhash Kamath (BBH Comms India), Arvind Sharma (Leo Burnett), Srinivasan Swamy (R.K. Swamy BBDO). Allied Professions: Dilip Cherian (Perfect Relations), S.K. Palekar (S.P. Jain Institute of Management), Abanti Sankaranarayanan (CIABC) from the advertising agencies.

    During the year 2012-13, the Consumer Complaints Council (CCC) met 24 times and considered 3007 complaints against 788 advertisements. Of these, complaints against 642 ads were upheld, while 144 were not upheld and 2 were considered non-issues. In 590 cases, the complaint upheld ads have been voluntarily withdrawn or modified as per the CCC’s decisions resulting in over 91% compliance rate.

  • ASCI launches a new online experience

    ASCI launches a new online experience

    MUMBAI: The Advertising Standards Council of India (ASCI) has launched a newly designed website www.ascionline.org and aims to be more user-friendly.

    The website incorporates an Online Complaint and Monitoring Service (OCMS) which hopes to deliver transparency and speedy resolution of complaints.

    Commenting on the new ASCI website and OCMS launch, ASCI chairman Arvind Sharma said, “The new website through its attractive yet simple construct makes it easier for consumers, activists, regulators and industry members to actively participate in ASCI‘s advertising self- regulation process. We also hope that the new facility to track their complaints online will further drive all stakeholders’ confidence in ASCI.”

    With the introduction of the OCMS, consumers will now be able to lodge complaints via the new ASCI website, the ASCI Facebook page, email, smartphones, toll free telephone or regular post. Irrespective of how consumers complain, they will receive a complaint tracking number which will help them track the exact status of their complaint on the new ASCI website. Additionally, if they so choose, they can receive regular updates on the status of their complaints via email and/or SMS.  

    ASCI’s members will get significant added advantage from the introduction of the OCMS. They are provided with a unique individual login id and password for their OCMS account on the new ASCI website. This will give them a single window to lodge regular and Fast Track complaints or seek Advertising Advice. They can also track the consolidated details of complaints lodged by them and against them. Irrespective of whether they complain online or offline, they will receive a Complaint Tracking number which will help them track the exact status of their complaint via their OCMS account on the new ASCI website. Additionally, if they so choose, they can receive regular updates on the status of their complaints via email.

    Non- members of ASCI can also avail of the benefits of the OCMS on the new ASCI website, although their benefits vis-?-vis ASCI Industry Members are limited to lodging and tracking complaints.

  • ASCI upholds complaint against 144 ads in June 13

    ASCI upholds complaint against 144 ads in June 13

    MUMBAI: The Consumer Complaints Council (CCC) of the Advertising Standards Council of India (ASCI) has upheld complaints against 144 out of 174 advertisements in June.

     

    The category leading the pack of misleading ads was health and personal care category followed by education sector. For the first time ever, ASCI has also tracked and upheld complaints against four online advertisements,   out of which one is an advertisement of Hindustan Unilever on the YouTube.

     

    The CCC found two ads violating Chapter III 1(b) of the ASCI Code as they deride colour of the skin in the digital space. The complaints were upheld against HUL’s Ponds BB Cream which is titled ‘The Future of India’ and goes on to talk about various benefits of the product and how women yearn to have fair skin and Emami Fair and Handsome cream ad which shows a flow chart depicting various problems such as inferiority complex, not good looking, etc. affecting dark skin colored people.

    In the health and personal care product or service category, the CCC found that claims of 58 ads released in the press is 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.

     

    The complaint against HUL’s Sunsilk Perfect Straight ad that shows a girl packing/selecting all her hair straightening equipment and her friend telling her about a shampoo that can keep the hair perfectly straight after attending a gym session, party or even in other situations’  has been upheld for misleading the customers.

     

    Another one making to this list is Johnson’s Baby Natural Massaging Oil advertisement. The ad claims that the ‘oil helps in 47 per cent more weight gain.’ Similarly, Dabur’s Fem Turmeric Herbal Bleach claim of it being a ‘herbal, mild and ammonia free bleach’ and  Zee Laboratories’ advertisement of Virgin Again Gel claiming that the ‘Vagina tightening and rejuvenating gel improves muscle tone’ complaints have been upheld.

     

    Livon Hair Gain Tonic in their print ad claiming ‘Increase hair growth with the latest hair gain formula- Livon Hair Gain Tonic’ is another one making to the list of products being upheld.

     

    The Himalaya Complete Care Toothpaste TVC begins with a message depicting importance of the `anti-oxidant’ having health benefits. The commercial which communicates that anti-oxidant not only kills the germs but also removes toxins and further strengthen the gums and teeth and then, ultimately, concludes with a message that it is much more than gum protection was upheld too.

     

    Second in lead was the education category wherein CCC found 57 different advertisers in print violating the ASCI guidelines for advertising of educational institutions and hence the complaints were upheld.

     

    Eight complaints were upheld in the consumer durables category with brands like Godrej, Samsung, Microtek etc.

