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Tag: ASCI

  • A majority of advertisers comply with dictat of ASCI on complaints: Tewari

    A majority of advertisers comply with dictat of ASCI on complaints: Tewari

    NEW DELHI: More than ninety per cent of the advertisers comply with the orders of the Advertising Standards Council of India (ASCI).

    Information and broadcasting ministry informed the Parliament that in 2012-13, a total of 2954 complaints were received against 784 advertisements. Six hundred and forty of these complaints had been upheld and the advertisers had been asked to withdraw or modify the advertisements.

    ASCI 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 directs the advertiser/the advertising agency/the media buying agency and the media concerned to suspend the advertisement pending investigation.

    ASCI also informed that it will write to the concerned Ministries to take appropriate action against advertisers who do not comply with the ASCI orders.

  • ASCI gets powers to suspend code violating advertisers instantly

    MUMBAI: For long, some rogue advertisers have been taking advantage of the fact that the advertising industry watchdog, Advertising Standards Council of India (ASCI), takes time to cane them if they have violated any advertising codes. That will be a thing of the past, with ASCI introducing its Suspension Pending Investigation (SPI) policy. Under this, ads that breach ASCI’s code will be withdrawn immediately, pending decision of its Consumer Complaint Council (CCC).

    In September 2012, ASCI had said it was working on amending its articles of association along with the appointment of its new chairman Arvind Sharma, bringing it in line with the codes of some of the other Self-Regulatory Organisation (SROs) like the Advertising Standards Authority of the UK.

    The new SPI article states: “In exceptional circumstances, when it appears prima facie that an advertisement is in serious breach of the code and its continued transmission on/ through/ by any medium causes or has the effect of causing public harm and/or injury or its continuation is against public interest, then ASCI would, pending investigation and decision by CCC, forthwith require the advertiser/ the advertising agency/ the media buying agency and the media concerned to immediately suspend the release of advertisement.

    “Also, in the event of suspension of any ad in the manner as aforesaid, the CCC shall at the earliest and not later than 30 days from the date of the suspension, adjudicate whether or not the advertisement is in breach of the Code and pass appropriate order accordingly after giving a reasonable opportunity to hear to the advertiser whose advertisement has been suspended. This decision of the suspension is to be taken by the chairman (or, in his absence, the Vice Chairman) of ASCI, in consultation with two members of the CCC.”

    The initiative is a personal victory for Sharma who has been mooting this for a while. Says he: “Suspension Pending Investing is an important landmark for ASCI. It will ensure immediate action against advertisements that are clearly seen as against public interest. This initiative will go a long way in getting seriously offending ads removed immediately before they cause any damage to the consumers and society in general. We expect the advertising sector consisting of advertisers, ad agencies and media to support this very important initiative wholeheartedly to protect the interests of Indian consumers and general public.”

    For the record, ASCI has in the recent past taken other initiatives to speed up its decision making process. From monthly meetings of its CCC, it has moved to bi- monthly meetings. This has reduced the – average complaint adjudication – time from 45 days to 30 days. ASCI has also introduced the fast track complaint redressal process which provides decision against intra industry complaints within seven days.

    Clearly, the bells are tolling for rogue advertisers and agencies.

  • ASCI upholds a record 99 complaints in January

    MUMBAI: Kicking off the new year, The Consumer Complaints Council (CCC) of the Advertising Standards Council of India (ASCI) upheld the highest ever number of complaints against misleading advertisements in January.

    Ninety-nine out of 108 complaints received have been upheld by the CCC. ASCI’s National Advertising Monitoring Service (NAMS) also contributed in tracking down the misleading claims made in ads in various sectors.

    ASCI said in a statement, “The NAMS initiative has helped in strengthening the self-regulation and redressal process manifold. The proactive monitoring has helped in tracking a wider numbers of misleading ads month on month. This is a positive development as it is helping to protect consumer’s interest in India.”

    The highest number of advertisements was pulled back in the healthcare segment with 28 complaints being upheld. The second highest number of complaints was upheld in the education sector with the CCC finding 22 advertisements misleading or making claims that are not substantiated by sufficient data. Sixteen advertisements in the personal care category, 10 in consumer durables segment, nine in the miscellaneous category, three each in the food and beverages and real estate segments and two advertisements in the media category were pulled up by the CCC as they were found to have contravened Chapter I.4 of the Code.

    The advertisers that were asked to pull out or modify their ads for the month of January included Star India, Whirpool, Natraj Electricals, Radikal Foods, Bennett Coleman Co Ltd, Tata Housing Frankfin Institute of Air Hostesses, Marico, Hindustan Unilever, Gillette and Rupa.

    Star India Ltd’s Star Cricket TVC shows “a boy with cricket bat jumping over a creek and his face changing to Chestshwar Pujara‘s”. The advertisement is trying to communicate that children who take risks turn into top cricketers. The element of risk is clearly visible when other children are shown astonished to see the feat of the boy jumping the creek. This scene clearly violates the ASCI Code. Also the shown jump seems morphed which accentuates the risk as normal child cannot jump such a broad creek.

    The CCC concluded that the boy jumping over small creek shows a dangerous practice and manifests a disregard for safety without justifiable reason. The TVC contravened Chapter III.3 of the ASCI Code and the complaint was UPHELD.

    BCCL’s ET NOW has a print advertisement that shows a comparison of viewership of some English business news channels in a stated target audience group and market. The primary objection is that the source of the data is not mentioned. Assuming that the source is TAM, the market share numbers stated in the graph are incorrect. The visual has pictures of people who are Engineers, Doctors, Entrepreneurs & Corporates whereas the TG stated for the graph is males, 25-44, Sec A which would include these professionals, students and non-working individuals as well. The CCC concluded that the source of the data substantiating the claim was not mentioned in the advertisement and the manner in which the comparative data was presented was misleading as the base level was not mentioned. The advertisement was found misleading and contravened Chapter I.4 of the Code. The complaint was, thus, upheld.

  • Asci pulls up three HUL ads in December

    MUMBAI: The Advertising Standards Council of India (Asci) has pulled up three ads from fast moving consumer goods (FMCG) manufacturer and marketer Hindustan Unilever. In its new update, the advertising watchdog has named the ads of New Rin, New Clear anti-dandruff shampoo and Comfort Fabric Conditioner as erring.

