Tag: ASCI

ASCI UPHELD COMPLAINTS AGAINST 137 ADVERTISEMENTS OUT OF 344

Mumbai: During the month of October 2019, ASCI investigated complaints against 344 advertisements, of which 80 advertisements were promptly withdrawn by the advertisers on receipt of communication from ASCI. The independent Consumer Complaints Council (CCC) of ASCI evaluated 264 advertisements, of which complaints against 137 advertisements were upheld. Of these 137 advertisements, 89 belonged to the education sector, 29 belonged to the healthcare sector, four to personal care, two to the food & beverages sector, and 13 were from the ‘others’ category.

In the CCC deliberations, the most common reason for upholding complaints was that the advertisements were misleading and exploited consumers’ lack of knowledge. This was followed by violations of ASCI Guidelines for Advertising of Educational Institutions and Programs. The other reasons for complaints to be upheld were superlative claims and unsubstantiated claims of having won awards.

Among various advertisements that were examined, the CCC observed that a top cricketer celebrity was endorsing “Instant payment” claim being made by a well-known online platform for sale of second hand cars. An international automotive company, in their radio ad implied that consumers should not care for traffic rules hence showing a complete disregard for road safety. In the personal care category, a renowned personal care company founded by a beauty expert, mentioned SPF values that they could not substantiate by providing in vivo support data. A widely used sanitary napkin brand advertised its product to have long lasting cooling effect, which was unsubstantiated. Advertisements by hospitals offering IVF treatments were pulled up for making misleading claims regarding their success rates. An internet restaurant company’s claim of being the “World's largest internet restaurant company” was considered to be misleading in absence of relevant verifiable support data.

The CCC also came across a significant number of advertisement pertaining to the education sector with the advertisers making unsubstantiated and superlative claims of being the most trusted, No. 1 or winning awards.

Mr. Rohit Gupta, Chairman, ASCI said “Building on the momentum of the fine work done by the ASCI Secretariat in the past few years, for the year 2020 our resolve is to further strengthen the advertising ecosystem. This would be by means of new initiatives, enhanced processes and new guidelines that we plan to roll out in the coming months. These initiatives would not only benefit consumers but would also result in enhanced participation of industry members in effectively practising self-regulation in advertising.”

DIRECT COMPLAINTS

The advertisements given below were complained against by the general public or by industry members. Of the 149 advertisements complained against, 11 advertisements were promptly withdrawn by the advertiser on receiving communication from ASCI. For the remaining 138 advertisements, complaints against 12 advertisements were upheld by the CCC. Five advertisements belonged to the Healthcare sector and seven from the ‘Others’ category. 26 advertisements were not considered to be objectionable or in contravention of the ASCI code.

Healthcare

Following advertisements in the healthcare sector were found to be misleading that exploit consumers’ lack of knowledge and could lead to widespread disappointment in the minds of consumers.

1.       Aanjan Path Labs & Allergy Testing Center: The print advertisement’s claim “Psoriasis, Stomach Ache, Diarrhoea, Sore Throat, Cough – The only option for allergy treatment is diagnosis” was misleading. The advertiser incorrectly mentioned all the above ailments to be of allergen nature whereas Psoriasis is an immune system disorder, allergy as a cause of abdominal pain and diarrhoea is very limited as only a minority of patients are affected by this (6 – 8% in children below 3 years & 3% of adults) and such pain and diarrhoea are mostly due to infections. Further, sore throat and cough are also due to other reasons such as infections in majority of the cases. The claim “The only option for allergy treatment is diagnosis” was not considered to be valid.

2.       Sangam Ayurveda (1 Shot Dandruff Killer): The advertisement’s claim on the product packaging “1 Shot Dandruff Killer” which was also the name of the product and had the corresponding symbol encircled “TM”, was not substantiated. The advertiser did not provide any product specific information such as copy of Product approval license and Product composition details, nor any scientific or technical rationale for the product claim, or copy of the application applied with trade mark registry. In absence of evidence of registered trademark, the product name is a claim which needs to be substantiated with robust anti dandruff efficacy data.

Others

The CCC found that the claims made in the following advertisements were misleading, exploit consumers’ lack of knowledge and can lead to widespread disappointment in the minds of consumers.

1.       CARS24 Services Pvt. Ltd. (cars24.com): The advertisement’s claim “Get Instant Payment”, featuring cricketer MS Dhoni was considered misleading. It was observed that the advertiser offers both, an “instant payment” facility and a “deferred payment” facility for sale of cars. However, as per the FAQs provided by the advertiser if a customer avails the “instant payment” facility a fee of Rs. 1000 is levied. The advertisement creates an impression that every sale of car would be eligible for “Instant payment” which is not the case. Additionally there was no adequate evidence provided of the celebrities due diligence, hence violating ASCI’s Guidelines for Celebrities in Advertising as well.

2.       Kia Motors India (Kia Seltos): The radio advertisement’s claims “He doesn’t play by the rules. He plays with them.” and “Inspired by the badass in you.” imply that one shouldn’t care about the (traffic) rules. It manifests a disregard for safety and encourages negligence.

SUO MOTU Surveillance by ASCI FOR MISLEADING ADVERTISEMENTS

The advertisements listed below were picked up through ASCI’s Suo Motu surveillance of Print and TV media through the National Advertisement Monitoring Services (NAMS) project. Out of 195 advertisements that were picked, 69 cases were resolved immediately wherein the advertisers confirmed that the advertisements were being withdrawn post receiving the complaints. Of the 126 advertisements examined by the CCC, complaints against 125 advertisements were upheld. Of these 125 advertisements, 89 belonged to the Education sector, 24 advertisements belonged to the Healthcare sector, four belonged to the Personal Care category, two belonged to the F&B category and six fell in the “Others” category.

Education

The CCC found that the claims made in following seven advertisements were misleading by exaggeration, exploited consumers’ lack of knowledge and could lead to widespread disappointment in the minds of consumers. A large number superlative claims were unsubstantiated. These advertisements also violated ASCI’s Guidelines for Advertising of Educational Institutions and Programs.

1.       One Day World: The print advertisement’s claim “Most Trusted One Day Institute of North India” was not substantiated with any market survey data, or with verifiable comparative data of the advertiser’s institute and other similar institutes in North India, to prove that their institute is more trusted compared to all the others for providing training for the career courses claimed, or through a third party validation.

2.       Nagaji Group of Institutions-Nagaji Institute of Technology & Management: The print advertisement’s claim “7 National & 3 International Award-Winning Institute” was not substantiated the advertiser did not provide copy of the ten award certificates, reference of the awards received such as the year, source, category, the basis of the awards and the details about the awarding bodies.

Healthcare

The CCC found that the claims made in the following eight advertisements were misleading that exploit consumers’ lack of knowledge and could lead to widespread disappointment in the minds of consumers. Several of these claims were misleading by exaggeration.

1.       Urkid fertility Private Limited (Maa IVF): The print advertisement’s claim “Higher success rate” was not substantiated with any market survey data or with any verifiable comparative data of the advertiser’s centre and other IVF centres, to prove that they are have a higher success rate in IVF treatment, or through a third party validation. The CCC was of the opinion that it is not possible for the advertiser to conduct a comparative study to generate claim support data for this superiority claim given the nature of the healthcare services sector and number of such IVF Centres.

2.       Sri Krishna Clinic: The print advertisement’s claim “Successful treatment for piles, fistula, and fissure without operation with one injection” was not substantiated with supporting clinical evidence. The advertiser did not provide details of the medicines used in the injection and any details regarding their approval status by the regulatory authorities.

Personal Care

1.       Unicharm India Pvt Ltd (Sofy Cool Napkins): The television voice over claims, “Coolpad technology that gives long lasting cool feeling and keeps irritation free” and “India’s First Cool Napkins” were inadequately substantiated. The CCC did not agree with the Advertiser’s rationale that “Irritation Free” refers to “mental comfort.” The claim of the Product providing a “cool” feeling was not conclusively proven among majority of the users. There is no support for the claim “long lasting cool feeling”.

2.       Shahnaz Husain Group (Shahnaz Husain Total Care Day Long Sun Block-SPF 25): The print advertisement’s claim “SPF 25” was inadequately substantiated. It was observed that the advertiser produced a certificate of analysis of an in-house test report and excerpts of an external test report. The external test report indicated SPF value for the test product to be 25.2. The CCC were of the opinion that the SPF values are required to be conclusively proven for in-vivo situation.

Food and Beverage

1.       Sresta Natural Bio-Products (24 Mantra Organic) – The print advertisement’s claim “India’s #1 Organic Brand” was inadequately substantiated as the advertiser failed to provide latest data to substantiate the claim of no.1 organic brand. The advertiser provided a report of 2016, where they held a 37% of market share in the packed organic food in the market and 7.8% share in the packed organic beverages market. The CCC was of the opinion that due to the availability of more market players in the organic food sector, the advertiser ought to have provided latest data for this claim to be tenable.

2.       Nirmal Traders Tea: The print advertisement’s claim “The Best Tea” was not substantiated with market survey data or any verifiable comparative data of the advertiser’s product and other similar tea products to prove that they are better than all the rest, or through an independent third party validation. Additionally, the second claim “Fresher and Gives More Pep” were comparative claims and were not substantiated with any verifiable comparison of the advertiser’s product and other competitor tea products to prove that their product performs better in terms of freshness and providing pep or through an independent third-party validation.

Others

The CCC found that the claims in the following six advertisements were misleading and exploited consumers’ lack of knowledge which could lead to widespread disappointment in the minds of consumers.

1.       Rebel Foods: The print advertisements claim “World's Largest Internet Restaurant Company” was not substantiated. The CCC opined that news clippings provided by advertiser are not conclusive and reliable evidence for market leadership claim. The advertiser should have provided verifiable comparative data or market survey data of their company in terms of worldwide turn over or market share by value / volume and other similar internet restaurant companies to prove that they are the largest.

2.       Shankus Water Park & Resort: The print advertisement’s claim “India’s First Water Park” was not substantiated with any verifiable comparative data of the advertiser’s park and other similar water parks in India, to prove that they are the first to introduce a water park in India, or through a third party validation. The second claim “Best Water Park of Gujarat by Gujarat Tourism” was also not substantiated with the copy of the award certificate, details of the awarding body, details of the criteria for granting the award, references of the award received such as the year, source, category, survey methodology, parameters considered, questionnaires used, names of other similar water parks that were part of the survey and outcome of the survey.

January 14, 2020
ASCI to improve social media presence, strengthen monitoring of digital advertising: Rohit Gupta

MUMBAI: The newly appointed Advertising Standards Council of India (ASCI) chairman of the board of governors Rohit Gupta will be putting a strong emphasis on the process of improving the digital advertisements. He made his thoughts known to Indiantelevision.com moments after his appointment was formally announced at the board meeting following the 33rd AGM of the council on Thursday in Mumbai.

“We will be bringing in a very strong process for monitoring digital advertisement as we did for traditional media, as digital today is the fastest growing medium in India,” he said.

Rohit Gupta is the president of Sony Pictures Network India (SPNI) and is also a director at several industry bodies in India like the Indian Broadcasting Foundation (IFB), Broadcast Audience Research Council (BARC), and Media Research Users Council (MRUC).

Gupta also shared that the council is going to continue working towards increasing consumer awareness about the advertising norms. He hailed the government for introducing the Consumer Protection Bill and showed positivity that the brands and endorsers today are being more responsible towards the advertising process.

