ITV

Tag: NAMS

  • Education, healthcare topped list of misleading ads in 2020: ASCI

    Education, healthcare topped list of misleading ads in 2020: ASCI

    MUMBAI: Advertising Standards Council of India (ASCI) has said that the third quarter of 2020 witnessed a surge in number of consumer complaints after an initiative driven quarter by the Ad industry regulator to increase consumer awareness.

    Between October and December, the ASCI team received 1,885 complaints originating from 1,230 advertisements, the regulatory body said in its Complaints Analysis Report – Q3 FY (2020-21). It noted that the Industry focused initiatives it led for consumer protection and streamlining of processes for effective self-regulatory practices had had a high impact.

    251 of the 1,230 advertisements were either withdrawn or amended by the advertisers on receipt of communication from ASCI. From the remaining advertisements, ASCI’s independent Consumer Complaints Council (CCC) upheld complaints against 902 advertisements. Of these, a whopping 582 or almost 65 per cent ads belonged to the education sector and 128 from healthcare, 64 from food and beverages, 25 from personal care, 99 from other categories. Complaints against 77 advertisements were not upheld as these advertisements were not found to be in violation of the ASCI code.

    Some of the key themes of false claims or code violations that emerged during the quarter October-December were:

    – Education ads with false claims of job guarantees, placements, etc.

    -Healthcare ads with false claims about Covid2019 cures and preventions advertising.

    Other complaints included those against brands issuing comparative advertisements while prominent cases against honey brands were also in the spotlight. During the third quarter, complaints regarding surrogate advertising also picked up post the IPL.

    In October 2020, ASCI introduced the Covid2019 advisory for advertisers, to protect consumers from being misled during the pandemic. Soon after, in November 2020, ASCI introduced guidelines for online gaming for “real-money winnings”, to protect audiences from risks associated with games involving real money. The guidelines received much appreciation and backing from the ministry of information and broadcasting. Earlier in 2020, the council had also introduced guidelines for usage of awards/rankings in advertisements by brands. Early September, it expanded its national Advertising Monitoring Service (NAMS) to add digital advertising to its suo motu screening. More than 3,000 digital platforms are being currently tracked by the regulatory body.

    The initiatives sparked conversations in the media, on social media and various other forums, which further helped drive consumer education and awareness. Additional impact of the constant buzz on various channels was the spike in the number of complaints processed by ASCI for the quarter.

    Overall in 2020, ASCI looked into 6,527 complaints that were registered against 3,315 advertisements, of which 2,357 were upheld. Education (1,062) and healthcare (827) topped the list for the year as well. Some of the numbers for other categories, 117 food and beverage advertisements were complained, 63 against personal care, 17 violations of guidelines for brand extension, 22 against real estate, 10 against visa and immigration services and 239 against ads from other categories.

    ASCI secretary general Manisha Kapoor said: “The third quarter of the financial year involved initiatives leading to positive impact on the industry and stakeholders. The quarter recorded the highest numbers in terms of complaints processing, compared to the previous two quarters which were a direct outcome of the pandemic. We hope to continue this momentum in the year ahead.”

  • WhatsApp’s 200m users catalysed ASCI’s digital initiative

    MUMBAI: The Advertising Standards Council of India (ASCI) successfully completed a year of its digital initiative – Snap and WhatsApp (+91 77100 12345).

    In perfect tandem with World Consumer Rights Day themed “Consumer Rights in Digital Age” being celebrated today, ASCI’s WhatsApp number provides an efficient first touch point for consumers to register their complaints with great ease and completely free of cost.

    Empowering consumers to register their grievances against objectionable advertisements through an easy access and effective medium, the WhatsApp platform registers 200 Million monthly active users in India. With more and more consumers accessing WhatsApp, ASCI’s WhatsApp number has radically increased its outreach. In one year since launch the WhatsApp number contributes to approximately 15 per cent of the total number of advertisements complained against by consumers.

    ASCI chairman Srinivasan K Swamy said, “By ensuring that the advertisements are truthful, decent, non-offensive, legal and fair in competition, ASCI is ensuring the protection of the interests of consumers. ASCI has provided Indian consumers a very powerful tool through its WhatsApp number (77100 12345) to take action against objectionable advertisements and thereby protecting consumer rights in this digital age. We are delighted to see that our proactive step of launching this number a year ago has been a success with more and more consumers reaching ASCI using this platform.”

    Interestingly, by embracing technology to connect with the consumers, ASCI has expanded its reach to smaller towns and cities in India and received encouraging participation from non-metro cities in registering the complaints on the WhatsApp number. The sectors that received complaints on WhatsApp include FMCG, Healthcare, Telecom, E-commerce, Travel, Durables, Automotive, Food and Beverages and Education which have been seen across medium not restricted to only TV or print but also Website, Radio, SMS, Emailers, Promotional Materials, Product Packaging, Hoardings, etc.