    For the month of December, Asci‘s Consumer Complaints Council (CCC) upheld complaints against 43 out of 50 ads.

    Of the 43 complaints upheld, 17 belong to the healthcare category while seven are from the home and personal care category. Five ads from education and four from consumer durables category have been pulled up. Other categories where ads have been found misleading include one each from telecom, real estate, food and beverage and surrogate ads.

    The New Rin TVC had claimed that it is the “only detergent powder in India which gives freedom from yellowness and gives shining whiteness”. This claim is qualified by a super stating “Perception of yellowness removed through patented technology”. The use of “patented technology” does not mean that the same benefit of “giving freedom from yellowness” cannot be claimed by using any other technology. The super does not provide the details of the independent agency which conducted the tests.

    Asci has said that in absence of independent technical data, this claim is false and misleading. The advertisement promoting the New Rin is based on the concept that “After repeated washing, clothes turn dull and yellow”. The said concept is not completely correct and is in fact misleading consumers. The visual showing the comparison between New Rin and other detergent powder is qualified by a super which states “creative representation of yellowness removal”. This in effect means that the shots showing the shirt washed with the other detergent and the shirt washed with New Rin cannot be replicated into reality. This is incorrect and misleads the consumers.

    The Fast Track Consumer Council (FTCC) considered the technical data provided by the advertiser and the complainant. The FTCC concluded that the use of “patented technology” does not mean that the same benefit of “giving freedom from yellowness” cannot be claimed by using any other technology.

    The advertiser provided data of products removing yellowness in various degrees of efficacy. Hence the claim of being the only product to remove yellowness was not substantiated. The claim, “New Rin is the only detergent powder in India which gives freedom from yellowness and gives shining whiteness”, is false and misleading as it is not the only detergent to do so. The advertisement contravened Chapters I.1 and I.4 of the Code. The complaint was upheld. At the request of the advertiser, the CCC reviewed the decision after HUL provided additional data and upheld the decision of the FTCC.

    In case of the New Clear anti-dandruff shampoo advertisement, the TVC claims that New Clear “Is the best anti-dandruff shampoo in the country”, with a super “Based on clinical studies, microkill & ZOI data”. This superiority claim needs to be substantiated with technical and comparative data, and with details of tests/trials reports from an independent recognised testing institution. The claim, “Preferred choice of 9 out of 10 users”, is ambiguous. Where on one hand the claim does not clarify the parameters for which the Clear shampoo is preferred, the claim on the other hand is being used by Clear in its TVC. This claim is qualified by a super stating, “Based on consumer study”. This super does not state the source of the study and nor does it state the date on which the said study was conducted. The super, “Based on consumer study”, is not of adequate size and duration, and blurred so as to mislead the consumers.

    The FTCC examined the technical substantiations of both the advertiser and the complainant with respect to clinical studies like BoSS (Bio-availability on stimulated scalp), ZOI (Zone of Inhibition) data, etc, and concluded that the claim of New Clear being the “best anti-dandruff shampoo in the country” is false and misleading. The CCC considered the additional data provided by the advertiser and concluded that the earlier decision of the FTCC stands and the complaint was upheld.

    Other advertisers to be pulled up include Dabur India, Nature Health Care, SBS Biotech, Keya Seths Aromatherapy, Clintech Medical and Aesthetic Center, Kangra Herb Pvt Ltd, Rediscover – Laser, Skin, Slimming and Ayurvedic Clinic, Ego Wellness Pvt Ltd, Dr. Jains Zero Figure Clinic, Medinn Elle Herbal Care Pvt Ltd, Asian Institute Of Infertility Management, Naturoveda Health World, Niramay Consultancy, Maruti Herbal, Cure Spects Laser Ltd, G K Health Care, Maharshi Skin Centre, Rana Yog Chikitsa Kendra, Sareen Hair Clinic, Cocoona Cosmetic Surgery, Eleganza Skin And Cosmetic Surgery Clinic, Pernod Ricard India (P) Limited, Luminous Water Technologies Pvt Ltd, Megha Associates, Secured Engineers, Padmini Impex Pvt Ltd, Natraj Atta Chakki, Ark Prem Constructions, Education Express, Focus Educare Pvt Ltd, Global Institute Of Fire And Industrial Safety, Vivekanand Classes, Prestige Institute Of Engineering and Science and Aircel.

    The advertisement of Step Up and its claim is under judgment in the High Court of Bombay. Hence there was no decision taken on this complaint by the CCC

    During the month of December, the CCC also received complaints against six ads. The complaints were received against the advertisements of Ceat Ltd’s ‘Ceat Tyres’, Skin Alive’s ‘Forever Young’, Kovai Medical Center and Hospital’s ‘Effective Treatment for Thyroid Disorders & Cancer’, Gillette India LTD’s ‘Oral-B Cross Action Pro-Health toothbrush’, Clinic Dermatech’s ‘Beauty Solutions for Skin Problems’, Procter & Gamble Home Products Ltd’s ‘Pantene Pro-V shampoo’. However, as these advertisements did not contravene Asci’s codes or guidelines, the complaints were not upheld.

  • ASCI pulls up 11 ads in November 2012

    MUMBAI: The Advertising Standards Council of India (ASCI) upheld 11 of the 19 complaints it received against product advertisements in November 2012, including Emami‘s advertisement about Himani Sona Chandi Chyawanprash and Dainik Bhaskar‘s about its position in Bhopal.

    Complaints against advertisements by Bajaj Electricals and Havells India about their water heaters too were upheld by the Consumer Complaints Council (CCI) of ASCI.

    Of the 11 advertisements found misleading, three are from the healthcare category, two from home and personal care, one from education, three from consumer durables and one each from media and ‘others‘.

    A complaint against Signal Cavity Fighter toothpaste was not directed to consumers in India, and hence it was held to be outside the purview of ASCI.

    ASCI‘s National Advertising Monitoring Service (NAMS) helped in tracking down the misleading claims made by advertisers in various sectors.

