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Tag: Consumer Complaints Council

  • Battle of the boxers: ASCI dismisses Amul Macho’s complaint against Lux Cozi

    Battle of the boxers: ASCI dismisses Amul Macho’s complaint against Lux Cozi

    Mumbai: Lux Cozi has won the legal battle against Amul Macho regarding its latest advertisement starring actor Varun Dhawan. In a significant ruling, the Advertising Standards Council of India (ASCI) has overruled the complaint filed by the rival innerwear brand stating that there was no similarity between the two ads in terms of concept and executional elements.

    Earlier this month, Amul Macho had alleged that Lux Cozi had “blatantly copied” its ‘Toing’ ad from 2007 and subsequently approached Asci to intervene. However, after inspection, the industry watchdog observed that there was no resemblance in the two advertisements. Asci dismissed Amul Macho’s accusation of plagiarism against Lux Cozi as ‘baseless’.

    According to the Consumer Complaints Council (CCC), the Lux Cozi’s ad is not at all similar to Amul Macho’s earlier TVC in general layout, copy, slogans, visual presentations, music, or sound effects, so as to suggest plagiarism. The CCC further concluded that Lux’s advertisement was not in contravention of chapter four of the ASCI Code related to fairness in competition and rejected Amul Macho’s complaint.

    According to a statement issued by Lux Industries, the win reiterates Lux’s brand equity over baseless claims by Amul Macho.

    Lux industries executive director Saket Todi said the Lux Cozi advertisement is unique on individual points as well as in totality, and any semblance is fleeting and only in respect of elements commonly used in the trade, such as shape and colour of the garment. “It is now an established fact that the advertisement bears no similarity whatsoever. The complainant’s advertisement was last aired in 2007, and thereafter, banned. No reputation, goodwill, or brand equity can be vested in publicity/marketing material that has been banned to the public for the last 14 years. We respect the verdict by Asci,” he added.

  • Complaints against 789 ads upheld in Jan-March period: ASCI

    MUMBAI: The Advertising Standards Council of India (ASCI) processed 1,064 complaints against advertisements in the January-March quarter. Of these, 200 ads were withdrawn by advertisers on receiving intimation from the industry body. Of the remaining 862 that required further investigation, the self-regulatory body’s independent Consumer Complaints Council (CCC) upheld complaints against 789 advertisements.

     

    Education remains on top of the category of violations leaderboard with 337 cases, followed by healthcare with 250 cases, as per the latest complaints report released by ASCI for Q1 2021. A large number of complaints were also processed from the online gaming, food and beverages, and electronics & durables categories this quarter.

     

    The maximum number of complaints processed- 337 –from the education sector- were related to misleading claims where students were promised 100 per cent placements or of the advertiser claiming to be India’s top-ranked college/ institute.

     

    Expectedly, in healthcare, the majority of the 250 complaints against ads were mostly about fake claims of COVID cures or prevention.

     

    To make the online gaming space safer, the industry body had introduced guidelines for the e-gaming segment for Real Money Winnings last December. Subsequently, ASCI received 61 complaints mostly related to cricket gaming and rummy, including those against established brands.

     

    There were 47 complaints processed against food and beverage ads, many of them against claims around milk, milk products, bread, green tea, fish oil, as well as edible oils like sunflower.

     

    In the electronics, durable, and construction category, ASCI processed 32 complaints against ads across a range of brands, from air-conditioners to paints. The automotive category received 14 complaints, many of them related to two-wheelers as well as e-rickshaw advertisements.

     

    Complaints against 73 advertisements were not upheld as they were found to be adhering to the ASCI code.

     

    Consumer vigilance around gaming has increased after the release of related guidelines, noted ASCI secretary-general, Manisha Kapoor.

    “ASCI is working on more initiatives to ensure that advertising remains honest and decent and that consumers’ confidence in advertising is sustained. We also aim to raise consumer awareness to motivate them to report misleading claims. This would help safeguard their interests and encourage ethical advertising that benefits not just consumers but also honest advertisers”, Kapoor added.

  • ASCI releases guidelines on award referencing in ads

    ASCI releases guidelines on award referencing in ads

    MUMBAI: The Advertisement Standards Council of India (ASCI) has introduced guidelines for usage of awards/rankings in advertisements effective 1 February 2020.

