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Tag: ASCI

  • ASCI upholds 25 out of 38 ad complaints

    MUMBAI: Hindustan Unilever Ltd‘s (HUL) Pepsodent Germicheck Magnet and Ponds Gen White advertisements and Glaxosmithkline Consumer Healthcare‘s Boost advertisement were among those which were disapproved by the Consumer Complaints Council (CCC) of the Advertising Standard Council of India (ASCI) in July.

    These were among the 25 advertisements against which complaints were upheld by the council. The council had in July received a total of 38 complaints against advertisements by companies from various sectors including education, healthcare, FMCG and food.

    The council upheld complaint against HUL‘s Pepsodent Germicheck Magnet ad. As per the complaint, the TVC claimed that Pepsodent Germicheck Magnet toothpaste “is better than the well-known toothpaste”. The council concluded that the Survey Report submitted by the advertiser does not substantiate the claim made in the ad. The ad contravened Chapter I.1 of the advertising code.

    Another ad of HUL that came under scanner was that of Ponds Gen White. As per the complaint, the TVC claimed that Ponds Gen White is the first cream which adapts to skin type and gives spotless fairness. The council said the advertiser needs to substantiate these claims with scientific and comparative data. It concluded that the claim was not substantiated adequately and hence, the ad contravened Chapter I.1 of the code.

    A complaint against Glaxosmithkline Consumer Healthcare‘s Boost‘s ad was also upheld. As per the complaint, the TVC claims that “the consumption of Boost not only increases oxygen consumption but gives three times more stamina”. The CCC concluded that the claim, “Boost gives three times more stamina”, is misleading by reason of ambiguity. The ad contravened Chapter I.4 of the Code.

    The complaints against other ads that were upheld in the healthcare category were Jyothy Laboratories‘ Maxo Max Power Liquid.

    The number of advertisements examined by the council has more than doubled from an average of less than 15 every month to 38 in July, since the formation of National Advertising monitoring Service (NAMS).

    Through NAMS, ASCI has received complaints against 131 advertisements in just one quarter, about 76 per cent more than the complaints against advertisements (177) in the last one year.

    A complainant against Euro Fashion Inners‘ television commercial (TVC) said it offended decency and appeared vulgar and suggestive. The CCC concluded that in the light of generally prevailing standards of decency and propriety, the TVC was likely to cause grave or widespread offence. It contravened Chapter II of the Code and was Upheld. The CCC noted the advertiser‘s advice that the campaign concluded in mid-June and the said commercial is not on air presently.

    In healthcare category, a complaint against Ranbaxy Laboratories‘ Revital Woman ad was upheld. The council concluded that in the absence specific scientific data, the claims made in the advertisement and cited in the complaint were not substantiated. The advertisement contravened Chapter I.1 of the Code.

    There was a complaint against Knorr Soupy Noodles ad‘s claim that one crore children like it. According to the complainant, the advertiser needs to provide statistical proof in substantiation of the claim. The council considered the data submitted by the advertiser, and concluded that the claim “1 crore children like Knorr Soupy Noodles” was not substantiated adequately. The advertisement contravened Chapter I.1 of the Code. The complaint was upheld.
    The complaints that were upheld were against ads of Career Launcher – CSAT Classroom Program, Oriental Group Of Hotel Management Institute, Tara Homeopathy Clinic, Umalaxmi Organics, Western Institute of Technology, Footwear Design and Development Institute, Dr K K R Gowtham International School, Flair Writing Instruments and The Kavery Engineering College.

    A complaint against Fair and Kwick Fairness Cream‘s ad was upheld too. The council concluded that, in the absence of technical data, the claims made in the advertisement (Cream cleans the face deeply, removes spots, softens the skin) and cited in the complaint were not substantiated. The advertisement contravened chapter I.1 of the code.

    A complaint against the print advertisement of Shopping India Times luring customers to purchase products through telephone was also upheld. A customer who purchases products by using a credit card was entitled to get free Indiatimes gift coupon worth Rs 250. The advertiser cannot or is unable to fulfill the promises made in the print advertisement. The advertisement is false and misleading. The council noted the correspondence between the advertiser and the complainant and concluded that the inordinate delay in sending the promised gift coupon did not amount to an unintentional lapse in the fulfillment of the advertised promise. The advertisement contravened chapter I.7 of the code.

    Another complaint that was upheld was against the advertisement of Dhathri Hair Care Range. As per the complaint, the print ad claims that Dhathri Hair Care Plus Herbal Oil stops hair fall, it gives nourishment till the roots of the hair and stops hair fall within few weeks, contains high percentage of dye content which acts as a natural agent in hair colour, indigofera tentoria, bajeracoeniji, datura metal, cardiosperumhelikakadum and other 21 ayurvedic herbs are added in pure coconut oil to prepare Dhathri hair oil. The CCC concluded that the claims mentioned in the advertisement and cited in the complaint were not substantiated. The advertisement contravened chapter 1.1 of the code.