“I want to continue increasing consumer awareness towards ASCI. Last year, I am proud to say, that the council did a great job in doing that. We saw a 30 per cent rise in the overall complaints filed at ASCI, crossing the 6000 mark. We want to keep building on that,” he mentioned.

Gupta added that for this, he will be putting a strong emphasis on strengthening the social media presence of the council on channels like Facebook, Twitter, and Instagram.

ASCI did a commendable job last year in raising consumer awareness. As highlighted at the board meeting, the council saw a 37 per cent rise in complaints received on its GAMA portal, and a 30 per cent rise in the total complaints received. The council is receiving more than 50 complaints every day on WhatsApp after the rollout of ASCI complaint scroll on TV channels, a handbook issued by it reveals.

After getting the compliance of TV partners, Gupta is now willing to get INS on-board to curb the menace of misleading and fake advertisement. He also wants the brands to monitor their own ads and be responsible for their conduct.

September 20, 2019
Rohit Gupta elected as the new chairman of ASCI

MUMBAI: At the board meeting, following the 33rd Annual General Meeting of The Advertising Standards Council of India (ASCI) held today, Mr. Rohit Gupta, President, Sony Pictures Networks was unanimously elected the Chairman of the Board of Governors of ASCI. Mr Rohit Gupta is an accomplished industry veteran having spent over 30 years in holding key leadership positions across consumer, media and entertainment industries.

Mr. Subhash Kamath, Managing Partner, BBH Communications India Pvt Ltd was elected the Vice-Chairman and Mr. Shashi Sinha, CEO, Media Brands Pvt Ltd, was re-appointed the Honorary Treasurer.

Members of the Board of Governors include; Mr. Girish Agarwal (Director, Dainik Bhaskar Group), Mr. Vikas Agnihotri (Director Sales, Google India Pvt. Ltd.), Mr. Prasun Basu (President – South Asia, Nielsen (India) Pvt. Ltd.), Mr. Harish Bhat (Director, Tata Global Beverages Ltd.), Mr. Madhusudan Gopalan (CEO, Procter & Gamble Hygiene and Health Care Ltd.), Mr. Sandeep Kohli (Executive Director & Vice President, Personal Care Hindustan Unilever Ltd), Prof S.K. Palekar (Adjunct Professor & Advisor, Executive Education Institute of Management Technology), Mr. N.S. Rajan (Managing Director, Ketchum Sampark Pvt Ltd), Ms. Abanti Sankaranarayanan (Former Vice Chairperson, CIABC), Mr. D Shivakumar (Group Executive President, Aditya Birla Management Corporation Pvt. Ltd.), Mr. Umesh Shrikhande (CEO, Taproot India Comm. P. Ltd.), Mr. K.V. Sridhar (Founder & Chief Creative Ofﬁcer (Director), Hyper Collective Creative Technologies Pvt Ltd), Mr. Sivakumar Sundaram (President Revenue, Bennett Coleman & Co. Ltd).

Recalling his year at ASCI, the outgoing Chairman Mr. D Shivakumar, said “ASCI is a voluntary job and a board led organisation. When I set out last year as the Chairman I had three objectives laid out. The first was to increase our membership base, the second to go digital and third to create awareness among consumers. Now thanks to the MIB directive our awareness has increased immensely, our WhatsApp number has seen a 3X increase in daily messages. We have increased our member base by 10%, our new members representing e-commerce, food & beverage, automotive sectors joining ASCI. ASCI’s digital marketing campaigns would further boost awareness as well as compliance. I wish Rohit and the board the best for the year ahead.”

The incoming Chairman, Mr. Rohit Gupta, said, “I am honoured to accept this role and look forward to the year ahead. With the inclusion of the internet into our everyday life and the constant evolution in the digital space, I feel that synchronizing ASCI’s efforts in the Digital space will be our key focus for the year. The Council has covered a lot of ground in addressing the need for self-regulation in the digital medium and work is progressing rapidly to address that need. Additionally, we will continue our efforts to strengthen relationships with stakeholders in the year ahead.”

The independent Consumer Complaints Council met 44 times during the year and deliberated on complaints pertaining to 2898 advertisements. Of these, 732 advertisements were promptly withdrawn as soon as the advertiser received communication from ASCI. Complaints were upheld against 1486 advertisements whilst complaints against 475 advertisements were not upheld. 205 advertisements were found to be, prima facie, in violation of The Drugs & Magic Remedies (DMR) Act or The Drugs & Cosmetics Rules (Schedule J) and were promptly escalated to the concerned regulator for immediate attention. In all, 937 advertisements were dealt with immediately through the Informal Resolution (IR) process and escalation to regulators, hence providing speedy redressal of complaints and making ASCI’s process more efficient.

September 19, 2019
ASCI upheld complaints against 190 ads out of 334 in June 2019

MUMBAI: During the month of June 2019, ASCI investigated complaints against 334 advertisements, of which 106 advertisements were promptly withdrawn by the advertisers as soon as they received communication from ASCI. The independent Consumer Complaints Council (CCC) of ASCI upheld complaints against 190 advertisements, out of 228 advertisements evaluated by them. Of these 190 advertisements, 112 belonged to the education sector, 40 belonged to the healthcare sector, 10 to personal care, 7 to the food & beverages sector, 5 to the media / broadcasting sector, 5 from consumer durables and 11 were from the ‘others’ category.

The trend of advertisements featuring celebrities without observing guidelines for celebrities in advertising continued. The CCC pulled up a renowned celebrity couple that endorsed an “Antibacterial” paint brand claiming it to be endorsed by the Indian Medical Association (IMA). One of the bestseller water purifier brand featuring a Bollywood superstar claimed to instantly incorporate the benefits of copper in the purified water, equating it with water stored overnight in copper vessels. A well-known celebrity associated with cricket as well as a few cricket players endorsed a detergent product which had a misleading claim of it being consumers’ choice for its product quality. A claim endorsed by a famous cricketer for a gaming app being “India's Favourite Fantasy Cricket Game” was also not substantiated.

Consumers were quite unhappy about condom advertisements being aired during family viewing hours, violating the advisory by the Ministry of Information and Broadcasting that requires such advertisements, not suitable for viewing by children, to adhere to watershed hours. ASCI via its Suo Motu monitoring pulled up over 100 misleading advertisements from the educational sector.

In a recent development, the Department of Consumer Affairs (DoCA) renewed their MOU with ASCI, for the fifth consecutive year. Reacting on this update, ASCI secretary general Shweta Purandare said, “We are extremely happy with this development as this reiterates the government’s faith in the work done by ASCI over the years. What ASCI brings to the table is not just the unique expertise in dealing with complaints pertaining to misleading advertisements but also its suo motu capabilities to monitor a huge number of misleading advertisements in Television and print media. ASCI provides a very efficient mechanism for consumers as well as ensures prompt compliance from advertisers, thus reducing the burden on regulators to focus only on persistent violators.”

In another significant development, a recent Delhi court judgement too has re-affirmed the remit of ASCI over non-members. All these developments, including renewal of ASCI’s MoU with DoCA, bode well to ensure “more governance” and for building a strong and cohesive ecosystem in the interest of consumers. ASCI is working closely with DoCA to ensure that this collaboration continues with the formation of the Central Consumer Protection Authority (CCPA).

DIRECT COMPLAINTS

The advertisements given below were complained against by the general public or by industry members. Of the 79 advertisements complained against, for 21 cases the advertisements were promptly withdrawn by the advertiser on receiving communication from ASCI. For the remaining 58 advertisements, complaints against 21 advertisements were upheld by the CCC, five from Media / Broadcasting sector, three each of the Food & Beverages sector, the Education sector, the Healthcare sector, Personal Care sector and four from the ‘Others’ category. 37 advertisements were not considered to be objectionable or in contravention of the ASCI code.

Media / Broadcasting

1. TV Today Network Ltd (India Today Television): The ad-mailer’s claim that “India Today Television No. 1 this Election” made a leadership claim under Single Event Reporting. However, the advertiser had chosen the audience segment as M22+A for this event, which as per BARC Guidelines cannot be a single NCCS segment with an age cut. This was viewed as impermissible use of BARC data. The CCC concluded that the headline claim is misleading by implication as the General Elections ran to several phases.

2. ARG Outlier Media (R Bharat): The advertisement’s claims, as translated from Hindi “Real No. 1 Channel” and “India’s No.1 Reporter” were not substantiated. The claim is misleading by exaggeration and implication. The sources for the leadership claims were not indicated in the Ad-mailer.

Food and Beverage

1. GlaxoSmithKline Consumer Healthcare Ltd (Horlicks): The CCC observed that in the website advertisement, the advertiser’s slogan “What you eat is not what you get” is juxtaposed with the text – “Horlicks has bioavailable nutrients which get absorbed in the blood and are carried to all parts of the body”. The CCC observed that this statement by the advertiser creates an impression in the consumer’s mind that the advertiser’s product is superior to food because it is bio available. The CCC also noted that juxtaposing "clinically proven" and "bio available nutrients" with other claims made, appears to be misleading because the submitted clinical trial does not unambiguously and fully support these claims. Hence the CCC concluded that advertisers claim of Horlicks having "bioavailable" nutrients” only exaggerates the concept of bioavailability as a gimmick by juxtaposing it with the tagline of “clinically proven” without providing any adequate supporting evidence of the trial of the actual product with reference to the “bioavailability” attribute claimed by the advertiser. The claim contravened ASCI Guidelines on Advertising of Food & Beverages.

2. Amway India Enterprises Pvt Ltd (Nutrilite Traditional Herbs Range): The print advertisement’s claim “Certified Organic and DNA Fingerprinted herbs with the promise of Purity, Safety and Potency” was considered to be misleading by ambiguity and omission of the reference to the product containing extracts (and not whole herbs). The advertiser is not using the herbs as such in the product but is using their extracts whereas the advertisement headline presents the product range as “Nutrilite Traditional Herbs Range”. The second claim “1 Tulsi Tablet = over 100 dried organic leaves of Tulsi herb” was also not substantiated. The CCC was of the opinion that the word “herb” cannot be used synonymously with the word “extract”.

Education

1. NIIT LTD: The advertiser’s claim of “5000 Assured jobs”, is false and misleading by exaggeration, ambiguity and implication. The second claim, “50,000 Students Placed” was not also substantiated with authentic supporting data such as detailed list of students who have been placed through their Institute in the banking sector contact details of students for verification, enrolment forms and appointment letters received by the students, nor any independent audit or verification certificate. The advertisement violated the ASCI Guidelines on Disclaimers.

Healthcare

1. Sun Pharmaceutical Industries Ltd (Revital H Woman): The advertiser’s claim “9/10 women felt energetic after using Revital H Woman” was misleading and inadequately substantiated. The CCC observed that this claim is based on a study done by an independent body, the Home Tester Club. It was noted that while the samples of the test product were couriered to 1000 sample respondents that met the eligibility criteria, there were only 604 members who completed the post-trial survey. The CCC noted that only those with a favourable disposition were allowed to complete the survey. The CCC did not consider the design of the questionnaire to be acceptable or reliable to generate claim support data as only one product was used for the purpose of survey, thus most likely creating bias in favour of the Product in the minds of participants / respondents of the survey. A comparative claim could have been a better approach. Most of the questions were “leading” which would elicit favourable answers for the Product. The advertiser picked only one answer instead of drawing over all conclusion from the data for the claim. This was considered to be distorting the data in order to mislead the consumer by omitting the overall conclusion of the survey.

