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  • ASCI launches ‘Swachh Ads Abhiyan’

    ASCI launches ‘Swachh Ads Abhiyan’

    MUMBAI: Observing the National Consumers Day on 24 December, Advertising Standards Council of India (ASCI) has launched the initiative ‘Swachh Ads Abhiyan’.

    With the purpose of combating misleading advertisements, the Department of Consumers Affairs proposed ASCI to come up with an initiative to create awareness amongst consumers to take action against misleading content. The campaign was initiated across various social platforms like Facebook, Twitter, LinkedIn and YouTube.  Engaging with the consumers and making them aware of what advertisements lead to misleading content and consumer’s right to complain against any such advertisements.

    ASCI chairman Narendra Ambwani said, “‘Swachh Ads Abhiyan’ is yet another initiative by ASCI to combat the issue of misleading advertisements and create awareness for the consumers on National Consumers Day. It’s really important that the consumers don’t blindly believe in advertisements and understand unethical and misleading claims. ASCI engaged with consumers through social media, which have massively driven consumer attention towards the campaign. We hope this initiative from ASCI will empower and are encouraging consumers to make the right decisions.”

    ASCI’s Consumer Complaints Council member Sucheta Dalal stated, “As a member of the consumer complaints committee (CCC) I have seen the big leap in ASCI’s effort to track misleading advertisements across different media and languages on a nationwide basis. ASCI has also made it easy to file and track complaints online or engage with it through social media. All we need now is better consumer awareness and action by concerned citizens to keep ASCI on its toes by filing complaints and making themselves heard on the evolving issue of misleading advertisements.”

     

  • In October, ASCI upholds complaints against 105 out of 146 ads

    In October, ASCI upholds complaints against 105 out of 146 ads

    MUMBAI: In October, Advertising Standards Council of India’s (ASCI) Consumer Complaints Council (CCC) upheld complaints against 105 out of 146 advertisements. Out of the 105 advertisements against which complaints were upheld, 44 belonged to personal and healthcare category, followed by the education category with 43 advertisements.

     

    Some of the health care products or services advertisements also contravened provisions of the Drug & Magic Remedies Act and Chapter 1.1 and III.4 of the ASCI Code. Complaints were upheld against Hindustan Unilever Ltd’s advertisement of Fair & Lovely which claims that the product marketed in India gives better results than other fairness creams marketed in Dubai, Singapore and Japan stating a comparison versus “some of the world’s best products.” The advertisement is misleading by exaggeration and implication that the advertised product is unbeatable with all the products in those countries. Also the advertisement is likely to be misleading by ambiguity as the comparison is only for instant whitening effect of the advertiser’s product.

     

    Similarly, the advertisement of Wockhardt Hospitals claims, “Best in Healthcare” and “Best in Bariatric Surgery.” The advertisement is misleading as the Registration Certificate of the doctor shows his registration only as MBBS and not a specialist (MS). Also, the advertisement is in breach of Code of Medical Ethics as the advertisement mentions the name of Dr. Bhandari promoting the Hospital which is in violation of the Medical Council of India (MCI) Code of Ethics Regulations 2002 Clause 6.1.

     

    Also, the advertisement of Dabur Range of Product claims “Do you have the energy of Shilajit Gold?” & “Shila X Oil – Full of energy”, were not substantiated. Also, when read in conjunction with the visual in the advertisement and specific to the advertisement claim, “Shila X Oil – Full of energy”,   the advertisement is in breach of the law as it violated The Drugs & Magic Remedies Act.

     

    In the education category, CCC found that advertisements violated ASCI Guidelines for Advertising of Educational Institutions and upheld complaints against the advertisement by AKS University that claims it is the best university. The claim was not qualified with appropriate disclaimers and many others.

     

    In the e-commerce category, complaints were upheld against the advertisement of Flipkart.com that claimed to offer ‘Flat 90 per cent’ off which was misleading as the TVC did not mention that the offer is on limited stock. Similarly, Jasper Infotech’s Snapdeal.com advertisement a boy is telling the audience that my girlfriend’s sister is very cute. When we go outside she always comes with us, absolutely free. Just like Snapdeal Diwali bumper sale in which a product is absolutely free with another. The TVC makes a derogatory reference to women and refers to women as a commodity.

