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Tag: Consumer Complaints Council

  • 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.

  • ASCI upholds 54 complaints against various advertisers

    ASCI upholds 54 complaints against various advertisers

    MUMBAI: In September 2015, ASCI’s Consumer Complaints Council (CCC) upheld complaints against 54 out of 84 advertisements.

     

    Out of those 54, 13 belonged to the Personal and Healthcare category, followed by seven advertisements each in the Education and telecommunication and broadband categories, six in the e-commerce category and 15 advertisements from other categories.

     

    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.

     

    In the education sector, the CCC found that claims in the advertisements by seven advertisers were not substantiated and violated ASCI Guidelines for Advertising of Educational Institutions. Hence complaints against these advertisements were upheld.

     

    Click here to read the full report.

  • ASCI upheld complaints against 87 out of 117 advertisements

    ASCI upheld complaints against 87 out of 117 advertisements

    MUMBAI: In August 2015, ASCI’s Consumer Complaints Council (CCC) upheld complaints against 87 out of 117 advertisements.

     

    Out of the advertisements related complaints received, 37 belonged to the personal and healthcare category, followed by 41  in education and nine  from other categories.

     

    In health and personal care 37 advertisers were found either misleading, false or not adequately substantiated and hence violating ASCI’s code. LG Electronics India, Hindustan Unilever, L’Oreal India, Lotus Herbals and VLCC Ltd were among them.

     

    The CCC found that claims made by 41 advertisers in the education category were not substantiated which violates ASCI Guidelines for Advertising of Educational Institutions. Therefore the complaints were upheld.

     

    The advertisements against which complaints were upheld included HSIL Limited, Bharti Airtel, Amazon Kindle, Corona Plus Industries, Carlsberg India and 3M India Limited amongst others.

     

    Health and personal care:

     

    The CCC found the following claims in health and personal care product or service advertisements of 37advertisers 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 against the following advertisements were UPHELD.

     

      1.LG Electronics India Pvt. Ltd.  (LG Water Purifiers): The advertisement of LG Water Purifiers claims, “India’s only true water purifier” which was not adequately substantiated.

     

      2. Hindustan Unilever Ltd. (PureitUltima):The TVC of PureitUltima claims, “PureitUltima RO+UV. Sirf is meinhai Purity Indicator josaafsaafdikhatahaikipaanikitna pure hai”, which was false and misleading. Furthermore, the Print advertisement and Website claims, “PureitUltima with Purity Indicator. Purity you can see!” was misleading by implication.

     

      3.L’Oreal India Private Limited (L’Oreal Fall Repair):  The claims in the advertisement, “Its   triple action arginine nourisheshair from its roots, it reduces breakage, hair grow stronger” and “Save up to 2000 hair strands”, were inadequately substantiated and were misleading by ambiguity.

     

      4.Lotus Herbals Limited (Lotus Herbals Youth RX): The claims in the advertisement, “A firmer and younger skin in just seven days” and “In four weeks 96 percent of users have agreed that effects of ageing are almost gone”, were inadequately substantiated.

     

      5.VLCC Ltd Healthcare: The claims in the advertisement, “Listen to your DNA for weightloss. Presenting for the first time VLCC DNA Slim a scientific weight loss solution based on your DNA”, “Running 4KM daily helped your colleague Lose weight. But may only make you lose your cool” and “Lose four kilograms or get your money back”, were considered to be misleading by exaggeration and implication.

     

      6.Sanzyme Ltd (Nutrus Slim Tea): The claims in the advertisement, “Slim”, and “Green Tea reduces the risk of Diabetes and Cancer”, were not substantiated with clinical evidence.

     

      7.Dr. Amit Sharma: The claim in the advertisement, “Completely cure HIV AIDS and any kind of cancer through Ayurveda treatment”, was not substantiated.  Also, specific to the claim related to complete cure of Cancer, the TVC is in breach of the law as it violated The Drugs & Magic Remedies Act.