     

    In the telecom category, the advertisement of Tata Docomo Network showing a husband quietly eating a pizza at night when the Tata Docomo signature sound starts playing in the background. A voice over that starts ‘When you are enjoying your pizza, think of us because leading pizza chains use our network. So, are you on the network that is everywhere?’ The CCC viewed the TVC and concluded that the claim, ‘leading pizza delivery chains  use Tata Docomo network’, was not substantiated as the support was provided only for one chain i.e. Pizza Hut.   The advertisement contravened Chapter I.1 of the Code.  The complaint was upheld.

     

    Complaints against Bennett Coleman & Co. Ltd, CNBC Awaaz and Punjab Kesari were upheld in the media category.  

     

    Other categories against which complaints were upheld were auto, food and beverage and many other.

     

    ASCI, through the National Advertising Monitoring Service (NAMS), has already started post tracking of advertisements in print and TV against which complaints are upheld.  Initial tracking results show overall there is 90 per cent compliance from advertisers on ASCI’s decisions.

  • Forty complaints relating to ads of health and personal care apart from education upheld by ASCI

    Forty complaints relating to ads of health and personal care apart from education upheld by ASCI

    NEW DELHI: Even as the Information and Broadcasting Ministry has stepped up its action against advertisements making misleading claims, the Advertising Standards Council of India the health and personal care sector leads with a whopping 52 per cent ads (148 out of 287) complaint upheld in the first four months of 2013.

    ASCI’s Consumer Complaints Council (CCC) upheld complaints against forty advertisements relating to health, personal care, and education.

    With the Ministry increasingly referring ads to it as part of a self-regulatory process, ASCI is proactively strengthening its awareness to cover ads in every media form.

    For the first time in April, ASCI received and upheld a complaint against an SMS ad sent out by Hardcastle Restaurants for McDonalds.

    The CCC found several claims in the Health & Personal Care product or service ads released in (newspapers) the press to be either misleading or false or not adequately/scientifically substantiated and violating Chapter I of the ASCI code. Some of the Health Care products or services ads also contravened the provisions of the Drug & Magic Remedies Act and complaints against them were upheld.

    • Naaz India Company: Naaz Fat Cut Granuals in their advertisement claimed that they are a ‘new invention regarding obesity‘, ‘result of 10 years of hard work of doctors‘, ‘no side effects on body‘, ‘body does not become over weight or underweight‘, ‘skin becomes tighter, youthful, beautiful &doesn‘t loosen again‘, ‘stomach becomes flat for sure‘, ‘government recognized medicine‘, ‘expert doctors of Naaz India health care company have made Naaz cut granules for complete fat reduction & it is approved by Government Ayurveda department of India‘.
    • Sagar Dispensary‘s advertisement claimed that ‘Dr. S.A. Ali is an expert in STD‘. ‘Treats patients with problems like less sperms, impotence & provides complete and permanent cure‘, ‘our successful treatment has cured lakhs of disheartened patients and given them new life‘.
    • Anant Clinic‘s advertisement claimed that it ‘provides successful cure of male infertility‘, ‘internal weakness‘, ‘premature ejaculation erectile dysfunction‘, ‘childlessness‘, ‘skin disease‘, ‘psoriasis and tumour in breast‘.
    • GM Pharmacy: Sadabahar Sugar Free‘s advertisement claimed that ‘Sadabahar sugar free is a diabetes killer powder‘, ‘most effective medicine in diabetes‘.
    • Nature Green Herbal Care‘s advertisement claimed that, ‘it increases time of your sexual activities‘, ‘made with miraculous desi herbs‘, ‘100 per cent result, and no side effect‘.
    • Herbal Icon India: Trugesic‘s advertisement claimed that it ‘helps to get rid of kidney stones in just 9 day course‘, ‘magical ayurvedic medicine‘.
    • Alshifa Churna‘s advertisement claimed that it gives ‘result in 10 days of extra fat reduction on stomach‘, ‘gets you relief from constipation, sugar, high blood pressure, gas, acidity and piles without operation‘.
    • Sarkar Dispensary‘s advertisement claimed that it ‘is the Best Ayurvedic clinic of 2011‘
    • NCP Herbal: Sovolin Ayurvedic‘s advertisement claimed that it ‘gives soft, smooth and silky skin with the touch of Sovolin which other cannot give‘.
    • IPSA Labs: Eraser Ayurvedic Skin Cream‘s advertisement claimed that it ‘is a mixture of 8 essential herbs which removers every kind of spots from your face and skin‘.
    • Musli Sakthi Herbals: Musli Sakthi‘s advertisement claimed that there‘s ‘no need of Viagra now‘, ‘first time in the world Musli Sakthi in silver colour powder form‘. ‘Complete result within 7 days‘, ‘happiness in sex and immediate solution for the sex problems‘.
    • Gogaji Hair & Skin Care Centre: Gogaji Hair Oil‘s advertisement claimed that ‘Gogaji Hair Oil stops baldness, stops hair fall.‘
      Stammering Cure Centre advertisement claimed that the centre ‘Partha Bagchi (world leader in stammering cure since 22 years) cures stammering in 12 days.‘
    • R K Herbals Pharmacy‘s advertisement claimed that ‘this formula is 400 years old and has been used by the Nawabs and the Maharajahs to enhance their sexual life.‘ ‘It improves vitality, increases volume and quality of semen, helps in treating erectile dysfunction.‘
    • Raj Power Capsules‘s advertisement claimed that ‘relief to sex weakness in males within 2 hours‘, , ‘nervous weakness‘, ‘quick disposal of sperms‘, ‘inability to enjoy long time sex‘, ‘sex effects due to diabetes to cure all these problem‘.
    • KPR Herbals‘s advertisement claimed that ‘Sex weakness in men and all sex related diseases can be cured by Power Booster‘, ‘not interested in sex‘, ‘couldn‘t achieve complete satisfaction in sex‘, ‘erotic problems‘, ‘fast disposal of semen while on sex‘, ‘couldn‘t satisfy sexually your mate‘, ‘weakness of sperms all these can be cured through our herbal medicine treatment‘.
    • Lotus Granges (India): Scent Soft Bio‘s advertisement claimed that ‘it is made to eliminate objectionable odour with helpful microbes, which digest bad smell‘.
    • Naaz India Company: Naaz Hair Up Oil‘s advertisement claimed that it ‘stops hair fall‘, ‘provides successful cure of baldness‘.
      Kamboj Foods: Kamboj Proper Diet‘s print advertisement claimed that ‘Benefits of Kamboj Proper Diet 100 per cent Natural QPM grain are that, it helps you rid of obesity and weakness, increases IQ and immunity power, makes your married life happy, keeps IT professionals away from stress.‘