    A complaint against Emami said its ad claims, “Take Himani Sona Chandi Chyawanprash every day for a strong body and razor sharp mind”, “Gold removes toxins to boost immunity power”, “Silver activates neurons to enhance memory and concentration”, “51 rare herbs protect from weather changes, pollution and general illness” and thus the advertiser should provide supporting technical submission, details of tests/trials conducted, with comparative data, in substantiation of these claims. The CCC concluded that the claims mentioned in the advertisement and cited in the complaint were inadequately substantiated.

    The complaint against Maruti Herbal‘s advert on Stay-On Capsules said that the advertiser claimed, “Stay – On Cap & Oil contains ginseng, shilajit, salampanja, valuable herbs and bhasmas that keep you energetic and powerful and makes you muscular,” but there was no data provided to substantiate the same with proof of efficacy. The CCC concluded that the claims mentioned in the advertisement and cited in the complaint were not substantiated. Also, the advertisement violated The Drugs & Magic Remedies Act and contravened Chapters I.1 and III.4 of the Code. The complaint was thus upheld.

    The third advertisement to be held misleading in the healthcare category was Diwan Chand Imaging and Research Centre‘s Stan Health Check Programme. As per the complaint, the advertiser claims that, Diwan Chand Imaging & Research Centre “has the most advanced diagnostic modalities” and “Is India‘s first integrated diagnostic chain of imaging network”. These claims however are not substantiated with scientific evidence or proof of efficacy along with appropriate statistical and support data. The advertiser provided proof of the installation of the latest state of the art ultrasound machine. The claim, “have the most advanced diagnostic modalities”, was substantiated. This part of the complaint was not upheld. In the absence of comparative data, the CCC concluded that the claim, “Is India‘s first integrated diagnostic chain of imaging network”, was not substantiated and in this regard, the advertisement contravened Chapter I.1 of the Code and the complaint was upheld. The advertiser has subsequently modified the advertisement.

    Amara Remedies Limited‘s advertisement for Elavo Toilet Seat Sanitizer Spray was also considered misleading by the CCC. The advertisement claims, “Spray Elavo on toilet seat and enjoy a 99.9 per cent safe toilet experience in just 5 seconds.” Though the claim, “Spray Elavo on toilet seat and enjoy a 99.9% safe toilet experience” was substantiated, he advertisement though fails to substantiate the claim of being effective within five seconds with proof and efficacy, research data along with other appropriate support data. The complaint was thus upheld.

    The complaint against Silvermaple Healthcare Services Pvt Ltd‘s advertisement on Direct Hair Implantation was pulled up for contravening Chapter 1.1 of the Code. The advertisement headline states, “No one gets you your hair back like DHI”. Also, the advertisement claims that DHI “is the best hair restoration treatment in the world with Total Care System” .These claims need to be substantiated with statistical and other necessary data. In the absence of scientific data from the advertiser, the CCC concluded that the claims mentioned in the advertisement and cited in the complaint were not substantiated and thus the complaint was upheld.

    The advertisement by CADD Centre Training Services Pvt Ltd was also pulled up for misleading content by ASCI. The advertisement claims, CADD Centre “is Asia‘s No.1 CADD Training Company”. The claim needs to be substantiated with comparative data of other leading training institutes, certification and other necessary data. The CCC noted that CADD Centre Training Services is the largest network of dedicated CADD training centre in whole of Asia with over 300 training centres spanning across 13 countries in Asia and Africa. In the absence of comparative data, the claim, “Is Asia‘s No.1 CADD Training company” was not substantiated. The advertisement was found to contravene chapter i.1 of the code and the complaint was upheld. The advertiser has subsequently modified the advertisement.

    Luminous Water Technologies Pvt Ltd‘s advertisement of Livpure RO Water Purifier was found to have plagiarised content. The TVC states that Livpure Water Purifier gives “Duniya ka sabse shudh pani”. Kent Water Purifier‘s last campaign was based on the key proposition that Kent provides “Duniya Ka Sabse Shudh Pani”. This has been carried out in all their communication material since 2011 consistently. The complaint pointed out that this was a blatant copy of the same proposition and a gross violation of Kent Water Purifier‘s brand property. The CCC concluded that the tagline of Livpure Water Purifier that it gives “Duniya ka sabse shudh pani” was similar to the tagline of Kent Water Purifier so as to suggest plagiarism. The advertisement contravened Chapter IV.3 of the Code and the complaint was thus upheld. The advertiser has subsequently modified the advertisement.

    Bajaj Electricals Ltd‘s Bajaj Water Heater advertisement was found misleading on some counts. As per the complaint, the advertisement claims, Bajaj Water Heater is “India‘s No. 1 water heater”, “Bajaj Rapidotherm Water Heaters‘ powerful heating coil helps heat water 50% faster than any other water heater”. The CCC said these claims need to be substantiated with scientific evidence, comparative analysis data, and safety data along with appropriate support data. The CCC concluded that the claim that Bajaj Water Heaters is “India‘s No. 1 Water Heater” was substantiated on the basis of a syndicated retail audit done by independent market research company and thus this part of the complaint was not upheld.however, the advertisement‘s claim that “Bajaj Rapidotherm Water Heaters powerful heating coil helps heat water 50% faster than any other water heater” was not substantiated with comparative data of other water heaters of the same electrical rating (3000 watts). The advertisement thus contravened Chapter I.1 of the Code and the complaint was upheld. The advertiser has subsequently modified the advertisement.

    Havells India Ltd‘s advertisement of Havells Water Heater was found to be exaggerated and misleading. The advertiser has claimed “24 Hours Hot Water in Just ? unit of electricity”. The interpretation of this is that, one will get 24 hours hot water supply for usage in just ? KWH of electricity. The complainant found out that ? unit electricity is consumed by the geyser for keeping the water, already heated and stored inside, warm at a particular temperature for 24 hours if no water is drawn out for usage. The claim is hence highly exaggerated and misleading. The TVC also claims, “24 Ghante On Rahe to bhi Sirf ? unit bijli lage To Off Kyun Kare?” This is true only in the case where the water geyser is not used through the day. This claim is also misleading as the consumption of electricity would be considerably higher on usage of the water heater. The CCC concluded that the claim that “24 Hours Hot Water in Just ? unit of electricity” is misleading as it does not account for heating of water from ambient conditions to hot conditions. The advertisement contravened Chapter I.4 of the Code and the complaint was upheld. The advertiser has subsequently modified the advertisement.