    The print ad of Cosmetic Surgery Clinic claims that, after hair transplant there will be a natural growth of hair. They also claim that with liposuction there will not be any reformation of fat in the body. The advertiser needs to provide scientific proof and supporting clinical information with details of reports of tests/trails conducted by an independent recognised testing institution. The CCC concluded that the claims mentioned in the advertisement and cited in the complaint were not substantiated. The advertisement contravened Chapter I.1 of the code. The complaint was Upheld.

    Yash Ayurvedic & Non Surgical Clinic‘s print advertisement claims things like that it cures diabetes within 90 to 120 days, give relief within 7 days from knee and joint pain, treats asthma and piles in 10 days. The advertiser needs to substantiate these claims with supporting clinical information and with details of reports of tests/trails conducted by an independent recognised testing institution. The CCC concluded that the claims mentioned in the advertisement and cited in the complaint, were not substantiated. The advertisement contravened Chapter I.1 of the Code. The complaint was Upheld.

    As per the complaint, the Ayurved Bhavan‘s print advertisement claims that one can see an effect in seven days after treatment from Ayurved Bhavan and also reduction in creatinine and urea, fastest increase in haemoglobin. The CCC considered the lab reports of a few patients sent by the advertiser, and concluded that the claims mentioned in the advertisement and cited in the complaint, were inadequately substantiated. The advertisement contravened Chapter I.1 of the Code. The complaint was Upheld.

    Passport Spray‘s ad shows “a mother sending her young son for delivering some gifts to the neighbour who is a young adult lady. She opens the door on arrival of the boy. She then seduces him and takes him inside the house. After a while the mother is shown on the door enquiring about her son, and the son is putting on his clothes”. The advertisement ‘has crossed all limits of vulgarity. The advertisement will have a bad impact on the children,‘ the complainant said. The CCC concluded that, in the light of generally prevailing standards of decency and propriety, the TVC was likely to cause grave or widespread offence. The advertisement contravened Chapter II of the Code. The complaint was Upheld. The CCC noted the advertiser‘s assurance that they have modified the TVC appropriately.

    The CCC also upheld Veg Fru Wash‘s ad. The CCC concluded that the claim, Veg Fru Wash “kills pesticides, bacteria and viruses from all fruits and vegetables”, was not substantiated. The advertisement contravened Chapter I.1 of the Code.

    During the month of July, the CCC also received complaints against three print advertisements and 10 television commercials. The complaints were received against the advertisements of “Smart Prep‘s Guidance & Expert Training‘‘, “Nestle Neslac‘‘, “Brainwork‘s Learning Systems Pvt Ltd ‘‘, “Eshwar Trust‘‘, “UTV Stars‘‘, “Lovable Lingerie‘‘, “Fast Track Bags‘‘, “Vivel Active Fair‘‘, “Aquaguard‘‘, “Dettol Liquid Hand Wash‘‘, “Vera Mustard Oil‘‘, “Himani Navratna Extra Thanda‘‘ and “AVJ InfoTech Pvt Ltd.‘‘ However, as these advertisements did not contravene ASCI‘s codes or guidelines, the complaints were Not Upheld.

  • CII’s white paper suggests co-regulation to check misleading ads

    NEW DELHI: The solution to the problems posed by misleading advertisements is not to add one more legislation in the form of an Administrative Authority as proposed by the Department of Consumer Affairs but lies in co-regulation, according to the Confederation of Indian Industry.

    The CII has come out with a white paper on “Self-Regulation in Advertising in India- A critical Evaluation” issued by the CII National Committee on Marketing, according to which co-regulation between the Advertising Standards Council of India and regulators like DCA, Food Safety & Standards Authority of India (FSSAI) and Ministry of Information & Broadcasting was an effective solution.

    The paper was released today in the presence of CII National Committee on Marketing Chairperson Thomas Varghese, CII President Adi Godrej, KPMG Partner and Head FDCO Nandini Chopra who made a detailed presentation on the paper, former ASCI Chairman Sam Balsara, Centre for Media Studies Director P N Vasanti, and CII Director General Chandrajit Banerjee.

    Godrej urged the Department of Consumer Affairs to reconsider its recent proposal to set up a parallel Administrative Authority which we strongly feel will delay the process of consumer redressal and be counter-productive to its intent. Instead, we request them to consider partnering with and strengthening the current mechanism of self regulation through ASCI further, a win-win for consumers, industry and the Government.

    Co-regulation will ensure that ASCI and the government work together with all stakeholders to enforce compliance currently vested with ASCI but without any punitive powers. The whitepaper recommends only in cases of non-compliance of the Consumer Complaints Council’s (CCC) decisions, should the matter be referred to the related/ parent regulatory body for further required actions.

    The white paper, while appreciating measures taken by ASCI to check misleading ads, has suggested mandatory membership of ASCI for all industry players with exposure to advertising industry in India – the media vehicles, the advertisers and advertising agencies.

