Tag: Misleading advertisements

  • 6154 complaints against misleading ads in last three years: Anurag Thakur

    6154 complaints against misleading ads in last three years: Anurag Thakur

    Mumbai: Over 6,000 complaints related to misleading advertisements were registered online by consumers on the government portal GAMA (Grievance Against Misleading Advertisements) in the past three years, said the union minister of I&B Anurag Thakur, responding to a question in the Lok Sabha on Tuesday.

    The portal launched by the Department of Consumer Affairs accepted 6,154 complaints between 2019 and 2021, said Thakur. Last year saw 948 grievances being registered, while in 2020 there were 1,790 grievances and 3,416 in 2019.

    All advertisements telecast on private satellite TV channels are regulated in accordance with the Advertising Code prescribed under the Cable Television Networks Rules, 1994. The ministry of information and broadcasting issues advisories from time to time to broadcasters for ensuring compliance to the Advertising Code, Thakur said in a written response.

    The Department of Consumer Affairs had launched the GAMA portal in 2015 where consumers can lodge complaints relating to misleading advertisements. A Central Consumer Protection Authority (CCPA) was established under Consumer Protection Act, 2019, on 24 July 2020, which inter-alia looks into misleading advertisements either suo-motu or on complaints from the central government, according to the I&B minister.

  • 171 misleading ads withdrawn at the behest of ASCI

    171 misleading ads withdrawn at the behest of ASCI

    MUMBAI: In the month of February the Advertising Standards Council of India (ASCI) investigated complaints against 279 advertisements, of which 101 advertisements were promptly withdrawn by the advertisers on receipt of communication from ASCI. The independent Consumer Complaints Council (CCC) of ASCI evaluated the remaining 178 advertisements, of which complaints against 171 advertisements were upheld.

    Of these 171 advertisements, 77 belonged to the education sector, 59 belonged to the healthcare sector, six to real estate, five to visa/immigration services, five to personal care, four to the food & beverages sector, and 15 were from the ‘others’ category.

    ASCI continues to see advertisements featuring celebrities falling short of adhering to “Guidelines for Celebrities in advertising”.
     
    ASCI secretary general Shweta Purandare said, “Our guidelines for Usage of Awards/ Rankings in Advertisements that were introduced in January 2020, are proving to be a timely step in the right direction. We are educating the advertisers that self-sponsored awards and ranking are on thin ice and will not hold any more. They need to know the rigor expected in claim substantiation when referring to awards and rankings in their advertisements”.

    Amongst the various advertisements that were scrutinized, CCC pulled up a misleading advertisement of a “gamified school education” app claiming it to be the biggest scholarship exam, and promising prize money worth up to Rs one crore, featuring one of Bollywood’s legendary actors. An advertisement of herbal drops endorsed by a Bollywood celebrity made a misleading claim that it can save or protect from diseases by immunity enhancement.

    ASCI also saw several real estate companies making superlative / leadership claims. A few of them were specially focused on providing communities and townships for elderly people. One well-known brand while promoting their township project for seniors, made an unsubstantiated claim of being “India’s Largest Senior-Living Community”.

     A popular auto company, in a TV advertisement, depicted a pillion riding barber shaving the rider on a running motorcycle.  It showed a dangerous act with disregard for safety and challenged safe driving requirements. The advertisement contravened ASCI’s guidelines for advertisements depicting automotive vehicles.

    ASCI also processed complaints against several advertisements which guaranteed “100 per cent Visa”, “100 per cent Visa Success Ratio”, “No.1 Visa Company '' either for work or education in countries which had stringent documentation mandates. Such misleading claims were likely to lead to widespread disappointment in the minds of students and job seekers.

  • Minister hints Consumer Protection Bill passage next Parliament session

    Minister hints Consumer Protection Bill passage next Parliament session

    NEW DELHI. The Consumer Protection Bill 2015, seeking to amend the archaic Consumer Protection Act and make provisions for penalising misleading advertisements and celeb endorsers, could be enacted into a law in the next session of Parliament, which is likely to reconvene later this month.

    Consumer Affairs Minister Ram Vilas Paswan indicated this while inaugurating the sixth edition of Massmerize 2016, FICCI’s annual flagship Retail, FMCG & E-Commerce Convention.

    Paswan said it was important for the industry to win the trust of the consumers and weed out companies indulging in misleading advertisements that often played with the health of the consumers. The onus, he said, was on industry to deliberate on this issue with seriousness and identify factors that are inimical to industry’s growth.