     

      8.Yogis Ayurveda: The claims in the advertisement, “Since 1944 Worldwide Safe & Successful Ayurvedic Herbal Treatment for Every one – Height increase” and “Takat Da TohfaKesar- Gold Course for newly married couples”, were not substantiated.  Also, specific to the claim related to height increase and for claims implying enhancement of sexual pleasure, the advertisement is in breach of the law as it violated The Drugs & Magic Remedies Act.

     

      9.ParthvimedaGauUtpadPvt Ltd. (Pathmeda Products): The claims in the advertisement, “Consume Pathmedagomutra ark regularly to get protected from the incurable diseases like obesity, Diabetes, Heart Diseases and Cancer”, were not substantiated.  Also, specific to the claims implying prevention of obesity, Diabetes, Heart Diseases and Cancer, the advertisement is in breach of the law as it violated The Drugs & Magic Remedies Act.

     

      10.Shreeji Herbal Products: The claims in the advertisement, “Shreeji Herbal Products – Stops hair fall in 24 hours – Money back if no results are seen – 100% result on damage caused due to medicines of thyroid – Makes skin whiter in 20 days”, were not substantiated. 

     

      11.Shree BaidyanathAyurvedBhawanPvt Ltd (BaidyanathMedoharGuggulu): The diagrammatic representations of before and after images shown in the advertisement and on the product pack were found to be misleading by exaggeration.

     

      12.Vaidic Clinic: The claims in the advertisement, “100% Ayurvedic Treatment by advanced technique – Premature Ejaculation – Night fall – Problem in penis – Impotency – Sexual weakness – Skin diseases – Arthritis – Female diseases – Piles – Obesity”, were not substantiated. Specific to the claims related to treatment of sexual impotency, Obesity, the advertisement is in Breach of the law as it violated The Drugs & Magic Remedies Act.   Also, specific to the claims related to treatment for Piles, the advertisement is in breach of the law as it violated Schedule J of The Drugs and Cosmetic Act, 1940 and Rules, 1945. The headline in the advertisement, “100% Ayurvedic Treatment by advanced technique”, was considered to be misleading.

     

      13.Hair Doc Trichology Hair Clinic: The claims in the advertisement which states, “Complete Baldness Treatment”, “White Hair Control”, “Specialized HDHT+ for 100% natural hair growth”, “Awarded with Keshratna”, “Stop Hair loss” and “Advanced Non-Surgical Mesotechnology for Hair Loss Control”, were not substantiated.  The visuals of before and after the treatment were misleading.  Specific to the claims related to complete baldness treatment (a condition referred in Schedule J of the Drugs and Cosmetics Act) is in breach of the law as it violated The Drugs & Cosmetics Rule 106.

     

      14.RV New Visions Healthcare Pvt Ltd: The advertisement states, “After research by Dr. Manju Ray of Kolkata (a reputed scientist of Bose Institute and felicitated by Government of India), the effectiveness of this treatment M.G. (Methy/Glyoxal) has been proved, which was successfully tested at Kolkata as well as at the Chinchwad based hospital of Lokamanya Group of Hospitals. This medicine works very well as complementary to the regular cancer medicines; and treats it”, “Suitable for preventing regrowth of cancer tumor after removing it with surgery”, “It acts as a complementary while starting radiation or chemotherapy, making it more beneficial and helpful in preventing its side effects”, “Starting this treatment immediately is effective when radiation or chemotherapy is not possible”, were not substantiated. Also, specific to the claims for Cancer prevention, the advertisement is in breach of the law as it violated The Drugs & Magic Remedies Act.

     

      15.Nityanand Herbals (DiaNitya): The claims in the advertisement, “Miracle in the world DiaNitya – For Diabetes – Instant relief – Made from traditional natural herbs – Helps in reactivating the beta cells – Helps in high consumption of glucose by cells – Works as insulin – No Side effects”,  “Our aim to make the world diabetes free”,  were not substantiated. Also, specific to the claims implying cure for Diabetes, the advertisement is in breach of the law as it violated The Drugs & Magic Remedies Act.