    EDUCATION

    With admission process having begun in various institutions, the CCC upheld several claims in print ads by 12 different advertisers as they were not substantiated, thus violating the ASCI Guidelines for Advertising of Educational Institutions.

    • Lakhani Academy advertisement claimed that ‘Lakhani Academy will give 100 per cent fees refund, if students fail in IPCC/CPT.‘
      Indian Institute of Learning & Advanced Development‘s advertisements claimed ‘100 per cent assured placement‘, ‘earn back upto 100 per cent of course fee‘.
    • Maharishi Basant Tutorials in its advertisement claimed that ‘guaranteed success program for IIT-Jee, else 100 per cent fee refunds‘.
      Alchemist‘s advertisement claimed that ‘it has more than 22 students in 99 percentile and 78 students in 95 percentile‘.
      Mukils English Academy‘s advertisement claimed that it ‘provides 100 per cent job guarantee on all courses‘.
    • IT‘S THE Education Group, Sai National Intuition of Technology (SNIT)‘ & Tulip India‘s advertisement claimed that they ‘provide 100 per cent placement‘.
    • Fastrack Institute of Technology‘s advertisement claimed, ‘100 per cent Job Guarantee‘ & ‘100 per cent Course Completion Guarantee‘.
      Swami Vivekanand Institute of Technology‘s advertisement claimed that it ‘provides 200 per cent placement.‘
    • Saffron Eduworld: Saffron Eduworld Coaching‘s advertisement claimed ‘JEE 100 per cent guaranteed result or money back.‘
      INPTC advertisements claimed ‘100 per cent placement‘ & ‘INPTC-
    • Mahatma Tutorials: The advertisement claimed that Mahesh Tutorials ‘provides 100 per cent success guarantee‘.
    • Subhash Bose Institute of Hotel Management: The advertisement claimed that ‘273 out of 273 students were placed in 2012‘ by the institute.
    • Amity University: In the ‘MBA 2013 Admission Notice‘ print advertisement, the Amity University is showing its rankings given by ‘Business Today‘ and ‘The Economic Times‘ without providing the details of the years of ranking which is misleading.

    OTHER FMCG:

    Ganesh Wheat Product: Ganesh Atta‘s print advertisement claimed that they are ‘processed through reverse osmosis, Ganesh bajra Atta and Ganesh Makkai Atta, prevent several health hazards and give you more nutritious and delicious rotis every day, Bajra (pearl millet) and Makai (Maize) are processed through water purified by reverse osmosis which makes the rotis more wholesome‘. These claims need to be substantiated. In the absence of comments from the advertiser, the CCC concluded that the claims mentioned in the advertisement were not substantiated. The advertisement contravened Chapter I.1 of the Code. The complaint was UPHELD.

    CONSUMER DURABLES:

    Aqua Corporation: Aqua Pure Guard Water Purifier‘s print advertisement claimed that it is ‘World‘s No.1 water purifier‘. This claim needs to be substantiated. In the absence of comparative data from the Advertiser, the CCC concluded that the claim, ‘World‘s No.1 water purifier‘, was not substantiated. The advertisement contravened Chapter I.1 of the Code. The complaint was UPHELD.

    OTHERS:

    Hardcastle Restaurants: – McDonald‘s promotional SMS shows ‘McVeggie or McChicken FREE on order of Rs. 200/- above with McDonalds. Mention coupon code MCD07 while ordering, valid till 7/1/13. Call Now 66000666. T & C.‘ The complainant was at the McDonald counter at the Food Court, Inorbit Mall, Malad(West) on 6/1/2013 and was informed that this SMS was sent purely for home delivery ONLY.

    According to the complaint, (The) the SMS advertisement that McDonalds sent was totally misleading. It simply said “call now” and not that it applies only for “Home Delivery”. The CCC concluded that the advertisement – SMS was misleading by omission, as it did not mention that the offer of a free McVeggie or McChicken applies only to Home Delivery. The advertisement – SMS contravened Chapter I.4 of the Code. The complaint was UPHELD.