    This WhatsApp initiative is part of a more comprehensive system set up by ASCI to get consumers to register complaints on what they consider are offensive. Initially it set up a web-based complaint registration system and later it launched a free mobile app “ASCIonline” in July 2015, which was followed, by the launch of WhatsApp number (7710012345) in March 2016. With these measures, ASCI is able to effectively engage with thousands of consumers who raise objections against misleading or offensive advertisements.

    ASCI also has a tie up with Broadcast Audience Research Council (BARC) through which ASCI monitors nationally (National Advertising Monitoring Service – NAMS) print and TV media for offending advertisements wherein each of the 1600 new TV and 45000 print advertisements are reviewed to weed out potentially misleading advertisements. ASCI tracks 32 national Newspapers (all editions) that contributed to over 80 per cent of national newspaper readership, 50 magazines and 425 TV Channels across the country in 14 languages. NAMS also tracks whether non-compliant advertisements reappeared and results show that most of these advertisements are either withdrawn or modified.

  • ASCI appoints Partha Rakshit as the new chairman

    ASCI appoints Partha Rakshit as the new chairman

    MUMBAI: Partha Rakshit Associates’ proprietor Partha Rakshit was unanimously elected as the chairman at the board meeting of The Advertising Standards Council of India (ASCI).
    ASCI’s biggest task in the coming year is to more vigorously disseminate ASCI’s guidelines through training programs believes Partha Rakshit

    The incoming chairman, Partha Rakshit said, “The last couple of years have seen a sea change in ASCI’s approach to self regulating advertising content. Earlier, we acted primarily on complaint received by the public. In May 2012, ASCI setup NAMS, a system of monitoring all new TV and print ads released across India, where trained professionals screened each ad to assess whether it meets ASCI’s code on honest and ethical advertising. This pro-active step has enlarged ASCI’s role as a self regulatory body manifold. I believe ASCI’s biggest task in the coming year is to more vigorously disseminate ASCI’s guidelines through training programs to the advertisers and ad agencies who create the ads and to media who release them, so that the proportion of new ads that meet ASCI’s standards is high at the stage of release itself. ASCI will also liaise more closely with regulators to ensure that ads which do not comply with CCC’s upheld complaint decision are acted upon as per the law of the land”.

    The outgoing chairman of the association, Arvind Sharma said, “Last year has been a very eventful year for ASCI. The NAMS Initiative which has seen a fivefold increase in the Ads complained against (from 177 to 788) has won ASCI the prestigious EASA Silver Award for Best Practices. The CCC now meets every week and approx complaints against 200 Advertisements are deliberated upon every month. Set up of the Online Complaints and Monitoring Services (OCMS) in the new look ASCI website also has started getting complaints against ads coming in from consumers in large numbers. ASCI has also introduced Suspension Pending Investigation where an Advertiser is asked to suspend an Ad immediately pending investigation when that Ad appears to be in serious breach of the Code.’

    Agro Tech Foods director Narendra Ambwani was elected as the vice-chairman; and Mediabrands CEO Shashidhar Sinha was appointed the Honorary Treasurer.
    The other members of the new Board of Governors are: Hemant Bakshi (Hindustan Unilever), Shantanu Khosla (Procter & Gamble Hygiene & Health Care), Jayant Singh (Glaxo SmithKline Consumer Healthcare) from the advertisers, Rajan Anandan (Google India), Sunil Lulla (Times Television Network), Benoy Roychowdhury (HT Media), I. Venkat (Eenadu) from the media industry and the likes of Subhash Kamath (BBH Comms India), Arvind Sharma (Leo Burnett), Srinivasan Swamy (R.K. Swamy BBDO). Allied Professions: Dilip Cherian (Perfect Relations), S.K. Palekar (S.P. Jain Institute of Management), Abanti Sankaranarayanan (CIABC) from the advertising agencies.

    During the year 2012-13, the Consumer Complaints Council (CCC) met 24 times and considered 3007 complaints against 788 advertisements. Of these, complaints against 642 ads were upheld, while 144 were not upheld and 2 were considered non-issues. In 590 cases, the complaint upheld ads have been voluntarily withdrawn or modified as per the CCC’s decisions resulting in over 91% compliance rate.

  • ASCI takes pro-active initiatives; hires COO

    ASCI takes pro-active initiatives; hires COO

    MUMBAI: With the government and consumer bodies making noises about titillating and misleading TV ads, the Indian advertising industry is working on getting its act together.

    Take the Advertising Standards Council of India (ASCI), a body which works as the industry watchdog. Today, it announced that it was taking a few measures to ensure that it becomes more effective.

    One it said that, it has now started tracking – through National Advertising Monitoring Service (NAMS) – print and TV ads nationally against which complaints are upheld.

    And it says it is ready to crack the whip on violators – it has highlighted that it will report them to the relevant statutory authorities, if they choose to ignore its directions and continuing airing ads without removing or changing objectionable portions.