    According to a press release, “Consumers are sometimes misled into believing that an award or ranking which is given to a brand, product, institute or service makes it superior and /or more authentic.”

    To ensure that their claims are not misleading, the guidelines will lend assistance to advertisers for the appropriate usage of reference to awards or rankings in advertising, the release said.

    It will also assist the advertiser to understand the rigour required for claim substantiation and pitfalls to avoid so that their claims pass the muster with ASCI’s Consumer Complaints Council (CCC).

    The council urged brands and services to ensure that the accrediting bodies involved in disseminating or presenting awards or rankings are authentic and credible to validate their claims in advertisements.

    Moreover, the guidelines are also applicable to all advertisers and would particularly be relevant for healthcare services and the educational sector which tends to use such superiority or leadership claims.

    In this regard, ASCI chairman Rohit Gupta said, “Claims such as ranking first in the state or in India, receiving an award for being the most trusted or award of excellence, listed in some book of world records etc. makes consumers believe that the product/service is recognized and trustworthy, whereas in some cases this may not be true.”

    He added, “The guidelines are a step towards ensuring that advertisers are cognizant of the serious impact of deceptive advertising and hence make responsible claims when referring to awards and rankings in their advertisements.”

    The council said, prospective students and parents easily fall prey to awards/ranking claims by institutes and coaching classes as they rely blindly on such claims. It added that a wrong choice directly impacts the quality of education and the future of children and has a financial implication.

    Citing an example of the health services sector, the council said, misleading claims about rankings and awards lure patients in choosing the service provider and could hamper patient health, quality of care received and result in financial losses.

  • Education sector had most misleading ads in Sept: ASCI

    Education sector had most misleading ads in Sept: ASCI

    MUMBAI: ASCI’s Consumer Complaints Council (CCC) has upheld complaints against 151 out of 199 advertisements in September 2016. Out of 151 advertisements against which complaints were upheld, 75 to the Education category, 39 belonged to the Healthcare category, followed by 10 in the Food & Beverages category, 8 in Personal Care Category and 19 advertisements from other categories.

    Sector wise highlights are as follows:

    EDUCATION:-

    Pratap University: The advertisement’s claims, “Ranked among Top 20 universities of India by ‘The Pioneer’”, and “Foreign University Collaboration UDG University of Montenegro Europe”, were not substantiated with supporting proof, and are misleading.

    ITM University: The advertisement’s claims, “100% Placement of MBA (Supply Chain Mgmt)”, and “Highest Placements in 1st year in central India”, were not substantiated with relevant data (such as evidence of batch size, enrolment forms, and appointment letters received by the students etc.) nor any independent audit or verification certificate. Also, the claims are misleading. The advertisement also claims, “05 Lac Highest package (CTC)” and “3.25 Lac Average package (CTC)”, were not substantiated with evidence to prove that students were offered the claimed salary packages, and also the claims are misleading.

    Sujas: The advertisement’s claims “Institute holds Record for Highest Number of Jobs Provided in Government and Private Sector”, and “100% Guarantee Employment/Job”, 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, nor any independent audit or verification certificate. Also, the claims are misleading by gross exaggeration. Also the claim, “Chance to work in a Government office in 6 Months for 10th/12th Passed Students”, was not substantiated with evidence to conclusively prove that 10th / 12th passed students were indeed offered jobs in government offices and also the claim is misleading by ambiguity.

    HEALTHCARE:-

    Cosmic Grace: The advertisement’s claims (in Hindi), “Cure prostate Cancer, Stone, Eye disease”, were not substantiated, and are misleading. Also, specific to the claims related to cure of prostate cancer, Stone, Eye disease, the advertisement is in breach of the law as it violated The Drugs & Magic Remedies Act. Also, the advertisement exploits consumers’ lack of knowledge and is likely to lead to grave or widespread disappointment in the minds of consumers. Advertiser did not produce explicit permission from the political personalities whose reference have been made in the advertisement. This tends to bring these persons into ridicule and disrepute.

    Thosh (Thosh Ion Shower): The advertisement’s claims, “Good news for those who are suffering from Asthma, Respiratory diseases & Breathing problems, Allergy, Migraine Insomnia, And those who are fed up of taking heavy medication and pills for the same. Now Negative Ion therapy has a solution”, were not substantiated, and are misleading by exaggeration.