    Pernod Ricard India: Jacob‘s Creek, the print advertisement is a promotion of a liquor brand. Advertising of liquor is prohibited is prohibited by most States. The CCC concluded that the communication was an Advertorial pertaining to a Surrogate product. The complaint was UPHELD as it contravened the Brand Extension Guidelines as mentioned in Chapter III.6 of the Code.

    Dr. Nigam‘s Health: Dr. Nigam Hair Multiplication‘s “Dr. Nigam” has been tarnishing the brand of RichFeel and maligning it in their ads. The brand has also been deliberately using RichFeel‘s brand template colour and a misrepresented brand look alike logo (RichFeel‘s logo has two E‘s, one of which is a mirror image of the other) as well, besides picking up scientifically proven points pertinent to RichFeel in their communication and negatively portraying the brand. The CCC concluded that the advertiser has made unjustifiable use of the name of Richfeel and taken unfair advantage of the goodwill attached to its trade mark and goodwill acquired by its advertising campaign. The advertisement contravened Chapter IV.2 of the Code. The complaint was UPHELD.

    Akansha Hair & Skin Care Herbal Unit: Akansha Sukhparash‘s advertisement claimed that it‘makes your face fair and removes wrinkles from your face‘. After reviewing the advertisement and advertiser‘s response, the CCC concluded that the claim, “makes your face fair”, was not substantiated. The advertisement contravened Chapter I.1 of the Code. This complaint was UPHELD. After reviewing the advertisement, the CCC realized that the ad does not claim to remove wrinkles from face, this complaint was NOT UPHELD.

    During the month of April, the CCC also received complaints against 11 other advertisements. The complaints were received against the advertisements of Aviva Life Insurance Company India Ltd, Euro Fashion Inners International (P) Ltd – Euro Briefs, Great Eastern Management School – GEMS B School, Hindustan Unilever Ltd – Comfort 1 Rinse Fabric Conditioner, Keya Seth‘s Ayurvedic Solution – Keya Seth‘s Umbrella Sunscreen Lotion, Kaleesuwari Refinery Pvt Ltd – Gold Winner Sunflower Oil, Mankind Pharma Ltd -Manforce Condom, McNROE Consumer Products P. Ltd – Wild Stone Deodorant, Piaggio Vehicles Pvt Ltd- Vespa, Times Business Solutions Ltd – Magicbricks.com, United Spirits Ltd – Kingfisher. However, as these advertisements did not contravene ASCI‘s codes or guidelines, the complaints were NOT UPHELD.

  • ASCI bags Best Practices Silver Award for National Advertising Monitoring Service

    ASCI bags Best Practices Silver Award for National Advertising Monitoring Service

    NEW DELHI: The Advertising Standards Council of India (ASCI), which is recognised by the government as the primary body for checking misleading commercials, has bagged the Best Practices Silver Award for establishing a National Advertising Monitoring Service on the print and TV ads.

    The award was given at the European Advertising Standards Alliance‘s (EASA) annual meeting held in Milan, Italy. The EASA Best Practice Award is presented each year to the self-regulatory organisation that has most effectively implemented an element of the EASA Best Practice Model-a set of operational standards for advertising standards bodies.

    ASCI chairman Arvind Sharma said, “ASCI through NAMS has done path breaking work in tracking down and removing ads which make misleading, false or unsubstantiated claims. And the EASA Best Practice Silver award is recognition by the global ad self regulatory organisations (SRO) that ASCI not only follows global best practices but also helps in innovating new ones.”

    He added: “This recognition encourages us to further strengthen the professional and ethical standards in the ad industry to ensure responsible advertising and thereby protect the interests of the consumers.”

    Proactive monitoring of NAMS on the print and TV ads has helped in tracking a large number of misleading ads and the number of ads against which complaints were received and processed by ASCI went up almost five times from 177 in 2011-2012 to 784 in 2012-2013.

    ASCI is a self-regulatory voluntary organisation of the advertising industry. ASCI along with its Consumer Complaints Council (CCC) deal with complaints regarding advertisements which are considered as false, misleading, illegal, leading to unsafe practices or unfair to competition and consequently in contravention of the ASCI Code for self-regulation in Advertising. They receive complaints both from the consumers and the industry.

    In May 2012, ASCI introduced NAMS in order to strengthen the process of tracking and reducing misleading advertisements which harm the interests of consumers. NAMS which comprises of the AdEx India, a division of TAM Media Research and with the support of trained personnel from the ASCI keeps a continuous check on all the newly released TV and Newspaper print ads to see that they are not violating any ASCI‘s advertisement code related to unsubstantiated, misleading or false claims.

    On an average, 1,500 TV and 45,000 newspaper ads are monitored monthly. If after persistent reminders, certain ads are not altered and are still being aired in the same manner, then the ASCI reports this to the relevant statutory authorities for action.

    In order to fasten the decision making process and to handle the recent jump in the number of complaints received and processed, the ASCI introduced the Consumer Complaint Council (CCC) and appointed Shweta Purandare as chief operations officer (COO) to drive the investigation of complaints besides heading the complaint redressal and follow up process. The meetings are being conducted every week instead of every fortnight so as to reduce the average complaint adjudication time.