    The second initiative it has undertaken is to speed up the decision making process in the face of a spurt in complaints by introducing an additional consumer complaints council (CCC) which will allow weekly meetings instead of the fortnightly cycle as is the norm now. This will further reduce the average complaint adjudication time.

    Thirdly, it has appointed Shweta Purandare as chief operations officer (COO) to drive complaint investigation, redressal and follow-up.

    “ASCI has been continually innovating to protect the interests of the consumers and all these initiatives are steps towards that,” says ASCI chairman Arvind Sharma. “The proactive tracking by NAMS earlier, of all newly released ads in print and TV and now of all upheld complaint ads and reporting non-compliance to statutory bodies is likely to help substantially in moving towards the goal of eradicating misleading ads. Appointment of a COO and an additional CCC will go a long way in ensuring speedier and more effective complaint redressal process.”

  • ASCI’S Nams Initiative bags a Silver at EASA 2013

    Mumbai: The Advertising Standards Council of India (ASCI) has won the Best Practice Silver Award at the European Advertising Standards Alliance’s (EASA) Annual Meeting held in Milan, Italy recently.

    The Council received this award for introducing the path-breaking initiative, National Advertising Monitoring Service (NAMS) in May 2012. ASCI had introduced NAMS to strengthen the process of tracking and reducing misleading advertisements which harm the interests of consumers.

    The proactive monitoring by NAMS of print and TV ads has helped in tracking a much wider number of misleading ads month on month. In relative terms, the number of ads against which complaints were received and processed by ASCI has jumped nearly five-fold from 177 in 2011-2012 to 784 in 2012-2013. Clearly, the NAMS initiative has helped in strengthening the ad self-regulation and complaint redressal process manifold.

    ASCI chairman Arvind Sharma said, “ASCI through NAMS has done path breaking work in tracking down and removing ads which make misleading, false or unsubstantiated claims. And the EASA Best Practice Silver award is recognition by the global ad Self Regulatory Organisations (SRO) that ASCI not only follows global best practices but also helps in innovating new ones. This recognition encourages us to further strengthen the professional and ethical standards in the ad industry to ensure responsible advertising and thereby protect the interests of the consumers.”

    The EASA awards were organised around EASA’s annual general meetings held in Milan which include technical meetings on self-regulation best practice and a workshop on social media.

  • ASCI upholds a record 99 complaints in January

    MUMBAI: Kicking off the new year, The Consumer Complaints Council (CCC) of the Advertising Standards Council of India (ASCI) upheld the highest ever number of complaints against misleading advertisements in January.

    Ninety-nine out of 108 complaints received have been upheld by the CCC. ASCI’s National Advertising Monitoring Service (NAMS) also contributed in tracking down the misleading claims made in ads in various sectors.

    ASCI said in a statement, “The NAMS initiative has helped in strengthening the self-regulation and redressal process manifold. The proactive monitoring has helped in tracking a wider numbers of misleading ads month on month. This is a positive development as it is helping to protect consumer’s interest in India.”

    The highest number of advertisements was pulled back in the healthcare segment with 28 complaints being upheld. The second highest number of complaints was upheld in the education sector with the CCC finding 22 advertisements misleading or making claims that are not substantiated by sufficient data. Sixteen advertisements in the personal care category, 10 in consumer durables segment, nine in the miscellaneous category, three each in the food and beverages and real estate segments and two advertisements in the media category were pulled up by the CCC as they were found to have contravened Chapter I.4 of the Code.

    The advertisers that were asked to pull out or modify their ads for the month of January included Star India, Whirpool, Natraj Electricals, Radikal Foods, Bennett Coleman Co Ltd, Tata Housing Frankfin Institute of Air Hostesses, Marico, Hindustan Unilever, Gillette and Rupa.

    Star India Ltd’s Star Cricket TVC shows “a boy with cricket bat jumping over a creek and his face changing to Chestshwar Pujara‘s”. The advertisement is trying to communicate that children who take risks turn into top cricketers. The element of risk is clearly visible when other children are shown astonished to see the feat of the boy jumping the creek. This scene clearly violates the ASCI Code. Also the shown jump seems morphed which accentuates the risk as normal child cannot jump such a broad creek.

    The CCC concluded that the boy jumping over small creek shows a dangerous practice and manifests a disregard for safety without justifiable reason. The TVC contravened Chapter III.3 of the ASCI Code and the complaint was UPHELD.

    BCCL’s ET NOW has a print advertisement that shows a comparison of viewership of some English business news channels in a stated target audience group and market. The primary objection is that the source of the data is not mentioned. Assuming that the source is TAM, the market share numbers stated in the graph are incorrect. The visual has pictures of people who are Engineers, Doctors, Entrepreneurs & Corporates whereas the TG stated for the graph is males, 25-44, Sec A which would include these professionals, students and non-working individuals as well. The CCC concluded that the source of the data substantiating the claim was not mentioned in the advertisement and the manner in which the comparative data was presented was misleading as the base level was not mentioned. The advertisement was found misleading and contravened Chapter I.4 of the Code. The complaint was, thus, upheld.

