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Tag: Misleading

  • Misleading ads’ celebrity brand endorsers may be penalised

    NEW DELHI: The Government has said that a Parliamentary Committee’s recommendation of penalties against against endorsers of misleading advertisements was under consideration.

    The Parliamentary Standing Committee on Food, Consumer Affairs and Public Distribution had recommended a fine of Rs One million and imprisonment up to two years or both for first time offence and fine of Rs 5 million and imprisonment for five years for the second time offence for celebrity endorsers.

    The Committee had made the recommendation while examining the Consumer Protection Bill 2015, minister of state for consumer affairs, food and public distribution C R Chaudhary told the Parliament.

    The Committee had recommended stringent provisions to tackle misleading advertisement as well as to fix liability on endorsers / celebrities.

    Replying to another question, he said the Department of Consumer Affairs has launched a portal “Grievance against Misleading Advertisement (GAMA)” where a consumer can lodge a complaint against a misleading advertisement.

    4400 plaints of misleading ads since Mar ’15

    A total of 4438 complaints have been received since March 2015 through this portal. The Advertising Standards Council of India (ASCI) processes these complaints according to its Code.

    The ASCI and the Ministry had signed a memorandum of understanding in this regard.

    If a complaint is upheld, ASCI takes up the complaint with the company / agency concerned either for withdrawal or modification of the advertisement. In case of non-compliance of its orders, ASCI forwards the complaints to the regulators concerned for taking appropriate action.

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  • ASCI launches ‘Swachh Ads Abhiyan’

    ASCI launches ‘Swachh Ads Abhiyan’

    MUMBAI: Observing the National Consumers Day on 24 December, Advertising Standards Council of India (ASCI) has launched the initiative ‘Swachh Ads Abhiyan’.

    With the purpose of combating misleading advertisements, the Department of Consumers Affairs proposed ASCI to come up with an initiative to create awareness amongst consumers to take action against misleading content. The campaign was initiated across various social platforms like Facebook, Twitter, LinkedIn and YouTube.  Engaging with the consumers and making them aware of what advertisements lead to misleading content and consumer’s right to complain against any such advertisements.

    ASCI chairman Narendra Ambwani said, “‘Swachh Ads Abhiyan’ is yet another initiative by ASCI to combat the issue of misleading advertisements and create awareness for the consumers on National Consumers Day. It’s really important that the consumers don’t blindly believe in advertisements and understand unethical and misleading claims. ASCI engaged with consumers through social media, which have massively driven consumer attention towards the campaign. We hope this initiative from ASCI will empower and are encouraging consumers to make the right decisions.”

    ASCI’s Consumer Complaints Council member Sucheta Dalal stated, “As a member of the consumer complaints committee (CCC) I have seen the big leap in ASCI’s effort to track misleading advertisements across different media and languages on a nationwide basis. ASCI has also made it easy to file and track complaints online or engage with it through social media. All we need now is better consumer awareness and action by concerned citizens to keep ASCI on its toes by filing complaints and making themselves heard on the evolving issue of misleading advertisements.”

     

  • 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.

     

    Click here to read the full report

  • 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.

     

    Click here for the full report