     

      16.AsthaAyurved: The claims in the advertisement, “Successful treatment of nil sperms/ less sperms, impotency, premature ejaculation, less stress, looseness, nightfall, semen in urine, less desire of sex, etc. Ovarian/Uterus clot, blocked ovary tube, irregular periods, leucorrhoea/ white discharge, lack of desire in women by ayurvedic technique”, were not substantiated. Also, specific to the claims related to successful treatment for sexual impotency, the advertisement is in breach of the law as it violated The Drugs & Magic Remedies Act.

     

      17.Mardana Josh Range of Products: The advertisement’s claims, “Mardana Josh Herbal Majun& Capsule – Increases masculine energy, provides stoppage, increases stimulation and potential, stops premature ejaculation, successful in curing physical weakness”, were not substantiated.  Also, the advertisement claims 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.

     

      18.Dilco Slimming Capsule: The claims in the advertisement, “Dilco Slimming Capsule – Get rid of obesity, immediately – Reduce obesity – Reduce fat – Increase energy – Without any side effect – Without operation – Without crash dieting – Without yoga – Without any exercise”, “Now Obesity, will never trouble you”, “Obesity gets over with Dilco Slimming”, “We have brought a natural and easy way to reduce weight”, “Dilco Slimming melts your fat like wax”, were not substantiated.  The visuals of before and after the treatment were misleading.  Also, specific to the claims related to cure / prevention of Obesity, the advertisement is in breach of the law as it violated The Drugs & Magic Remedies Act.

     

      19.SMG Healthcare  (Sugar Haran Kit): The claims in the advertisement, “Sugar Haran- For relief in sugar control, continue with your healthy life style, regular medicines, exercises, nutritious and balanced diet and take only ten drops of Sugar Haran per day”, were not substantiated.

     

      20.Weitrex Forte Capsule & Drops: The claims in the advertisement, “Weitrex Forte Capsule & Drops – Reduce Obesity”, “No Dieting” and “No Side Effects with pure ayurvedic treatment”, were not substantiated.

     

      21.Kiran Homeopathic Clinic: The claims in the advertisement, “Successful treatment of piles, stones, premature ejaculation in men, masturbation, weakness & impotency”, were not substantiated. Specific to the claims related to successful treatment for Piles, the Ad is in breach of the law as it violated Schedule J of The Drugs and Cosmetic Act, 1940 and Rules, 1945.

     

      22.Sultan Forte: The claims in the advertisement, “Sultan Forte – For the lost energy, passion and stoppage in men/women – Beneficial in nightfall, bad nerves, erectile dysfunction, nil sperms & all kinds of sexual problems”, were not substantiated.  Also, the advertisement claims read in conjunction with the pack 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.

     

      23.Ramban Liquid: The claims in the advertisement, “Get Rid of Drinking – Use Ramban Herbal Liquid Medicine by Vedban Delhi. A person stops drinking forever by using this medicine”, were not substantiated. 

     

      24.NirogAyurvedic Center: The advertisement’s claims, “Treatment for Paralysis now completely possible in Himachal – Patients of Stroke, Non-functioning of legs, hands and tongue, facial muscle drop, loss of control over  urine & stool discharge and other dangerous initial  symptoms of paralysis like: stumbling, shocks, skin crawling, heaviness, numbness etc., can now be saved from paralysis by treating them with Ayurvedic Medicine developed by N.A.C”,  “This medicine removes the dead blood cells and smoothens the blood circulations. It saves from being paralysed by curing the weakened cells after attack”, “This medicine has no side effects and can be consumed with Allopathic Medicines. Clear improvement can be seen within few hours in new patients and within few days in case of old patients by this medicine” and “Epilepsy: Special medicine for all types of brain attacks, frothing in mouth, crooked neck, becoming moony, tongue not working, tremors, weakness of brain by balancing the cells and cures attacks. With the help of this English medicines stop slowly and gradually”, were not substantiated. Also, specific to the claims related to treatment/cure for Paralysis and Epilepsy, the advertisement is in breach of the law as it violated The Drugs & Magic Remedies Act.