  • ASCI upheld complaints against 52 of 84 ads; healthcare

    ASCI upheld complaints against 52 of 84 ads; healthcare

    MUMBAI: ASCI‘s Consumer Complaints Council (CCC) upheld complaints against 52 out of 84 advertisements, which came under the scanner of the self regulatory body in March 2013. Taking a proactive measure to protect the interest of healthcare, education and personal care consumers, ASCI upheld complaints against those ads that were making misleading claims to engage clients, in forming pseudo brand image.

    The major brands that had come under ASCI‘s scanner, include Dabur India Ltd, Procter & Gamble Hygiene & Health Care Ltd, Hindustan Unilever Ltd, Johnson & Johnson Ltd, Ag Herbs (Singapore) Pte Ltd, Zaptech, Garima Career Foundation, Montfort Group of Institute, The Economic Times, Honda Siel Power Products Ltd, Hindustan Unilever Ltd and Eureka Forbes Ltd.

    In March 2013, ASCI witnessed a surge in number of complaints against the deceiving ads, which had mounted to 84. However, all of them did not contravene ASCI‘s codes or guidelines, and 32 complaints were later taken back. Those which didn‘t trespass the code were, Aditya Birla Management Corporation Pvt Ltd- Idea 3 G, Applect Learning Systems Pvt Ltd– Meritnation.com, Cadbury (India) Ltd – Perk Glucose, Carrier Midea India Pvt Ltd – Midea Air Conditioners, Hindustan Unilever Ltd – Dove Elixir Hair Oil and Nitta Gelatin India Limited, Parle Products Pvt Ltd – Parle Londonderry.

    In the case of health & personal care products or services ASCI upheld complaints against those inadequate and unscientific print ads, which had violated the Chapter I of the ASCI code. Some of the healthcare product or services ads also contravened the provisions of the Drug & Magic Remedies Act. Due to which industry‘s major players, including Dabur India Limited, Hindustan Unilever Ltd, Johnson & Johnson Ltd, Dr. Monga Clinic, ClinTech Medical & Aesthetic Center, Rvita Ayurveda Centre, Vaarid Herbal Face Pack and Soliel International came under the fire.

    On the educational fore, there were 14 advertisements that could prove its essence and had violated the ASCI Guidelines for Advertising of Educational Institutions. For instance, players like Zapak, Garima Career Foundation, Mazenet Solution Pvt Ltd and BS Abdur Rahman University, Montfort Group of Institute‘s claims came up futile in providing 100 per cent job to people.

    ASCI‘s regulation didn‘t spare India‘s biggest media conglomerate like Times Group, when ET Now came under scanner for its print ad saying, “ET Now is the undisputed leader on the budget date, and only our competitor will say it was a bad budget.” They have quoted ET Now has 64 per cent of the market share and CNBC TV18 has 36 per cent of the market share.The CCC noted the contents of the ad and concluded that the market share claimed by the advertiser was not adequately substantiated. The advertisement contravened Chapter I.1 of the Code; therefore, the complaint was upheld.

    Above all, there were some other companies from Automobile, FMCG and consumer durable products that flouted the codes of ASCI‘s Consumer Complaints Council (CCC).

  • ASCI takes pro-active initiatives; hires COO

    ASCI takes pro-active initiatives; hires COO

    MUMBAI: With the government and consumer bodies making noises about titillating and misleading TV ads, the Indian advertising industry is working on getting its act together.

    Take the Advertising Standards Council of India (ASCI), a body which works as the industry watchdog. Today, it announced that it was taking a few measures to ensure that it becomes more effective.

    One it said that, it has now started tracking – through National Advertising Monitoring Service (NAMS) – print and TV ads nationally against which complaints are upheld.

    And it says it is ready to crack the whip on violators – it has highlighted that it will report them to the relevant statutory authorities, if they choose to ignore its directions and continuing airing ads without removing or changing objectionable portions.

    The second initiative it has undertaken is to speed up the decision making process in the face of a spurt in complaints by introducing an additional consumer complaints council (CCC) which will allow weekly meetings instead of the fortnightly cycle as is the norm now. This will further reduce the average complaint adjudication time.

    Thirdly, it has appointed Shweta Purandare as chief operations officer (COO) to drive complaint investigation, redressal and follow-up.

    “ASCI has been continually innovating to protect the interests of the consumers and all these initiatives are steps towards that,” says ASCI chairman Arvind Sharma. “The proactive tracking by NAMS earlier, of all newly released ads in print and TV and now of all upheld complaint ads and reporting non-compliance to statutory bodies is likely to help substantially in moving towards the goal of eradicating misleading ads. Appointment of a COO and an additional CCC will go a long way in ensuring speedier and more effective complaint redressal process.”

  • What the media & govt ecosystem is doing on potrayal of women in advertising

    What the media & govt ecosystem is doing on potrayal of women in advertising

    NEW DELHI: The Advertising Standards Council of India (Asci) rejected six of the fourteen complaints relating to wrongful depiction of women in advertisements during 2012 and 2013.

     

    Advertisements were taken off or voluntarily withdrawn by the channels in five cases after the Asci raised the issue of indecent representation about women, Information and Broadcasting Ministry sources said.

     

    Two cases are still pending with Asci for appropriate action and the inter-ministerial committee demanded an apology from four channels which had carried the advertisement of a deodorant.