Personal Care

1. Bajaj Consumer Care Ltd (Bajaj Almond Drops Hair Oil): The product claims to have “300% Vitamin E” as compared to unbranded sweet almond oil, based on independent lab test results. The CCC noted that the test report does not provide any details of the unbranded sweet almond oil. According to the CCC, the comparison should have been a like to like comparison i.e. ideally comparison with another branded almond hair oil which would also provide lesser variability in results and more specifically with other light hair oils. The subject matter of comparison was chosen in such a way so as to confer an artificial advantage upon the advertiser or as to suggest that a better bargain is offered than is truly the case. The CCC concluded that the claim, “300% Vitamin – E” is misleading by ambiguity and implication that the said light hair oil is better than almond oil.

2. Mankind Pharma Ltd (Manforce Cocktail Condom): The television advertisements aired on multiple channels by the advertiser contravened the the advisory of the Ministry of Information and Broadcasting dated December 11, 2017 that such advertisements can only be aired during the watershed hours i.e. post 10:00 p.m. till 6:00 a.m. The CCC observed that the advertisement ought to have been aired during the watershed hours as several intimate scenes between the male and female protagonists were inappropriate for family viewing, especially by children.

Others

1. Asian Paints Ltd: The advertiser’s claims “Its anti-bacterial technology kills bacteria that enter the house”, “Kills all bacteria” “Asian Paints – The Anti-Bacterial Paint. Recommended by the Indian Medical Association” featuring celebrities Ranbir Kapoor and Deepika Padukone were not adequately substantiated. The source and date of the studies used as the basis of the claims were not included in the disclaimer. The advertisement was misleading by ambiguity regarding the nature of germ kill and omission with respect to the required contact time. The TVC was misleading by implication that The Indian Medical Association (IMA) has endorsed the product, whereas, IMA had permitted the use of their logo for the “Asian Paints Silver Ion Technology” and not for the product as a whole. The advertiser did not provide any evidence showing that the celebrities had done due diligence prior to the endorsement. The advertisement violates ASCI’s Guidelines for Celebrities in Advertising and the ASCI Guidelines on Disclaimers.

2. EUREKA FORBES LTD (Dr. Aquaguard NRICH ROs): The advertiser’s claim as translated from Hindi “Aquaguard ki nayi Active Copper technology de paani ko tambe ki shakti, instantly” (Aquaguard’s new Active Copper Technology instantly gives the power of Copper to water) “Tambe ki Shakti, Instantly” (“Power of Copper, Instantly”) featuring celebrity Madhuri Dixit Nene suggests that the product delivers benefits associated with the overnight storage of water in copper vessels, that too instantly. The Recommended Dietary Allowance (RDA) of Copper for adult men and women is 900 μg/day thus for any potential benefit from the presence of Copper, the total daily water intake should correspond to 15% of the RDA level. However, the advertiser did not intend to associate the claims with any health benefits. Hence it was concluded that the use of the claim “Tambe ki Shakti, Instantly” is misleading by ambiguity and implication that the output water has benefits associated with Copper, since this was not conclusively established by the advertiser. Additionally, there was no evidence showing that the celebrity had done due diligence prior to the endorsement and was found to violate ASCI’s Guidelines for Celebrities in Advertising.

SUO MOTU Surveillance by ASCI FOR MISLEADING ADVERTISEMENTS

The advertisements given below were picked up through ASCI’s Suo Motu surveillance of Print and TV media via the National Advertisement Monitoring Services (NAMS) project. Out of 255 advertisements that were picked, 85 cases were resolved immediately wherein the advertisers confirmed that the advertisements were being withdrawn post receiving the complaints. Of the 170 advertisements examined by the CCC, complaints against 169 advertisements were upheld. Of these 169 advertisements, 109 belonged to the Education sector, 37 advertisements belonged to the Healthcare sector, seven belonged to the Personal Care category, five belonged to Consumer Durables, four belonged to Food & Beverage and seven fell in the “Others” category.

Violation of ASCI’s Guidelines for Celebrities in Advertising.

1. Fena (P) Ltd (Fena Superwash Powder): The television advertisement’s claim “No.1 choice of millions of consumers” featuring celebrities Preity Zinta, K L Rahul, and Ravichandran Ashwin was not substantiated with verifiable market survey data of the advertiser’s product and other competitor products among representative country wide population, or through a third party validation, to prove that they preferred Fena over other brands in the detergent / bar category. Hence, the voice over claim having reference to the consumers’ choice for the product quality, is misleading.

2. Times Internet Ltd (CricPlay): The print advertisement’s claim “India's Favourite Fantasy Cricket Game” featuring sportsman Gautam Gambhir was not adequately substantiated as there was no audited report or third-party validation for the claim. The CCC was of the opinion that star ratings alone are not necessarily a true reflection of a particular app being consumers’ “favourite” or it being preferred over others. Other important parameters such as inclusion of all leading apps across platforms and the actual downloads for each app per platform and whether the apps are paid or free were not provide by the advertiser.

Education

1. My Mission: The print advertisement’s claim “Assured success in constable exams” with respect to the courses mentioned, was not substantiated with verifiable supporting data of their students who achieved success in the constable exams. The claim assuring success is misleading.

Healthcare

1. Reckitt Benckiser Healthcare India P. Ltd (Ring Guard): The television advertisement’s claim as translated from Tamil “Gives relief from fungus in 7 days” was inadequately substantiated. The said claim when seen in conjunction with the visual of a “ring worm on the hand disappearing completely in 7 days”, implying cure, is misleading by gross exaggeration and implication. The advertiser acknowledges that the product only provides a symptomatic relief from “symptoms” of fungal infection. The CCC observed that as per visual presentation of the advertisement, a consumer is likely to interpret the claim that the product cures fungal infection. The TVC further shows the father, who is afflicted by fungal infection carrying the baby while the corresponding super refers to relief in seven days. Fungal clearance requires much longer treatment and portraying that the product cures fungal infection in seven days is encouraging an unsafe practice especially for a contagious condition.

2. Medlife International Private Ltd – Medlife: The print advertisement’s claim, “India's No.1 E-Pharmacy” was not conclusively proven with any verifiable comparative data. It was observed that the advertiser relies on the report by Frost & Sullivan on E-Pharmacy in India – An Exponential, to substantiate its claims. However the source of information in this report is the advertiser’s own blog, hence the report cannot reasonably be accepted as sufficient substantiation. The advertiser market share needed to be independently verified and other players shares like Netmeds, 1MG, Pharmeasy, Myra, CareOnGo and Pharmasafe have to be similarly assessed to ensure that no player has a larger share than the advertiser.

3. 1MG Technologies Private Ltd (1mg.com): The print advertisement’s claim “India's Largest Healthcare platform” was not conclusively proven and is misleading by exaggeration and implication. The source for the claim was not indicated in the advertisement.

Personal Care

1. Hindustan Unilever Ltd (Men’s Fair & Lovely): The television advertisement’s voice over claim as translated from Hindi, “Real instant fairness in just ten seconds after applying” was misleading by ambiguity and implication. The CCC observed that the “Instant fairness” benefit being referred to by the advertiser pertained to only a “fairer look” due to “coverage” properties of the product ingredient. The product is not capable of changing the skin’s inherent complexion instantly and hence use of the “instant fairness” terminology itself is ambiguous and misleading. The CCC was of the view that the word “asli” (real) means actual complexion. Choice of such terminology to show a cosmetic effect was incorrect.

2. Lotus Herbals Ltd (Lotus Sports Sunscreen): The television advertisement’s claim “SPF 100”, was inadequately substantiated. The advertiser did not provide any product specific information such as copy of Product approval license, product label, and Product composition details nor any scientific or technical rationale for the product claim. As per excerpt of the test report, the product was tested for in-vitro sun protection factor analysis and determination of PA rating as per COLIPA 2011 method. The CCC considered this claim support data to be inadequate and was of the opinion that the SPF values were based on in vitro test and the same benefit was not conclusively proven for in-vivo situation.

Consumer Durables

1. Bajaj Electricals Ltd (Bajaj Ceiling Fans): The television advertisement’s claim as translated from Marathi “India’s first anti germ fan that gives protection against 99.2 percent germs and dust” was inadequately substantiated. The CCC noted that the advertiser’s response and the test report was not exhaustive enough to explain the anti-germ substance used on fan, its concentration, for how many days/months/years this activity is maintained by the fan, contact time required for efficacy and impact of in-room variables on germ kill effect. The claim and the voice over, “India’s first fan with anti-germ technology which gets rid of germs and dust”, implies complete removal of dust and all type of germs, which are misleading by exaggeration.

Food and Beverage:

1. Rasna Private Ltd (Rasna Insta Energy): The television advertisement’s claim “Compared to other energy drink Rasna Insta has real fruit powder”, was not substantiated with verifiable comparative data of the advertiser’s product as compared to all other energy drinks on the real fruit powder content and is misleading. In the advertisement the ASCI Guidelines on Disclaimers were also violated as the disclaimer was not in the same language as the voice over.

Others

1. Sumix Baby Wear & Care: The television advertisement’s claim as translated from Malayalam “Made from 100% comp cotton gives relief from allergy” was misleading as the advertiser did not provide any substantiation for their product providing relief from allergy. It was observed that that while cotton clothing helps the skin breathe easily and is comfortable for a person suffering from allergy, it does not provide freedom from / cure to the allergy.

August 29, 2019
ASCI decisions binding on non-members too: Delhi district court

MUMBAI: On the back of the Consumer Protection Act passed in parliament recently comes a District Magistrate Court’s order that ASCI decisions are applicable to members as well as non-members. Until now a large number of advertisers avoided becoming members of ASCI under the mistaken notion that they would then not have to abide by ASCI decisions.

In a landmark judgement by the Delhi district court (Tis Hazari), for a ruling, in the case of PRIMORDIAL SYSTEMS P. LTD. V. THE ADVERTISING STANDARDS COUNCIL OF INDIA, the court has given a verdict in the favour of advertising self-regulatory body, ASCI.

The complainant advertiser (Primordial Systems), argued that being a non-member of ASCI, the self-regulation code laid down by ASCI is not applicable to them and ASCI has no jurisdiction over the advertiser. The court affirmed that ASCI, has the power to, after following due process, provide recommendations to the advertiser to modify or remove the advertisement containing claims that are considered as misleading by the ASCI’s independent Consumer Complaints Council (CCC).

The court clearly stated that though the complainant is not a member of ASCI but is indulging in activity, viz of advertising, for which ASCI has made a self-regulation code and for breach of that, ASCI entertains complaints. Thus, if ASCI makes a recommendation and in pursuance thereto the advertising agency or the television channel refuse to air the advertisement of the complainant, they would be entitled to do so. No merit is thus found in the argument of the counsel of complainant being a non-member of ASCI and ASCI thus having no jurisdiction over the complainant.

The court further reiterated that ASCI has been constituted as a self-regulatory body for the purpose of advertisements and the code drafted and changed from time to time by ASCI has been given a statutory flavour. It is already held by the Supreme Court of India that ASCI looks into specific complaints regarding violation of programme code hence prima facie it cannot be said that entertainment of a complaint is without due process.