     

    The others against whom complaints were upheld included the advertisement claims that Hindustan Hindi Daily is the number one newspaper of Jharkhand. The claim contravened the ASCI Guidelines on Supers; the advertisement of Tata Docomo Photon Max Wi-Fi claims, “Consistent high speeds” which was not substantiated with test reports from independent third party. Also, the Advertiser did not provide substantiation of actual speed achieved in real conditions and in several locations within the cities quoted in the advertisement; Viacom 18 Media (Sonic Power Rangers) advertisement shows teenagers in uniform climbing the walls of their education institution and doing somersaults while entering the class. As the advertisement shows dangerous acts which are likely to encourage minors to emulate them in a manner which could cause harm or injury, the complaint was upheld under Chapter III 2b) of the ASCI Code.

     

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  • ASCI upholds complaints against 79 out of 100 ads in September

    ASCI upholds complaints against 79 out of 100 ads in September

    MUMBAI: In September 2014, Advertising Standards Council of India’s (ASCI) Consumer Complaints Council (CCC) upheld complaints against 79 out of 100 advertisements.

     

    Out of the 79 advertisements against which complaints were upheld, 49 belonged to personal and healthcare category, followed by the education category with 18 advertisements.

     

    In the personal and healthcare category, the CCC found the claims in advertisements of 48 advertisers to be either misleading or false or not adequately/scientifically substantiated and hence, violating ASCI’s code. Some of the health care products or services advertisements also contravened provisions of the Drug & Magic Remedies Act and Chapter 1.1 and III.4 of the ASCI code.

     

    Complaints were upheld against advertisers like Vini Cosmetics’ advertisement of White Tone Face Powder that shows instant fairness of the skin on using the product which is misleading by exaggeration. The advertisement of Perfect Clinic claims to give hope for childless couples, helps to get sex life back and enjoy married life.

     

    Agro Tech Foods’ advertisement of Sundrop Heart claims that research conducted on consumers proves the product has worked in 100 per cent of the people tested on. The duration of the supers in the advertisement does not stay for 6 seconds and contravened ASCI’s guidelines for supers.

     

    The advertisement of Richfeel Trichology Centre claims to provide the Best Hair Transplant at Rs 55,000. It further claims to have “Full time Aliesbury Certified Surgeons and staff perform the procedure”.

     

    In the education category, complaints were upheld against 18 advertisements. For instance, the advertisement claims that RKDF College of Engineering is the best engineering college in Central India. Sri Venkateswara Institute Of Technology claims that it provides guaranteed placement or else refund of fees.

     

    In the other categories, Hindustan Unilever Ltd advertisement claims that “various powders were tested, and in machines, Surf Excel Matic provided the most effective cleanliness”, qualified with a disclaimer “based on lab test on select fabrics versus ordinary powders” is misleading as the comparison is made versus ordinary powders not meant for machine wash. The subject matter of comparison was not considered as a like to like comparison.

     

    Star India’s TVC promo of Gumraah season 3 presents criminality and directly or indirectly encourages people – particularly minors- to emulate it or conveys the modus operandi of any crime.

     

    In the Food & Beverages category, Red Bull India advertisement without justifiable reason shows dangerous practices and manifests a disregard for safety. Similarly, Bacardi India is promoting its liquor product – Bacardi Breezer through the radio advertisement. The advertiser had violated the brand extension advertising code. The radio spot contravened Chapter III.6 (a) (b) of the ASCI Code and the guidelines for brand extension products or services. 

     

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  • “I&B to partner with ASCI to curb misleading advertisements”: Narendra Ambwani

    “I&B to partner with ASCI to curb misleading advertisements”: Narendra Ambwani

    An IIM Ahmedabad alumnus, Narendra Ambwani has spent over 34 years of his career with Johnson & Johnson. He led the rapid growth of Indian operations of Johnson & Johnson by building hugely successful and strong brands like Johnsons’ Baby and Stayfree. His strong focus on people engagement and development made J&J India as one of the “Best Companies to work for” in India.

