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Tag: Complaints

  • Covid-fueled ad claims lead over 6149 complaints in FY 20-21: ASCI

    Covid-fueled ad claims lead over 6149 complaints in FY 20-21: ASCI

    Mumbai: While FY 2020-21 was a rough one for the advertising industry because of the turmoil caused by the COVID-19 pandemic, consumers too were vulnerable to the, sometimes far-fetched, claims made by brands. In this scenario, the role played by the Advertising Standards Council of India (ASCI) in protecting consumer interests was vital. 

    In all, 332-covid related ads were picked up by ASCI through consumer complaints as well as its own monitoring, of which only 12 ads were actually able to substantiate the claims they made, as per the latest annual complaints report released by the self-regulatory body. These advertisements belonged to categories across the board such as paints, apparel, detergents, skincare, ACs, fans, water purifiers, plywood and laminates, supplements, and food- all promising Covid related benefits.

    Besides Covid complaints, the ASCI Consumer Complaints Council (CCC) also processed 1406 complaints in the education sector, 285 complaints against food and beverage advertisements, and 147 complaints related to personal care. In addition, 364 advertisements were found to be, prima facie, in violation of The Drugs and Magic Remedies Act.

    From the first quarter itself of the pandemic, following a directive from the Ministry of AYUSH asking for ASCI to identify advertisements that violated its advisory dated 1 April 2020, the advertising body escalated 237 objectionable ads. While 164 ads complied and modified the untrue claims, 73 covid-related ads needed further investigation and action by the Ministry due to non-compliance.

    The self-regulatory body’s independent Consumer Complaints Council (CCC) convened 37 times during the year, and ASCI achieved a 97 per cent compliance rate from advertisers on its recommendations, scoring a strong point for the efficacy of self-regulation, said the report.

    In September 2020, ASCI tied up with TAM to monitor 3,000 digital platforms. Since then, it has observed a rise in complaints related to online ads, both received from end consumers, as well as taken up suo motu. 35 per cent of the advertisements looked into by the CCC were from the digital medium.

    ASCI’s expert panel that comprises highly seasoned microbiologists were kept busy examining Covid related evidence provided by advertisers, said the report. Given the rampant exploitation of vulnerable consumers in the pandemic situation, the industry watchdog issued a Covid advisory in October 2020, giving advertisers a clear directive to fully substantiate their Covid related claims through recognized testing facilities. 

    The pandemic year also saw a massive jump in online gaming activities and concerned with the unabated rise of online real money gaming advertisements which did not explain risks to consumers in a transparent way, ASCI developed guidelines for the sector. ASCI processed 67 complaints related to online real money gaming from Jan-March 2021.

    Its initiatives and guidelines helped brands, agencies, and other stakeholders cope with a changing marketing paradigm and shape the industry’s narrative in one of its toughest phases ever.

    ASCI secretary-general Manisha Kapoor said, “In a period where consumer vulnerabilities were at an all-time high, many brands took unfair advantage of this, and tried to peddle their wares without establishing any robust evidence of their actual utility against the SARS Cov-2 virus. ASCI has worked hard to weed out such advertisements by using very stringent standards of evidence. Brands that offer proven benefits to consumers have a genuine role in the pandemic, but unfortunately, most of the Covid-related advertising fell woefully short. Most advertisers were unable to prove that the products actually worked to help consumers in a real way as claimed in the ads.”

    ASCI also launched the Trust in Advertising report in partnership with Nielsen IQ and the Indian Society of Advertisers, and the ‘Chup Na Baitho’ awareness campaign for consumers, encouraging them to report objectionable claims in advertising.

    In addition, ASCI recently released detailed guidelines for influencer advertising. These guidelines make it mandatory for influencers and brands to specify what content is promotional in nature. Influencer marketing is mainstream now and the guidelines, that were the need of the hour, were welcomed by all stakeholders and are being implemented.