    It has also said that the ASCI Code should be integrated into statutory provisions: Sub rule (9) of rule 7 having Advertising Code of the Cable Television Network Rules, 1994 prohibits TV channels from carrying any advertisement that is in violation of the ASCI Code.

    Similar provisions may be introduced in other statutes like Press Council of India’s Advertising Code to ensure that advertisements while in conformity with the statutory provisions also adheres to the ASCI Code.

    The coverage of ASCI Code should be expanded to digital and social media to monitor digital and home shopping networks including outdoor advertising and mobile advertising. Large digital companies like Google, YouTube, and Twitter must join as members and compulsorily sign on to ASCI code.

    It has also made suggestions that have far reaching effect like the one to suspend ads pending enquirY. This is one of the major concerns, and therefore control is required on account of advertising with sexual overtones, religious underpinning, and delivery of magical remedies/promotions in the mushrooming Indian advertising industry.

    To stop airing such advertisements a special fast track process which involves temporary suspension of an advertisement, which prima facie causes harm to the society, pending final decision by CCC can be implemented, CCI has suggested in its white paper.

    Co-regulation between ASCI and DCA has been suggested as an effective solution instead of a new legislation. The committee has drawn a parallel with the successful model of Advertising Standards Authority (ASA) in UK, which does not possess any punitive powers but co-regulates with the government bodies to ensure smooth control over the misleading advertisements in that market.

    The paper also recommends building awareness about ASCI’s role and code amongst the stakeholders through actively leveraging various media vehicles. ASCI should supplement communication with key stakeholders- industry, regulators, consumers and activists.

    To stimulate the discussions at national level, all the corporate and industry associations should engage with the Indian advertising industry to support, defend and engage actively on the Code of Standards for Advertising, in India.

    The white paper specifically says areas where support is required include Industry members promoting the code on all occasions; and the decisions of the Consumer Complaints Council should be respected and complied with in relation to current and future campaigns.

    The paper further stresses on an incessant drive to improve the complaints handling system with an emphasis on continuous review and improvements to the system. This will revitalise ASCI as a more efficient and transparent Self-Regulatory Organisation.

  • Arvind Sharma is new chairman of ASCI

    Mumbai: Chairman of Leo Burnett India Sub Continent Arvind Sharma has been elected as the new chairman of the Advertising Standards Council of India (ASCI) at its board meeting held on Thursday.

    He replaces Eenadu Director I Venkat. Sharma is also the President of Advertising Agencies Association of India (AAAI).

    Partha Rakshit Associates proprietor Partha Rakshit has been elected vice-chairman while CEO-designate of Maxus Global Vikram Sakhuja has been re-appointed the honorary treasurer.

    The other members of the new Board of Governors are: Advertisers: Narendra Ambwani (Agro Tech Foods), Hemant Bakshi (Hindustan Unilever), Rajiv Dube (Aditya Birla Management Corporation), Shantanu Khosla (Procter & Gamble Hygiene & Health Care); Media: Rajan Anandan (Google India), Sunil Lulla (Times Global Broadcasting Co.), Benoy Roychowdhury (HT Media), I Venkat (Eenadu); Advertising Agencies: Subhash Kamath (BBH Comms India), Srinivasan Swamy (R.K. Swamy BBDO). Allied Professions: Dilip Cherian (Perfect Relations), Dhananjay Keskar (IBS), Pranesh Misra (Brandscapes Consultancy P. Ltd.).

    Releasing the report for 2011-12, ASCI said the Consumer Complaints Council (CCC) met 16 times and considered 2,986 complaints against 176 advertisements. Of these, complaints against 103 ads were upheld, 69 were rejected and 4 were considered non-issues. As many as 89 ads complaints against whom were upheld were voluntarily withdrawn or modified as per the CCC‘s decisions, resulting in over 86% compliance rate.

    Venkat said, “The last year has seen ASCI take various initiatives to strengthen the Self Regulatory System. These included increasing the frequency of Consumer Complaints Council to twice a month, introduction of the Fast Track Service, having a National Conference on Strengthening Self-Regulation of Advertising Content, engaging with young Creatives through a Mobile Film Contest at the Goafest, interacting with the Department of Consumer Affairs and participating in their Conferences on Misleading Advertisements. ASC has taken a giant leap forward in introducing the National Advertising Monitoring Service (NAMS) which monitors 1500 TV and 45000 newspaper Ads per month. All in all a very satisfying year for ASCI. ASCI is the first self regulatory body in the world to initiate monitoring of almost all newly released ads in print and TV nationally with NAMS.”

    The incoming Chairman Arvind Sharma said, “It is indeed an honour to be elected as Chairman of ASCI which has progressively contributed to effective Self-Regulation in Advertising content. We are confident that the Ad sector, industry bodies‘ regulators, consumer activists and the general public will actively seek ASCI‘s services and take Self-Regulation forward.”