     

    Ambwani, a professionally trained CEO coach and business advisor, now serves on boards of leading companies in India and acts as business advisor for marketing of FMCG products.

     

    In the coming year, we hope to promote ASCI’s guidelines more vigorously among advertisers and creative agencies, so that new ads meet ASCI’s standards at the creative stage itself, he said while taking charge as Advertising Standards Council of India (ASCI) chairman .

     

    During the year 2013-14, the Consumer Complaints Council (CCC) met 41 times and considered complaints against 1,937 advertisements. Indiantelevision.com’s Meghna Sharma spoke to the new chairman to see what is on his priority list.

     

    As the new ASCI chairman, what will be on your priority list and why?

     

    Our priorities for year 2014-15 are:

     

    •         Self discipline by creators of advertising – This would ensure that the advertisements are compliant with the self-regulation code of the ASCI at the time of their creation itself.

     

    •         Easier access to ASCI services – More and more consumers now have better access to internet. Social media is also playing a very important role when it comes to consumers expressing their opinion. Our efforts are underway to make it easier for consumers to reach ASCI – be it to complain against objectionable advertisement or for ASCI members to get trained on self-regulation code. We would announce these initiatives in the coming months.

     

    •         Collaboration with the regulators – The new mantra of “Less Government, more Governance” is in the true spirit of self-regulation. Department of Consumer Affairs, FSSAI and the Ministry of Information and Broadcasting is looking to partner with ASCI to curb the issue of misleading advertisements and protect the consumers’ interest. We are closely collaborating with e-regulators and are a key stakeholder in the Inter Ministerial Committees.

     

    •         Being seen as fair by all stakeholders – For every complaint that we process, one party is always unhappy! If a complaint is upheld, it is the advertisers and if a complaint is not upheld, it is the consumer who may feel that has ASCI been fair. By continuing to keep our processes transparent and decisions providing clear rationale, we would be seen as a fair and unbiased organisation taking very objective decisions. Our aim is to communicate this better with all our stakeholders.

     

    Recently, ASCI had set new guidelines that will not allow ads for fairness creams and other fairness products to depict people with dark skin as inferior to those who are fair. What triggered the association to come up with the new guidelines now?

     

    While all fairness products are licensed for manufacture and sale by relevant state Food & Drug Administration (FDA) under the Drugs & Cosmetics Act, there is a strong concern in certain sections of society that advertising of fairness products tends to communicate and perpetuate the notion that dark skin is inferior and undesirable. ASCI code’s Chapter III 1 b already states that advertisements should not deride race, caste, colour, creed or nationality. Yet given how widespread the advertising for fairness and skin lightening products is and the concerns of different stakeholders in society, ASCI therefore felt a need to frame specific guidelines for this product category.

     

    Setting up these new guidelines for the skin lightening and fairness products will help advertisers comply with ASCI code’s Chapter III 1 b which states that advertisements should not deride any race, caste, colour, creed or nationality . Given how widespread the advertising for fairness and skin lightening products is and the concerns of different stakeholders in society, ASCI saw the need to setup specific guidelines for this product category.

     

    What other segments are under scrutinisation? Why?

    None at this moment.

     

    You have said that ASCI wants to collaborate strongly with the regulators and consumer groups. When do we see that happening?

     

    ASCI has been in close contact with all the key stakeholders such as regulatory bodies or consumer groups. It is an ongoing process and with the efficiencies that we have achieved in the last few years in terms of speed of complaint redressal, regulatory bodies and consumer groups are seeing ASCI as a strong partner. This collaboration is continuing to strengthen as these stakeholders are now relying more and more on ASCI to process complaints.

     

    As awareness increases, will we see more marketing activities from the association to let more common people complain about ads?

     

    We have seen encouraging responses in the last couple of years and are looking forward to reaching out to the consumers extensively. We organise campaigns and seminars in colleges for the youth to be aware of ASCI. We have a dynamic PR team that helps us spread communication and visibility of the council to our consumers. With our digital medium consumers lodge complaints via the ASCI website, the ASCI Facebook page, email and through smartphones. We also have maintained the traditional mediums i.e. toll free telephone and regular post for increased customer feedback. Growing awareness of ASCI is evident in the fact that the number of complaints that we have processed in the last two years have grown ten folds!