  • ASCI upholds complaints against 134 advertisements

    ASCI upholds complaints against 134 advertisements

    MUMBAI: ASCI has upheld complaints against 134 advertisements. In July 2016, ASCI’s Consumer Complaints Council (CCC) upheld complaints against 134 out of 183 advertisements. Out of which, 44 belonged to the Healthcare category, 44 to the Education category, followed by 24 in the Food & Beverages category, 8 in Personal Care Category and 14 advertisements from other categories.

    Here is the complete list:

    Food & Beverages:

    Bonn Nutrients (Bonn Nu Health Bread):  The advertisement’s claim (in Hindi) as translated into English, “With calories low as 40 cal/slice” was not substantiated and was misleading by implication.

    Sonia Honey:  The claims in the advertisement “Sonia Honey scored the highest on the main parameters of honey purity in a recent analysis of all Indian branded and unbranded honey” and “Sonia Honey The perfect natural Sweetner is: Anti-Aging, Anti- Cancer”, were not substantiated and are misleading.

    KP Group (Kamla Pasand Pan Masala): The advertisement features Rajneesh Duggal – a celebrity from the field of entertainment for a product which has a health warning “Pan Masala is injurious to health” and which cannot be purchased or used by minors. Minors are very likely to be exposed to the advertisement. The celebrity in the advertisement would have a significant influence on minors who are likely to emulate the celebrity in using the product. The advertisement contravened Chapter III.2 (e) of the ASCI Code, which specifically states that Advertisements “Should not feature personalities from the field of sports and entertainment for products which, by law, require a health warning such as “Panmasala is injurious to health” in their advertising or packaging.”

    G. K. Tobacco Co. Pvt. Ltd. (Zafri Pan Masala): The visual of a “women pillion rider without a helmet” as depicted in the advertisement of Zafri Pan Masala shows violation of traffic rules and also is an unsafe practice.

    Health care:

    American Instrument: The Advertisement’s claims (in Hindi), as translated into English, “Are you disappointed with a small penis.  American penis enlarger free.  Get rid of small, thin crooked penis and make it thick, hard and firm.  Improve your sperm count, infertility, premature ejaculation, firmness, nightfall, childlessness can be cured and increase your sex time by 30-45 minutes with energetic oil, excitement capsule, 16GB memory card free.  Money back guarantee”, were not substantiated and are misleading by gross exaggeration.  Also, the claims related to the product benefit read in conjunction with the advertisement visual implies that the product is meant for enhancement of sexual pleasure and the claims related to treatment of infertility, childlessness’. This is in breach of the law as it violated The Drugs & Magic Remedies Act. 

    Japani Instrument: The advertisement’s claims (in Hindi), as translated into English, “Are you disappointed with a small penis?  Get Japanese penis enlargement instrument free.  As soon as you use Japanese penis enlargement instrument you can make your penis longer, thicker, weak topo firm and stronger. Increase your sex time from 30 to 45 minutes. Nightfall, premature ejaculation, infertility, impotency, low sperm count and childlessness can be cured.  45 days course for an artificial vagina and artificial penis.  100% guarantee.  No side effects”, were not substantiated and are misleading by gross exaggeration.  Also, the claims related to the product benefit read in conjunction with the advertisement visual implies that the product is meant for enhancement of sexual pleasure and the claims related to treatment of childlessness. This is in breach of the law as it violated The Drugs & Magic Remedies Act.

    Nurture Healthcare (Ayurex-S Vitality Capsules): The advertisement’s claim (in Hindi) as translated into English, “It’s the right of every Man, to lead a happy married life”,  “For Men only”,  “Vitality Capsule”,  “If you are worried about low, excessive weakness, then consume AYUREX-S capsule and with its help, do the work successfully with the capacity and power”,  “My Wife says I am more energetic than Before”,  “In some days my married life has become exciting and happy, thanks to Ayurex-S”,  were not substantiated with product efficacy data,  and are misleading by exaggeration. Also, these claims when read in conjunction with the advertisement visual implies that the product is meant for enhancement of sexual pleasure, which is in breach of the law as it violated The Drugs & Magic Remedies Act.