     

      25.Laborate Pharmaceuticals India Limited (PathriNashak Range of Products): The advertisement’s claims, “Helpful in problems of all kinds of stone”, “Helps in dissolving stone by making it small and by which stone gets removed by the way of urine”,  “Helps in stopping the formation of stone and increases the functioning of kidney”,  “Beneficial in curing all types of urine disorders, inflammations in urine etc”, were not substantiated with clinical data to justify this particular composition for this proprietary product to provide the specific benefits as claimed.

     

      26.Claris Lifesciences limited: The claim in the advertisement, “Industry best in Healthcare” is false as it is ranked #2. The advertisement does not have a disclaimer qualifying the source and date of research for the claim made in the advertisement.

     

      27.Cure Sight Laser Centre: The claims in the advertisement, “Wavelight EX-500 which is US FDA approved and can remove one eye number in just 1.4 second”, were not substantiated.

     

      28.DharampalSatyapal Ltd. (Rajnigandha Pan Masala): The disclaimer in the TVC of Rajnigandha Pan Masala is not legible and contravened the ASCI Guidelines for Supers.

     

      29.Hindustan Unilever Ltd. (Fair & Lovely Men’s Fairness): The visual of “a model in the jeep without wearing seat belt” as depicted in the TVC of Fair and Lovely Men’s Fairness shows an unsafe practice. 

     

      30.BSY Noni India (BSY Noni Black Hair Magic): The claims in the advertisement, “No more chemicals”, “No more bye (black)”, “Used confidently by people in over 28 countries across the World”, “Just ten minutes”, were not substantiated. 

     

      31.Alaska Water Marketing (Amazing Water): The claims in the advertisement, “First Time in India”and “Amazing Water – Anti-Oxidant – Anti-Ageing – 7 X Faster Hydration – Increase Performance & Energy – Enhanced Electrolyzed Alkaline Functional Water – More PH More Healthy”, were not substantiated.

     

      32.Berry’s Skin Care Clinic: The claim in the advertisement, “White spots (Leukoderma), Psoriasis – Product awarded with Indira Gandhi award”, was not substantiated with authentic support data. The advertisement further claims the product to be the only Ayurvedic formula which gives 100% results. They further claim, “Cure completely from its roots”, “No chances for reoccurrence”, “No need to consume medicines for years”, were not substantiated. In addition to these claims, “Certified by Government of Dubai”, was not substantiated with authentic support data. Also, specific to the claims related to complete cure of White Spots, the advertisement is in breach of the law as it violated The Drugs & Magic Remedies Act.

     

      33.Abdan Pharmacare Private Limited: The claim in the advertisement, “Abdan Hair Tonic – Stops hair fall – Stop balding – Increases memory by dendrite cells”, was not substantiated with proof of efficacy. 

     

      34.Torque Pharmaceuticals (U B Fair): It was concluded that the name “U-B Fair” does not have FDA approval nor is it stated on the product licence.  The name of the product itself presents it as a Fairness product (U-B Fair) and along with the claims in body copy of various advertisements, promotes its use for several cosmetic benefits. The product contains topical steroids which are potentially dangerous when used over a prolonged period. Thus, the name of the product “UB Fair” and information provided in the advertisement was found to encourage its unsafe use. It was also concluded that the advertisement is misleading and is likely to exploit the lack of knowledge among consumers. In additions, specific to the reference of this “drug product” for fairness claim, the advertisement is in violation of Schedule J clause 18 of the Drugs and Cosmetics Act.