  • Asci upholds 25 out of 38 complaints

    MUMBAI: The Consumer Complaints Council (CCC) of the Advertising Standard Council of India (Asci) upheld complaints made against 25 advertisements from various sectors like education, healthcare, FMCG and F&B sectors, ads of which are being tracked on TV and newspapers nationally by NAMS in June 2012.

    During the same period, the CCC did not uphold complaints against 13 ads while decision on one ad was kept pending.

    In the healthcare sector, Leonardo Olive Pomace Oil ad, which claimed that the oil “fights cholesterol and heart disease” and “lowers blood pressure”, was upheld. The CCC concluded that the claims mentioned in the ad and cited in the complaint were not substantiated. The advertisement contravened Chapter I.1 of the Code.

    Another ad that was upheld was of Kwality Walls Selection. According to the complainant, the advertorial makes a clear mention of the Kwality Walls Strawberry and Cheesecake as being an ice cream, when in reality it is a frozen dessert. The CCC concluded that the “mention of Kwality Walls as an ice cream”, is misleading and the advertorial contravened Chapter I.4 of the Code.

    According to the complainant, the communication in the Amul Ice cream‘s leaflet shows a “Kwality Walls” cup to depict Frozen Desserts as the words “feel it say it” can clearly be noticed from the picture of the cup on the leaflet. The communication tantamounts to generic disparagement of the Frozen Dessert as a category in general and Kwality Walls Frozen Dessert in particular.

    The communication further tries to pass off ice creams as a complete food which is easy to digest and full of energy. It is categorically stated no food can be termed a complete food, much less an ice cream. The CCC noted the contents of the advertisement and checked the advertiser‘s response and concluded that the advertisement did not denigrate the complainant‘s product. However, the portrayal of ice cream as a “complete food” was misleading and contravened Chapter I.4 of the Code. This complaint was upheld.

    Also, the complainant noted that Cadbury Chocolates‘ ad is clearly in breach of the Maharashtra Prohibition of Ragging Act, 1999 as it directly/indirectly propagates ragging. The CCC concluded that the ad is in breach of the law and contravened Chapter III.4 of the Code. The complaint was upheld.

    The other ads that were upheld in the healthcare sector were of Lotus Mustard Oil, TV 24 Shopee India, Om Healthcare Centre‘s Good Health, Slim Life, Sesa Hair Oil, Perma Healthcare‘s Seatone and Natural Medicine.

    Dainik Bhaskar‘s ad was also pulled up by the CCC. According to the complainant, the print advertisement on the hoarding claims that Dainik Bhaskar “is 3 times of Dainik Jagran” and quoted false circulation figures both for themselves and for Dainik Jagran and also did not mention any source in their advertisement. The advertisement contravened Chapter I.4 of the Code.

    According to the complainant, the print advertisement of Parachute Advanced Coconut Hair Oil claims that, “I have the World‘s Best Hair and so do you”, “International hair research has found that Parachute Advanced users have the World‘s Best Hair”. Claiming that Parachute Advanced users have the world‘s best hair is a superlative claim. The quality of hair does not depend only on hair oil. The CCC considered the technical data and concluded that the claim that its users have the “World‘s Best Hair”, is misleading. The advertisement contravened Chapter I.4 of the Code. The complaint was upheld.

    Luminous Battery/Inverter as was also upheld because the CCC concluded that the claims mentioned in the advertisement like “Luminous Batteries give more backup when compared with other batteries” and cited in the complaint were not substantiated. The ad contravened Chapter I.1 of the Code.

    Leads Bariatrics‘ TVC, which claimed “give a scar less weight loss surgery”, was upheld as the CCC concluded that the promotion of weight loss surgery is an oversimplification of the remedy to reduce weight. The claim is misleading.

    Pure Roots Gold Cream Bleach‘s TVC claimed that the bleach has pure gold added in it. It also claims to remove dead cells and opens pores and gives instant glow in just ten minutes. According to the complainant, the advertiser needs to provide scientific proof to substantiate this claim. In the absence of supporting clinical information from the advertiser, the CCC concluded that the claims mentioned in the advertisement and cited in the complaint, were not substantiated. The advertisement contravened Chapter I.1 of the Code. The complaint was upheld. As per the advertiser‘s response, their company believes in fair and proper competition. On receiving a complaint from ASCI, the advertiser has already modified the said advertisement immediately.

    The CCC concluded that the TVC for Third Eye of Nirmal Baba is likely to encourage superstition as well as it is likely to lead to grave or widespread disappointment in the minds of the consumers. The advertisement contravened Chapter I.5 of the Code. The complaint was upheld.

    Videocon Air Conditioner‘s ad with claims like “Your daily dose of good health from Videocon air conditioners” and “Vita Air technology releases Vitamin C into the air” was pulled up by the CCC. The complaint said that the advertiser needs to substantiate these claims with technical comparative data. In the absence of comments from the advertiser, the CCC concluded that the claims mentioned in the advertisement and cited in the complaint, were not substantiated. The advertisement contravened Chapter I.1 of the Code.