    Personal care:

    Himalaya Company (Himalaya Facewash): The advertisement’s claim in Hindi, “Isme hai neem aur haldi ki kudrati achchai Jo aapko har tarah ki skin problems se suraksha de” (“This has the goodness of neem and haldi that gives you protection from every skin problems”) was not substantiated with product efficacy data, and the claim is misleading by exaggeration.

    Gillette India Ltd. (Gillette Vector): The advertisement’s claim offers, “Save Rs. 30/- in comparison to Vector 2s pack”, is misleading by omission of a disclaimer to mention the exact price comparison with the post price increase of the product.

    Hindustan Unilever Ltd. (Axe Deodorants): The advertisement’s claim, “When it gets hot, the fragrance is boosted”, was not adequately substantiated with consumer perception data, and is misleading by implication. 

    Glaxosmithkline Consumer Healthcare Ltd. (Sensodyne Toothpaste): It was noted that the source and date of research and criteria for assessment for the claim, “Worlds No. 1 sensitivity toothpaste”, was not indicated in the TVC. In addition, the supers in the Hindi TVC were not in the same language as the audio of the TVC, they were not legible, and the hold duration of the supers was short. The TVC also contravened the ASCI Guidelines for Supers.

    Education:

    Guru Nanak Institute of Management: The advertisement’s claims, “Highest Salary Package: 8 Lakhs” and “Average Salary Package: 4.5 lakhs”, were not substantiated with evidence to prove that the students have availed the claimed salary packages, and the claims are considered to be misleading by exaggeration.

    Dhruva College of Management: The claims in the advertisement, “Highest Salary Package: 8 Lakhs” and “Average Salary Package: 4.5 lakhs”, were not substantiated and was misleading.

    Biju Patnaik Institute of Information Technology & Management Studies: The claims in the advertisement, “Placement Percentage- 2013: 95%, 2014: 96%, 2015: 97%”, were not substantiated with authentic supporting data (such as detailed list of students who have been placed through their Institute, contact details of students for verification, enrolment forms and appointment letters received by the students).  Also, the claims are considered to be misleading by omission of the details of batch size for which the claim would hold.

  • ASCI upholds complaints against 134 advertisements

    ASCI upholds complaints against 134 advertisements

    MUMBAI: ASCI has upheld complaints against 134 advertisements. In July 2016, ASCI’s Consumer Complaints Council (CCC) upheld complaints against 134 out of 183 advertisements. Out of which, 44 belonged to the Healthcare category, 44 to the Education category, followed by 24 in the Food & Beverages category, 8 in Personal Care Category and 14 advertisements from other categories.

    Here is the complete list:

    Food & Beverages:

    Bonn Nutrients (Bonn Nu Health Bread):  The advertisement’s claim (in Hindi) as translated into English, “With calories low as 40 cal/slice” was not substantiated and was misleading by implication.

    Sonia Honey:  The claims in the advertisement “Sonia Honey scored the highest on the main parameters of honey purity in a recent analysis of all Indian branded and unbranded honey” and “Sonia Honey The perfect natural Sweetner is: Anti-Aging, Anti- Cancer”, were not substantiated and are misleading.

    KP Group (Kamla Pasand Pan Masala): The advertisement features Rajneesh Duggal – a celebrity from the field of entertainment for a product which has a health warning “Pan Masala is injurious to health” and which cannot be purchased or used by minors. Minors are very likely to be exposed to the advertisement. The celebrity in the advertisement would have a significant influence on minors who are likely to emulate the celebrity in using the product. The advertisement contravened Chapter III.2 (e) of the ASCI Code, which specifically states that Advertisements “Should not feature personalities from the field of sports and entertainment for products which, by law, require a health warning such as “Panmasala is injurious to health” in their advertising or packaging.”

    G. K. Tobacco Co. Pvt. Ltd. (Zafri Pan Masala): The visual of a “women pillion rider without a helmet” as depicted in the advertisement of Zafri Pan Masala shows violation of traffic rules and also is an unsafe practice.