    Nanophyto Pharmacy (UR Halt): The advertisement’s claims, “100% Natural and Scientific”, “No side effects”, Don’t Stress Just Put A Full Stop To Urinary Incontinence”, “URhalt control Naturally”, “100% natural phytomedicine.”, “No more dependence on adult diapers or surgical procedures”, “Controls urinary incontinence naturally”, “100 percent natural and scientific phytomedicine medicine derived from plants”, “Clinically evaluated formula”, “No side effects”, and “No more dependence on adult diapers and surgical procedures”, were not substantiated with clinical evidence of product efficacy, and are misleading by gross exaggeration.

    FOOD & BEVERAGES:-

    Buzz Live Foods (Pelicana DD Drinker’s Drive): The advertisement’s claims, “Pelicana DD is a beverage when added to acidic alcoholic drinks converts them into a positive health drink which reduces oxidative stress. Performs the role of a whole body stress reducer which gives freshness all over to the drinker”, were not substantiated with supporting clinical data specific to the product, and are misleading by gross exaggeration. The claim is also likely to encourage negligence among consumers regarding alcohol intake. Also the claims, “A Noble Prize winner and Tamil Scientist has invented this product after many years of research”, “Certified by World’s Leading Laboratories” and “World’s first breakthrough product”, were not substantiated with supporting proof, and are misleading by gross exaggeration.

    M.K Agrotech Private Limited (Sunpure Sunflower Oil): The advertisement’s claims, “Get the Natural Vitamins” and “Get the benefits of Vitamins in their pristine form, not to forget Natural Oryazanol”, were not substantiated with supporting technical data for the advertised product, and are misleading.

    Bhagat Marketing Corporation (Amrut Dana Dal):- The advertisement’s claim (in Gujarati), as translated into English, “To be No.1 in India”, was not substantiated with comparative data versus other similar brands in the same category, and with market share sales data, and is misleading by exaggeration.

    PERSONAL CARE:-

    J.K. Helene Curtis Limited (Park Avenue Acti-Cool Deodorant): The advertisement’s claim, “Lasting cooling effect”, was not substantiated adequately with technical data to prove how long the cooling effect stays. Also, the claim is misleading as it implies that the cooling effect is lasting for considerably long time.

    VLCC Personal Care Limited (VLCC Slimmer’s range of products): The product name and the variant name, “Slimmer’s Herbal Infusion with Green Tea” and “Slimming” respectively, are likely to mislead consumers by implication and the benefit of slimming attributable to the advertised product was not substantiated adequately.

    Johnson & Johnson Ltd (Clean & Clear Foaming face wash): The advertisement’s claims, “To give 8 hours’ oil control”, was not substantiated adequately, and is misleading by implication as the claim “control” implies maintenance of sebum level at a particular fixed value whereas, the product is demonstrating “reduction” and not “control” over the eight hour period. Also, the study indicates that even simple water has demonstrated reduction of the sebum levels at different time points.

    OTHERS:-

    Digital Radio Broadcasting Limited (Mumbai) (Redtro 106.4 FM): It was concluded that regardless of the disclaimer in the advertisement, the visual showing a boy hanging out of a moving train shows a dangerous practice without justifiable reason, manifests a disregard for safety and encourages negligence.

    Fever 104 HT Media Ltd. (Fever 104 FM): The advertisement’s claims, “Bangalore’s No.1 FM Station!” and “1 > 2+3+4+5 -FEVER 104 Bangalore has more listeners than the combined listenership of RED FM (No.2), Radio One (No.3), Radio Indigo (No.4) & Mirchi (No.5). Well there is a reason we are called the BAAP”, were not substantiated and are misleading.

    Berger Paints India Limited (Berger Express Painting): The advertisement’s claims, “You will be amazed to see how the trained painters use the hi-tech sanding machines to scrape your walls without any dust and use the automatic paining machines to paint the walls perfectly in no time.” were inadequately substantiated with supporting evidence, and are misleading.

  • Education sector had most misleading ads in Sept: ASCI

    Education sector had most misleading ads in Sept: ASCI

    MUMBAI: ASCI’s Consumer Complaints Council (CCC) has upheld complaints against 151 out of 199 advertisements in September 2016. Out of 151 advertisements against which complaints were upheld, 75 to the Education category, 39 belonged to the Healthcare category, followed by 10 in the Food & Beverages category, 8 in Personal Care Category and 19 advertisements from other categories.