In such view of the matter court settled that ASCI has the power to regulate the advertisements as per guidelines laid down.

ASCI chairman D Shivakumar said, “It is a very significant judgement passed by Delhi court as it clarifies that all advertisers come under the purview of ASCI’s guidelines. It also sends a clear message to the entire industry that investing in honest advertising is effective as dishonest advertising is not going to work. Clearly, for the consumers it is a big win as all the industry members whether they are part of ASCI or not, can no longer deceive them with misleading advertising.”

August 19, 2019

ASCI upholds complaints against 132 advertisements out of 231.67 other advertisements

MUMBAI :During the month of May 2019, ASCI investigated complaints against 231advertisements, of which 67advertisements were promptly withdrawn by the advertisers as soon as they received the ASCI communication. ASCI’s independent Consumer Complaints Council (CCC)upheld complaints against 132advertisements, out of 164advertisements evaluated by them. Of these132 advertisements, 69belonged to the education sector, 41belonged to the healthcare sector, Four to the food & beverages sector, Twoto personal care, and 16were from the ‘others’ category.

ASCI continues to see advertisements featuring celebrities falling foul of “Guidelines for Celebrities in advertising”. Amongst the various advertisements that were examined, CCC pulled up an advertisement where a renowned cricketer was seen endorsing a mobile gaming app making a superlative claim without conclusive evidence of its market leadership. Another advertisement featured a celebrity endorsing the product as “organic” whereas this claim was not substantiated.

Among other advertisements, a high end phone brand promised consumers of extremely sharp and beautiful photo quality while being ambiguous about requirement of additional hardware and software requirement for achieving the depicted picture quality. Another popular beverage brand insinuated that children could consumetheir beverage in place of eight glasses of water which is recommended daily intake. It also claimed to have the goodness of fruits and vitamins which was misleading by ambiguity and implication. A renowned paint brand promised to purify indoor air and made an absolute claim of being able to kill germs.

A large number of complaints were pertaining to the education sector wherein the advertisers were making unsubstantiated claims of being No. 1 and this was also true for a very well-known private university. The CCC also came across a significant number of advertisement of hospitals and clinics which were misleading and exploited consumers lack of knowledge.

“ASCI is a self-regulatory body that helps advertisers and consumer recognise and implement relevant and honest communication of brand messages. ASCI works with the Department of Consumer affairs and the Ministry of information and Broadcasting in ensuring that consumer awareness of their rights is fulfilled. ASCI is also working with celebrities and influencers to help educate them on what they should watch out for before endorsing brands. The CCPA is a welcome step after 34 years of the last consumer legislation and provides autonomy and authority at a district level,” ASCI chairman D Shivakumar said.

EDUCATION: – 69 advertisements complained against

Direct Complaints(Two advertisements)
Suo Motu Surveillance by ASCI(67 advertisements)

HEALTHCARE: – 41advertisements complained against

Direct Complaints(Oneadvertisement)
Suo Motu Surveillance by ASCI(40advertisements)

FOOD AND BEVERAGES: – Fouradvertisements complained against

Direct Complaints(Threeadvertisements)
Suo Motu Surveillance by ASCI(One advertisement)

PERSONAL CARE: – Twoadvertisement complained against

Direct Complaints(One advertisement)
Suo Motu Surveillance by ASCI(Oneadvertisement)

OTHERS: – 16advertisements complained against

Direct Complaints(Threeadvertisements)
Suo Motu Surveillance by ASCI(13advertisements)

DIRECT COMPLAINTS

The advertisements given below were complained against by the general public or by industry members. Of the 57advertisements complained against, for 16cases the advertisements were promptly withdrawn by the advertiser on receiving ASCI communication. For the remaining 41advertisements, complaints against 10 advertisements were upheld by the CCC of whichthreebelonged to the Food & Beverages sector, Twobelonged to the Education sector, Onebelonged to Healthcare sector, Oneto Personal Care sector, and Threeto the ‘Others’ category.30 advertisements were considered to be not objectionable.

Food and Beverage

Mondelez India Foods P. Ltd (Tang): The television advertisement claim, “Kehte hain bacchon ko 8 glass paani peena chaihye… Mushkil hain par Tang hain na (Translated as “Children should drink eight glasses of water…Difficult but there is Tang)” was clearly insinuating that 8 glasses of Tang should be consumed. The CCC also expressed concern on the emphasis placed on using the advertiser’s product in place of water. The claim was misleading by implication and in contravention of the ASCI Guidelines for Advertising of Foods and Beverages. The tagline at the end of the advertisement states “Goodness of fruits and vitamins.”implying that the benefits offered by the product were much more than fruit taste alone. This was misleading by ambiguity and implication.

Tata Global Beverages Ltd (Tetley Green Tea):The print advertisement claimed “9/10 USERS PREFER TETLEYGREEN TEA FOR AN ACTIVE LIFE”, the video advertisement uses the word “recommend” which is contrary to the print advertisement. The users (Home Testers Club survey members) were not provided with samples of other brand products to enable them to have a preference; the words “prefer” and “recommend” are misleading by implication. The use of word “Active Life”misleads one to think that use of the product alone would be sufficient to achieve an “Active Life”. Lastly, the quality of the survey conducted was found to be inadequate as there was ample reason to question fair and unbiased communication of information in the advertisement.

DANONE (Protinex Lite):The product packaging claims ‘Zero sugar’ on the front while the reverse side has a disclaimer stating “Sugar refers to Sucrose”. The advertiser conceded that the product does contain sugar – as base of the product is from lactose, however, the same was not Sucrose i.e. sugar produced from sugarcane or sugar beet. In light of FSSAI regulations, it was recommended that it would more appropriate for the advertiser to mention “Zero Sucrose” in place of “Zero Sugar” to avoid being in contravention with ASCI’s Guidelines for Disclaimers.

Education

The CCC found that the claims made in following two advertisements were misleading by exaggeration andcould lead to widespread disappointment in the minds of consumers. The advertisements also violated ASCI’s Guidelines for Advertising for Educational Institutions and Programs.

Amity University: The print and television advertisements superlative claim “Ranked India's #1 Not for Profit Pvt. University” was not substantiated with relevant data that there are no other private universities in India that are not-for-profit that are ranked higher than the university. In the television advertisement banner it was mentioned that the #1 ranking was based on an India Today Study, however the claim was not substantiated with details of the awarding body, process as to how the awarding body arrived at the conclusion of them being ranked #1 Not for Profit Pvt. University. More importantly, the selection methodology, criteria used for evaluation, names of other similar universities that were part of the assessment and the outcome was not explained. The CCC also observed that another private university ranked higher as per the QS Global World Rankings of Universities, thus casting a doubt on the advertiser’s claims. The claim is misleading by exaggeration and implication.

Triumphant Institute of Management Education P. Ltd – T.I.M.E: The website advertisement claim “5 100 Percentilers from T.I.M.E. in CAT 2018” is misleading by ambiguity. The advertisement claimed results for CAT 2018 by using photograph of the complainant who had scored a 100 percentile in the CAT 2013 exam.

Healthcare

Following advertisements in the healthcare sector were found to be misleading that exploit consumers’ lack of knowledge and could lead to widespread disappointment in the minds of consumers

SAAOL Heart Center: The online advertisement’s claim presenting Catheter Angiography (Taar Wali Angiography) in a bad light and promoting CT Coronary Angiography as the best test for the heart was not substantiated by the advertiser with any authentic and credible scientific literature nor clinical evidence in statistically significant number of patient population to prove that CT Coronary Angiography is a better alternative than Catheter Angiography regardless of the patient’s condition. The advertiser’s claim that maximum number of people die during Catheter Angiography was not substantiated.The claims are misleading by exaggeration.The claim projecting cardiologists as people who blackmail their patients into undergoing an angioplasty or bypass surgery after undergoing the Catheter Angiography Test unfairly denigrates the entire community of cardiologists.

Personal Care

Wipro Enterprises P. Ltd (Santoor Aloe Fresh Soap): The print advertisement’s claim (translated from Marathi) “Lemon present in new Santoor Aloe Fresh Soap removes stickiness, due to which you remain fresh and look young” was misleading by implication. It was noted that the soap product does remove stickiness, provides freshness and brightness by its main functional ingredients i.e. surfactant / cleanser soap and the claimed performance holds true for the product as a whole. Attributing these benefits to the two ingredients alone, when such correlation for the levels present in the product are not conclusively established, is misleading.

Others

The CCC found that the claims made in the following threeadvertisements were misleading that exploit consumers’ lack of knowledge and lead to widespread disappointment in the minds of consumers.

Apple India Pvt. Ltd. (iPhone XS): The television advertisement showed extremely sharp and beautiful shots of the environment – animals, insects, plants and landscapes. The advertisement ends with the tagline “Don’t mess with Mother. Earth shot on iPhone.”The claim leads a lay consumer to believe that the image quality as depicted in the advertisement would be feasible on the iPhone XS alone, whereas in reality, such result would not be achievable without making additional purchases. The CCC did not agree with the advertiser’s contention that the claim is qualified with the disclaimer in the advertisement as this was in contravention of the ASCI’s Guidelines on disclaimers in advertising. The advertisement is misleading by ambiguity and implication.

Shwas Homes Pvt Ltd (Aqua City- Cochin):The print advertisement’s claim “It’s Big And Ready!” when seen in conjunction with the listed amenities (Tennis Court, Basket Ball Court, Volley Ball Court, Swimming Pool, River Side Lounge and Mini Shopping Mall ) implied that the amenities were available too. The claim indicating completion of the project and availability of all amenities is misleading by gross exaggeration.

Kapila Krishi Udyog Ltd. (Kapila Pashu Aahar): The print and YouTubeadvertisement endorsed by Sanjay Dutt claimed that their product is “organic” was not substantiated with a copy of the product label, copy of product approval, product composition details or evidence that the product is organic nor a third party certification and found to be misleading.

SUO MOTU Surveillance by ASCI FOR MISLEADING ADVERTISEMENTS

The advertisements given below were picked up through ASCI’s Suo Motu surveillance of Print and TV media via the National Advertisement Monitoring Services (NAMS) project. Out of 174advertisements that were picked, 51cases were resolved wherein the advertisers confirmed that the advertisement is being withdrawn immediately post receiving the complaints. Of the 123advertisements examined by the CCC,complaints against122advertisements were upheld. Of these 122 advertisements, 67belonged to the Education sector, 40advertisements belonged to the Healthcare sector, One belonged to the Food & Beverage, Onebelonged to the Personal Care categoryand 13belonged to the ‘Others’ category.

The following advertisements were in violation of ASCI’s Guidelines for Celebrities in Advertising. The advertisers did not provide any evidence to show that the celebrities did due diligence prior to lending their name for the endorsements, to ensure that all description, claims and comparisons made in the advertisement are capable of substantiation:

Galactus Funware Technology Private Limited-MPL (Mobile Premier League): The television advertisement’s claim “Biggest Gaming App” endorsed by Virat Kohli was not substantiated with any verifiable comparative data or through an audited report or third-party validation. The advertiser did not submit any comparative data of their gaming app versus their close competitors to conclusively prove their market leadership claim. The claim is misleading by exaggeration.