    Health care:

    American Instrument: The Advertisement’s claims (in Hindi), as translated into English, “Are you disappointed with a small penis.  American penis enlarger free.  Get rid of small, thin crooked penis and make it thick, hard and firm.  Improve your sperm count, infertility, premature ejaculation, firmness, nightfall, childlessness can be cured and increase your sex time by 30-45 minutes with energetic oil, excitement capsule, 16GB memory card free.  Money back guarantee”, were not substantiated and are misleading by gross exaggeration.  Also, the claims related to the product benefit read in conjunction with the advertisement visual implies that the product is meant for enhancement of sexual pleasure and the claims related to treatment of infertility, childlessness’. This is in breach of the law as it violated The Drugs & Magic Remedies Act. 

    Japani Instrument: The advertisement’s claims (in Hindi), as translated into English, “Are you disappointed with a small penis?  Get Japanese penis enlargement instrument free.  As soon as you use Japanese penis enlargement instrument you can make your penis longer, thicker, weak topo firm and stronger. Increase your sex time from 30 to 45 minutes. Nightfall, premature ejaculation, infertility, impotency, low sperm count and childlessness can be cured.  45 days course for an artificial vagina and artificial penis.  100% guarantee.  No side effects”, were not substantiated and are misleading by gross exaggeration.  Also, the claims related to the product benefit read in conjunction with the advertisement visual implies that the product is meant for enhancement of sexual pleasure and the claims related to treatment of childlessness. This is in breach of the law as it violated The Drugs & Magic Remedies Act.

    Nurture Healthcare (Ayurex-S Vitality Capsules): The advertisement’s claim (in Hindi) as translated into English, “It’s the right of every Man, to lead a happy married life”,  “For Men only”,  “Vitality Capsule”,  “If you are worried about low, excessive weakness, then consume AYUREX-S capsule and with its help, do the work successfully with the capacity and power”,  “My Wife says I am more energetic than Before”,  “In some days my married life has become exciting and happy, thanks to Ayurex-S”,  were not substantiated with product efficacy data,  and are misleading by exaggeration. Also, these claims when read in conjunction with the advertisement visual implies that the product is meant for enhancement of sexual pleasure, which is in breach of the law as it violated The Drugs & Magic Remedies Act.

    Personal care:

    Himalaya Company (Himalaya Facewash): The advertisement’s claim in Hindi, “Isme hai neem aur haldi ki kudrati achchai Jo aapko har tarah ki skin problems se suraksha de” (“This has the goodness of neem and haldi that gives you protection from every skin problems”) was not substantiated with product efficacy data, and the claim is misleading by exaggeration.

    Gillette India Ltd. (Gillette Vector): The advertisement’s claim offers, “Save Rs. 30/- in comparison to Vector 2s pack”, is misleading by omission of a disclaimer to mention the exact price comparison with the post price increase of the product.

    Hindustan Unilever Ltd. (Axe Deodorants): The advertisement’s claim, “When it gets hot, the fragrance is boosted”, was not adequately substantiated with consumer perception data, and is misleading by implication. 

    Glaxosmithkline Consumer Healthcare Ltd. (Sensodyne Toothpaste): It was noted that the source and date of research and criteria for assessment for the claim, “Worlds No. 1 sensitivity toothpaste”, was not indicated in the TVC. In addition, the supers in the Hindi TVC were not in the same language as the audio of the TVC, they were not legible, and the hold duration of the supers was short. The TVC also contravened the ASCI Guidelines for Supers.

    Education:

    Guru Nanak Institute of Management: The advertisement’s claims, “Highest Salary Package: 8 Lakhs” and “Average Salary Package: 4.5 lakhs”, were not substantiated with evidence to prove that the students have availed the claimed salary packages, and the claims are considered to be misleading by exaggeration.

    Dhruva College of Management: The claims in the advertisement, “Highest Salary Package: 8 Lakhs” and “Average Salary Package: 4.5 lakhs”, were not substantiated and was misleading.

    Biju Patnaik Institute of Information Technology & Management Studies: The claims in the advertisement, “Placement Percentage- 2013: 95%, 2014: 96%, 2015: 97%”, were not substantiated with authentic supporting data (such as detailed list of students who have been placed through their Institute, contact details of students for verification, enrolment forms and appointment letters received by the students).  Also, the claims are considered to be misleading by omission of the details of batch size for which the claim would hold.