    Sector wise highlights are as follows:

    EDUCATION:-

    Pratap University: The advertisement’s claims, “Ranked among Top 20 universities of India by ‘The Pioneer’”, and “Foreign University Collaboration UDG University of Montenegro Europe”, were not substantiated with supporting proof, and are misleading.

    ITM University: The advertisement’s claims, “100% Placement of MBA (Supply Chain Mgmt)”, and “Highest Placements in 1st year in central India”, were not substantiated with relevant data (such as evidence of batch size, enrolment forms, and appointment letters received by the students etc.) nor any independent audit or verification certificate. Also, the claims are misleading. The advertisement also claims, “05 Lac Highest package (CTC)” and “3.25 Lac Average package (CTC)”, were not substantiated with evidence to prove that students were offered the claimed salary packages, and also the claims are misleading.

    Sujas: The advertisement’s claims “Institute holds Record for Highest Number of Jobs Provided in Government and Private Sector”, and “100% Guarantee Employment/Job”, 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, nor any independent audit or verification certificate. Also, the claims are misleading by gross exaggeration. Also the claim, “Chance to work in a Government office in 6 Months for 10th/12th Passed Students”, was not substantiated with evidence to conclusively prove that 10th / 12th passed students were indeed offered jobs in government offices and also the claim is misleading by ambiguity.

    HEALTHCARE:-

    Cosmic Grace: The advertisement’s claims (in Hindi), “Cure prostate Cancer, Stone, Eye disease”, were not substantiated, and are misleading. Also, specific to the claims related to cure of prostate cancer, Stone, Eye disease, the advertisement is in breach of the law as it violated The Drugs & Magic Remedies Act. Also, the advertisement exploits consumers’ lack of knowledge and is likely to lead to grave or widespread disappointment in the minds of consumers. Advertiser did not produce explicit permission from the political personalities whose reference have been made in the advertisement. This tends to bring these persons into ridicule and disrepute.

    Thosh (Thosh Ion Shower): The advertisement’s claims, “Good news for those who are suffering from Asthma, Respiratory diseases & Breathing problems, Allergy, Migraine Insomnia, And those who are fed up of taking heavy medication and pills for the same. Now Negative Ion therapy has a solution”, were not substantiated, and are misleading by exaggeration.

    Nanophyto Pharmacy (UR Halt): The advertisement’s claims, “100% Natural and Scientific”, “No side effects”, Don’t Stress Just Put A Full Stop To Urinary Incontinence”, “URhalt control Naturally”, “100% natural phytomedicine.”, “No more dependence on adult diapers or surgical procedures”, “Controls urinary incontinence naturally”, “100 percent natural and scientific phytomedicine medicine derived from plants”, “Clinically evaluated formula”, “No side effects”, and “No more dependence on adult diapers and surgical procedures”, were not substantiated with clinical evidence of product efficacy, and are misleading by gross exaggeration.

    FOOD & BEVERAGES:-

    Buzz Live Foods (Pelicana DD Drinker’s Drive): The advertisement’s claims, “Pelicana DD is a beverage when added to acidic alcoholic drinks converts them into a positive health drink which reduces oxidative stress. Performs the role of a whole body stress reducer which gives freshness all over to the drinker”, were not substantiated with supporting clinical data specific to the product, and are misleading by gross exaggeration. The claim is also likely to encourage negligence among consumers regarding alcohol intake. Also the claims, “A Noble Prize winner and Tamil Scientist has invented this product after many years of research”, “Certified by World’s Leading Laboratories” and “World’s first breakthrough product”, were not substantiated with supporting proof, and are misleading by gross exaggeration.

    M.K Agrotech Private Limited (Sunpure Sunflower Oil): The advertisement’s claims, “Get the Natural Vitamins” and “Get the benefits of Vitamins in their pristine form, not to forget Natural Oryazanol”, were not substantiated with supporting technical data for the advertised product, and are misleading.

    Bhagat Marketing Corporation (Amrut Dana Dal):- The advertisement’s claim (in Gujarati), as translated into English, “To be No.1 in India”, was not substantiated with comparative data versus other similar brands in the same category, and with market share sales data, and is misleading by exaggeration.