  • ASCI pulls up 11 ads in November 2012

    MUMBAI: The Advertising Standards Council of India (ASCI) upheld 11 of the 19 complaints it received against product advertisements in November 2012, including Emami‘s advertisement about Himani Sona Chandi Chyawanprash and Dainik Bhaskar‘s about its position in Bhopal.

    Complaints against advertisements by Bajaj Electricals and Havells India about their water heaters too were upheld by the Consumer Complaints Council (CCI) of ASCI.

    Of the 11 advertisements found misleading, three are from the healthcare category, two from home and personal care, one from education, three from consumer durables and one each from media and ‘others‘.

    A complaint against Signal Cavity Fighter toothpaste was not directed to consumers in India, and hence it was held to be outside the purview of ASCI.

    ASCI‘s National Advertising Monitoring Service (NAMS) helped in tracking down the misleading claims made by advertisers in various sectors.

    A complaint against Emami said its ad claims, “Take Himani Sona Chandi Chyawanprash every day for a strong body and razor sharp mind”, “Gold removes toxins to boost immunity power”, “Silver activates neurons to enhance memory and concentration”, “51 rare herbs protect from weather changes, pollution and general illness” and thus the advertiser should provide supporting technical submission, details of tests/trials conducted, with comparative data, in substantiation of these claims. The CCC concluded that the claims mentioned in the advertisement and cited in the complaint were inadequately substantiated.

    The complaint against Maruti Herbal‘s advert on Stay-On Capsules said that the advertiser claimed, “Stay – On Cap & Oil contains ginseng, shilajit, salampanja, valuable herbs and bhasmas that keep you energetic and powerful and makes you muscular,” but there was no data provided to substantiate the same with proof of efficacy. The CCC concluded that the claims mentioned in the advertisement and cited in the complaint were not substantiated. Also, the advertisement violated The Drugs & Magic Remedies Act and contravened Chapters I.1 and III.4 of the Code. The complaint was thus upheld.

    The third advertisement to be held misleading in the healthcare category was Diwan Chand Imaging and Research Centre‘s Stan Health Check Programme. As per the complaint, the advertiser claims that, Diwan Chand Imaging & Research Centre “has the most advanced diagnostic modalities” and “Is India‘s first integrated diagnostic chain of imaging network”. These claims however are not substantiated with scientific evidence or proof of efficacy along with appropriate statistical and support data. The advertiser provided proof of the installation of the latest state of the art ultrasound machine. The claim, “have the most advanced diagnostic modalities”, was substantiated. This part of the complaint was not upheld. In the absence of comparative data, the CCC concluded that the claim, “Is India‘s first integrated diagnostic chain of imaging network”, was not substantiated and in this regard, the advertisement contravened Chapter I.1 of the Code and the complaint was upheld. The advertiser has subsequently modified the advertisement.

    Amara Remedies Limited‘s advertisement for Elavo Toilet Seat Sanitizer Spray was also considered misleading by the CCC. The advertisement claims, “Spray Elavo on toilet seat and enjoy a 99.9 per cent safe toilet experience in just 5 seconds.” Though the claim, “Spray Elavo on toilet seat and enjoy a 99.9% safe toilet experience” was substantiated, he advertisement though fails to substantiate the claim of being effective within five seconds with proof and efficacy, research data along with other appropriate support data. The complaint was thus upheld.

    The complaint against Silvermaple Healthcare Services Pvt Ltd‘s advertisement on Direct Hair Implantation was pulled up for contravening Chapter 1.1 of the Code. The advertisement headline states, “No one gets you your hair back like DHI”. Also, the advertisement claims that DHI “is the best hair restoration treatment in the world with Total Care System” .These claims need to be substantiated with statistical and other necessary data. In the absence of scientific data from the advertiser, the CCC concluded that the claims mentioned in the advertisement and cited in the complaint were not substantiated and thus the complaint was upheld.

    The advertisement by CADD Centre Training Services Pvt Ltd was also pulled up for misleading content by ASCI. The advertisement claims, CADD Centre “is Asia‘s No.1 CADD Training Company”. The claim needs to be substantiated with comparative data of other leading training institutes, certification and other necessary data. The CCC noted that CADD Centre Training Services is the largest network of dedicated CADD training centre in whole of Asia with over 300 training centres spanning across 13 countries in Asia and Africa. In the absence of comparative data, the claim, “Is Asia‘s No.1 CADD Training company” was not substantiated. The advertisement was found to contravene chapter i.1 of the code and the complaint was upheld. The advertiser has subsequently modified the advertisement.