TRZ Mart Pvt Ltd – (TRZ Footwear): The television advertisementfeatured celebrity Manish Paul. The claim ‘India’s no 1 kids footwear brand’ was not substantiated with any market share data of the advertiser’s brand and other similar kids footwear brands in India, to prove that it is in the leadership position (No.1) in kids footwear, or through a third party validation. The claim is misleading by exaggeration.

Healthcare

The CCC found that the claims made in the following 40advertisements were misleading that exploit consumers’ lack of knowledge and could lead to widespread disappointment in the minds of consumers. Several claims were misleading by exaggeration.

Reckitt Benckiser Healthcare India Pvt Ltd (Itch Guard Cream): The television advertisement’s claim “Heals infection 4 times faster” was not adequately substantiated and is misleading by ambiguity and implication. The data relied upon for the claim support was dated and20 years old and was specific to the active ingredient. The CCC noted that terbinafine was introduced in India in the late nineties or early 2000s. The CCC observed that over the last several years, India has witnessed an unprecedented epidemic of severe and extensive dermatophytic infections. In CCC’s opinion, to back a specific quantitative claim of better efficacy, it is important that the claim is based on current published studies of terbinafine and currently used common fungicidal agents (including those that have been introduced in the last 20 years). The Indian climatic conditions and habits and practices of Indian consumers are also required to be factored in.

In the advertisement the ASCI Guidelines on Disclaimers were also violated as the disclaimer was not in the same language as that of the voice over and was misleading by ambiguity and omission with reference to the source of the claim.

Arihant Hospital & Test Tube Baby Center: The print advertisement’s claim “Freedom from infertility” and “Provides trustworthy and international solutions on infertility to fulfil the dream of motherhood”, imply guaranteed cure for infertility, which were not substantiated with supporting clinical evidence in statistically significant number of patients treated at the centre.

Dr. Dande Hospital and Research Center: The print advertisement’s claim “Most Awarded Hospital by People”, was not substantiated with verifiable comparative data with respect to awards won by the hospital as compared to any other hospital in Nagpur / India, or through a third-party validation.

Skin City Super Specialty SkinClinic: The print advertisement’s claim “India's largest super speciality skin clinic with expertise in the latest laser technologies”, was not substantiated with any verifiable comparative data of the advertiser’s skin clinic and other similar skin clinics in India. The second claim “Gives freedom from excessive sweating and body odour permanently” was not substantiated with supporting clinical evidence in statistically significant number of patients treated at the clinic.

Gem Hospital: The print advertisement’s claim “Obesity and diabetes can be completely cured”, was not substantiated with supporting clinical evidence and it is misleading by gross exaggeration. The advertiser did not provide any clinical evidence to prove that treatment through bariatric surgery helps obese people lead normal lives even if they revert to their pre-surgery lifestyle.

Mahatma Cancer and Institute Gandhi Hospital Research: The print advertisement’s claims “Recognized by Limca Book of Records-2015 for the largest Cancer survivors from a single institution in the state of Andhra Pradesh” and “The most trusted & comprehensive cancer care in Andhra Pradesh”, werenot substantiated. The advertiser did not provide any verifiable comparative data of the advertiser’s hospital and other similar hospitals in Andhra Pradesh, to prove that they are more trusted than all the others or through an independent third-party validation.

Modern Diagnostic & Research Centre Pvt. Ltd: The print advertisement’s claim “Awarded as Best Diagnostic Centre in Delhi/NCR for 5 years in a row” was not substantiated with a copy of the award certificates, criteria for granting the award, references of the award received such as the year, source, and name of the awarding body for the last five years.

Rudra Laser Hemotherapy Clinic: The print advertisement’s claim “Performs natural bypass on 90 to 100% blocked blood vessels and enlarge them” and “Normalizes increased blood pressure, cholesterol” were not substantiated with supporting clinical evidence and are misleading by gross exaggeration.

Freedom from Diabetes: The print advertisement’s claim as well as the name of the organisation “Freedom from Diabetes” made an absolute claim. The CCC was of the opinion that for an absolute claim of such medical /therapeutic nature, there has to be robust and sound double blind clinical trial results on statistically significant number of representative patient population as substantiation which the advertiser was unable to provide.

Amaron Remedies (Healer-AM Range of Product): The print advertisement’s claim “Provides instant relief from fever” was not substantiated with product efficacy data and is misleading by gross exaggeration.

AndhraHospitals: The print advertisement’s claim “Biggest network of hospitals in Andhra Pradesh” was not substantiated with any verifiable comparative data of the advertiser’s hospital and other similar hospitals in Andhra Pradesh, to prove that their hospital network is bigger than all the rest, or through a third party validation. The second claim “Performed highest number of minimal invasive cardiac surgeries in Andhra Pradesh” was not substantiated with any support data or any evidence of comparison with other hospitals in Andhra Pradesh to prove that they have achieved maximum number of minimal invasive cardiac surgeries, or through a third-party validation. The source for the claim was not indicated in the advertisement. The claim is misleading by gross exaggeration and implication.

Dr. Muffi’s Digestive Health Institute: The print advertisement’s claim “World's No.1 weight loss team” was not substantiated with any verifiable comparative data of the advertiser’s team and other similar weight loss teams globally, to prove that it is in leadership position (No.1) than the rest in providing weight loss services, or through a third party validation. The source for the claim was not indicated in the advertisement. The claim is misleading by gross exaggeration. Weight loss achieved by a patient as depicted via images of before and after the treatment was not substantiated with authentic and verifiable data.

H.L. & Co-Hairlife: The print advertisement’s claims “Freedom from fat” and “Stops hair fall from today itself through treatment”, were not substantiated with supporting clinical evidence in statistically significant number of patients treated at the clinic.

Preventive Care Lab: The print advertisement’s claim “People who have been suffering from allergy problems for years, got rid of it completely in days” was misleading. It was observed that the advertiser only conducted diagnostic tests to identify potential allergens. People could minimise the risk of having an allergic reaction by avoiding exposure to the allergens identified through the diagnostic test offered by the advertiser. However, the tests were not treating the allergenic tendencies per se. The claim was misleading by ambiguity, implication and gross exaggeration.

Reality Laser Clinic & Research Centre: The print advertisement’s claim “Dr. A. Abdul Kader Ph.D. (Arthritis) giving permanent solution by understanding the disease, by knowing the pulses through various methods of treatment” and “Cure children, paralytic patients without monthly exercises through latest treatments and within 40 days” were not substantiated. It was incorrect to claim providing “a permanent solution” for medical ailments and paralysis, that too without exercise.

Woodlands Hospital: The print advertisement’s claim “The most trusted hospital of laparoscopic surgery” was without a valid basis and was not substantiated. The advertiser did not provide any verifiable comparative data of the advertiser’s hospital and other similar hospitals, to prove that they are more trusted than all the others in conducting laparoscopic surgeries, or through an independent third-party validation.

Shubham Piles Hospital: The print advertisement’s claims“Cure chronic piles from roots” and “Cure any type of piles without operation” were not substantiated with any supporting clinical evidence in statistically significant number of patients treated at the hospital to prove that the advertiser was providing a permanent solution for piles.

Arya Manav Seva Pharmacy:The print advertisement’s claims,“Stops hair fall”, “Cures Migraine from roots” and “Freedom from knee pain in only 4 months and there is no need for knee replacement” were not substantiated and are misleading by gross exaggeration. The advertiser failed to provide details of the Ayurvedic treatment given for hair fall, migraine or knee pain nor any details regarding the medicines used and their approval status by the regulatory authorities. Advertiser also did not submit any references from classical ayurvedic literature to support their claims.

CRC Acupuncture Laser and Wellness Centre:The print advertisement’s claims,“Patient suffering from Asthma can be easily cured with Laser Acupuncture treatment” and “Successful treatment of Sciatica by Acupuncture Medical Science” were not substantiated with supporting clinical evidence in statistically significant number of patients treated at the Acupuncture and Laser wellness centre and are misleading by gross exaggeration.

K.R. Ayurvedic : The print advertisement’s claims, “One can quit alcoholism completely no matter how much old it is” and “Without any side effects” were not substantiated with supporting clinical evidence or with treatment efficacy with the use of medicines supplied by the hospital and are misleading by gross exaggeration.

K.R. Ayurvedic :The print advertisement’s claims,“Piles can be completely cured with 50 days medicines no matter how much old it is”, was not substantiated with supporting clinical evidence in statistically significant number of patients treated at the advertiser’s ayurvedic center with a fifty day course of medicine.

Navjeevan Ayurved:The print advertisement’s claims, “Get rid of unwanted hair for lifetime” and “Freedom from hair in just 6-8 months” were false. The advertiser did not provide any details of how that would result in permanent results.

Osho Medicare: “India's No.1 kidney expert”, was not substantiated with verifiable comparative data/market survey data, of the advertiser and other similar experts in India, or through a third party validation. The second claim “By Ayurvedic medicine, the disease gets cured from its roots”, was not substantiated with product efficacy data, and is misleading by gross exaggeration.

Ganga Ayurvedic Clinic : , “An accurate medicine to quit alcohol without informing and without bringing the alcoholic” and “Without admitting quit smoke, ganja, charas, medicines, bhang, cigarette gutkha, tobacco” were not substantiated with supporting clinical evidence of product efficacy and are misleading by gross exaggeration.

Saptarishi Herbals (Saptarishi Sandhi Sudha Oil): The print advertisement’s claim “World's No.1 Ayurvedic Oil” was not substantiated as the advertiser did not provide any verifiable comparative data of the product and other similar ayurvedic oil product being sold worldwide, to prove that it is in leadership position (No.1), or through a third-party validation.The advertisement also had a disclaimer saying “Highest Selling Teleshopping Product in Ayurvedic Knee Pain Relieving Oil Category”, however, the disclaimer did not provide any source of the claim and if the source has access to the world-wide market. The advertisement is misleading by ambiguity and exaggeration and also violates ASCI’s Guidelines for Disclaimers.

Samarth Hospital: The print advertisement’s claim “An infertility cure centre” was not substantiated with any authentic and verifiable data regarding the success rate of their services in treating infertility.The advertisement stating “Vandhatwa nivaran kendra” (Marathi) when seen in totality with claims such as “whatever may be the reason, you still can become mother and father”, “Apatya Swapnapurti yojana” (translated in English as – scheme that fulfils the dream of bearing a child) is misleading by implication that the couples would get sure success for infertility issues.

Slim in Style:The print advertisement’s claim “Lipoburst – The Most successful weight loss technique” was not substantiated with any supporting clinical evidence and with treatment efficacy data comparing this technique with other similar techniques for weight loss.