     

      35.Vishal Personal Care Pvt Ltd (Banjaras Hair Oil): The claim in the advertisement, “Banjara’sSamvridhi Hair Oil with Ayurvedic herbs and oils that gives upto eight centimetre of hair growth in just eight weeks”, was not substantiated adequately and was misleading by ambiguity.

     

      36.Johnson & Johnson Ltd (Aveeno Active Naturals): The claims mentioned on the pack and as cited in the complaint, state “Aveeno Active Naturals are ingredients derived from nature” for the declared active ingredient on the pack “Dimethicone” which is not considered to be natural was false and not substantiated.

     

      37.Rafael Medicare Centre: The advertisement’s claim, “An option beyond Bypass & Stents EECP Treatment”, is misleading since the indications for this treatment are limited. The advertisement also claims, “Safest, USA- FDA Approved Treatment for Chest Pain (Angina) & Heart Failure”, which was not substantiated.

     

    Education

     

    The CCC found that claims in the advertisements by 41 advertisers were not substantiated and, thus, violated ASCI Guidelines for Advertising of Educational Institutions. Hence complaints against these advertisements were UPHELD.

     

      1.Personaliteez: The advertisement’s claim, “Making 2 lakhs per weekend”, was not substantiated. 

     

      2.Peoples Empowerment Group – ISB&M School of Technology: The claims in the advertisement, “100% Placement” and “ISB&M School of Technology Ranked 8th in Emerging Engineering Institutes in India”, were not substantiated.

     

      3.NIPS  School of Hotel Management: The claims in the advertisement,  “World Record Holder”,  “Ranked No. 1 Eastern India the Pioneer Newpaper 2014”,  “Best Placement Award- By South Asian Academy, New Delhi, 2012”,  “Ranked No. 2 Among India’s Private Hotel Management Institute – The Pioneer Newspaper – 2013”,  “Holder of Limca, Asia & India Books Of Records”,  “Eastern India’s Best Hotel Management College- Awarded By Brands Academy, New Delhi – 2013”, “Winner 8th National Education Award- Awarded by NEA, New Delhi- 2014”,  “Winner National W.B Education Award- Awarded by NEA, New Delhi – 2014” and “Worldwide Hospitality Award- Awarded by WWHA, Paris, France- 2003”, were not adequately substantiated with evidence.

     

      4.The Mentor’s Academy: The claims in the advertisement stating, “Get a reputed Government job. Get Bank, Railway, Police etc. in just one day exam”, and “100% Money Back Guarantee”, were not substantiated.

     

      5.CL Educate Ltd (Career Launcher): The claims in the advertisement stating, “CAT Test Series – The No.1 CAT Test Series Program”, “Most recommended test series”, “Rated the best by students” and “True percentile predictor”, were not substantiated adequately.

     

      6.SCMS School of Engineering & Technology: The claim, “Kerala’s No. 1 Engineering College (SF) in quality and excellence”, was not substantiated with comparative data..Theclaim, “SCMS is ranked No. 1 in all ranking surveys conducted by RECCA-NIT”, was not substantiated with supporting data and also the claim is misleading by omission of what the ranking was specific to.

     

      7.Invertis University: The advertisement claims, “National Education Award 2014 for Outstanding B-School &Engg. Univ. – ABP”, “4 Star Ranking – The Pioneer”, “Bharat ShikshRatan–Velidictedby GAF, Delhi” and “Best Emerging University Of North India – Indian Achievers Podium”, were not adequately substantiated and were misleading by omission of disclaimers.

     

      8.Career Institute for Commerce & Accounting: The claim in the Advertisement, “AIR-26, 30, 36, 37, 41, 42” as a declaration is considered to be fake and not substantiated with supporting data. 