    In education sector, the CCC upheld the complaint against ads of Career Launcher‘s Powerful Prep Program, T.I.M.E. BBS/BCA/HM/LAW, Institute of Apparel Management, NIPS School of Hotel Management and Nalanda Institute of Advanced Studies Lovely Professional University.

    Smartprep Education Smart Prep‘s Guidance and Expert Training was also upheld. As per the complaint, Smart Prep claims that its faculty has “delivered 5 out of top 10 Ranks and 46 out of top 100 ranks in BBS‘11”. Smart Prep should submit detailed evidence/ independent substantiation to validate its claim and is kept pending. The CCC considered the data submitted by the advertiser. The claim can be considered substantiated subject to a spot check by the ASCI Secretariat.

    The CCC also received complaints against two print advertisement and 10 television commercials during the month of June 2012. The complaints were received against the ads of “Smart Prep Education Pvt Ltd.‘s Unique Training System‘‘, “Kamal Toordal”,” Uninor”, “Airtel”,” Indica 10 minutes Herbal Hair Colour”, “Fiat Punto Sport”, “Ayur Sunscreen Lotion”, “Nasivion “, “Fiama Di Wills‘s bathing bar “, “Sanofi Seacod “, “New Extra Strong Axe” and “Mahindra Duro 125 DZ”. However, as these advertisements did not contravene Asci‘s codes or guidelines, the complaints were not upheld.

  • Tata Sky and Lokmat among 9 ads in May that ASCI indicts

    MUMBAI: India‘s advertising watchdog, ASCI, has upheld complaints made against nine advertisements in May, including that of Tata Sky‘s tirade against cable TV and Marathi newspaper Lokmat‘s tall circulation claims in Pune.

    The Advertising Standard Council of India (ASCI) found Tata Sky‘s print ad stating ‘Cable is just a Dabba‘ as unfairly denigrating other products. The direct-to-home (DTH) operator was referring to the cable set-top boxes (STBs) as ‘dabba‘ implying that it was of non standard or poor quality box, which is not the fact.

    The ad, which appeared in The Hindu‘s Chennai edition (dated 30 March 2012), contravened Chapter IV.1 (e) of the Code, ASCI pointed out.

    In the wake of digitisation mandated by the government, DTH operators have launched aggressive ad campaigns to take away share from cable TV networks. Airtel digital TV, for instance, launched an ad stating “Sirf Cable Nahi Life Badlo”, urging consumers to make the shift away from cable to DTH.

    The government has fixed 31 October as the deadline for digitisation in the four metros of Delhi, Mumbai, Kolkata and Chennai, pushing back the sunset date of analogue cable by four months.

    The Consumer Complaints Council (CCC) of ASCI also upheld the complaint against Lokmat‘s ‘No. 1 Newspaper‘ ad in which the Marathi daily claimed to have added 65,000 readers in SEC A segment in Pune. The watchdog pointed out that Lokmat did not mention the period over which this growth has been attained, which in itself is misleading.

    As per IRS 2011 Q4, in the last quarter Lokmat has added only 5000 SEC A readers in Pune city. The CCC concluded that Lokmat‘s claim in Pune was misleading as the advertisement did not mention the reference period pertaining to the source data. The advertisement contravened Chapter I.4. of the ASCI Code.

    Brooke Bond‘s ad to promote its Red Label Natural Care Tea brand was indicted for not adequately substantiating the claims made for enhancing immunity by consuming the tea product. In the ad, Broke Bond had said that the product has a “scientifically proven combination of five ayurvedic ingredients (tulsi, ashwagandha, mulethi, ginger and cardamom) to strengthen “your body‘s defence” and, thus, helps in protecting “you and your family from cold, cough and flu”. It further stated that it “is clinically shown that drinking three cups of Brooke Bond Red Label Natural Care daily helps enhance one‘s immunity”. The advertisement contravened Chapter I.1 of the Code.

    Another complaint upheld was IMS – Score more at BBA / BBS. The ad that appeared on its website claimed that ‘143 IMS students got selected into SSCBS in the year 2011‘. The ad shows a bar chart showing selection of IMS students into SSCBS over the years 2008 to 2011. The CCC concluded that, in the absence of validation by an independent agency / Chartered Accountant, the claims mentioned in the advertisement and cited in the complaint, were not substantiated.

    Glenmorangie‘s print advertisement which appeared in Conde Nast India in the February 2012 issue was complained against and upheld. The ad states: “Why is it so important that we only use our casks twice? Taste Glenmorangie and the question becomes rhetorical”. The visual depiction of the brand name is suggestive of a well-known brand of liquor- Glenmorangie. In the absence of specific information, the ad appears to be a surrogate advertisement for Glenmorangie. The CCC concluded that it was surrogate ad for a brand of alcohol- Glenmorangie. The advertisement contravened Chapter III.6 of the Code.