     

    ASCI code of conduct is known to all advertising agency. Then why do we see repeated offence. Do you think the penalty should be more stringent?

     

    By and large, contrary to the perception, we have a very healthy compliance rate with the ASCI’s CCC decisions. There are very few repeat offenders and the compliance rate is more than 90 per cent. With the strong support coming in from the government bodies, we are confident that the compliance rate would only improve further.

     

    Last year, ASCI reduced the complaint processing turnaround time to just 12 days. What can we expect this year?

    This year we have some very interesting initiatives planned. We would announce them in the coming months. These are in line with the priorities set for the year 2014-15.

     

    Lastly, any advice for the advertising agencies?

     

    Regulate yourselves, else somebody else would regulate you!

  • ASCI upheld complaints against 134 out of 147 ads

    ASCI upheld complaints against 134 out of 147 ads

    MUMBAI: In July 2014, Advertising Standard Council of India’s (ASCI) Consumer Complaints Council (CCC) upheld complaints against 134 out of 147 advertisements.

    The CCC found the claims in health and personal care product or service ads of 56 advertisers, released in the press to be either misleading or false or not adequately/scientifically substantiated and hence violated ASCI’s code. Some of the health care products or services advertisements also contravened provisions of The Drug & Magic Remedies Act, Chapter 1.1 and III.4 of the ASCI code.

    The complaints were upheld against L’Oreal India’s advertisement claims that Garnier Colour Naturals provides nourishment to hair for eight weeks. ITC’s YouTube advertisement derides colour as a dark skinned girl is shown as not being confident and suffering from an inferiority complex due to her complexion. It shows that only after applying Vivel cream does she appear confident enough to sing in public. Similarly, Marico advertisement, which stars Rahul Bose, claims that Livon Hair Gain helps to stop hair fall within 90 days. The claims on the product pack were not consistent with those in the advertisement.

    The personal and healthcare category was followed by 61 advertisements in the education category.

    International Institute of Hotel Management advertisement claims to be India’s largest hotel school chain and Asia’s 100 fastest growing private educational institutes with 100 per cent global placement record. Prestige Institute of Management advertisement claims that Prestige Institute of Management is ranked among the top 1000 B-schools in the world by Ed-universal official selection, Paris. It further adds that Prestige is rated A++ among Management Institutions by Business India, November 2013 issue and ranked 16th among Management Institutes in India by Higher Education Review, 2014. In addition, the advertisement claims to be truly number 1 B-school in Central India.

    In the automobile category, Hero MotoCorp advertisement for Hero Xtreme shows an everyday activity being performed on the bike in an irresponsible manner. The advertisement contravened Chapter III.3 of the ASCI code (“Ads shall not, without justifiable reason, show or refer to dangerous practice or manifest a disregard for safety or encourage negligence.”). The complaint was upheld. Similarly, TVS Motor Company advertisement for TVS Phoenix 125 shows actor Nazar asking for a lift by standing in the middle of the road. When asked for lift, actor Mahesh stops the bike in the middle of the road. The CCC viewed the TVC and concluded that the visual promotes unsafe practices. The advertisement contravened Chapter III.3 of the ASCI code. The complaint was upheld.

     

    Click here to view the entire list

  • ASCI upheld 121 complaints against 140 advertisements

    ASCI upheld 121 complaints against 140 advertisements

    MUMBAI: In May 2014, Advertising Standard Council of India’s (ASCI) Consumer Complaints Council (CCC) upheld complaints against 121 out of 140 advertisements. Health & personal care category continued to lead with the highest number of complaints received in the month.

     

    The CCC found the claims in health and personal care product or service ads of 66 advertisers, released in the print/TVC to be either misleading or false or not adequately/scientifically substantiated and hence violating ASCI’s code. Some of the health care products or services ads also contravened provisions of the Drug & Magic Remedies Act.