The following advertisements were considered to be, prima facie, in violation of The Drugs & Magic Remedies Act / The Drugs & Cosmetics Rules, and are being referred to the Ministry of AYUSH:

Sr. No	Brand/Product	Claim/s
1.	Dr. Borwankar Polyclinic	Medicines invented by Dr G B Birajdar, cure Paralysis within two to three months permanently
2.	Asha Clinic	Solution for any type of sexual problem
3.	Idumban Hospital	Freedom from diabetes disease
4.	Khodiyar Ayurvedic	Cancer can be cured through ayurvedic medicine Get Resultin 60 days in cancer with money back guarantee
5.	S.M. Dawakhana	Bring happiness in sexual and married life Asthma without side effects, it works on the roots of problem and give permanent relief effectively Successful treatment of premature ejaculation, small & thinner of penis, lack of sperms and wet dreams
6.	Dr Sharda Medi Life Ayurveda Clinic	Freedom from asthma pump in 15 days Testimonial in the advertisement given by Miss Charanjeet Kaur states “After 2 months of medication I am completely cured” The above claim implies cure for Asthma
7.	Shri Dhanvantari Ayurvedic	Successful treatment of venereal disease like male disease, nil sperms, sex problems, weakness, premature ejaculation etc. Treat piles in one-time medicine only Successful treatment for white spots (visuals are misleading) Cure deadly disease since birth Advertisement is in violation of AYUSH advisory against using visuals of Government officials, suggesting their approval.
8.	German Homeo Lab	Get rid of intoxication without the knowledge of the person Refund money on not getting results Through computer successful treatment is being done for kidney stone, asthma, piles, brain tumour, infertility and venereal diseases
9.	German Homeo Lab	Through computer successful treatment is being done for skin diseases, diabetes, leukoderma, stammering and undeveloped & small breasts
10.	Aman Healthcare /Win-up Herbal Power Booster Capsules	“Bedroom ka winner” The claim objected to together with product pack visuals in advertisement imply that the product is meant for sexual enhancement
11.	Dr. Nanasaheb Hon’s Multi Speciality Homeopathy & M Pressure Therapy	Cure deafness with help of Homeopathic medicines
12.	Shri Sai Heart Care Centre	More than one lakh patients got rid of heart disease without operation/surgery
13.	Shatayupathy Pvt. Ltd.(Shatayupathy/Divya Upchar)	These Medicines not only cures diseases but also destroys the root cause of the illness and gives new life to the cells and organs of the body by removing the dirt, virus, bacteria, etc., present from many years and keeps body healthy and disease free so that we do not suffer from any diseases in future

The CCC found that the claims made in following67advertisements were misleading by exaggeration,exploited consumers’ lack of knowledge and could lead to widespread disappointment in the minds of consumers. The advertisements also violated ASCI’s Guidelines for Advertising for Educational Institutions and Programs.

Parigyaan Classes: The print advertisement’s claim “Ensure selection by studying in the institute which provided the maximum selections in the last REET recruitment exam” with respect to training and selection for the Rajasthan Eligibility Exam for Teachers (REET) was not substantiated with verifiable supporting data.The claim guaranteeing selection is misleading.

Parigyaan Classes: The print advertisements claim “Assure your selection into the institute that has given top rankers with highest selection in last constable recruitment exam” with respect to training and selection for the Constable/SI exam was not substantiated with verifiable supporting data. The claim guaranteeing selection is misleading.

Devprayagam IAS Academy: The print advertisement’s claim “The prestigious institute providing maximum success in IAS/PCS/PCS (J)” was not substantiated with any verifiable supporting data or evidence of comparison with other coaching institutes, to prove that the advertiser’s institute has given the most number of successful candidates in the IAS, PCS (J) exam.

CLC Career Line Coaching: The print advertisement’s claim “Highest success rate in North India”, was not substantiated as the advertiser did not provide any supporting data or evidence of comparison with other similar institutes to prove that they have provided the highest success rate in North India through coaching students for NEET and JEE.

Banco Career Academy: The print advertisement’s claim “Join Banco to get government job” was not substantiated with authentic supporting data such as a detailed list of students who have been placed through their Institute in government jobs, contact details of students for verification. The advertiser also did not provide any supporting data such as enrolment forms and appointment letters received by the students, independent audit or verification certificate.

Shrey IAS: The print advertisement’s claim “Institute providing highest result in UPSC/BPSC” was not substantiated with any verifiable supporting data or evidence of comparison with other coaching institutes in Patna, to prove that they have given the highest results in the UPSC/BPSC exams.

Matsya IAS Academy: The print advertisement’s claim “Guarantee that questions will appear – Sure Selection Plan” with respect to guarantee of getting pre-known questions as well as selection for theadvertised posts was not substantiated with verifiable supporting data.

Meghe Group School of Scholars: The print advertisement’s claim “International School Award Recipient” is the very first bullet point under “salient features” of the school. The award given to the advertiser was on the basis for Outstanding Development of International Learning in the Curriculum on 16th November. However, such reference was not provided in the advertisement. Moreover, the award granted to advertiser’s school was old and the three year accreditation for the same has since expired. The claim was not substantiated and is misleading by ambiguity, omission and implication.

Zentex Defence Academy: The print advertisement’s claim “The institute that has provided the highest selections in 10 years”, was not substantiated with any supporting data or evidence of comparison with other similar academies, on year on year basis for the last 10 years, to prove that they have given the highest selection of students in Defence related jobs each year.

Vellore Winner Academy: The print advertisement’s claim, “The cream of the best of faculty from all over India” was not substantiated with any verifiable comparative data of the advertiser’s faculty and faculty from all other similar coaching institutes, to prove that the advertiser’s faculty from all over India are better than all the rest in providing coaching for the NEET/AIIMS entrance exams, or through an independent third-party validation.

Srushti Classes: The print advertisement’s claim “Rajasthan's best faculty” was not substantiated with any verifiable comparative data of the advertiser’s faculty and faculty from all other similar coaching institutes in Rajasthan, to prove that they are better than all the rest, in providing coaching for the claimed courses, or through an independent third-party validation.

LawPrep Tutorial: The print advertisement’s claim “India's most experienced CLAT faculty team”, was not substantiated with any verifiable comparative data of the advertiser’s faculty team and faculty teams from other similar institutes in India, to prove that they are better experienced than the rest, in providing coaching for the Common Law Admission Test (CLAT) to their students, or through an independent third party validation. The claim “India's highest NLU selections from one institute”, was not substantiated with any market survey data or with any verifiable comparative data of the advertiser’s institute and all other similar institutes in India, to prove that only they have provided the highest selections to National Law University, or through an independent third party validation.

Karpaga Vinayaga Educational Group (Karpaga Vinayaga College of Engineering and Technology): The print advertisement’s claim “Best Engineering College Award” is not substantiated with copy of the award certificates, details of the criteria for granting the award, references of the award received such as the year, source and category, and details about the awarding body, and is misleading by omission of disclaimer to qualify the same.

Gyan Ganga group of Institutions: The print advertisement’s claim “Highest placements in the region, Campus placements leader of the region” were not substantiated with any verifiable support data or evidence of comparison with other coaching institutes in the region, to prove that their institute had provided the highest placements among all other institutes in the region, or through a third party validation.

Goal Educational Services Pvt Ltd- Goal Institute: The print advertisement’s claim “Most popular and trustworthy institute among students” was not substantiated with any market survey data or with any verifiable comparative data of the advertiser’s institution and other similar institutions, to prove that they are more popular than all other institutes in providing coaching for the claimed courses, or through a third party validation.

Gyanguru Vidhyapith:The print advertisement’s claim “The most trusted institution of management, Best science school of Bhavnagar for Std.11-12, IIT- JEE (Main/Advance) AIIMS- NEET, Best faculty” was not substantiated with any market survey data or with any verifiable comparative data of the advertiser’s institution and other similar institutions, to prove that their management institution is the most trusted compared to all others, or through a third party validation. The claim “Best science school of Bhavnagar for Std.11-12, IIT- JEE (Main/Advance), AIIMS- NEET”, was not substantiated with any market survey data or with any verifiable comparative data of the advertiser’s science school and all other similar science schools in Bhavnagar, to prove that they are better than all others in providing science coaching for Std.11-12, IIT- JEE (Main/Advance), AIIMS- NEET, or through an independent third party validation. Claim, “Best faculty” was not substantiated with any verifiable comparative data of the advertiser’s faculty and faculty from all other similar schools, to prove that they are better than the rest, in teaching the claimed courses, or through an independent third-party validation.

Gandhi Institute of Management and Technology : The print advertisement’s claim “Written job bond” was not substantiated with authentic supporting data such as detailed list of students who have been recruited through their Institute in the Hospital Management sector or as MBA Professionals in the HR, the Finance or the Marketing sector, contact details of students for verification, enrolment forms, and appointment letters/job offer letters received by the students, nor any independent audit or verification certificate.The CCC also observed that mere signing of an agreement/written job bond with the student does not ensure that a student will get the job.

Galaxy Defence Academy: The print advertisement’s claim “Money back if selection is not provided” was not substantiated with supporting evidence of students who have succeeded in the Defence selection exams on taking coaching from the advertiser’s academy, or the students who did not succeed and were refunded with full paid fees.

Raath International School: The print advertisement’s claim “First position in Alwar consistently from last 7 years” was not substantiated with any supporting data or evidence of comparison with other similar institutes for a year on year basis for the last seven years, to prove that they have consistently achieved the first position in Alwar.

Rathi Forum Career: The print advertisement’s claim “Giving best performance in Maharashtra since last 19 years” was not substantiated and is misleading by exaggeration. The advertiser did not provide any supporting data or evidence of comparison with other similar institutes for a year on year basis for the last 19 years to prove that they have provided the best performance in the Chartered Accountant (CA) exams inMaharashtra.

MIT-World PeaceUniversity: The television advertisement’s claim “World’s first University for Life Transformation”, was misleading. The CCC opined that Educational institutes have a significant impact on a student’s life and to call out only one particular institution capable of doing that is a farfetched claim.

Complaints against advertisements of 46educational institutes listed below are UPHELD mainly because of unsubstantiated AND misleading claims that they provide 100% placement/100% placement assistance OR they claim to be the No.1 in their respective fields.

Zee Interactive Learning System – ZIMA (Zee Institute of Media Arts), Shiksha Academy, NBCE Skill Development- National Board of Computer Education, Medical IIT Point, Mata Gujri Girls’ Public School, Emerald Professional Academy, Edunova Tutorial Pvt Ltd, DLS IELTS Academy, Clat Prep Education, Chanakya Classes, Bliss Academy, Banco Career Academy, The Great Ashoka Public School, Ambition Institute, Ambition Career Point, AGM TRB Training Centre, Seth M. R. Jaipuria School, Ajay Behl Academy, The Zone Study, Madurai Coaching Centre, Betain Career Institute Pvt Ltd- BETA IIT/ NEET Academy, Saraswati IAS, Sagar School Public, Wonder Kidz The Concept School, Toppers Tuition Group, Silica Coaching, Seedling Group of Institute, Vijetha Defence Academy, Sardana Tutorials – Study Adda, Kollywood Academy, Kaplon Education Pvt Ltd, Institute of Systematic Studies, Institute of Industrial Business and Accountants, Infinity Academy, Speed Medical Institute, Aptech Limited Lakme Academy, Sri Chaitanya Techno School, Gurukul Defence Academy, Global Academy Career, Aptech Limited- Arena AnimationAcademy,Perfect Point, INFINITY-The Education Hub, eHomemaker Solutions India Private Limited- Livspace.com, Rishi Medical and IIT Academy, Star Healthcare Limited-Ferty9 Hospital & Research Center and Mind Coaching Classes.

Vcare Herbal Concepts Pvt Ltd (Vcare VIP Hair Colour Shampoo): the television advertisement’s claim “It will stick only on hair and not stain on any other part” was not substantiated. The advertiser has made only assertions that the shampoo hair colour does not stain skin and gets applied only on hair; however, the advertiser did not submit any product composition details nor any technical test report to substantiate the claims nor safety of the product.
S.B. Food Products (Priya Khadak Rotti): It was observed that the advertisement shows an FSSAI logo in a non-standard format, implying that it is an endorsement from FSSAI. The improper use of FSSAI logo in the print advertisement is in contravention of the FSSAI advisory.