    Alchemist‘s claim of ‘India‘s most successful MBA prep‘ was pulled up too. It has not been backed up and substantiated and there is no validation / check by any independent agency that confirms this claim. In the absence of any proof, supporting information, from the Advertiser, the CCC concluded that the claim, ‘India‘s Most Successful MBA Prep‘ was not substantiated. The advertisement contravened Chapter I.1 of the Code.

    Shree Maruti Herbal‘s print advertisement on ‘Maruti Stay -On Capsules & Oil‘ was complained against and upheld for claiming it ‘helps improve vitality, stamina and energy‘. The website also claims ‘Stay-On guarantees – Sexual performance of adults in all age groups‘. The CCC concluded that the claim, ‘helps improve vitality, stamina and energy‘, was not substantiated. The advertisement contravened The Drugs & Magic Remedies Act. Also, the advertisement tends to create, by implication, a perceived inadequacy of physical attributes, in this case the impotence and infertility, which could be objectionable to both men and women. The advertisement contravened Chapters I.1, III.4 and I.5 (d) of the ASCI Code.

    Jake‘s Beauty-Spa-Salon & Academy received a complaint related to its design and copy. It is similar to the Complainant‘s ad of ‘Schnell Hans Salon Spa & Academy‘. The CCC concluded that the headline, ‘Your Passport to Success‘, was similar to the complainant‘s advertisement and, thus, suggested plagiarism. The ad contravened Chapter IV.3 of the Code.

    The ad of Nikon camera was also upheld. According to the complainant, the TV commercial required permission from the Animal Welfare Board of India (AWBI) for the use of birds in advertisement or films. In the application by Nikon, permission was asked for four sparrows to be shown in their natural habitat with a girl playing and passing through. In reality, the birds turned out to be cockatiels which are being used as toys by the girl and perch on her shoulders among other things. The CCC concluded that as the requisite permission was not received from the AWBI to shoot cockatiels in the TVC, it was in violation of The Performing Animals Registration Rules 2001. The advertisement contravened Chapter III.4 of the Code.

    During the month of May, the CCC also received complaints against five television commercials. The complaints were received against the ads of Midas Care‘s Clean & Dry cream, Sprite Cold drink, Emami‘s Fair & Handsome for Men, Gillette Mach 3 and Extra Strong Axe. However, as these ads did not contravene ASCI‘s codes or guidelines, the complaints were not upheld.

  • NAMS identifies 55 potentially misleading TV and Print ads

    Mumbai: NAMS, the National Advertising Monitoring Service, has tracked down 55 print and TV ads as potentially making misleading/false/unsubstantiated claims. Hence, they were violating chapter 1 of ASCI ad code.

    NAMS was set up by ASCI in partnership with TAM on 1 May with a mission of reducing misleading advertisements. It aims at improving the self-regulatory mechanism by speeding up the processes and compliance of its codes for advertising content.

    NAMS monitored 40 print and 15 TV commercials in the first month of its launch. According to the advertising regulatory body, this is a huge jump in the first month of proactive monitoring as before NAMS there were only 177 ad complaints in the fiscal year 2011-12. This is as much as 31 per cent of ads to be processed in just one month of what was done in 12 months.

    ASCI chairman I Venkat said, “We are enthused with the results shown by NAMS in the first month of the proactively monitoring of ads. Going by the initial results I am confident that NAMS will enhance the ad self regulation redressal process manifold. We now expect to see significant reduction in ads making misleading, false or unsubstantiated claims in the future with start of NAMS and consumers in India will benefit immensely.”

    As per ASCI‘s agreement with TAM Media Research, AdEx India identifies ads which are in potential violation of Chapter 1 of ASCI code.

    AdEx India monitors newly released ads in the auto, banking, financial services and insurance, FMCG (incl. F&B), consumer durables, educational institutions, health care products and services, telecom and real estate sectors. The scope of work covers the tracking of more than 30 Newspapers (all editions) which contribute to over 80 per cent of national newspaper readership and all TV Channels across the country in all Indian languages.

    Ads seen as those potentially violating Chapter 1 of ASCI Code are forwarded to ASCI on a weekly basis, post which ASCI process them as per its normal complaint procedure involving its Consumer Complaints Council (CCC) for adjudication.

  • Asci pulls up Dainik Jagran’s & Vodafone’s ads

    Asci pulls up Dainik Jagran’s & Vodafone’s ads

    MUMBAI: Asci, the watchdog of the Indian ad industry, has received 24 complaints for the period of March and April, out of which it has upheld half of them.

    Most of these ads are part of the healthcare and personal hygiene sector.

    The Consumer Complaints Council (CCC) of Asci has come down heavily on two of media house Dainik Jagran‘s advertisements in April for being false and misleading. The news papers through ads made claims like “Haryana mein Dainik Jagran 2 guna Dainik Bhaskar se” when in fact it had used the data of readership for the city of Faridabad.