    PERSONAL CARE:-

    J.K. Helene Curtis Limited (Park Avenue Acti-Cool Deodorant): The advertisement’s claim, “Lasting cooling effect”, was not substantiated adequately with technical data to prove how long the cooling effect stays. Also, the claim is misleading as it implies that the cooling effect is lasting for considerably long time.

    VLCC Personal Care Limited (VLCC Slimmer’s range of products): The product name and the variant name, “Slimmer’s Herbal Infusion with Green Tea” and “Slimming” respectively, are likely to mislead consumers by implication and the benefit of slimming attributable to the advertised product was not substantiated adequately.

    Johnson & Johnson Ltd (Clean & Clear Foaming face wash): The advertisement’s claims, “To give 8 hours’ oil control”, was not substantiated adequately, and is misleading by implication as the claim “control” implies maintenance of sebum level at a particular fixed value whereas, the product is demonstrating “reduction” and not “control” over the eight hour period. Also, the study indicates that even simple water has demonstrated reduction of the sebum levels at different time points.

    OTHERS:-

    Digital Radio Broadcasting Limited (Mumbai) (Redtro 106.4 FM): It was concluded that regardless of the disclaimer in the advertisement, the visual showing a boy hanging out of a moving train shows a dangerous practice without justifiable reason, manifests a disregard for safety and encourages negligence.

    Fever 104 HT Media Ltd. (Fever 104 FM): The advertisement’s claims, “Bangalore’s No.1 FM Station!” and “1 > 2+3+4+5 -FEVER 104 Bangalore has more listeners than the combined listenership of RED FM (No.2), Radio One (No.3), Radio Indigo (No.4) & Mirchi (No.5). Well there is a reason we are called the BAAP”, were not substantiated and are misleading.

    Berger Paints India Limited (Berger Express Painting): The advertisement’s claims, “You will be amazed to see how the trained painters use the hi-tech sanding machines to scrape your walls without any dust and use the automatic paining machines to paint the walls perfectly in no time.” were inadequately substantiated with supporting evidence, and are misleading.

  • 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 got 1000+ complaints against misleading advertising for Department of Consumer Affairs

    ASCI got 1000+ complaints against misleading advertising for Department of Consumer Affairs

    MUMBAI: Last year, the Department of Consumer Affairs (DoCA) had appointed the Advertising Standards Council of India (ASCI) to monitor web portal www.gama.gov.in – GAMA being an acronym for “Grievances Against Misleading Advertisements”. 

    GAMA was launched on 18 March 2015 and has received over 1000 complaints till date. ASCI claims that all GAMA complaints have been diligently processed it in a media release. A majority of these complaints came from individual consumers as well as few consumer organizations like the Consumer Education and Research Centre (CERC). The portal received complaints against advertisements of products and services from almost all sectors (telecom, banking, consumer durables, etc. and emerging sectors like e-Commerce) across a range of advertising media (TV, print, web-sites, other digital mediums, etc.). Some of the well-known brands’ advertisements which were complained against were processed by ASCI via GAMA portal and the complaints were upheld by the Consumer Complaints Council (CCC). In all those cases the advertisers either withdrew the advertisements or modified them as appropriate within the stipulated period and compliance to the CCC decisions was assured.

    Commenting on the success of GAMA portal, Department of Consumer Affairs secretary C.Viswanath said, “The problem of misleading advertisements is extensive and needs immediate attention. Launch of the GAMA portal is helping us to accomplish the vision we have towards protecting consumers’ interest. The need for the government and a self-regulatory body like ASCI to work together to provide effective and timely grievance redressal to consumers is key to tackle the issue. This model successfully demonstrates “More governance and less government.”

    Speaking on behalf of ASCI, its chairman Benoy Roychowdhury added, “ASCI was entrusted with the responsibility of GAMA complaints processing. I am very happy that ASCI has been able to speedily address all 1000 plus complaints received till date. This co-regulation initiative between the government and ASCI, has further enhanced effectiveness of protecting consumers from advertisements which could be making misleading, false or unsubstantiated claims. We wish GAMA, entering its second year, greater success.”

    The complaints of misleading advertisements received on GAMA portal, are handled in a three tier system. First complaints are processed by ASCI, the second level of escalation in case of non-compliance to a sub-committee headed by the joint secretary DoCA, under Inter Ministerial Monitoring Committee (IMMC) and in the end, the concerned regulator empowered by law to take action in case of persistent offenders.