    The Dainik Bhaskar Group has once again been pulled up by the CCC. As per the complaint, “Dainik Bhaskar is making a comparison on the basis of Net Paid circulation as per market estimates treating Patrika newspaper on 1/8th position in respect of circulation in the city of Bhopal. The remarks are totally untrue and baseless as the basis on which the comparison was said to be made was not shown in the advertisement nor the publication Dainik Bhaskar has stated the name of any agency on which such comparison was made. As evident from the website of DAVP, the circulation data of Dainik Bhaskar (as provided by RNI) and circulation data of Partika newspaper (as provided by Audit Bureau of Circulation (ABC) are almost equal but despite of the above fact Dainik Bhaskar have diminished the circulation size of Patrika newspaper to the extent of 1/8th as shown by the graphical comparison.” The CCC concluded that the claim that Dainik Bhaskar “had 8 times more Net Paid Circulation than Patrika in the city of Bhopal”, was not substantiated with ABC/RNI or IRS Data, and was misleading and thus the complaint was upheld. The advertiser has subsequently withdrawn the advertisement.

    Central UP Gas Limited‘s advertisement on CNG was pulled up by ASCI. As per the compliant, “Central UP Gas Ltd (CUCL) CNG”, is 100% Safe”. The claim needs to be substantiated with scientific evidence.The CCC concluded that the claim, “100% safe” was not substantiated with scientific evidence. The advertisement contravened Chapter I.1 of the Code and the complaint was upheld. The advertiser has subsequently modified the advertisement.

    During the month of November, the CCC also received complaints against 7 advertisements. The complaints were received against the advertisements of Emami Ltd‘s ‘Himani Fast Relief‘, Ranbaxy Laboratories Limited‘s ‘Revital Capsules‘, Cure Spect‘s ‘Eye Care‘, L‘OREAL INDIA PVT LTD‘s ‘Inoa Hair colour‘, PARLE PRODUCTS P. LTD‘s ‘Parle Londonderry‘, MICROMAX INFORMATICS LTD‘s ‘Micromax Ninja 3.5 & Ninja 4‘, Dabur India Limited‘s ‘Dabur Chyawanprakash Sugar Free‘. However, as these advertisements did not contravene ASCI‘s codes or guidelines, the complaints were not upheld.

  • Curry Nation to consolidate creative biz in 2013

    MUMBAI: For Priti Nair and Naggesh Pannaswami, it wasn‘t the best of times to start their entrepreneurial journey. The Indian economic growth story was getting stained by a slowdown and harsh winds were blowing from Europe, the US and other parts of the world.

    A contrarian mood was, however, ruling the agency world. Media professionals were chucking their jobs and taking the plunge to become masters of their destinies. Agnello Dias and Santosh Padhi had started Taproot while Manish Bhatt, Raghu Bhat and Joy Sengupta had set up their own agency Scarecrow and Raj Kurup had flown solo with Creativeland Asia.

    The infection spread to Nair and Pannaswami and they founded Curry Nation in January 2011. “It is always scary when you start on your own. But we knew we had to do it,” Nair recalls as we settle for a chat in the conference room of the new office at Mahim.

    For the duo, there was no need to get the early frights. They had a founding client in Emami and they were clear that they could tap the small and medium-sized Indian clients.

    “Yes, we were fortunate in having Emami right from the start,” says Nair.

    Then the whole thing was about drawing in talented people. “Fortunately for us, we had a good bunch of people joining us in the first year itself. Even before we went into a formal proper office, we already had three people on board apart from Naggesh and I,” says Nair.

    Along the journey, Emami‘s other brands got added and so did other personal care brands. Today, Curry Nation lends its creative services to brands like Borosil, 18 Again, Emami (personal care brands) and Himani.

    Having completed two years, the homegrown advertising agency Curry Nation is where its wants to be – in the thick of things, doing the kind of work it always wanted to.

    The team at Curry Nation has also grown to 18 people working out of a new office in Mahim. Happy to talk about her team, Nair says “they are a bunch of happy people doing the kind of work they like and believe in”.

    Curry Nation ended 2012 with one of the most visible and controversial campaigns of 2012 – the ‘18 Again‘ project. The communication about 18 Again, a brand of vaginal tightening cream, attracted a lot of attention and the campaign was pulled out by ASCI following complaints regarding its social effect.

    Nair describes ‘18 Again‘ as one of the highlights and challenges of the year. “As a product, there was always going to be a challenge considering the client wanted to market a vaginal tightening cream as just that and not under the veil of anything else. As far as the communication goes, I am very proud of it. It is something that will stay in our show reel for long. I am proud that we did not succumb to clichés while charting out the communication and made the ads about celebration instead of showing the Indian woman as downtrodden and distressed till the product came along,” she explains.

    About the controversy that surrounds the ad, Nair believes that even a 10 second placement with the term ‘vaginal tightening cream’ would have evoked the same reaction. “We have been in the business long enough to know that you have to be sensitive with these kind of products. It’s a country that is still hidden under morals and notions like that and it is hypocritical at times. We have gone through the whole process of doing Balbeer Pasha and Liril. Increasingly now the case is that people jump to conclusions and start having issues with everything. If you see the kind of commercials that have been pulled up, even chocolates and sauces commercials are pulled up. All because somebody wakes up and objects because now they have the right to voice their opinion,” she points out.

    The year 2012 also saw Curry Nation start its own media division with their first client Weikfield. The agency also handled the media duties for ‘18 Again‘.

    Looking ahead at the year 2013, Nair and Pannaswami have their eyes set on two goals – consolidate the creative business and enhance and grow the media division.

    Explaining further, Pannaswani says, “It will be a phase of consolidation for us and for organic growth. Most of our growth has been organic. What has happened is that our existing clients have been giving us more business while we have added few clients. We do want to spread ourselves into other categories as well. But, again, there are only so many categories that are opening up in terms of ad spends. So this year, we would like to consolidate the brands that we have and focus on the media division which needs support and growth.”