  • ASCI upheld complaints against 62 out of 97 ads in Dec

    ASCI upheld complaints against 62 out of 97 ads in Dec

    MUMBAI: In December 2014, the Advertising Standard Council of India’s (ASCI) Consumer Complaints Council (CCC) upheld complaints against 62 out of 97 advertisements.

    Out of 62 advertisements against which complaints were upheld, 40 belonged to personal and healthcare category, followed by the education category with 11 advertisements.

    The CCC found the following claims in health and personal care product or service advertisements of 40 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 Procter & Gamble Home Products (Pantene Total Damage Care Shampoo & Conditioner) as the advertisement of Pantene Total Damage Care Shampoo & Conditioner claims that 3,50,00,000 women got the proof of Pantene’s Split-end protection. The figure of repeat usage of 3,50,00,000 users substantiated by the survey does not prove that the users actually got the proof of Pantene’s split-end reduction.

    Similarly, the ad of Super Height claims to be the best medicine, which increases height speedily, with two times faster results than usual. They claim to be an ayurvedic medicine made completely of herbs, to increase one’s height by up to five inches in three months, with full money refunded if no benefits are found. It also claims to be the “World’s No.1 product which increases height with speed now in India after Japan, China, America and Russia.”   

    General Mills India (Pillsbury Fridge Cheesecake) advertisement of Pillsbury Fridge Cheesecake disparages a healthy diet of vegetable salads as the advertisement states “sada hua salad.”

    In the education category, CCC found following claims in the advertisements by 11 different advertisers were not   substantiated and, thus, violated ASCI guidelines for advertising of educational institutions. For instance, the advertisement of Career Launcher claimed “No.1 CAT test series program,” “Closest to CAT Test series – on the new CAT pattern,” “Best rated test series by students,” “True percentile predictor enabled test series,” “CL was also the only player to predict accurately the change in pattern and the even the likely dates!”, were not substantiated.

    Advertisements of news channels also caught CCC eye. TV18 Broadcast (CNN-IBN) ad depicts a see-saw, which has CNN-IBN at one side shown with a big number 1, out weighing all the other channels depicted with numbers 2, 3, 4 and 5 on the other side of the see-saw. The CCC concluded that the negative portrayal of image of other channels is misleading by implication and disparaging to other competitor channels. Also, the advertisement claims that News X is India’s No.1 English News Channel. The source and date of the research / assessment for the claim was not indicated in the ad.

     

  • ASCI upholds complaints against 113 out of 144 ads in Nov 2014

    ASCI upholds complaints against 113 out of 144 ads in Nov 2014

    MUMBAI: In November 2014, Advertising Standards Council of India’s (ASCI) Consumer Complaints Council (CCC) upheld complaints against 113 out of 144 advertisements.

     

    Out of 113 advertisements against which complaints were upheld, 61 belonged to personal and healthcare category, followed by the education category with 33 advertisements.

     

    The CCC found that claims in health and personal care product or service advertisements of 61 advertisers were 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 and Chapter 1.1 and III.4 of the ASCI Code.

     

    The advertisements against which complaints were upheld included the likes of Hindustan Unilever Limited, Godrej Consumer Products, Philips Electronics, The Colors Bar amongst many others.

     

    HUL’s advertisement of Lifebuoy claims to provide “10 x more germ protection” and “10 x more skin care” than any other soap which was not substantiated. Godrej Consumer Products’ advertisement of Goodknight shows “a child standing near the mosquito vaporiser”, whereas the product’s leaflet includes a precaution that the electrical liquid vapourising machine should be kept away from the reach of children. The advertisement features a dangerous practice, manifests a disregard for safety and encourages negligence. 

     

    Similarly, the advertisement of Richfeel Trichology Centre is in breach of code of medical ethics as the advertisement is soliciting patients and also mentions the names of Dr. Apoorva Shah and Dr. Ferrari, promoting the Clinic, which is in violation of the Central Council of Homeopathy Code of Ethics Regulations Clause II 6.1.