    Luminous Water Technologies Pvt Ltd‘s advertisement of Livpure RO Water Purifier was found to have plagiarised content. The TVC states that Livpure Water Purifier gives “Duniya ka sabse shudh pani”. Kent Water Purifier‘s last campaign was based on the key proposition that Kent provides “Duniya Ka Sabse Shudh Pani”. This has been carried out in all their communication material since 2011 consistently. The complaint pointed out that this was a blatant copy of the same proposition and a gross violation of Kent Water Purifier‘s brand property. The CCC concluded that the tagline of Livpure Water Purifier that it gives “Duniya ka sabse shudh pani” was similar to the tagline of Kent Water Purifier so as to suggest plagiarism. The advertisement contravened Chapter IV.3 of the Code and the complaint was thus upheld. The advertiser has subsequently modified the advertisement.

    Bajaj Electricals Ltd‘s Bajaj Water Heater advertisement was found misleading on some counts. As per the complaint, the advertisement claims, Bajaj Water Heater is “India‘s No. 1 water heater”, “Bajaj Rapidotherm Water Heaters‘ powerful heating coil helps heat water 50% faster than any other water heater”. The CCC said these claims need to be substantiated with scientific evidence, comparative analysis data, and safety data along with appropriate support data. The CCC concluded that the claim that Bajaj Water Heaters is “India‘s No. 1 Water Heater” was substantiated on the basis of a syndicated retail audit done by independent market research company and thus this part of the complaint was not upheld.however, the advertisement‘s claim that “Bajaj Rapidotherm Water Heaters powerful heating coil helps heat water 50% faster than any other water heater” was not substantiated with comparative data of other water heaters of the same electrical rating (3000 watts). The advertisement thus contravened Chapter I.1 of the Code and the complaint was upheld. The advertiser has subsequently modified the advertisement.

    Havells India Ltd‘s advertisement of Havells Water Heater was found to be exaggerated and misleading. The advertiser has claimed “24 Hours Hot Water in Just ? unit of electricity”. The interpretation of this is that, one will get 24 hours hot water supply for usage in just ? KWH of electricity. The complainant found out that ? unit electricity is consumed by the geyser for keeping the water, already heated and stored inside, warm at a particular temperature for 24 hours if no water is drawn out for usage. The claim is hence highly exaggerated and misleading. The TVC also claims, “24 Ghante On Rahe to bhi Sirf ? unit bijli lage To Off Kyun Kare?” This is true only in the case where the water geyser is not used through the day. This claim is also misleading as the consumption of electricity would be considerably higher on usage of the water heater. The CCC concluded that the claim that “24 Hours Hot Water in Just ? unit of electricity” is misleading as it does not account for heating of water from ambient conditions to hot conditions. The advertisement contravened Chapter I.4 of the Code and the complaint was upheld. The advertiser has subsequently modified the advertisement.

    The Dainik Bhaskar Group has once again been pulled up by the CCC. As per the complaint, “Dainik Bhaskar is making a comparison on the basis of Net Paid circulation as per market estimates treating Patrika newspaper on 1/8th position in respect of circulation in the city of Bhopal. The remarks are totally untrue and baseless as the basis on which the comparison was said to be made was not shown in the advertisement nor the publication Dainik Bhaskar has stated the name of any agency on which such comparison was made. As evident from the website of DAVP, the circulation data of Dainik Bhaskar (as provided by RNI) and circulation data of Partika newspaper (as provided by Audit Bureau of Circulation (ABC) are almost equal but despite of the above fact Dainik Bhaskar have diminished the circulation size of Patrika newspaper to the extent of 1/8th as shown by the graphical comparison.” The CCC concluded that the claim that Dainik Bhaskar “had 8 times more Net Paid Circulation than Patrika in the city of Bhopal”, was not substantiated with ABC/RNI or IRS Data, and was misleading and thus the complaint was upheld. The advertiser has subsequently withdrawn the advertisement.

    Central UP Gas Limited‘s advertisement on CNG was pulled up by ASCI. As per the compliant, “Central UP Gas Ltd (CUCL) CNG”, is 100% Safe”. The claim needs to be substantiated with scientific evidence.The CCC concluded that the claim, “100% safe” was not substantiated with scientific evidence. The advertisement contravened Chapter I.1 of the Code and the complaint was upheld. The advertiser has subsequently modified the advertisement.

    During the month of November, the CCC also received complaints against 7 advertisements. The complaints were received against the advertisements of Emami Ltd‘s ‘Himani Fast Relief‘, Ranbaxy Laboratories Limited‘s ‘Revital Capsules‘, Cure Spect‘s ‘Eye Care‘, L‘OREAL INDIA PVT LTD‘s ‘Inoa Hair colour‘, PARLE PRODUCTS P. LTD‘s ‘Parle Londonderry‘, MICROMAX INFORMATICS LTD‘s ‘Micromax Ninja 3.5 & Ninja 4‘, Dabur India Limited‘s ‘Dabur Chyawanprakash Sugar Free‘. However, as these advertisements did not contravene ASCI‘s codes or guidelines, the complaints were not upheld.