    Looking at Curry Nation’s client roster, one observes two things – most of the clients are from the personal care/ health care category and all the clients are Indian companies.

    Nair explains that while neither has been a conscious occurrence, Curry Nation as a creative force lends itself well in both cases. “The DNA of Curry Nation is Indian-ness. We are very clear that we want to create communication that is relevant to contemporary India. India is a bit of a macro country and the people are very dimensional in their emotions. It is not like a single layer, there are multiple nuances to our culture. We always look for an Indian insight to employ in our communication and this is what makes us a good fit with Indian brands which is evident in our roster of clients.”

    On the acquisition front, Curry Nation is happy going solo as of now. “We are happy to be in a new and bigger office. It gives a feeling of growing. And it is satisfying. We are where we wanted to be as of now,” signs off Nair.

  • ASCI’S NAMS doubles number of misleading Ads monitored in 6 months

    MUMBAI: Advertising Standard Council of India‘s (ASCI) National Advertising Monitoring Service (NAMS) has succeeding in increased monitoring of misleading advertisements.

    In the six months of its existence, NAMS has doubled the number of misleading ads registered with Consumer Complaints Commission (CCC). It did not give the number of complaints filed against misleading advertisements. It, however, said the number of ads against which complaints have been upheld has jumped from 177 over full year last year to 205 within six months from May to October 2012.

    NAMS has been rigorously tracking most of the advertisements being released across print and television.

    ASCI chairman Arvind Sharma said, “This is a commendable milestone for the The National Advertising Monitoring Service‘ initiative introduced by ASCI, as we have been successful in doubling the number of misleading ads tracked within a very short period. NAMS is equipped to closely scrutinise a wide range of ads, thus preventing the exposure of misleading communication. We are confident that NAMS initiative will go a long way in not just helping the ad self-regulation redressal process manifold, but also in safeguarding the interest of Indian consumers.”

    The CCC has upheld 16 out of the 23 complaints against advertisements from various sectors it received for the month of October. Of these, six were from the education sector, two each from personal care, healthcare and media sectors and one each from the food and beverages, and insurance sectors.

    The CCC has upheld a complaint against Glaxosmithkline Consumer Healthcare Ltd. The complaint against Glaxosmithkline advertisement said that the print advertisement claimed that it was ‘1 Health Drink, 5 Proven Benefits‘, ‘Clinically proven‘ accompanied by the statement ‘claims based on a study by NIN Hyderabad comparing micronutrients enriched beverage vs non-fortified placebo‘ which was misleading and unsubstantiated as it does not disclose the year in which the said study was conducted and fails to disclose whether the product tested as part of the study was Horlicks. The complaint further agrued that the statement, “In an extensive 14-month clinical research involving 869 kids, half the kids were given Horlicks with milk and the other half kids were given an ordinary health drink. As a result of this study, Horlicks kids were found to have more bone area, more muscles, better concentration, more active nutrients and healthier blood. Making Horlicks India‘s only health drink shown to improve 5 signs of growth in children”. “Making Horlicks India‘s only health drink & shown to improve 5 signs of growth in children”, is false and misleading.

    The CCC ruled that the advertiser has failed to disclose the source of any well researched / accepted literature or reputed institute that suggests or recognizes these signs as “signs of growth”. The advertisement does not disclose the manner in which Horlicks provides comprehensive nutrition as has been claimed in the advertisement. The recommendation of Horlicks in every glass of milk is in contradiction with its own recommendation on the pack of Horlicks. Whereas the Horlicks pack, which also makes the same claim of 5 signs of growth, recommends Horlicks to be taken either in milk or water, both the print and the electronic advertisement recommend that Horlicks be taken with milk. The CCC noted that five out of the seven claims did not follow the guidelines prescribed by ASCI and therefore upheld the complaint.

    Cadila Healthcare Limited‘s Everyuth Natural Fairness Face Wash fell into trouble for its claim that it is the only one to have active mini capsules that clear the skin and make it look fair. The complainant argued that the advertiser needs to provide scientific proof and comparative data in substantiation of the claim. The data submitted by the advertiser is not a technology unique to them. The CCC concluded that the scientific data provided did not adequately support the claim that Everyuth Natural Fairness Face Wash “is the ONLY one to have active mini capsules that clear the skin and make it look fair”. The advertisement contravened Chapter I.1 of the Code and was upheld.

    HUL‘s Pepsodent Expert Protection Toothpaste print advertisement was found to disobey the Guidelines on Supers Size prescribed by ASCI. As per the complaint about the print advertisement, the complainant got the impression that she does not need to use dental floss or mouth wash as Pepsodent Expert Protection Toothpaste claims to provide the same equivalent benefits. On minutely going through this print advertisement, it shows a postscript at the end of the same which cannot be read at all. The CCC upheld the complaint and noted the advertiser‘s assurance that they have stopped the advertisement.

    The CCC upheld the complaint against IVYGMAT which offers GMAT Prep Course. The advertisement claimed that 356 students scored in the range of 760-790 marks in the last one year. It further said, “Train with the perfect 800 score trainer with minimum official GMAT Score”, and “The only trainer in India with a verbal score of 99th percentile.” The complaint found the claims to be false as the advertiser did not substantiate them with supporting data. The CCC concluded that the claims made in the advertisement and cited in the complaint were inadequately substantiated.

    The Institute of Finance and Accounts claimed 100 per cent job guarantee. According to the complaint, the advertiser‘s claim needs to be substantiated with statistical and other necessary data. The CCC agreed and found the advertisement contravened Chapter I.1 of the Code and upheld the complaint.

    The complaint against VPM Classes said that the advertiser‘s claims of being ‘India‘s no.1 coaching institute for higher education, having 800+ selections in MSc/ PhD/ MTech exams‘ and having ‘India‘s best performance in NET/IIT JAM‘ need to be substantiated with statistical and other necessary data. The CCC concluded that in the absence of comparative data of other institutes, the claims were not substantiated thus breached Chapter I.1 of the Code and the complaint was upheld.