     

    Some of the complaints upheld included Reckitt Benckiser Healthcare India’s Dettol Soap advertisement’s which claims that ‘Only Dettol gives 10x more protection against germs’ was misleading as the advertiser’s product with germicidal actives was compared against products without germicidal actives. Dettol being the “only” effective product was not substantiated by comparison with other products in the market with germicidal actives. Marico’s advertisement of Nihar Naturals Shanti Amla hair oil claiming that it is enriched with 500 per cent vitamin E was misleading as the comparison was being made with a product marketed in 2010. Hindustan Unilever’s TVC of Fair & Lovely suggests that fairness is essential for a girl to match a boy in status or essential when a girl is to get married or grow up in hierarchy at work place.

     

    The second category in which CCC found claims in print ads by 39 different advertisers were not substantiated and thus, violated ASCI Guidelines for Advertising of Educational Institutions was education. Hence, the complaints against these ads were upheld. For example,   IIT Kalrashukla advertisement claims that ‘with Kalrashukla you get into IIT or get your fees back. If you don’t make it, we return the fees, no questions asked’. Institute of Rural Management advertisement claims that it is ‘Ranked A++ among the Top Business Schools in India’, ‘3rd among Top Sectoral B-Schools of India- Competition Success Review’,  ‘rated at level A2- Business Standard’ ‘7th among Best Sectoral B-Schools- The Outlook’, ‘ranked A+ among Best B-Schools- Dalal Street Journal’,  ‘exceptional 100 per cent Placement with renowned corporate.’

     

    As per the complaint “The advertisement of Dominos Pizza shows two roommates use a third roommate’s credit card to order a pizza without his permission.  This is spreading an unacceptable message to youngsters to use someone else’s credit card without their permission.” The CCC viewed the TVC and considered the advertiser’s response.  The CCC concluded that TVC depicts credit card of one individual being used by another without his permission contravenes Chapter III.4 of the ASCI code. This complaint was upheld in the food & beverages category.

     

    In the entertainment category, Sarthak Entertainment’s (Sarthak TV) advertisement claims to be number one Odia channel. But in fact it is positioned at number two. There is no mention of the source or criteria based on which the channel has claimed this position. In the absence of comments from the advertiser, the CCC concluded that the claim ‘No.1 Odia channel’ was not substantiated and the source of this data was not provided. The complaint was upheld.  

     

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  • ASCI upheld complaints against 68 out of 108 ads

    ASCI upheld complaints against 68 out of 108 ads

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

     

    The CCC found the claims in health and personal care product or service ads of 44 advertisers, released in the press to be either misleading or false or not adequately / scientifically substantiated and hence violating ASCI’s code. Some of the health care products or services ads also contravened provisions of the Drug & Magic Remedies Act. Complaints against the ads like Hindustan Unilever’s Vaseline Healthy White Lotion showing exaggerated claims of ‘instant whitening’ on skin, Zydus Wellness claims that Everyuth Fairness Peel off to be India’s first intelligent delivering whitening technology that targets melanocytes to give unmatched fairness were upheld.

     

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

     

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

     

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

     

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

     

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

     

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  • ASCI upheld 99 complaints against 136 advertisements

    ASCI upheld 99 complaints against 136 advertisements

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

     

    In the health and personal care category, the CCC found claims in product or service ads of 80 advertisers, released in the press to be either misleading or false or not adequately/scientifically substantiated and hence, violating ASCI’s Code. Some of the health care products or services ads also contravened provisions of the Drug & Magic Remedies Act. Complaints against some of the ads which were upheld are: Dabur India’s Fem Fairness Natural Bleach claims that ‘everyone’s desire for fairness will be fulfilled’. ‘The saffron in it gives a glowing skin for long time’. Colorbar Eye Believe Ultimate Eye Cream advertisement says that ‘Why women love Ultimate Blemish Corrector? 92% women saw a visible lightening of under-eye circles* Super: *Based on internal consumer study.’

     

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

     

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

     

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

     

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

     

    Click here for the full report

  • ASCI shortens its complaint redressal to 12 days

    ASCI shortens its complaint redressal to 12 days

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

     

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

     

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

     

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

     

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

     

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

     

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

     

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

     

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

     

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

  • ASCI upheld complaints against 177 out of 201 ads

    ASCI upheld complaints against 177 out of 201 ads

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

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

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

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

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

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

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

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

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

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