  • ASCI’S NAMS doubles number of misleading Ads monitored in 6 months

    MUMBAI: Advertising Standard Council of India‘s (ASCI) National Advertising Monitoring Service (NAMS) has succeeding in increased monitoring of misleading advertisements.

    In the six months of its existence, NAMS has doubled the number of misleading ads registered with Consumer Complaints Commission (CCC). It did not give the number of complaints filed against misleading advertisements. It, however, said the number of ads against which complaints have been upheld has jumped from 177 over full year last year to 205 within six months from May to October 2012.

    NAMS has been rigorously tracking most of the advertisements being released across print and television.

    ASCI chairman Arvind Sharma said, “This is a commendable milestone for the The National Advertising Monitoring Service‘ initiative introduced by ASCI, as we have been successful in doubling the number of misleading ads tracked within a very short period. NAMS is equipped to closely scrutinise a wide range of ads, thus preventing the exposure of misleading communication. We are confident that NAMS initiative will go a long way in not just helping the ad self-regulation redressal process manifold, but also in safeguarding the interest of Indian consumers.”

    The CCC has upheld 16 out of the 23 complaints against advertisements from various sectors it received for the month of October. Of these, six were from the education sector, two each from personal care, healthcare and media sectors and one each from the food and beverages, and insurance sectors.

    The CCC has upheld a complaint against Glaxosmithkline Consumer Healthcare Ltd. The complaint against Glaxosmithkline advertisement said that the print advertisement claimed that it was ‘1 Health Drink, 5 Proven Benefits‘, ‘Clinically proven‘ accompanied by the statement ‘claims based on a study by NIN Hyderabad comparing micronutrients enriched beverage vs non-fortified placebo‘ which was misleading and unsubstantiated as it does not disclose the year in which the said study was conducted and fails to disclose whether the product tested as part of the study was Horlicks. The complaint further agrued that the statement, “In an extensive 14-month clinical research involving 869 kids, half the kids were given Horlicks with milk and the other half kids were given an ordinary health drink. As a result of this study, Horlicks kids were found to have more bone area, more muscles, better concentration, more active nutrients and healthier blood. Making Horlicks India‘s only health drink shown to improve 5 signs of growth in children”. “Making Horlicks India‘s only health drink & shown to improve 5 signs of growth in children”, is false and misleading.

    The CCC ruled that the advertiser has failed to disclose the source of any well researched / accepted literature or reputed institute that suggests or recognizes these signs as “signs of growth”. The advertisement does not disclose the manner in which Horlicks provides comprehensive nutrition as has been claimed in the advertisement. The recommendation of Horlicks in every glass of milk is in contradiction with its own recommendation on the pack of Horlicks. Whereas the Horlicks pack, which also makes the same claim of 5 signs of growth, recommends Horlicks to be taken either in milk or water, both the print and the electronic advertisement recommend that Horlicks be taken with milk. The CCC noted that five out of the seven claims did not follow the guidelines prescribed by ASCI and therefore upheld the complaint.

    Cadila Healthcare Limited‘s Everyuth Natural Fairness Face Wash fell into trouble for its claim that it is the only one to have active mini capsules that clear the skin and make it look fair. The complainant argued that the advertiser needs to provide scientific proof and comparative data in substantiation of the claim. The data submitted by the advertiser is not a technology unique to them. The CCC concluded that the scientific data provided did not adequately support the claim that Everyuth Natural Fairness Face Wash “is the ONLY one to have active mini capsules that clear the skin and make it look fair”. The advertisement contravened Chapter I.1 of the Code and was upheld.

    HUL‘s Pepsodent Expert Protection Toothpaste print advertisement was found to disobey the Guidelines on Supers Size prescribed by ASCI. As per the complaint about the print advertisement, the complainant got the impression that she does not need to use dental floss or mouth wash as Pepsodent Expert Protection Toothpaste claims to provide the same equivalent benefits. On minutely going through this print advertisement, it shows a postscript at the end of the same which cannot be read at all. The CCC upheld the complaint and noted the advertiser‘s assurance that they have stopped the advertisement.

    The CCC upheld the complaint against IVYGMAT which offers GMAT Prep Course. The advertisement claimed that 356 students scored in the range of 760-790 marks in the last one year. It further said, “Train with the perfect 800 score trainer with minimum official GMAT Score”, and “The only trainer in India with a verbal score of 99th percentile.” The complaint found the claims to be false as the advertiser did not substantiate them with supporting data. The CCC concluded that the claims made in the advertisement and cited in the complaint were inadequately substantiated.

    The Institute of Finance and Accounts claimed 100 per cent job guarantee. According to the complaint, the advertiser‘s claim needs to be substantiated with statistical and other necessary data. The CCC agreed and found the advertisement contravened Chapter I.1 of the Code and upheld the complaint.