     

    The advertisements mostly about deodorants were aired on just over thirty channels. Other advertisements were about mobiles, creams for women, razor blades, innerwear and lingerie, a condom brand, and a carbonated drink.

     

    Meanwhile, the government has already announced that the Indecent Representation of Women (Prohibition) Act 1986 is to be amended to include the audio visual media and material in electronic form.

     

    Sources in the women & child development ministry told indiantelevision.com that the aim would also be to strengthen the penal provisions.

     

    The sources clarified that the move had nothing to do with recent rape case and its coverage on the electronic and social media, and had been approved by the Union Cabinet much earlier for being moved in parliament as an amendment to the Act.

     

    At present, the Act has provision for prohibition of advertisements containing indecent representation of Women, and prohibition of publication or sending by post of books, pamphlets, etc; containing indecent representation of women. But this will not apply to any book, pamphlet, paper, slide, film, writing, drawing, painting, photograph, representation or figure where it is justified as being for the public good.

     

    Meanwhile, home ministry sources said there was no proposal to amend the Indian Penal Code to keep a check on the vulgarity/objectionable content in programmes and advertisements telecom on various Doordarshan channels.

     

    I&B ministry sources denied that any representation had been made by it to the two ministries to amend the existing laws or to formulate a new code for the content telecast on DD or other TV channels. The sources added that DD strictly adhered to the Programme and Advertising Codes and so no programme containing vulgarity or objectionable content was telecast by the pubcaster.

     

    Parliament had been told recently that more than ninety per cent of the advertisers comply with the orders of the Asci.

     

    I&B Minister Manish Tewari informed parliament that in 2012-13, a total of 2,954 complaints were received against 784 advertisements. A total of 640 of these complaints had been upheld and the advertisers had been asked to withdraw or modify the advertisements.

     

    Asci has informed the ministry that it has set up a new initiative wherein advertisements which are extremely inappropriate, indecent, vulgar and against public interest are suspended pending investigation.

     

    In cases where it appears prima facie that an advertisement is in serious breach of the Asci code and its continued transmission on any medium causes or has the effect of causing public harm, then Asci would, pending investigation, forthwith direct the advertiser/the advertising agency/the media buying agency and the media concerned to suspend the advertisement.

     

    Asci also informed that they will write to the concerned ministries to take appropriate action against advertisers who do not comply with the Asci orders.

  • ASCI’S Nams Initiative bags a Silver at EASA 2013

    Mumbai: The Advertising Standards Council of India (ASCI) has won the Best Practice Silver Award at the European Advertising Standards Alliance’s (EASA) Annual Meeting held in Milan, Italy recently.

    The Council received this award for introducing the path-breaking initiative, National Advertising Monitoring Service (NAMS) in May 2012. ASCI had introduced NAMS to strengthen the process of tracking and reducing misleading advertisements which harm the interests of consumers.

    The proactive monitoring by NAMS of print and TV ads has helped in tracking a much wider number of misleading ads month on month. In relative terms, the number of ads against which complaints were received and processed by ASCI has jumped nearly five-fold from 177 in 2011-2012 to 784 in 2012-2013. Clearly, the NAMS initiative has helped in strengthening the ad self-regulation and complaint redressal process manifold.

    ASCI chairman Arvind Sharma said, “ASCI through NAMS has done path breaking work in tracking down and removing ads which make misleading, false or unsubstantiated claims. And the EASA Best Practice Silver award is recognition by the global ad Self Regulatory Organisations (SRO) that ASCI not only follows global best practices but also helps in innovating new ones. This recognition encourages us to further strengthen the professional and ethical standards in the ad industry to ensure responsible advertising and thereby protect the interests of the consumers.”

    The EASA awards were organised around EASA’s annual general meetings held in Milan which include technical meetings on self-regulation best practice and a workshop on social media.

  • ASCI upholds 96 complaints against ads in Feb 2013

    ASCI upholds 96 complaints against ads in Feb 2013

    MUMBAI: The Consumer Complaints Council (CCC) of the advertising watchdog Advertising Standards Council of India (ASCI) witnessed a sharp increase in the number of complaints against ads in Healthcare category in February 2013.

    In the healthcare category, the body upheld 36 complaints. The second highest numbers of complaints were seen in the education category, most of which claimed a guarantee 100 per cent job placement.

    In the healthcare category, Dabur Chyawanprash‘s print ad claimed that “Dabur Chyawanprash provides three times more immunity,” “helps improve the ability to fight illness by three times” and “ONLY Dabur Chyawanprash provides immunity”. The advertisers were not able to substantiate the claim with necessary support and data. The ad contravened Chapter I.4 of the Code and the complaint against the ad was upheld.

    The CCC found following claims in print ads by 35 different advertisers as either misleading or false or unsubstantiated and hence complaint against ads upheld:

    Ranbaxy Laboratories Ltd – Volini claimed that “99 per cent doctors have used Volini to relieve their pain” and “Volini No.1 doctors‘ prescribed pain reliever”, “since last 12 years”.