    The NIBM PO Maker Institute‘s advertisement claimed that it has an important role in providing placements to more than 1,000 students during the last ten years and also claims to have been honoured as No. 1 in Jharkhand. The complainant argued that these claims need to be substantiated with statistical and other necessary data which the CCC agreed to and upheld the complaint considering it to disobey Chapter I.1 of the Code.

    In the complaint against Sky Academy the complainant argued that the advertiser‘s claim to be ‘India‘s No.1 Air Hostess/Flight Stewards Training Institute & offers 100% job placement‘ need to be substantiated with statistical and other necessary data. The CCC concluded that the claims mentioned in the advertisement and cited in the complaint, were not adequately substantiated. The complaint was upheld.

    Electronic Technology and Telecommunication‘s TVC claimed that ET & T ET & T-VC training provided in the institute helps earn 30k-40k per month. Here to the claim was found unsubstantiated with necessary statistical data and was upheld.

    Two complaints were reported against VLCC Personal Care Ltd for its advertisement on VLCC Health Care Shape Up and VLCC Shape Up Waist and Tummy Trim Gel. The basis of the complaints was that the ads were not substantiated with statistical and other necessary data to support their claims and were thus upheld.

    In the complaint against Dainik Divya Marathi the complainant argued that the ad claimed that the publication is No.1 in terms of circulation and readership. The advertiser has provided `In-house MIS‘ and `IMRB‘ as the source of their claim. The figures are neither supported by the Audit Bureau of Circulation nor by the IRS. Also, they have provided incorrect advertising market share figures for various categories without mentioning any source. Thus the figures are intentionally misleading. The CCC noted the contents of the brochure and concluded that the advertisement – brochure contravened Chapter I.1 of the Code and upheld the complaint. The CCC noted the advertiser‘s response that the said brochure has already been withdrawn.

    The other complaints that were upheld were against Max Life Insurance (Shiksha Plus II child plans), Alda Chimney and Sahara India TV Network all found to have contravened Chapter I.1 of the Code. The last advertiser was also found to have flouted Chapter I.4 of the Code.

    During the month of October, the CCC received complaints against seven additional advertisements. The complaints were received against the advertisements of Preethi Kitchen Appliances Pvt Ltd‘s ‘Preethi Mixer Grinders‘, Modi Naturals Limited‘s ‘Oleev Active Oil‘, Okaya Power Ltd‘s ‘Nasaka Xtra Pure Water Purifier‘, Nails Arina, Om Sai Ayurved India Ltd, Cadbury India Ltd (*)‘S ‘Cadbury Dairy Milk‘, Johnson & Johnson Ltd‘s ‘Listerine Mouthwash‘ . However, as these advertisements did not contravene ASCI‘s codes or guidelines, the complaints were not upheld.

  • No need for new laws to check mis-leading ads

    NEW DELHI: The Government has ruled out any new legislation to check the menace of misleading advertisements on the electronic or print media and feels the present laws are adequate to deal with the problem.

    Apart from enforcement of the Advertising Code and hearing of complaints by the Inter-Ministerial Committee of the Information and Broadcasting Ministry, misleading advertisements are also checked by the Advertising Standards Council of India.

    In addition, there are various laws which contain provisions with regard to advertising: the Drugs and Cosmetics Act 1940, the Drugs and Magic Remedies (Objectionable Advertisements) Act 1955, Food Safety and Standards Act 2006, the Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply, and Distribution) Act 2003, and Consumer Protection Act 1986 among others.

    Under the Consumer Protection Act 1986, making false or misleading representation materially misleading the public, giving false or misleading facts etc. have been notified as unfair trade practices and a consumer has the right to seek redressal in consumer forums for any loss suffered on account of such misleading advertisements.

    The Food Safety and Standards Authority prescribe for penal action against misleading advertisements pertaining to food products.

    Rule 7(5) of the Advertising Code is clear that no advertisement shall contain references which are likely to lead the public to infer that the product advertised or any of its ingredients has some special or miraculous power or supernatural property or quality, which is difficult of being proved.

    Information and Broadcasting Ministry sources also said the ASCI carries a scroll below advertisements where it attempts to say that the product advertised has not been tested by the Council.

    While the Press Council of India takes up all issues relating to misleading advertisements in the print media, the Inter-Ministerial Committee has been referring to ASCI all complaints received by it relating to various TV channels.

    The sources said that the advisories issued by the ASCI have been adhered to by the TV channels in almost all cases over the past two or three years.

  • HUL made to withdraw Pepsodent, Dove Hair ads

    MUMBAI: Advertising watchdog Advertising Standards Council of India (ASCI) has made FMCG major Hindustan Unilever to pull out two advertisements — Pepsodent Expert Protection Toothpaste and Dove Hair Fall Rescue Treatment – for breaching ASCI code.

    The withdrawal of the advertisements was done after ASCI‘s Consumer complaints Council upheld complaints against them. The complainant had pointed out that the Pepsodent TVC claimed “for effective cleaning in between teeth, we should use dental floss”. The TVC further claimed that Pepsodent Expert Protection toothpaste “contains germi-paste, floss-like inter dental action and long lasting freshening mouthwash”.

    These claims with regard to dental floss imply that instead of using dental floss consumers should use Pepsodent Expert Protection toothpaste. Also, this goes contrary to dentists‘ advice that one should use dental floss for effective cleaning in between teeth. The advertisement contravened Chapter I.1 of the Code.

    In the ad of Dove Hair Fall Rescue Treatment, the TVC claimed that, unlike other shampoos, Dove‘s rescue treatment nourishes hair and makes the roots strong in just two weeks. The council considered the technical data provided by the advertiser and concluded that the claims were not substantiated and it again contravened Chapter I.1 of the Code.

    The council also upheld complaints against 15 out of the 22 advertisements which were objected to during September 2012.

    In August too, the council had upheld complaints against two of HUL‘s ads promoting Rin detergent powder and Pepsodent Germicheck Magnet.

    Most of the ads found to be contravening the ASCI code continue to be from education, healthcare and FMCG sectors.

    In September, the council rejected complaints against seven advertisements.