    The complaint against VPM Classes said that the advertiser‘s claims of being ‘India‘s no.1 coaching institute for higher education, having 800+ selections in MSc/ PhD/ MTech exams‘ and having ‘India‘s best performance in NET/IIT JAM‘ need to be substantiated with statistical and other necessary data. The CCC concluded that in the absence of comparative data of other institutes, the claims were not substantiated thus breached Chapter I.1 of the Code and the complaint was upheld.

    The NIBM PO Maker Institute‘s advertisement claimed that it has an important role in providing placements to more than 1,000 students during the last ten years and also claims to have been honoured as No. 1 in Jharkhand. The complainant argued that these claims need to be substantiated with statistical and other necessary data which the CCC agreed to and upheld the complaint considering it to disobey Chapter I.1 of the Code.

    In the complaint against Sky Academy the complainant argued that the advertiser‘s claim to be ‘India‘s No.1 Air Hostess/Flight Stewards Training Institute & offers 100% job placement‘ need to be substantiated with statistical and other necessary data. The CCC concluded that the claims mentioned in the advertisement and cited in the complaint, were not adequately substantiated. The complaint was upheld.

    Electronic Technology and Telecommunication‘s TVC claimed that ET & T ET & T-VC training provided in the institute helps earn 30k-40k per month. Here to the claim was found unsubstantiated with necessary statistical data and was upheld.

    Two complaints were reported against VLCC Personal Care Ltd for its advertisement on VLCC Health Care Shape Up and VLCC Shape Up Waist and Tummy Trim Gel. The basis of the complaints was that the ads were not substantiated with statistical and other necessary data to support their claims and were thus upheld.

    In the complaint against Dainik Divya Marathi the complainant argued that the ad claimed that the publication is No.1 in terms of circulation and readership. The advertiser has provided `In-house MIS‘ and `IMRB‘ as the source of their claim. The figures are neither supported by the Audit Bureau of Circulation nor by the IRS. Also, they have provided incorrect advertising market share figures for various categories without mentioning any source. Thus the figures are intentionally misleading. The CCC noted the contents of the brochure and concluded that the advertisement – brochure contravened Chapter I.1 of the Code and upheld the complaint. The CCC noted the advertiser‘s response that the said brochure has already been withdrawn.

    The other complaints that were upheld were against Max Life Insurance (Shiksha Plus II child plans), Alda Chimney and Sahara India TV Network all found to have contravened Chapter I.1 of the Code. The last advertiser was also found to have flouted Chapter I.4 of the Code.

    During the month of October, the CCC received complaints against seven additional advertisements. The complaints were received against the advertisements of Preethi Kitchen Appliances Pvt Ltd‘s ‘Preethi Mixer Grinders‘, Modi Naturals Limited‘s ‘Oleev Active Oil‘, Okaya Power Ltd‘s ‘Nasaka Xtra Pure Water Purifier‘, Nails Arina, Om Sai Ayurved India Ltd, Cadbury India Ltd (*)‘S ‘Cadbury Dairy Milk‘, Johnson & Johnson Ltd‘s ‘Listerine Mouthwash‘ . However, as these advertisements did not contravene ASCI‘s codes or guidelines, the complaints were not upheld.

  • HUL’s 2 ads pulled up, ASCI upholds 21 more

    MUMBAI: HUL‘s two ads, Rin detergent powder and Pepsodent Germicheck Magnet, have run into trouble with India‘s advertising watchdog, ASCI.

    As per the complaint, the TVC of Rin claimed that “only Rin has yellow fighters that brighten dull yellow clothes”. The Advertising Standards Council of India (Asci) concluded that the claim is false and misleading as it is not the only detergent to do so the ad contravened Chapters I.1 and I.4 of the Code.

    This is not the first time HUL has been pulled up for advertising Rin. In 2010, the FMCG giant had run into legal problems due to its ad that compared Rin with Tide. P&G, the company that owns Tide, had taken HUL to court and the High Court had issued a stay order on the said ad.

    HUL‘s second ad that got punished was for its Pepsodent brand. The complainant said that Pepsodent Germicheck pack that he brought which was 200g for Rs 64 had an offer of Pepsodent G 40g free. The free 40g toothpaste is not Pepsodent G, which is better quality toothpaste, but the free 40g toothpaste is also Pepsodent Germicheck. This is a promotion gimmick. The promotion message on the pack was misleading and contravened Chapter I.4 of the code.

    The Consumer Complaints Council (CCC) of the ASCI upheld complaints made against 23 advertisements out of 30 during August.

    The upheld ads were from various sectors like Education, Healthcare and FMCG with media houses. During the same period it did not uphold complaints against seven such advertisements.
    According to ASCI, the increase in complaints is largely due to National Advertising Monitoring Service (NAMS) which continues to monitor and pick up a large number of misleading advertisements across sectors.

    HT Media‘s Hindustan ki Lehar was upheld too. As per the complaint, the advertiser claimed that Hindustan ki Lehar “has a circulation of 12 Lakh copies”. The CCC concluded that the claim, “Hindustan has a circulation of 12 Lakh copies”, was not substantiated by an independent research organisation. The ads contravened Chapter I.1 of the Code.