    Consumer Affairs Ministry sources, in the meanwhile, told  indiantelevision.com that the recommendations of the Parliamentary Standing Committee concerned were still under consideration and the Bill may be further amended if these recommendations are accepted.

    The three decades old Consumer Protection Act was seen as an inefficient piece of legislation, out of step with new market dynamics, multi-layered delivery chains, innovative and, often, misleading advertising and marketing machinery as earlier reported by indiantelevision.com.

    FICCI FMCG Committee Chairman and COO, ITC, Sanjiv Puri, gave the FMCG industry perspective, indicating that the FMCG sector which today stands at close to Rs 230,000 crore is expected to climb to Rs 600,000 crore by the end of the decade.

    Puri said that the food processing sector was today taxed at over 25% across the whole value chain and called for a much more moderate rate of tax in the GST regime. The losses in terms of revenue to the government will be compensated for by a widened tax base.  

    Tata Sons GEC member Harish Bhat said the march of digitalization was changing the consumer profile in the country as by 2020 close to 220 million consumers will be online shoppers, a six-fold increase from now. He added that the key consumer trends indicated that health and wellness were a major requirement of the consumers and digital connectivity was driving this demand. He suggested that industry and government come together to find innovative solutions to satisfy consumer demand.

    ALSO READ

    Misleading ads: Govt moots proposal to penalise celeb endorsers

     

  • Minister hints Consumer Protection Bill passage next Parliament session

    Minister hints Consumer Protection Bill passage next Parliament session

    NEW DELHI. The Consumer Protection Bill 2015, seeking to amend the archaic Consumer Protection Act and make provisions for penalising misleading advertisements and celeb endorsers, could be enacted into a law in the next session of Parliament, which is likely to reconvene later this month.

    Consumer Affairs Minister Ram Vilas Paswan indicated this while inaugurating the sixth edition of Massmerize 2016, FICCI’s annual flagship Retail, FMCG & E-Commerce Convention.

    Paswan said it was important for the industry to win the trust of the consumers and weed out companies indulging in misleading advertisements that often played with the health of the consumers. The onus, he said, was on industry to deliberate on this issue with seriousness and identify factors that are inimical to industry’s growth.

    Consumer Affairs Ministry sources, in the meanwhile, told  indiantelevision.com that the recommendations of the Parliamentary Standing Committee concerned were still under consideration and the Bill may be further amended if these recommendations are accepted.

    The three decades old Consumer Protection Act was seen as an inefficient piece of legislation, out of step with new market dynamics, multi-layered delivery chains, innovative and, often, misleading advertising and marketing machinery as earlier reported by indiantelevision.com.

    FICCI FMCG Committee Chairman and COO, ITC, Sanjiv Puri, gave the FMCG industry perspective, indicating that the FMCG sector which today stands at close to Rs 230,000 crore is expected to climb to Rs 600,000 crore by the end of the decade.

    Puri said that the food processing sector was today taxed at over 25% across the whole value chain and called for a much more moderate rate of tax in the GST regime. The losses in terms of revenue to the government will be compensated for by a widened tax base.  

    Tata Sons GEC member Harish Bhat said the march of digitalization was changing the consumer profile in the country as by 2020 close to 220 million consumers will be online shoppers, a six-fold increase from now. He added that the key consumer trends indicated that health and wellness were a major requirement of the consumers and digital connectivity was driving this demand. He suggested that industry and government come together to find innovative solutions to satisfy consumer demand.

    ALSO READ

    Misleading ads: Govt moots proposal to penalise celeb endorsers

     

  • 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. 

     

    Click here for full report

  • “I&B to partner with ASCI to curb misleading advertisements”: Narendra Ambwani

    “I&B to partner with ASCI to curb misleading advertisements”: Narendra Ambwani

    An IIM Ahmedabad alumnus, Narendra Ambwani has spent over 34 years of his career with Johnson & Johnson. He led the rapid growth of Indian operations of Johnson & Johnson by building hugely successful and strong brands like Johnsons’ Baby and Stayfree. His strong focus on people engagement and development made J&J India as one of the “Best Companies to work for” in India.

     

    Ambwani, a professionally trained CEO coach and business advisor, now serves on boards of leading companies in India and acts as business advisor for marketing of FMCG products.

     

    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, he said while taking charge as Advertising Standards Council of India (ASCI) chairman .

     

    During the year 2013-14, the Consumer Complaints Council (CCC) met 41 times and considered complaints against 1,937 advertisements. Indiantelevision.com’s Meghna Sharma spoke to the new chairman to see what is on his priority list.