The CCC found that the claims in the following 13advertisements were misleading and exploited consumers’ lack of knowledge which could lead to widespread disappointment in the minds of consumers

Nippon Paint (India) Private Limited (Nippon Odour less Air Care): The television advertisement (in Tamil) and its corresponding YouTube advertisement in Hindi claiming “Its active carbon technology kills germs and purifies the air” was not substantiated with any details regarding the product composition, technology, scientific rationale or technical test reports to substantiate the claimed benefits. The advertisement made an absolute claims of killing germs, bacteria and removing formaldehyde and purifying the air which ensures clean air indoors. The claimis misleading by ambiguity and exaggeration.

Sudarshan Saur Shakti Pvt. Ltd: The print advertisement’s claim “India's No.1 solar energy brand” was not substantiated with any verifiable comparative data of the advertiser’s brand and other similar brands in India, to prove that it is in leadership position among all other solar energy brands, or through an independent third party validation. This claim is misleading by ambiguity, implication and exaggeration.

Bangla Corporation (Bangla Soda Machine): The print advertisement’s claim “The oldest company in the world for soda machine” was not substantiated with any market survey data or verifiable comparative data of the advertiser’s company and other similar companies in the world, to prove that their company is the pioneer of soda machines or through third-party validation to prove that they are the oldest in the world. The second claim “Certified by FSSAI” was in violation of the FSSAI advisory dated February 10, 2017 for use of the FSSAI logo in a non-standard format, implying that it is an endorsement from FSSAI. The claim was misleading by implication.

SPR Highliving Market of India: The print advertisement’s claim “South Asia's Largest Wholesale Market”, was misleading by gross exaggeration. The advertiser is currently developing their project “Market of India”;the marketplace was still in the process of being built and yet to be in existence, let alone qualify to be the Asia’s largest wholesale market place. A claim for a future product or services that would benefit a trader cannot hold.

Recall Coolers: The print advertisement’s claim “Rajasthan's only cooler with smart feature” was not substantiated with verifiable comparative data of the advertiser’s cooler and other similar coolers in Rajasthan, to prove that they are the only cooler with smart features, or through a third party validation. The claim is misleading by exaggeration.

International Tractors Limited (Sonalika Tractors): The print advertisement’s claim “World No.1 plant” was not substantiated with any verifiable comparative data of the advertiser’s plant and other similar plants in the World, to prove that it is in leadership position (No.1) than the rest in manufacturing tractors, or through a third party validation. The source for the claim was not indicated in the advertisement. The claim is misleading by exaggeration.

TunwalE-Bike India (Tunwal E-Scooter): The print advertisement’s claim “Largest E-vehicle Chain in Limca Book of Records” was unsubstantiated as the advertiser did not submit any evidence of the Limca Book of Records data. Also, the selection methodology, criteria used for evaluation, names of other similar organizations that were part of the assessment and the outcome was not explained. The claim is misleading by exaggeration.

Glare Appliances Pvt Ltd (Glare Kitchen Wares): The television advertisement’s claim “India’s no 1 company to make kitchenware” was not substantiated with any verifiable comparative data of the market share by value / volume of the advertiser’s company and other similar kitchenware companies in India, to prove that it is in the leadership position (No.1) in manufacturing kitchenware, or through a third party validation. The source for the claim was not indicated in the advertisement. The claim is misleading by exaggeration.

RSA Autocare Pvt Ltd (RSA Auto i-Care): The television advertisement’s claim “India's no.1 24 hr car service provider” was not substantiated with verifiable any comparative data such as market research survey. The source for the claim was not indicated in the advertisement also the advertiser did not provide any evidence of their 24hr service being in operation such as incoming consumer requests and their service records. The claim is misleading by exaggeration.

HB Ply & Boards: The television advertisement’s claim “No 1 plywood” was not substantiated with any verifiable comparative data such as market share by value/volume of the advertiser’s product and other similar plywood products to prove that it is in the leadership position (No.1) or through a third-party validation. The source for the claim was not indicated in the advertisement. The claim is misleading by exaggeration.

Bodyzone Fitness and Spa Pvt. Ltd: The print advertisement’s claim “North India's No.1 Fitness Club”, was not substantiated with any verifiable comparative data of the advertiser’s fitness club and other similar fitness clubs in North India, to prove that it is better than all the rest in providing fitness training and gym services, or through an independent third party validation. The source for the claim was not indicated in the advertisement. This claim is misleading by exaggeration and implication.

August 5, 2019

ASCI upheld complaints against 114 advertisements out of 206. 49 other advertisements promptly withdrawn, 43 were not objectionable

MUMBAI: During the month of April 2019, ASCI investigated complaints against 206advertisements, of which 49 advertisements were promptly withdrawn by the advertisers as soon as they receivedthe ASCI communication. The Consumer Complaints Council (CCC) of ASCI upheld complaints against 114advertisements out of 157advertisements evaluated by them. Of these 114 advertisements,59belonged to the education sector, 35 belonged to the healthcare sector, five to personal care,two to the food & beverages sectorand 13were from the ‘others’ category.

The CCC observed that one renowned cricketer was endorsing a prominent brand for payment gateway, implying leadership claim and presenting the product as a “card” which was not substantiated and was misleading. A well known refrigerator brand’s claim of keeping vegetables fresh for up to 30 days was considered to be misleading. In one instance, “100% Genuine Medicines” claim by an online pharmacy was not substantiated with any verifiable supporting data such as a list of registered FDA approved pharmacies supplying the said medicines. A learning app was making a claim of millions of students learning from their app which was not substantiated.

A large number of complaints were pertaining to the education sector wherein the advertisers were making unsubstantiated claims of they being No. 1, winning awards or “100% placement” luring students.The CCC also came across a significant number of advertisement of hospitals and clinics making unsubstantiated claims about their services being the best, they being bestowed various awards or the hospitals being able to curevarious conditions ranging from infertility to piles, diabetes, HIV and Cancer.

Mr D Shivakumar, Chairman, ASCI said,“Over the last three decades, we have worked on many fronts to ensure awareness and acceptance of self-regulation in advertising. More recently ASCI has launched its digital campaign “Self-Regulate before it is too late”, towards encouraging better industry participation for protecting self-regulation of advertising. It is important that advertisers work together with ASCI to build a strong and cohesive self-regulatory ecosystem to ensure that advertising stays trustworthy and independent of external controls.”

HEALTHCARE: – 35advertisements complained against

•   Direct Complaints (Threeadvertisements)
•   Suo Motu Surveillance by ASCI (32advertisements)

EDUCATION: – 59advertisementscomplained against

•   Direct Complaints (Four advertisements)
•   Suo Motu Surveillance by ASCI (55advertisements)

FOOD AND BEVERAGES: – 2advertisementscomplained against

•   Direct Complaints (Twoadvertisements)

PERSONAL CARE: – 5advertisement complained against

•   Direct Complaints (Threeadvertisement)
•   Suo Motu Surveillance by ASCI (Twoadvertisements)

OTHERS: – 13advertisements complained against

•   Direct Complaints (Eightadvertisements)
•   Suo Motu Surveillance by ASCI (Fiveadvertisements)

DIRECT COMPLAINTS

The advertisements given below were complained against by the general public or by industry members. Of the 70advertisementscomplained against, for 8 cases the advertisements were promptly withdrawn by theadvertiser on receiving ASCI communication.For the remaining 62 advertisements, complaints against 20 advertisements were upheld by the CCC of whichfour belonged to the Education sector, threebelonged to Healthcare sector, threetoPersonal Care sector,two belonged to the Food & Beverages sector, and eightto the ‘Others’ category.

Education

The CCC found that the claims made in following two advertisements were misleading by exaggeration and exploited consumers’ lack of knowledge and lead to widespread disappointment in the minds of consumers. The advertisements also violated ASCI’s Guidelines for Advertising for Educational Institutions and Programs.

1.   Toppr Technologies Pvt Ltd (Toppr Learning App): The print advertisement’s claim, “7 Million students are learning on Toppr” was not substantiated with authentic supporting evidence or with an independent audit or a verification certificate.

2.   LegalEdge Tutorials: The advertisement’s claim, “Crack CLAT in 55 Days” was not substantiated with verifiable supporting data. The claim “India’s Best Institute for CLAT” was not substantiated with any market survey data, or with verifiable comparative data of the advertiser’s coaching institute and other similar coaching institutes in India, to prove that it is better than the others in providing coaching for students for CLAT, or through an independent third party validation.

Complaints against advertisements of two educational institutes listed below wereUPHELD mainly because they mademisleading and unsubstantiated claims such as providing 100% job placement guarantee OR claiming to be the No.1 in their respective fields.

Goal Institute,
Mumbai College of Hotel Management and Catering Technology.

Healthcare

Following advertisements in the healthcare sector were found to be misleading that exploit consumers’ lack of knowledge and could lead to widespread disappointment in the minds of consumers

1.   Meenakshi Mission hospital & research centre: The television advertisement’s claims (as translated to English), “Our Meenakshi Mission hospital, first laparoscopy treatment was done in world level”, “In 1993, world’s first laparoscopy treatment was done to remove lung and liver tumours” and “……. Always first, ……..” were not substantiated with verifiable data such as comparison with other hospitals worldwide to prove that they werethe first to perform laparoscopic surgery to remove lung and liver tumours, or any audited market survey data, or through a third-party validation.

2.   PharmEasy: The advertisement claim, “100% Genuine Medicines” was not substantiated with any verifiable supporting data such as a list of registered FDA approved pharmacies who have tie-ups with the advertiser and how the advertiser ensures that all medicines supplied are 100% genuine.

3.   Sharanya Avenue(Know health- Summer weight loss 2019): The advertisement’s claim, “Up to 10kgs in one month with dietician Neha…!”, was not substantiated their treatment procedure for weight reduction nor did they provide evidence of their customers who achieved the claimed results of over 10 kg weight loss regardless of their physiological status with dietician Neha. Claim, “1000 plus satisfied clients” was not substantiated with supporting evidence of the clients who have been successfully treated at the advertiser’s clinic. Also the claim, “Top 3 Winner Awards” was not substantiated with copy of the award certificates, details of the criteria for granting the award, references of the award received such as the year, source and category, and details about the awarding body, and is misleading by omission of disclaimer to qualify the same.

Personal Care

1.   Hindustan Unilever Ltd (IndulekhaBringha Shampoo):It was concluded that IndulekhaBringha Hair Cleanser is not directly beneficial for hair growth like IndulekhaBringha oil. The advertisement called out benefits of Indulekha Oil and presented Indulekha Hair Cleanser as additional product. The Hair cleanser product depicting mnemonic of hair root identical to that shown on the oil product pack and claiming “prevents hair fall” was therefore considered to be misleading. The disclaimer in fine print at the back of the package stating `hair fall due to breakage’, was in violation of ASCI Guidelines for Disclaimers.