    The CCC noted that Dainik Jagran‘s claim was not made on the basis of Average Issue Readership (AIR) and thus was misleading.
    On another occasion, Dainik Jagran‘s advertisement which stated that Dainik Jagran is “Haryana‘s No.1 newspaper,” was also pulled up for misleading the readers by using visual aids to create the illusion of its leadership and gap between the newspaper brands. Complaints against both these print advertisements were upheld for being false and misleading.

    Telecom service provider Vodafone was under the radar in April, for its TVC which depicted school going kids getting attracted towards each other and falling in love. The CCC concluded that the ad was upheld since the sexualised subtext of young teens being attracted to one another was likely to cause grave and widespread offence.

    Euro Fashion Inners‘ print advertisement showing ‘naked men holding cockerels against their pelvic region while asking ‘what‘s your size‘?‘ received complaints saying it was obscene and seriously offensive to public decency. The ad was upheld and the advertiser was asked to stop the campaign.

    Sareen Hair Clinic was reprimanded for its advertisement wherein it made unsubstantiated claims of helping get hair back naturally in just one day procedure.

    The claims were made in the absence of any proof or supporting clinical information and reports of tests/trails conducted from an independent recognised testing institution. Considering the lack of information and proof, the CCC concluded that the advertisement is likely to mislead consumers and upheld the complaint.

    Carrying the lines ‘Reduce upto 5 kg, Lose up to 15 inches with Ultra Lypolysis Program, Advanced treatment free,‘ Fit and Fine Slimming Centre and Beauty Clinic was under the scanner for its advertisement.

    Here too the advertiser failed to provide data or supporting technical information with details of reports of tests/ trails conducted by an independent recognised testing institution to substantiate the claims. The CCC concluded that all claims mentioned in the advertisement were not substantiated and upheld the complaint.

    Fair Pharma was pulled up for its advertisement that states “Cancer – We open for you the door back to life.” The treatment given by the centre for curing Cancer is not provided and the claim implies assuring consumers of curing cancer, which is a false claim. Since the advertiser failed to respond to Asci‘s letter and in the absence of supporting clinical information, it was concluded that the advertisement could be misleading and could cause widespread grievance and the complaint was upheld.

    The advertisement of Smart Careers (BBS/BBA) claiming ‘Guaranteed College Admission‘ was not backed or substantiated with data or evidence. Also, there was no validation provided by an independent agency to confirm the claim. In the absence of any proof, it was concluded that the advertisement contravened Clause 3 of the Asci Guidelines for Advertising of Educational Institutions and Programs and hence was upheld.

    Along the same lines Career Launcher‘s (IIM Calls) advertisement was pulled up for its claim “24 YLP admits in ISB.” The CCC concluded that the claims are unsubstantiated in the absence of any verification and, thus, the advertisement contravened chapter 1.1 of the code and upheld the complaint.

    Similarly, Stoss Welle Healthcare came under the scanner for its advertisement stating ‘Many suffer from erection related problems/ pre-mature ejaculation/ leakage of urine/ difficulty in urination. Are you one of them? Obtain desired results with the help of latest proven state-of-the-art non surgical Swiss Technology‘.

    An advertiser is required to provide proof, supporting clinical information, with a detailed report of tests and trials conducted by independent recognised testing institutions. Since these were not supplemented, the CCC upheld the complaint.

    Shree Baidyanath Ayurved Bhavan‘s advertisement on Rheumartho Gold Capsules that states ‘Enriched with most effective swarna bhasma and salal guggul; Offers lasting relief from backache, joint pain, muscular pain etc; Helps to treat the root cause of pain and Helps to regain the flexibility of joints‘ was also upheld as there was no proof provided to substantiate the claims.

    Pernod Ricard‘s print advertisement on Absolut Kher, shows the visual depiction of a ‘bottle‘ which is suggestive of a well known brand of liquor product – Absolut. The CCC concluded that the depiction of the bottle with the titles ‘Absolut‘ was in violation of the Asci Code as it propagated a product, the use of which is banned under the law. The complaint was upheld.

    During the month of March, the CCC also received complaints against two advertisements of Perfetti Van Melle, and one each against Gulf Oil India, HUL‘s VIM Detergent Bar, and Cadbury India‘s Perk Chocolate, Johnson‘s Baby Top-To-Toe Wash, HUL‘s Close Up toothpaste, Parle Mango Bite, Uninor, HUL‘s Axe Shower Gel, and Tata Chemical Ltd‘s Tata Swach Water Purifier. As these advertisements did not contravene ASCI‘s codes or guidelines, the complaints were not upheld.

  • Asci, TAM to monitor misleading ads

    Asci, TAM to monitor misleading ads

    MUMBAI: With the government pressing for a new set of guidelines to check misleading ads, Asci, India’s advertising industry watchdog, has swung into action.

    The Advertising Standards Council of India said Tuesday it is partnering with TAM Media Research to monitor misleading ads, a move aimed at improving the self-regulatory mechanism by speeding up the processes and compliance of its codes for advertising content.

    The newly created body, National Advertising Monitoring Service (NAMS), will come into effect from 1 May.