     

    Complaints against advertisements of all educational institutes listed below mostly are upheld because of unsubstantiated claims that they ‘provide 100% placement/AND/OR they claim to be the No.1 in their respective fields’:

     

    Vidyalankar Classes, Vivekananda Degree & PG College, Aim Entertainment Acting Academy, Learn & Earn Academy, Master of Science Information & Technology, Mediit Educational Institute,ADCC Infocad Private Limited (ADCC Academy), Wisdom Institute, Sri Shakthi Institute Of Engineering & Technology, Ponjesly College of Engineering, Vidyalankar Classes, One Dream, Blue Bells Innovative School, UEI Global Education, Tajinder Bhatia Achieve Max, Vidya Knowledge Park, MIST Plus, Happy Child College of Nursing, Sai Wellness Education, The Prayag International Institute of Hotel &Tourism, All India Computer Trainers Association, IPCA Accountancy, Millennium Institute of Management, Banda Para College Medical, KIPM College of Engineering & Technology, ISC CNC Training Centre, Chalapathi Institute of Pharmaceutical Sciences, National Power Training Institute Corporate Centre, Centre for Bioinformatics, SKML Defence Academy, Mangayarkarasi Educational Trust (Mangayarkarasi College of Arts & Science), NIV Foundations (NIV School of Hospitality Management) and Vivekananda Institute of Professional Studies (Delhi School of Business).

     

    Others

     

      1.HSIL Limited (Hindware Ensemble Kitchen): The claim in the advertisement, “Air Flow–1200 m3/hr”, was not substantiated with supporting technical data.

     

      2.Bharti Airtel Ltd. (Airtel Broadband): The claim offer of “Airtel Broadband – 60 GB @ Rs.1099 with unlimited calls”, was not substantiated with evidence of the customers who have availed this scheme.  

     

      3.Amazon Kindle: The advertisement claiming price off of Rs 1000/- from Rs. 5999 to Rs 4999 in large prominent font shown for an image of the product costing Rs.8999/-  is misleading by implication regardless of the disclaimer (in fine print), “Device shown in Image is Rs.8999/-”.

     

      4.Corona Plus Industries Limited (Plus Easy Washing): The claims in the point of sale material (POSM) of Plus Easy Washing state, “Rs. 5 KeChote, PatleSabuno Se DhulaiBadiKashtdayiHain”,  “ApkoBadiRahatDega, KashtdayiDhulaikoAsaan Karta HainAur 66% JyaadaKapdeAsani Se SaafDhulteHain”, were not substantiated with comparative data against competition products.  The claims used in conjunction with the images of the competition products in the POSM is denigrating and disparaging competition.

     

      5.Carlsberg India Limited (Tuborg Zero): The advertisement was a surrogate advertisement for a promotion of a liquor product – Tuborg Zero.  The advertiser did not provide the annual market sales data of the product/service advertised, thus the advertisement contravened Chapter III.6 (a) (b) of the ASCI Code and the Guidelines for Brand Extension product or service.

     

      6.3M India Limited (3M Car Care): The advertisement visual showing a car splashing water filled on the road, encourages people to indulge in dangerous practices without justifiable reason.

     

      7.City Broadband: The claim in the advertisement, “India’s No.1 Leading Internet Service Provider”, was not substantiated.

     

      8.John Distilleries Pvt Ltd (Original Choice):The advertisement shows a bar situation with coloured liquid in bottles/glasses which appears to be a direct promotion of liquor product – Original Choice.  The advertisement is misleading by implication and contravened Chapters I.4 and  III.6(b) of the Code (“Whether there exists in the advertisement under complaint any direct or indirect clues or cues which could suggest to consumers that it is a direct or indirect advertisement for the product whose advertising is restricted or prohibited by this Code.”).  Also, the advertisement did not meet the requirements as per ASCI’s Guidelines for Qualification of Brand Extension Products and thereby contravened Chapter III.6 (a) of the ASCI Code.

     

      9.Manappuram Finance Limited: In absence of a disclaimer to indicate that the earlier scheme of 5% reduction in interest rate has been extended to other branches, the advertisement is misleading by omission.       