     

    As the new ASCI chairman, what will be on your priority list and why?

     

    Our priorities for year 2014-15 are:

     

    •         Self discipline by creators of advertising – This would ensure that the advertisements are compliant with the self-regulation code of the ASCI at the time of their creation itself.

     

    •         Easier access to ASCI services – More and more consumers now have better access to internet. Social media is also playing a very important role when it comes to consumers expressing their opinion. Our efforts are underway to make it easier for consumers to reach ASCI – be it to complain against objectionable advertisement or for ASCI members to get trained on self-regulation code. We would announce these initiatives in the coming months.

     

    •         Collaboration with the regulators – The new mantra of “Less Government, more Governance” is in the true spirit of self-regulation. Department of Consumer Affairs, FSSAI and the Ministry of Information and Broadcasting is looking to partner with ASCI to curb the issue of misleading advertisements and protect the consumers’ interest. We are closely collaborating with e-regulators and are a key stakeholder in the Inter Ministerial Committees.

     

    •         Being seen as fair by all stakeholders – For every complaint that we process, one party is always unhappy! If a complaint is upheld, it is the advertisers and if a complaint is not upheld, it is the consumer who may feel that has ASCI been fair. By continuing to keep our processes transparent and decisions providing clear rationale, we would be seen as a fair and unbiased organisation taking very objective decisions. Our aim is to communicate this better with all our stakeholders.

     

    Recently, ASCI had set new guidelines that will not allow ads for fairness creams and other fairness products to depict people with dark skin as inferior to those who are fair. What triggered the association to come up with the new guidelines now?

     

    While all fairness products are licensed for manufacture and sale by relevant state Food & Drug Administration (FDA) under the Drugs & Cosmetics Act, there is a strong concern in certain sections of society that advertising of fairness products tends to communicate and perpetuate the notion that dark skin is inferior and undesirable. ASCI code’s Chapter III 1 b already states that advertisements should not deride race, caste, colour, creed or nationality. Yet given how widespread the advertising for fairness and skin lightening products is and the concerns of different stakeholders in society, ASCI therefore felt a need to frame specific guidelines for this product category.

     

    Setting up these new guidelines for the skin lightening and fairness products will help advertisers comply with ASCI code’s Chapter III 1 b which states that advertisements should not deride any race, caste, colour, creed or nationality . Given how widespread the advertising for fairness and skin lightening products is and the concerns of different stakeholders in society, ASCI saw the need to setup specific guidelines for this product category.

     

    What other segments are under scrutinisation? Why?

    None at this moment.

     

    You have said that ASCI wants to collaborate strongly with the regulators and consumer groups. When do we see that happening?

     

    ASCI has been in close contact with all the key stakeholders such as regulatory bodies or consumer groups. It is an ongoing process and with the efficiencies that we have achieved in the last few years in terms of speed of complaint redressal, regulatory bodies and consumer groups are seeing ASCI as a strong partner. This collaboration is continuing to strengthen as these stakeholders are now relying more and more on ASCI to process complaints.

     

    As awareness increases, will we see more marketing activities from the association to let more common people complain about ads?

     

    We have seen encouraging responses in the last couple of years and are looking forward to reaching out to the consumers extensively. We organise campaigns and seminars in colleges for the youth to be aware of ASCI. We have a dynamic PR team that helps us spread communication and visibility of the council to our consumers. With our digital medium consumers lodge complaints via the ASCI website, the ASCI Facebook page, email and through smartphones. We also have maintained the traditional mediums i.e. toll free telephone and regular post for increased customer feedback. Growing awareness of ASCI is evident in the fact that the number of complaints that we have processed in the last two years have grown ten folds!

     

    ASCI code of conduct is known to all advertising agency. Then why do we see repeated offence. Do you think the penalty should be more stringent?

     

    By and large, contrary to the perception, we have a very healthy compliance rate with the ASCI’s CCC decisions. There are very few repeat offenders and the compliance rate is more than 90 per cent. With the strong support coming in from the government bodies, we are confident that the compliance rate would only improve further.

     

    Last year, ASCI reduced the complaint processing turnaround time to just 12 days. What can we expect this year?

    This year we have some very interesting initiatives planned. We would announce them in the coming months. These are in line with the priorities set for the year 2014-15.

     

    Lastly, any advice for the advertising agencies?

     

    Regulate yourselves, else somebody else would regulate you!