    TAM‘s division, AdEx, will check around 350 TV and 10860 newspaper ads per week.

    Set up in Baroda, NAMS will track and assess the ads for compliance with Asci‘s code related to unsubstantiated, misleading or false claims. The need arises even as the number of complaints received by Asci has increased to around 3,000 in 2011-‘12, up from 800 a year ago.

    Said Asci chairman I Venkat, “This initiative is a paradigm shift for self regulation in Indian advertising and probably a benchmark for other countries as something like this has never been attempted at this scale anywhere in the world. For such an important and industry central initiative, TAM’s AdEx India was the obvious option to handle such a large responsibility that brought in requisite infrastructure, neutrality, integrity and quality. NAMS will strengthen the ad self regulation Redressal process manifold, as we will be able to proactively monitor wider numbers of ads. This will be in the best interest of the Indian consumers as it will significantly reduce release of misleading advertising in India.”

    AdEx will identify ads which are in potential violation of Chapter 1 of Asci code which deals with the truthful and honest nature of ads. AdEx India will monitor ads in the auto, banking, financial services and insurance, FMCG (incl. F&B), consumer durables, educational institutions, health care products & services, telecom and real estate sectors.

    TAM Media Research CEO LV Krishnan said, “Our partnership with Asci is yet another reiteration of the neutral role we play within the Indian advertising landscape.”

    The scope of work will cover the tracking of more than 30 newspapers (all editions) which contribute to over 80 per cent of national newspaper readership and all TV Channels across the country in all Indian languages. Ads seen as those potentially violating Chapter 1 of Asci code will then be forwarded to Asci on a weekly basis. Asci will then process them as per its normal complaint procedure involving its Consumer Complaints Council (CCC) for adjudication.

    The CCC meetings will be held twice a month, moving away from its earlier practice of a monthly meeting.Venkat said, “This is another initiative to reduce the gap between the identification of an objectionable ad and when it is actually modified or taken off air.”

  • Govt mulls late night slot for telecast of certain adult ads

    Govt mulls late night slot for telecast of certain adult ads

    NEW DELHI: India could open the window for late night slot for telecast of adult ads following a recommendation by the Advertising and Standards Council of India (Asci). This follows a similar trend when the Information and Broadcasting Ministry asked some programmes with adult content to be aired after 11 pm.

    The Asci had recommended the ads of ‘Fast Track’, ‘Wild Stone Deo’ and ‘Tata Docomo’ for telecast outside the family-viewing hours (beyond 11 pm to 6 am). The government is considering moving them to such late hours for viewing.

    The Government had received complaints and forwarded them to Asci.

    Of the other complaints referred to Asci, the Council had asked the advertisers to modify or withdraw those relating to three deodorants: Axe Effect, Set Wet, and Zatak.

    The ASCI did not uphold the complaints relating to Idea 3G Mobile, Manforce Condom, Liliput Kid’s Wear, and Killer Deo.

    The Council has not yet replied to a complaint relating to Axe Shower Gel, according to Minister of State for Information and Broadcasting C M Jatua.

    Advertisers were advised by the Press Council of India in four complaints relating to advertisements in the print media.

    In the 11 complaints decided by the Council in 2010, only one journal of Kerala was censured. One journal was reprimanded, another cautioned, one closed with observations, and another closed. In two cases, the PCI reiterated its guidelines.

  • ASCI and Goafest 2012 present ‘Creativity with a Conscience’

    ASCI and Goafest 2012 present ‘Creativity with a Conscience’

    MUMBAI: In a bid to encourage self regulation in advertising Advertising Standard Council of India (ASCI) in partnership with Goafest 2012 has announced a contest to promote responsible creativity under the theme “Creativity with a Conscience” during Goafest 2012. The ASCI Mobile Movie Challenge contest, which is open for advertising, marketing and media professionals, revolves around creating short films using a mobile phone.

    Teams of three young professionals under the age of 30 years will be asked to create a short film, between 30 and 60 seconds, using their mobile handsets. Each team will be assigned a mentor film maker who can guide the team members on the nuances of film making. The teams will create the art forms on one of the four briefs provided by ASCI.

    The teams will be required to create movies based on the themes of honesty and truthfulness in advertising, decency in advertising as per generally accepted societal norms, safety and avoiding exploitation of vulnerable sections of society, especially children and fairness in competition.

    ASCI board member Subhash Kamath said, “The theme, ‘Creativity with a Conscience,‘ goes hand-in-hand with ASCI‘s objective of responsible advertising. Our aim is to inspire professionals to abide by the guidelines set by ASCI and to take up self regulation on an individual level as the only other alternative is governmental censorship, which is, not desirable for a creative industry like ours. By reaching out to young professionals, we‘re ensuring that our efforts towards self regulation are understood by the people who will be implementing the work.”

    The entries will be judged by a jury of top creative directors and film makes of the industry. Four winning teams, one per brief, will be selected and each team member will be awarded during the Creative Abbys.