  • 185 advertisers come under ASCI scanner for flouting guidelines

    185 advertisers come under ASCI scanner for flouting guidelines

    MUMBAI: In March 2015, the Advertising Standard Council of India’s (ASCI) Consumer Complaints Council (CCC) upheld complaints against 185 out of 230 advertisements.

     

    Out of 185 advertisements against which complaints were upheld, 81 belonged to the personal and healthcare category, followed by 57 advertisements in the education category, with 47 advertisements in other categories.

     

    In the print and broadcast category, advertisements were upheld against TV Today Network limited, Times Network, Madhyamam Broadcasting Limited and Matrubhumi Printing & Publishing Co. Ltd. amongst others.

     

    The CCC found the following claims in 81 health and personal care product or service advertisements to be either misleading or false or not adequately or 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.

     

    The advertisements against which complaints were upheld included Dr. Batra’s Homeopathy, Lifespan Diabetes & Cardiometabolic Clinic, Zee Laboratories, Hashmi Dawakhana, Sanjivani Homoeopathic Centre and Herbal Life Clinic amongst others.

     

    In the education category, the CCC found following claims in the advertisements by 57 advertisers were not substantiated and, thus, violated ASCI Guidelines for Advertising of Educational Institutions. Hence complaints against these advertisements were upheld.

     

    The advertisements against which complaints were upheld included SCIT Community College of IT & Management, St. Margaret Engineering College, ICS Coaching Centre and CL Educate Ltd amongst others.

     

    Click here to read the full report

  • 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

  • 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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  • 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.

     

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  • Narendra Ambwani is the new chairman of ASCI

    Narendra Ambwani is the new chairman of ASCI

    MUMBAI: At the board meeting of the Advertising Standards Council of India (ASCI), Agro Tech Foods director Narendra Ambwani, was unanimously elected chairman of the board.

     

    As a member of the board of governors for seven years, he has provided active support to self-regulation in the advertising movement.

     

    Benoy Roy Chawdhuri, was elected vice-chairman while Shashidhar Sinha was appointed the honorary treasurer.

     

    The other members of the new board of governors are: Hemant Bakshi, Arvind Sharma, Dilip Cherian, SK Palekar, Jayant Singh, Subhash Kamath, Srinivasan Swamy, Rajan Anandan, Shantanu Khosla, Abanti Sankarnarayanan, I Venkat, Arunabh DasSharma and Partha Rakshit.

     

    During the year 2013-14, the Consumer Complaints Council (CCC) met 41 times and considered complaints against 1937 advertisements. Of these, complaints against 1520 advertisements were upheld, while 414 were not upheld and 3 were considered non-issues.  In more than 90 per cent of the cases, where a complaint against the advertisement was upheld, the advertisements have been voluntarily withdrawn or modified as per the CCC’s decisions.

     

    The outgoing chairman of ASCI Rakshit said, “Last year has been a very eventful and successful year for us. ASCI’s effective action towards reducing the complaint processing turnaround time to just 12 days has led ASCI to win the prestigious EASA Gold Award for Best Practices. There has also been more than 90 per cent compliance towards the advertisements wherein a complaint against an advertisement was ‘upheld’. These advertisements were either withdrawn or have been appropriately modified. In a noteworthy achievement, ASCI issued guidelines on skin lightening and fairness products which ensured that these advertisements do not depict people with dark skin as somehow inferior to those who are fairer. Also recently, government took notice of ASCI’s efforts to curb Teleshopping ads that violate ASCI code and ensured a strict compliance of the advertising code in the Cable Television Networks Act (CTN).”

     

    Ambwani said, “There has been tremendous change in ASCI’s approach towards advertising content and adherence to the ASCI’s guidelines by the advertisers. Earlier, we acted primarily on complaint received from the public or the industry body. 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. We also hope to collaborate strongly with the regulators and consumer groups to ensure fairness and responsibility in advertising”

  • 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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