    The other complaint upheld was against Panasonic India‘s print ads claiming that the Panasonic inverter saved up to 40 per cent energy, Panasonic Econavi saved up to 10 per cent energy and Panasonic Refrigerators have International safety standards, that they are Vitamin-safe (preserve vitamins) and Ag clean (non-stop air purification, kills 99.9 per cent bacteria). The complainant said the advertiser needed to provide all necessary data to prove these claims. In the absence of scientific studies from the advertiser, the council concluded that the claims made in the advertisement and cited in the complaint were not substantiated. The advertisement contravened chapter I.1 of the code, the council ruled and upheld the complaint.

    The complaint against Ultratech India‘s 18 Again Vaginal & Rejuvenating Gel too was upheld. As per the complaint, the print advertisement claims that, “it removes dry cells from vagina and replaces them with new cells”, “improves blood circulation”, “makes the vagina less vulnerable to infections”. The council concluded that whilst the advertiser provided the license approval given by the state FDA, in the absence of clinical studies, the claims made in the ad and cited in the complaint were not substantiated.

    Kimberly-Clark Lever‘s Huggies Total Protection Diapers‘ TVC claimed that, “The New diaper from Huggies is clinically proven”. The pack claims, “Clinically proven to help prevent diaper rash”. According to the complainant, the TVC claim and the pack claim misleads the consumers into believing that a proper clinical test has been conducted on Huggies Total Protection diaper whereas in reality there is no clinical data on Huggies to support the claims. The claim, “Huggies clinically proven” is a very broad claim and covers all the variants of Huggies. The super in the TVC did not comply with the guidelines laid down by ASCI. Also the super is blurred and illegible from a consumer point of view. The advertisement contravened Chapter I.4 of the ASCI Code as the “clinically proven” claim was neither representative nor adequately relevant given that testing was carried out in a different country with different climatic conditions and for a different product variant of the brand. This complaint was thus upheld. The supers that appeared in the TVC were also not clearly legible thus contravening the regulations of ASCI‘s minimum lettering size of supers. This complaint was also upheld.

    Among educational institutions, there were complaints against AIHM Institute of Hotel Management, Speedwings Aviation Academy, G-NET Business School Computer Education and Poddar Group of Institutions and all these were upheld.

    Jaypee Infratech‘s TVC shows “a Tata Safari car driven by a ruffian looking actor who is drinking while driving and who later gets hauled up by the police.” As per the complainant, in the TVC, Tata Safari brand is shown in wrong light and the logo is visible throughout the advertisement. The council concluded that the “use of Tata Safari logo” violated Chapter IV.2 of the ASCI Code as the advertisement made unjustifiable use of the logo of the complainant. The advertisement was also in contravention of Ch.IV.1 (e) of the Code where it discredits another product directly or by implication. The complaint was upheld. The council noted the advertiser‘s assurance that the TVC was being modified appropriately by “removing the Tata Safari logo”.

    In the case of Rejuvenation Centre, there was a complaint its print advertisement where it claimed that it “gives relief from knee pain without any surgery, 100 per cent cure, no side effect, no need to get admitted in hospital, it gives remarkable results, which is not seen in any other treatment and also effective in curing stiffness in shoulders, cervical, back pain and wrist pain. The complainant mentioned that the advertiser needs to substantiate these claims with supporting clinical information and with details of reports of tests/trials conducted by an independent recognised testing institution. In the absence of clinical data from the advertiser, the claims made in the advertisement and cited in the complaint were not substantiated. The advertisement contravened Chapter I.1 of the Code. The complaint was upheld.

    Glaxosmithkline Pharmaceuticals‘s Rota Virus Vaccine TVC said “the vaccine is the only way to reduce the incidence of infection and the fact that techniques like hand washing do not help”. This is a misrepresentation of facts. Rota virus is spread by ingestion of the virus from contaminated food and water. Hygiene helps reduce the spread of infection. The vaccine causes a fivefold increase in intussusceptions, a serious surgical condition that can result in death if not treated urgently. This is not explained in the advertisement. The council concluded that, the claim “the vaccine is the only way to reduce the incidence of infection”, was inadequately substantiated. And the statement, “Rota virus vaccine is the only way to treat Rota Virus” was misleading. The advertisement contravened Chapters I.1 and I.4 of the Code and the council upheld the complaint.

    Madhuraj Hospital‘s print advertisement claimed, “More than 10,000 couples have benefited with children and complete treatment and diagnosis is provided for infertility in males and females”. The council concluded that the claims were inadequately substantiated.

    The advertisement contravened Chapter I.1 of the Code. The complaint was upheld. The council noted the advertiser‘s assurance that the advertisement would not appear again in its present form.

    Regency Hospital‘s print ad claimed that it promotes treatment for growing hair naturally in one day. The complainant said this claim needs to be substantiated with statistical and other necessary data. The council concluded that the claims mentioned in the advertisement were inadequately substantiated and contravened Chapter I.1 of the Code. The complaint was upheld.

    During September, the council received complaints against another three print and four TV advertisements. The complaints received were against — Agron India‘s Intimaxx, Allergan Health Care India‘s Juvederm Injectable Gel Filler, Sri Manakula Vinayagar Engineering College, “Sharda University”, “Heinz India‘s Complan”, “Britannia‘s Milk Bikis”, “Hero Honda Motors‘ Hero Maestro”. However, as these advertisements did not contravene ASCI‘s codes or guidelines, the complaints were rejected.

  • HUL’s 2 ads pulled up, ASCI upholds 21 more

    MUMBAI: HUL‘s two ads, Rin detergent powder and Pepsodent Germicheck Magnet, have run into trouble with India‘s advertising watchdog, ASCI.

    As per the complaint, the TVC of Rin claimed that “only Rin has yellow fighters that brighten dull yellow clothes”. The Advertising Standards Council of India (Asci) concluded that the claim is false and misleading as it is not the only detergent to do so the ad contravened Chapters I.1 and I.4 of the Code.

    This is not the first time HUL has been pulled up for advertising Rin. In 2010, the FMCG giant had run into legal problems due to its ad that compared Rin with Tide. P&G, the company that owns Tide, had taken HUL to court and the High Court had issued a stay order on the said ad.

