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Tag: Consumer Complaints Council

  • ASCI upheld 99 complaints against 136 advertisements

    ASCI upheld 99 complaints against 136 advertisements

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

     

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

     

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

     

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

     

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

     

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

     

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  • ASCI shortens its complaint redressal to 12 days

    ASCI shortens its complaint redressal to 12 days

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

     

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

     

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

     

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

     

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

     

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

     

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

     

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

     

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

     

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

  • ASCI upholds complaints against 87 out of 108 advertisements

    ASCI upholds complaints against 87 out of 108 advertisements

    MUMBAI:  For the month of December 2013, Advertising Standards Council of India’s (ASCI) Consumer Complaints Council (CCC) upheld complaints against 87 advertisements.

     

    Health & Personal Care category continued to lead with the highest number of complaints received in that month. In the category, the CCC found that 65 advertisements, released in the press to be either misleading or false or not adequately/scientifically substantiated and hence violating ASCI’s code. Some of the health care products or services ads also contravened provisions of the Drug & Magic Remedies Act.

     

    The complaints upheld include: Ranbaxy Laboratories claim that by consuming Ranbaxy Garlic Plus every day is more effective than eating raw garlic or cooked. Dr Batra’s Homeopathic Clinic claims that it is ‘Awarded as India’s only Trusted Brand in Homeopathy – Brand Trust Report – 2013.’ Clarins White Plus claims that ‘After 4 weeks, Asian women testing this product saw the following results: 91 per cent Less yellowish skin tone, 87 per cent more even and clearer complexion, 87 per cent improved rosy luminescence’ super: satisfaction test, 53 Asian women, 4 weeks.’

     

    Johnson & Johnson (Johnson Baby Soap) claims Saumyata ke 12 tests. Dabur India’s Fem Bleach Cream claims that is ‘the first dermatologically tested bleach’, among others.

     

    In the Food & Beverages category, the CCC concluded that the claims mentioned in the eight advertisements were not substantiated.  The advertisements contravened ASCI’s Code.  The complaints were upheld for Cadbury Choclairs claim that this chocolate does not stick in your teeth. They changed their name from Cadbury eclairs to Cadbury choclairs claiming the chocolate does not stick, Haldiram Salted Peanuts claims that the pack shows, a whole nut which is white and large in size, which appears to be export quality. Whereas the packet contains cut pieces and roasted half nuts, etc.

     

    Bajaj Electricals: Bajaj CFL bulbs shows poor lighting, hides skin fairness of a girl who has to meet a potential suitor the next day.  The ad denigrates women based on the colour of the skin of the girl. The complaint was upheld in the Consumer Durables category.

     

    In the year 2013, ASCI introduced various initiatives ensuring quicker and stronger actions against all advertisements violating its code.  The National Advertising Monitoring Service (NAMS) helped the self-regulatory body to cast its net wide on the defaulting advertisers, and Online Complaint and Monitoring Service (OCMS) made it convenient and faster for consumers to file complaints against misleading advertisements.

     

    In addition, ASCI also launched online monitoring of ads to track advertisements in the online space and also introduced Suspension Pending Investigation for taking quick action against those advertisements whose continuation may be against public interest. These initiatives resulted in a five-fold increase in the number of complaints.

     

    In 2013, the CCC decided on 1842 complaints out of which 1477 were upheld. Out of these misleading advertisements, approximately 40 per cent were the education sector advertisements and 36 per cent from the personal and healthcare category.

     

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  • ASCI upholds complaints against 57 out of 65 advertisements

    ASCI upholds complaints against 57 out of 65 advertisements

    MUMBAI: For the month of November 2013, the Advertising Standards Council of India (ASCI) upheld complaints against 57 out of 65 advertisers.

     

    As usual, the health & personal care category continued to lead with the highest number of complaints received.  A number of complaints were upheld for online advertisements as well.

     

    The ASCI’s Consumer Complaints Council (CCC) concluded that the Facebook advertisement of Stayzilla.com of Inasra Technologies shows an indecent depiction of a woman and objectifies women, which is likely in the light of generally prevailing standards of decency and propriety, to cause grave or widespread offence.  The ad contravened Chapter II of the ASCI Code and hence the complaint was upheld.

     

    The advertisement of website of 99acres.com clearly states ‘no Muslim is allowed’. The CCC concluded that the website advertisement promotes discrimination based on religion and contravened Chapter III.1 (b) of the Code.  The complaint was upheld.

     

    The CCC found the claims in health and personal care product or service ads of 44 advertisers, released in the press to be either misleading or false or not adequately/scientifically substantiated and hence violating ASCI’s Code. Some of the health care products or services ads also contravened provisions of the Drug & Magic Remedies Act.

     

    The Himalaya Drug Company’s Himalaya Sparkling White Toothpaste claims that it is ‘India’s first toothpaste with no chemical bleach’. Pack claims that they guarantee ‘whiter teeth in just 2 weeks.’ The complaint was upheld.

     

    Similarly, complaints were upheld for Marico’s Nihar Shanti Amla Hair Oil claims to ‘keep hair black for a long time’, HUL’s new Close Up Deep Action Toothpaste claim was not substantiated ‘Confidence of Fresh breath till 12 hours, presenting new Close-up Deep Action’ and Ranbaxy Laboratories’ Revital claim of ‘21 day money back guarantee challenge’, amongst others.

     

    The CCC concluded that the claims mentioned in advertisements in the food and beverage category were not substantiated.  The complaints were upheld for Pizza Hut wherein the hoardings state that ‘Rs 99 on any meal any day.’ This is not factually true.

     

    United Biscuits Mcvitie’s Digestive Biscuit claims that ‘Every biscuit has ‘Maida’ (Wheat Flour), whereas their biscuits have ‘Atta’ (whole wheat flour). The content of the biscuits says that it also contains 36 per cent ‘maida’ (wheat flour) and only 23 per cent ‘Atta’ (whole wheat flour). Hence their claim is totally misleading that their biscuit is made of ‘Atta’ (whole wheat flour).’

     

    In the auto category, the CCC found following claims in TVC by two different advertisers violated Chapter III.3 of the ASCI guidelines on advertisements for automotive vehicles and hence the complaints against the ads were upheld: Maruti Suzuki India’s Maruti Alto 800 TVC shows ‘a couple celebrating Diwali and when asked about the extra diya, the wife says it is for her parents who stay far away. And they travel with the diya in the car and reach the house. The wife says surprisingly the oil in the diya is intact and the husband agrees whilst looking at the dashboard’. The advertisement sends a dangerous message of carrying an oil lamp in the car. It flouts the safety rules and spreads a dangerous message. Also, a TVS Star City commercial shows a woman pillion riding without a helmet.

     

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