2.   Hindustan Unilever Ltd (Dove Intense Repair Shampoo & Conditioner): The advertisement’s claim, “New” was not substantiated for the product formulation. The new packaging used a theta sign (θ) on a red background where the word NEW is mentioned; However, it was not shown as to what aspect of the product is new anywhere on the front of the container. On the rear side of the pack, it has been mentioned that NEW refers to ‘New Pack and Formulation’.Furthermore, in the advertisement, although it has been mentioned the word NEW (Naya) means new pack & new formulation, there is nothing to indicate that in fact there is a new formulation. The advertiser did not submit any authentic and verifiable evidence comparing the composition of the old formulation of Dove Intense Repair and the re-launched version. Advertiser did not submit physical sample of the old products as well. It was concluded that the claim “New” was not substantiated for the product formulation and was misleading by implication. The advertisement also contravened ASCI Guidelines on claiming “New/Improved”.

3.   Lotus Herbals Ltd (YouthRx Anti-Ageing transforming crème): The advertisement claim, “Contains Ground breaking Gineplex Youth Compound derived from potent natural ingredients that are clinically proven to accelerate lifting and firming”, and “The potent active ingredients include ginseng which activates cell metabolism and boosts collagen production and ginger which has more than 40 antioxidants and milk peptide” were not substantiated with technical details, composition of the product and evidence of product efficacy. The claims are misleading by exaggeration.

Food and Beverage

The CCC found that the claims made in the following two advertisements were misleading that exploit consumers’ lack of knowledge and lead to widespread disappointment in the minds of consumers.

1.   NESTLE INDIA LTD (NesPlus Multigrain Kokos): The advertisement’s claims, “Stays Crunchy even in warm milk” and “Jo RahegaGaramDoodh me bhiKadak” were supported with data that the product remains “crispy” for up to four minutes in warm milk. Reference to this time period was missing in the advertisement. The TVC and print advertisement was misleading by omission and ambiguity, andin contravention of ASCI Guidelines for Disclaimers.

2.   United Breweries Ltd (Kingfisher Radler Bottle Artwork, Kingfisher Radler Lemon Can Artwork): The television advertisement’s claim, “100% natural”, is in violation of the FSSAI Notification dated 19th November 2018 (Schedule V), which refrains advertisers from using “natural” in the advertisement unless it meets certain criteria. As per the FSSAI Notification “Composite foods cannot be described directly or by implication as `natural’ but may be described as `made from natural ingredients’. Based on this observation, it was concluded that the claim, “100% Natural” for this composite beverage was misleading and is in contravention of the ASCI Code.

Others

The CCC found that the claims made in the following seven advertisements were misleading that exploit consumers’ lack of knowledge and lead to widespread disappointment in the minds of consumers.

1.   EUREKA FORBES LTD (Dr.Aquaguard NRICH range of ROs): The advertisement’s claim, “Optimum amount of Micronutrients” / “Balanced Copper in Every Drop” was unsubstantiated and misleading by implication. The product configuration is based on BIS Standards and not on RDA standards, therefore, claims are related to safety and not to nutrients. The claim “Get equivalent power of dry-fruits” was not adequately substantiated as the composition as well as the overall bioavailability and nutritional value of ROs and Dry Fruits products are not comparable. The claim “Equipped with most advanced Patented Technologies Active Copper Maxx, Biotron and Mineral Guard” was misleading by implication as the grant for the patent is still under process.

2.   MastercardIndia: The television advertisement’s claim with celebrity MS Dhoni, “Bharat Ka Card”, implies leadership claim which was not substantiated, and is misleading by ambiguity. It was observed that while the advertiser has taken a stance that their Mastercard is a payment gateway, the visual in the TVC shows a physical card. Also it was observed that there was no evidence showing the Celebrity, Mr. M.S. Dhoni had done due diligence prior to the endorsement. There was a violation of Guidelines for Celebrities in Advertising.

3.   Times Network Ltd (ET Now): The channel in their promos circulated the BARC data claim to be the No.1 channel starting 14th Feb 2019 during Week 6,7,8,9 & 10. The BARC advisory dated 31st January 2019 which was updated on 14th February 2019, was applicable during the period of the advertisement complained against. In the context of impermissible use of BARC data, the CCC concluded that the TV Promos contravened Chapter I.3 of the ASCI Code.

4.   Paisabazaar Marketing and Consulting Private Limited:The advertisement’s claim, “2 minute mein loan approval” (“Loan Approval* in 2 minutes”) regardless of the disclaimer, “…..*Provisional Loan Approval in 2 minutes”, is misleading as the key operative word “provisional” is missing in the voice over itself. The claim, “Loan Approval in 2 Minutes “with the protagonist categorically stating “fatafat paisa aapke account mein”, implies that the money would be available in the person’s account as quick as in two minutes, whereas the actual fact is that the transfer of money could take upto ten days. Any normal Customer is bound to believe that the Loan will be approved in two minutes and amount will be credited almost immediately. The advertisement is misleading by ambiguity and implication.

5.   IPSIT Group (IPSIT Projects): The hoarding advertisement’s claiming, “Tax Free Homes* – *Free Stamp Duty Registration & GST” at Palghar was misleading. The free stamp duty registration and GST was available to customers who purchase the flat at the given rate and not at a negotiated rate. The terms and conditions for the offer were not readily available for the customer or on the advertiser’s website.

6.   Brandzstorm India Marketing Pvt. Ltd. (Luxxuberance): The advertisement’s claim, “India’s first multi brand handbag and accessories store” was not substantiated with any verifiable comparative data nationwide, of the advertiser’s store and other similar stores to prove that they are the first store in India that sells multi brand handbags and accessories. The claim is misleading by exaggeration.

7.   Voltas Ltd. (Voltas Beko Refrigerator): The advertisement’s claim, “…tees din taksabziyaan fresh rahengi”, (Vegetables will remain Fresh up to 30 days) was not substantiated, and is misleading by ambiguity, implication, and exaggeration. The disclaimer in the advertisement talks of `specific vegetables’ remaining fresh which is contradictory to the voiceover and main message conveyed of keeping vegetables’ fresh, implying that all vegetables will remain fresh. Additionally the disclaimers in the TVC were not in the same language as the audio of the TVC (Hindi) hence contravened ASCI Guidelines for Disclaimers.

8.   RSPL Limited (*) (XpertDishwash Bar): TheYouTube and website advertisement claim, “Big Saver Pack” was misleading. The older “four bar” pack (sold as a 3+1 free) weighs the same as the new “3 bar” pack.Hence, there is no saving delivered by the new pack, and this claim misleadingby distortion of facts, as there is no saving delivered by the new pack.

June 26, 2019
ASCI upholds complaint against Republic’s TV promo claiming network leadership

MUMBAI: The Fast Track Complaints Panel (FTCP) of the Advertising Standards Council of India (ASCI), in a meeting held on 27 March 2019, has upheld a complaint against Republic’s leadership claim of being the country’s largest news network with a reach of 184 million.

The Arnab Goswami-led network’s press note and TV promo with claim of being "India's No. 1 News Network" with "184 Million Viewers" was deemed ‘false and misleading’ by the FTCP after a technical expert and the ASCI secretary general conducted a personal hearing with both the complainant as well as the advertiser representatives.

The FTCP reviewed the channel promo videos, and noted the advertiser’s written response. The details of the complaint and the rationale for claim support was taken into consideration.

“The TV promo was not accompanied with any disclaimer to indicate the source of claim. The TV promo was in contravention of BARC advisory as well as Chapter I.1, I.2, I.4, I.5 and IV. 1 (a) and (b) as well as ASCI guidelines on disclaimers,” read the letter, which has been reviewed by Indiantelevision.com.

Ruling in favour of the complainant, the FTCP said that Republic had selectively picked only a subset of channels of their competitive networks and described these subsets as the “network”.

It noted, “The comparison among networks should include all channel under the common corporate umbrella. Selectively picking and choosing amounts to transgressing Chapter IV.1 (a) and (b).”

Republic in its defence asserted that it has used the data of only one week, i.e. the 10th week of 2019, for the promotional purpose as it had taken them over five weeks to ensure full availability in their addressable market.

FTCP further stated that due to the TRAI tariff order implementation, BARC had informed its subscribers to not use the viewership data for any public communication from week 6 onwards. Republic network’s representative admitted to being aware of the said BARC advisory and assured to adhere to the same during their personal hearing.

The channel indicated compliance and confirmed that the TV promo was a one-time telecast and has been discontinued.

March 30, 2019
ASCI urges consumers to take action against misleading advertisements on ‘World Consumer Rights Day’

MUMBAI: On the occasion of the ‘World Consumer Rights day’, The Advertising Standards Council of India (ASCI) urges consumers to not just be vigilant but also take action against misleading advertisements by informing ASCI through a simple WhatsApp message on +91-7710012345. Additionally, consumers can also reach out to ASCI through website ascionline.org or via e:mail to contact@ascionline.org

ASCI chairman D Shivakumar said, “Consumer is the King or Queen and has a voice today, thanks to the digital medium. ASCI encourages consumers to reach out to ASCI using our WhatsApp number, it’s as simple as that.”

‘World Consumer Rights Day’, originated in 1983, is an occasion to remind the world about the importance of observing and enforcing consumer rights. It is celebrated with a purpose to unite the consumers and reiterate that corporations must keep in mind their responsibilities. Advertising is an indispensable mode of communication and has always been an important medium to persuade consumers and create a perception about a certain product or service.

Established in 1985, The Advertising Standards Council of India (ASCI), a self-regulatory organisation, is working towards protecting the interests of consumers by ensuring that the advertisements conform to the Code of Self-Regulation of advertising content. While ASCI does not accept anonymous complaints, it maintains utmost confidentiality with respect to complainant’s identity. Each complainant gets acknowledgement and unique tracking ID number for their complaint. Key milestones of complaint processing are informed via automated SMSs. ASCI receives over 300 complaints a month from end consumers.

March 18, 2019
ASCI PROCESSES COMPLAINTS AGAINST 590 ADVERTISEMENTS, OF WHICH 558 WERE REGARDING MISLEADING CLAIMS

MUMBAI: In August and September 2018, ASCI investigated complaints against 590 advertisements. For 131 advertisements, the advertisers promptly ensured corrective action as soon as the complaints were received. ASCI’s Consumer Complaints Council (CCC) upheld complaints against 355 advertisements from a total of 459 advertisements evaluated by them.

Of the 355 advertisements wherein the complaints were upheld, 201 belonged to the education sector, 62 to the healthcare sector, 24 to the food & beverages category, 24 to personal care, seven violated BARC Guidelines and 37 were from the ‘others’ category.

The most common reason for upholding complaints were unsubstantiated claims in the Education sector such as providing “100% placement”, “guaranteed immigration”, “No.1”. This was followed by exaggeration of product efficacy and exploiting consumers’ lack of knowledge, violations of Guidelines for Celebrities in Advertising, BARC Guidelines, Drugs and Magic Remedies (DMR) Regulations. Many of the claims were misleading and likely to lead to widespread disappointment in the minds of consumers.

Amongst various advertisements that were examined, the CCC observed that, a renowned celebrity was found endorsing a well-known air hostess training institute claiming to be “World’s No. 1 institute”. Another advertisement had a popular celebrity endorsing an anti-pimple product promising pimple free skin whereas this claim was inadequately substantiated and misleading by exaggeration. Furthermore, a famous celebrity couple endorsed a soap brand; the advertisement implies that the product has the effectiveness of turmeric whereas the mechanism of action is due to another antimicrobial ingredient. These advertisements contravened ASCI’s Guidelines for Celebrities in Advertising.

December 19, 2018