    Bakson Drugs and Pharmaceuticals – Bakson‘s range of products claimed that it “is the World‘s largest Homeopathic corporate.” Bourn Hall Clinic – In Vitro Fertilisation treatment ad claimed “Infertility treatment centre with the world‘s best success rate”, “World‘s first and highest success rate giving IVF (Test tube baby clinic).”

    Umalaxmi Organics Sugar Remedy claimed that it‘s “India‘s No.1 drug for sugar”, “Clinically proven”, “Trust of doctors, relief from diabetes.”

    Naturoveda Health World – Naturovedic treatment claimed that “Naturoveda has successfully treated more than one lakh patients till now”, “Naturoveda eradicates the disease right from its roots without any side effect”, “We treat physical weakness (male/female), diabetes, obesity”, “underweight, piles, joint pain, asthma, stomach problems, skin aliments, female disease, and hair problems”, “Winner of Hakim Ajmal Khan Global Award for Best Ayurvedic and Unanai Clinic.”

    Dr. Nigam‘s Goodhealth – Stem Cell Hair Transplant, claimed that “Dr. Nigam has pioneered the procedure of spotlipo and has given well sculptured figures to millions of people. Bollywood celebrities, politicians, business tycoons and cine artists prefer him to other doctors”, “Dr. Nigam co-partners India‘s first and only stem cell hair lab which was started three years back by a group of doctors with an investment of 100 crores.”

    The other ads that were upheld in the Heathcare category are of Jagruti Test Tube Baby Center, Jolly Vaseer Capsule and Ointment, Jolly Fat Go, Amrut Navjeevan Ayurvedic Oil, Gautam Clinic, Chandan Hospital, Dr. Krishnan Cancer Healer Center, Slim I Lipo, Raj Clinic, Ashrafi Clinic, Mahamaya Sales and Services, Fit and Fine Health Club, Sussrutha Pharmaceuticals, New Vision Laser Centers, Tara Homeopathy Clinic, Life Slimming and Cosmetic Clinic, Hakim Tulsiprasad Agarwal, New Look Laser Clinic, Alcon Laboratories India, Shreeji Upchar Kendra, Ego Wellness, JDM Ayur Psoriasis Research Centre, Nuture Health Care, Lotus Herbal, REPL India, Aadhar Herbal, Mohak Hi-Tech Speciality Hospital claimed “Begin healthy life, free from obesity and diabetes”, “The only approved institute for surgery for obesity and diabetes.”

    All above mentioned claims made in print advertisements needed to be substantiated with necessary support data, market research and analysis/data. The CCC concluded that in the absence of comparative data, the claims mentioned in the advertisements and cited in the complaints were inadequately substantiated. The advertisements contravened Chapter I.1 of the Code. The advertisements of Jolly Pharma (India) – Jolly Sunsex Gold and Mahamaya Sales and Services – Khatod Sanjeevini Plus also contravened Chapter III.4 of the Code. These complaints were upheld.

    In the education category, PGP College of Engineering And Technology‘s print ad claimed that PGP College of Engineering and Tech “provides 100 per cent placement provided through Campus Requirement”. The CCC concluded that as all the students were not placed, the claim of “Provides 100% Placement provided through Campus Requirement”, was not substantiated and was misleading. The advertisement contravened Chapters I.1 and I.4 of the Code. The complaint was upheld.

    Little Kidz Education – Smartkidz Play School in their print ad claimed that it “is ranked No. 5 among 300 branded preschools in India”. The CCC noted that Silicon India ranked Little Kidz No.5 on the basis of best practices in Franchising, but to claim it as the 5th rank among branded preschools is misleading by implication. The advertisement contravened Chapter I.4 of the Code. The complaint was upheld.

    Complaints against the following claims made in print advertisements by 27 different advertisers were upheld by CCC:
    Narayanaguru College Of Engineering – Off Campus Recruitment claimed that it is the “only company in ASIA which is fully operated by Female Employees”, “Asia‘s Largest Networking & Web Hosting Company.”

    La Militaire Academy claimed “Selection Guaranteed!!!”, “Already Selected 1850+ Officers and 8500+ in Other Ranks.”

    DGN Maritime Academy – Join Merchant Navy ad claimed its “Placement 100 per cent assured.”

    Aakash Educational Services- Medical and Engineering Entrance Exam claimed it “is India‘s No. 1 Coaching Brand.”

    S P T Saini Classes claimed it “gives 100 per cent selection guarantee in writing on stamp paper.”

    The other ads that were upheld were of Voice of God Polytechnic College, Sankara Educational Institution, Shekhawati Group Of Institutions, Annai Nursing & Catering College, ST Anto Group Of Institutions, Arjun Shooting Club, FGL Academy, Institute For Excellence In Services & Planning, ICA Infotech, Indian Institute Of Airways Training, The Princeton Review, F2 Fun and Fitness (India), VLCC Institute, International School Of Corporate Management, First Rank Publication, Sri Venkateswara Polytechnic College, Ideacount Education, Anibrain XDI, IIHT Networks, Chandragupt Institute Of Management, Academy For Professional Excellence.

    All these claims made by the advertisers in the education sector need to be substantiated with necessary support data, documentation and past records. In the absence of comments from the advertisers, the CCC concluded that the claim mentioned in the advertisement and cited in the complaint, was not substantiated. The advertisement contravened ASCI Code‘s Guidelines for Advertising of Educational Institutions and Chapter I.1 of the Code. All above complaints were upheld.