    HUL‘s second ad that got punished was for its Pepsodent brand. The complainant said that Pepsodent Germicheck pack that he brought which was 200g for Rs 64 had an offer of Pepsodent G 40g free. The free 40g toothpaste is not Pepsodent G, which is better quality toothpaste, but the free 40g toothpaste is also Pepsodent Germicheck. This is a promotion gimmick. The promotion message on the pack was misleading and contravened Chapter I.4 of the code.

    The Consumer Complaints Council (CCC) of the ASCI upheld complaints made against 23 advertisements out of 30 during August.

    The upheld ads were from various sectors like Education, Healthcare and FMCG with media houses. During the same period it did not uphold complaints against seven such advertisements.
    According to ASCI, the increase in complaints is largely due to National Advertising Monitoring Service (NAMS) which continues to monitor and pick up a large number of misleading advertisements across sectors.

    HT Media‘s Hindustan ki Lehar was upheld too. As per the complaint, the advertiser claimed that Hindustan ki Lehar “has a circulation of 12 Lakh copies”. The CCC concluded that the claim, “Hindustan has a circulation of 12 Lakh copies”, was not substantiated by an independent research organisation. The ads contravened Chapter I.1 of the Code.

    Divya Bhaskar Group‘s three ads were upheld. The ads were – Divya Marathi, Twice the readership in Bhatinda and Ahead in readership in Patiala. As per the complaint, the promotional material of the advertiser claimed that Divya Marathi has five editions which are the “No.1 dailies by circulation”. The figures given are completely different from the circulation figures given by the ABC (Audit Bureau of Circulations) and are misleading. The publicity material contravened Chapter I.1 of the Code.

    Twice the readership in Bhatinda ad claimed that “their readership is twice that of competition in Bhatinda city” while ‘Ahead in readership in Patiala‘ ad claimed that “their readership is 20 per cent more than that of the competition in Patiala city”. The CCC concluded that the claims of the ads were not substantiated by an independent research organisation. They both contravened Chapter.I.1 of the Code.

    In Cavinkare‘s ‘Fairever Fairness Cream‘ ad, the advertiser claimed that Fairever Fairness has a natural fairness system with saffron, milk and wheat germ oil that prevents skin from darkening and gives clear smooth skin. The complainant said that the advertiser needs to give scientific proof in substantiation of these claims. In the absence of scientific proof, the CCC concluded that the claim, “the cream prevents the skin from darkening”, was not substantiated. The advertisement contravened Chapter I.1 of the Code. It was upheld.

    Ultratech India‘s ad- 18 Again – Vaginal Tightening and Rejuvenation Cream was upheld. As per the complaint, ‘‘18 Again‘‘ claims vaginal tightening and rejuvenation of the vagina and it says “Feels like a virgin”. The TVC also shows an old lady ordering the product. The entire TVC represents vulgarity, in light of the generally prevailing standards of decency and propriety, which would cause widespread offence particularly among women. The advertisement contravened Chapter II of the Code.

    In education sector the ads that were upheld were that of EMDI Institute Of Media & Communication, Mangalayatan University, NIFE Institute Of Engineering, Sigma Institute Of Management and Technology and M S Ramaiah Institute Of Technology.

    TVC Sky Shops‘ Dr. Slim Tea print ad claimed that Slim Tea being an herbal tea can help lose weight effectively. The CCC concluded that the claims made in the ad and cited in the complaint were not substantiated with clinical trials. Since the ad contravened Chapter I.1 of the Code, the complaint was upheld.

    TVC Sky Shop‘s another ad on Full Gliding LG Touch Screen was upheld. As per the complaint, the Complainant ordered an LG mobile phone from TVC Skyshop in May 2012 for a special offer price of Rs 5890 plus Rs 250 for delivery charges. The phone was delivered two weeks later but the phone supplied was not an LG phone but some other brand. The touch screen was not working properly and the QWERTY key pad numbers were not functional. The pouch supplied did not fit the phone. The CCC concluded that the mention of the LG logo contravened Chapter IV.2 of the Code – “Advertisements should not make unjustifiable use of the name or initials of any other firm, company or institution, nor take unfair advantage of the goodwill attached to the trademark, or symbol of another firm”.

    In healthcare sector the ads that were pulled out were of Lida Slimming Pills, Global Heart Foundation, Obecu Capsule (Nirmeeti Health Care), Telebrands India‘s Chimaxx Daily Walke and Sanchi Namkin & Sada Matta (Bhopal Sahakari Dugdh Sangh Maryadit).

    Brad Eye Glass Remover ad that claimed- “Remove eyeglass with 100 per cent Ayurvedic eye drops”, “Helps reduce eyeglass 0.5 per month”, “Helps remove cataract without operation”, “Helps diabetes patients, darkness”, “No side effect”. The ad misleads eye patients into not using eyeglasses and to rely on the eye drops. The ad also misleads diabetics into rely on this product. The print advertisement claims and the website claims need to be substantiated with data from independent research. The CCC concluded that the claims made in the advertisement and cited in the complaint were not substantiated. The ad contravened Chapter I.1 of the Code. The complaint was upheld.

    Sistema Shyam Teleservices‘ MTS Mblaze ad was upheld. As per the complaint, the advertiser claims to be India‘s Fastest Internet service provider. The CCC concluded that in the absence of comparative data, the claim “India‘s Fastest Internet service provider” was not substantiated. The advertisement contravened Chapter I.1 of the Code.

    In Farmtrac 40 Tractor‘s ad there is a wrong interpretation of the concerned product feature. The ad compares wheel base of the two tractors, and claims that Farmtrac 40‘s slightly longer wheel base provides better stability in haulage work. The CCC concluded that the comparison of the two tractors on only a few factors is likely to mislead consumers that the Advertiser‘s product is better than the complainant‘s. The ad was misleading by omission and contravened Chapter I.4 of the Code. The complaint was upheld.

    During the month of August, the CCC also received complaints against seven print ads. The complaints were received against the ads of “Whirlpool Cooking Appliances”, “Massey Ferguson Tractors”, “Hemor Rite”, “Metro Group of Hospitals”, “Graphic Era University”, Best Brown Rice, Mohak Hi-tech Speciality Hospital. However, as these advertisements did not contravene ASCI‘s codes or guidelines, the complaints were not upheld.