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Tag: FTCP

  • ASCI upholds complaint against Republic’s TV promo claiming network leadership

    ASCI upholds complaint against Republic’s TV promo claiming network leadership

    MUMBAI: The Fast Track Complaints Panel (FTCP) of the Advertising Standards Council of India (ASCI), in a meeting held on 27 March 2019, has upheld a complaint against Republic’s leadership claim of being the country’s largest news network with a reach of 184 million.

    The Arnab Goswami-led network’s press note and TV promo with claim of being "India's No. 1 News Network" with "184 Million Viewers" was deemed ‘false and misleading’ by the FTCP after a technical expert and the ASCI secretary general conducted a personal hearing with both the complainant as well as the advertiser representatives.

    The FTCP reviewed the channel promo videos, and noted the advertiser’s written response. The details of the complaint and the rationale for claim support was taken into consideration.

    “The TV promo was not accompanied with any disclaimer to indicate the source of claim. The TV promo was in contravention of BARC advisory as well as Chapter I.1, I.2, I.4, I.5 and IV. 1 (a) and (b) as well as ASCI guidelines on disclaimers,” read the letter, which has been reviewed by Indiantelevision.com.

    Ruling in favour of the complainant, the FTCP said that Republic had selectively picked only a subset of channels of their competitive networks and described these subsets as the “network”. 

    It noted, “The comparison among networks should include all channel under the common corporate umbrella. Selectively picking and choosing amounts to transgressing Chapter IV.1 (a) and (b).”

    Republic in its defence asserted that it has used the data of only one week, i.e. the 10th week of 2019, for the promotional purpose as it had taken them over five weeks to ensure full availability in their addressable market. 

    FTCP further stated that due to the TRAI tariff order implementation, BARC had informed its subscribers to not use the viewership data for any public communication from week 6 onwards. Republic network’s representative admitted to being aware of the said BARC advisory and assured to adhere to the same during their personal hearing.

    The channel indicated compliance and confirmed that the TV promo was a one-time telecast and has been discontinued.

  • ASCI dismisses HUL plaint against two Emami products

    ASCI dismisses HUL plaint against two Emami products

    MUMBAI: The Independent Review Committee (IRC) of The Advertising Standard Council of India (ASCI), chaired by Justice Mohit Shah (retired), has summarily dismissed two complaints filed by HUL against Emami Limited’s Fair and Handsome Instant Fairness Facewashes over the last six months.

    The complaints filed by HUL with ASCI against the two face wash brands of Fair and Handsome, was reviewed by Justice Shah at a meeting attended by teams from Emami and HUL. He went at length to look at the merit of every point raised, before arriving at his recommendations.

    One model of the brand was contested on the language used, “Instant Fairness Face Wash”, apart from raising seven more objections on the brand. Rigourous clinical study reports, consumer evidence and research studies were presented to prove how the face wash delivers, which was accepted by the chairperson.

    In the second case, HUL had raised objection to the language, “100% Oil Clear Instant Fairness Face Wash”, contesting that this was misleading, while the clarification was “clearing excess oil up to 100%” which was clearly mentioned on the pack. Post all the submissions, Justice Shah commented that, “I find substance in the submission made by the advertiser that the claim, “100% Oil Clear” is to be understood as “100% excessive oil clear”. The findings in the clinical study as well as the consumer study support this claim.”

    HUL had raised 11 more objections on the 100% Oil Clear Instant Fairness Face Wash, all of which were conclusively proven through clinical studies, consumer studies and reports by leading market research agencies, leading to dismissal of all 18 objections on both products.

    In another recent instance, ASCI had dismissed the disparagement case filed by HUL against Fair and Handsome Fairness Cream.

    HUL had filed a complaint with ASCI on the brand’s recent TVC, where the complainant had claimed that the advertisement disparaged HUL’s product – Fair & Lovely Fairness Cream. The Fast Track Complaints Panel (FTCP), after viewing the TVC, product packaging and noting Emami’s response, were of the view, “There are many aspects of dissimilarities between the product shown in the TVC and the complainant’s product.” Hence, the complaint was not upheld.