    In the personal healthcare and homecare sector, Himani Boroplus Antiseptic Cream claimed in their TVC that “the said cream has been used by 50 crore Indians”. The data presented by Emami Limited was inadequately substantiated. The advertisement contravened Chapter I.1 of the Code. The complaint was upheld.

    Meanwhile, Loreal Paris Total Repair 5 shampoo claimed that L‘Oreal Total Repair 5 Shampoo is “Voted India‘s No. 1 Shampoo”. The CCC concluded that whilst L‘Oreal was voted – Product of the year (POY) – product innovation, the claim that it was “India‘s No. 1 Shampoo”, was misleading by implication. The advertisement contravened Chapter I.4 of the Code. The complaint was upheld.

    Oriflame India‘s Oriflame Ecollagen claimed that “Smart whitening complex: Restricts the production and distribution of melanin, the key cause of skin pigmentation”, “Tri-piptide complex: Boots collagen production and re-plums wrinkles from within in length, width and depts.”, “Ecollagen 3D+ re-plumps wrinkles from within in 3 dimensions”, “Reduces wrinkles appearance and brightens skin, visible reduction of dark spots after 12 weeks”. The CCC concluded that the claim, “Smart whitening complex: Restricts the production and distribution of melanin, the key cause of skin pigmentation”, was inadequately substantiated. The advertisement contravened Chapter I.1 of the Code. This complaint was upheld; whilst the claim that “it reduces wrinkles and results in visible reduction of dark spots” was substantiated. This complaint was not upheld.

    Glade Touch and Fresh in their TVC claimed that “ordinary air fresheners only mask the foul smell whereas the product in question eliminates the foul smell”. The CCC concluded that the TVC did not disparage the Complainant‘s product. This complaint was not upheld. In the absence of comparative data, the claim that Glade Touch & Fresh “is superior to the other air freshener blocks”, was not substantiated. The advertisement contravened Chapter I.1 of the Code. This complaint was upheld.

    The other ads that were upheld were of Life Slimming and Cosmetic Clinic, Safechem Industries.

    Complaints against the following claims made in print advertisements by eleven different advertisers were upheld by CCC: L‘Oreal Youth Code Luminize Range claimed that it “contains LUMI-Gen technology, which identifies light infusing genes in the skin and enriches them to give even and luminous skin”, “Try Youth Code Luminize and see yourself how 90 per cent women experienced a more even or luminous skin, Super: Skin evaluation, after eight weeks”, “More even looking skin tone – Unifying effect”, “Dewy, luminous finish – Liquid Light technology”, “Enhances and refines – with daily use”, “Liquid Andersen juxtaposes micromirror plates on the skin that reflect light, giving you even and luminous skin”, “This serum is a fluid “Oil in water” emulsion that is 40x more concentrated in Vitamin Cg”.

    Metro Poly Clinic claimed that it “Stops hair fall 100 per cent”.

    Lotus White Glow claimed that it “is Enriched with Grape, Mulberry, Sazifraga extracts and milk enzymes, it also protects the skin from harmful UVA & UVB rays”.

    Mankind Pharma‘s Kustody Neem Face Wash claimed that it “provides Effective Fairness”.

    Ultratech India‘s 18 Again claimed “Post pregnancy issues?”, “Infection?”, “Sour relationship?”, “Here‘s the answer to questions you fear most; 18 again – Female renewal gel. Tightens and Rejuvenates, for vaginal use only”.

    Vasu Pharmaceuticals‘ Trichup Hair Care Range claimed “150 million people all over the World are using Trichup”.

    The other ads were of Pangene Biotech, Milagrow Business And Knowledge Solutions, Vasu Pharmaceuticals, Ratan Ayurvedic Sansthan and Result Advertising.

    All these claims needed to be substantiated with necessary support data and test reports of efficacy. In the absence of comments from the advertisers, the CCC concluded that the claims mentioned in the advertisements and cited in the complaints were not substantiated. The advertisements contravened Chapter I.1 of the Code. Complaints against these ads were upheld.

    In the consumer durables category, Bajaj Quick Chef Induction Cooker, in their print ad claimed “Switch to Bajaj Induction Cookers. Save up to 65 per cent costs”, “Bajaj Induction Cooker is better than Gas stove in terms of Time – To boil 2 ltrs of water Gas stove takes 9 min and Rs 1.90 and Bajaj induction cooker takes 6 min and Rs 0.65 (50 per cent faster and saves 65 per cent cost)”. The CCC concluded that the claims mentioned in the advertisements and cited in the complaint were not substantiated adequately. The advertisement contravened Chapter I.1 of the Code. The complaint was upheld.

    Complaints against the following claims made in print advertisements by two different advertisers were upheld by CCC:
    Gangotri Suppliers – Nutech Solar Heater claimed that it “has 1.5 lacs satisfied customers”, “India‘s fastest growing solar company”.

    Kevin Power Solutions claimed “Awarded Power Brands “Rising Stars” of the year 2012-13″, “India‘s fastest growing Inverter, UPS, Battery Company”, “Highest manufacturer of Sine Wave Inverter/ UPS”, “Largest Range of Products in the Industry (400VA-300KVA)”.