  • ASCI got 1000+ complaints against misleading advertising for Department of Consumer Affairs

    ASCI got 1000+ complaints against misleading advertising for Department of Consumer Affairs

    MUMBAI: Last year, the Department of Consumer Affairs (DoCA) had appointed the Advertising Standards Council of India (ASCI) to monitor web portal www.gama.gov.in – GAMA being an acronym for “Grievances Against Misleading Advertisements”. 

    GAMA was launched on 18 March 2015 and has received over 1000 complaints till date. ASCI claims that all GAMA complaints have been diligently processed it in a media release. A majority of these complaints came from individual consumers as well as few consumer organizations like the Consumer Education and Research Centre (CERC). The portal received complaints against advertisements of products and services from almost all sectors (telecom, banking, consumer durables, etc. and emerging sectors like e-Commerce) across a range of advertising media (TV, print, web-sites, other digital mediums, etc.). Some of the well-known brands’ advertisements which were complained against were processed by ASCI via GAMA portal and the complaints were upheld by the Consumer Complaints Council (CCC). In all those cases the advertisers either withdrew the advertisements or modified them as appropriate within the stipulated period and compliance to the CCC decisions was assured.

    Commenting on the success of GAMA portal, Department of Consumer Affairs secretary C.Viswanath said, “The problem of misleading advertisements is extensive and needs immediate attention. Launch of the GAMA portal is helping us to accomplish the vision we have towards protecting consumers’ interest. The need for the government and a self-regulatory body like ASCI to work together to provide effective and timely grievance redressal to consumers is key to tackle the issue. This model successfully demonstrates “More governance and less government.”

    Speaking on behalf of ASCI, its chairman Benoy Roychowdhury added, “ASCI was entrusted with the responsibility of GAMA complaints processing. I am very happy that ASCI has been able to speedily address all 1000 plus complaints received till date. This co-regulation initiative between the government and ASCI, has further enhanced effectiveness of protecting consumers from advertisements which could be making misleading, false or unsubstantiated claims. We wish GAMA, entering its second year, greater success.”

    The complaints of misleading advertisements received on GAMA portal, are handled in a three tier system. First complaints are processed by ASCI, the second level of escalation in case of non-compliance to a sub-committee headed by the joint secretary DoCA, under Inter Ministerial Monitoring Committee (IMMC) and in the end, the concerned regulator empowered by law to take action in case of persistent offenders.

  • Pan Masala ads featuring celebrities violate ASCI’s code

    Pan Masala ads featuring celebrities violate ASCI’s code

    MUMBAI: Continuing with the mission to address misleading, vulgar, hazardous and unfair advertisements, the Advertising Standards Council of India (ASCI) is set to investigate advertisements by ‘Pan Masala’ brands featuring celebrities as they violate ASCI’s code of self-regulation in advertising content.

     

    This comes in the wake of the recent appeal by the Health Department of Delhi Government, to not have celebrities appear in such products’ ads.

     

    ASCI secretary general Shweta Purandare said, “At this juncture, we would like to educate the consumers and the advertisers that while products like Pan Masala and Supari are not banned for sale or from advertising by law, the ASCI code does not permit the use of celebrities in advertisements of products, which by law require health warning on its pack or cannot be purchased or used by minors. Complaints against such advertisements have been received by ASCI and are being looked into. ASCI will approach the concerned advertisers to take necessary corrective action post decision by our Consumer Complaints Council.”

     

    According to the Food Safety and Standards Authority of India (FSSAI) Rules and Regulation, statutory warnings like ‘Chewing of Pan Masala / Supari is injurious to health’ are mandatory to be printed on the pack as well as for the advertisements. It has been observed that a large number of Pan Masala brands are in potential contravention of the advertising codes under ASCI’s Chapter III (to safeguard against the indiscriminate use of advertising in situations or of the promotion of products, which are regarded as hazardous or harmful to society or to individuals, particularly minors, to a degree or of a type, which is unacceptable to society at large). More specifically, Clause 2 (e) under Chapter III states: advertisements should not feature personalities from the field of sports, music and cinema for products which, by law, either require a health warning in their advertising or cannot be purchased by minors.