     

    The advertisement of Jimmy Health Clinic claims 100 per cent successful treatment of sexual problems such as premature ejaculation, impotency, masculine vigour, semen disease, undeveloped organ, less sperms, night fall, infertility.  It also claims to increase weight and improve health permanently. Also, the advertisement shows Dr. Zed promoting the clinic which is in violation of the Medical Council of India (MCI) Code of Medical Ethics Regulation, Clause 6.1.

     

    In the education category, the CCC found following claims in the advertisements by 33 different advertisers were not substantiated and, thus, violated ASCI guidelines. For instance, The advertisement of Bright Career Academy states “Job Assured on pursuing 3 month’s course” and “7+ Bands assured on undergoing IETLS 7 hours classes daily”, were not substantiated with supporting data.

     

    In the food and beverages category, the advertisement of Coca Cola states that it contains no fruit juice, etc. This mandatory audio in the radio spot was played too fast and was not comprehensible.  The radio spot contravened the ASCI Guidelines on Supers. This advertisement of Haldiram Prabhuji claims to offer “any 2 packs of mixtures/ bhujia for Rs 100,” which in the absence of any disclaimers, was found to be misleading.

     

    Click here to read the full report

  • BCCC directs Sony to run apology scroll on 30 Dec

    BCCC directs Sony to run apology scroll on 30 Dec

    MUMBAI: On 17 December, the Broadcasting Content Complaint Council (BCCC) had held a meeting in Mumbai to discuss the 30 – 40 complaints received against numerous channels and what action should be taken.

    One of the biggest decisions taken from it was for Sony. The channel management has been asked by the council to run an apology scroll on 30 December. The complaint was filed with regards to the display of a board promoting abortion in Madana Khurd village during an episode of Kaun Banega Crorepati (KBC) aired on 19 August.

    However, sources from BCCC said that the issue was raised against the show’s producers a couple of months back on a complaint by the Haryana Health Department. As per reports, the board read “500 rupees me garbhpaat karwao aur 5 lakh ka dahej bachao (Get the abortion done in Rs 500 and save dowry of Rs 5 lakh).”

    As per the directive, the channel has to run an apology scroll in Hindi and English during now-off-air KBC’s time slot i.e. from 8.30 pm to 9 pm on 30 December.

    Of the numerous complaints, the independent council, set up by the Indian Broadcasting Foundation (IBF) to examine complaints about television programmes received to ensure that the programmes are within the self-regulatory content guidelines, also discussed complaints against Zee TV amongst other networks as well.

    “One of the episodes of Zee’s popular programme Qubool Hai showed a woman being tortured and hence, a complaint was filed against it,” informs the source from the council while adding that an explanation has been asked from the channel and the decision on what should be done next will be taken on 20 January.

    Similarly, south India’s Asianet also received complaints against its two programmes out of which one was disposed off while the other’s decision will be taken on 20 January as well.

     

  • 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. 

     

    Click here for full report

  • TRAI issues data related to activation, deactivation and complaints of VAS

    TRAI issues data related to activation, deactivation and complaints of VAS

    MUMBAI: The Telecom Regulatory Authority of India (TRAI) has issued data related to activation, deactivation and complaints of Value Added Services (VAS) w.e.f.1 January 2014 to 30 September 2014.

     

    The regulator has taken several measures to protect the interest of consumers from time to time to prohibit activation of value added services without the explicit consent of consumers. TRAI has also issued directions which prohibit activation of value added services without the explicit consent of the consumers and also prescribed the manner in which the explicit consent is to be obtained.

     

    TRAI has also made it simpler for the customers to deactivate the VAS through a common toll- free number (155223) accessible through SMS or call across all operators. If any value added service is activated without the consent of a consumer, he may request the service provider for deactivation of such service on toll free Number 155223.

     

    Activation of VAS is continuously monitored by TRAI. The details of total Value Added Services activated, deactivated and complaints received during the year 2014 are given as per Annexure-I.

     

    The directions issued on VAS from time to time are also available on the TRAI’s website www.trai.gov.in.

  • 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.  

     

    Click here to read the full report

  • 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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