    Divya Bhaskar Group‘s three ads were upheld. The ads were – Divya Marathi, Twice the readership in Bhatinda and Ahead in readership in Patiala. As per the complaint, the promotional material of the advertiser claimed that Divya Marathi has five editions which are the “No.1 dailies by circulation”. The figures given are completely different from the circulation figures given by the ABC (Audit Bureau of Circulations) and are misleading. The publicity material contravened Chapter I.1 of the Code.

    Twice the readership in Bhatinda ad claimed that “their readership is twice that of competition in Bhatinda city” while ‘Ahead in readership in Patiala‘ ad claimed that “their readership is 20 per cent more than that of the competition in Patiala city”. The CCC concluded that the claims of the ads were not substantiated by an independent research organisation. They both contravened Chapter.I.1 of the Code.

    In Cavinkare‘s ‘Fairever Fairness Cream‘ ad, the advertiser claimed that Fairever Fairness has a natural fairness system with saffron, milk and wheat germ oil that prevents skin from darkening and gives clear smooth skin. The complainant said that the advertiser needs to give scientific proof in substantiation of these claims. In the absence of scientific proof, the CCC concluded that the claim, “the cream prevents the skin from darkening”, was not substantiated. The advertisement contravened Chapter I.1 of the Code. It was upheld.

    Ultratech India‘s ad- 18 Again – Vaginal Tightening and Rejuvenation Cream was upheld. As per the complaint, ‘‘18 Again‘‘ claims vaginal tightening and rejuvenation of the vagina and it says “Feels like a virgin”. The TVC also shows an old lady ordering the product. The entire TVC represents vulgarity, in light of the generally prevailing standards of decency and propriety, which would cause widespread offence particularly among women. The advertisement contravened Chapter II of the Code.

    In education sector the ads that were upheld were that of EMDI Institute Of Media & Communication, Mangalayatan University, NIFE Institute Of Engineering, Sigma Institute Of Management and Technology and M S Ramaiah Institute Of Technology.

    TVC Sky Shops‘ Dr. Slim Tea print ad claimed that Slim Tea being an herbal tea can help lose weight effectively. The CCC concluded that the claims made in the ad and cited in the complaint were not substantiated with clinical trials. Since the ad contravened Chapter I.1 of the Code, the complaint was upheld.

    TVC Sky Shop‘s another ad on Full Gliding LG Touch Screen was upheld. As per the complaint, the Complainant ordered an LG mobile phone from TVC Skyshop in May 2012 for a special offer price of Rs 5890 plus Rs 250 for delivery charges. The phone was delivered two weeks later but the phone supplied was not an LG phone but some other brand. The touch screen was not working properly and the QWERTY key pad numbers were not functional. The pouch supplied did not fit the phone. The CCC concluded that the mention of the LG logo contravened Chapter IV.2 of the Code – “Advertisements should not make unjustifiable use of the name or initials of any other firm, company or institution, nor take unfair advantage of the goodwill attached to the trademark, or symbol of another firm”.

    In healthcare sector the ads that were pulled out were of Lida Slimming Pills, Global Heart Foundation, Obecu Capsule (Nirmeeti Health Care), Telebrands India‘s Chimaxx Daily Walke and Sanchi Namkin & Sada Matta (Bhopal Sahakari Dugdh Sangh Maryadit).

    Brad Eye Glass Remover ad that claimed- “Remove eyeglass with 100 per cent Ayurvedic eye drops”, “Helps reduce eyeglass 0.5 per month”, “Helps remove cataract without operation”, “Helps diabetes patients, darkness”, “No side effect”. The ad misleads eye patients into not using eyeglasses and to rely on the eye drops. The ad also misleads diabetics into rely on this product. The print advertisement claims and the website claims need to be substantiated with data from independent research. The CCC concluded that the claims made in the advertisement and cited in the complaint were not substantiated. The ad contravened Chapter I.1 of the Code. The complaint was upheld.

    Sistema Shyam Teleservices‘ MTS Mblaze ad was upheld. As per the complaint, the advertiser claims to be India‘s Fastest Internet service provider. The CCC concluded that in the absence of comparative data, the claim “India‘s Fastest Internet service provider” was not substantiated. The advertisement contravened Chapter I.1 of the Code.

    In Farmtrac 40 Tractor‘s ad there is a wrong interpretation of the concerned product feature. The ad compares wheel base of the two tractors, and claims that Farmtrac 40‘s slightly longer wheel base provides better stability in haulage work. The CCC concluded that the comparison of the two tractors on only a few factors is likely to mislead consumers that the Advertiser‘s product is better than the complainant‘s. The ad was misleading by omission and contravened Chapter I.4 of the Code. The complaint was upheld.

    During the month of August, the CCC also received complaints against seven print ads. The complaints were received against the ads of “Whirlpool Cooking Appliances”, “Massey Ferguson Tractors”, “Hemor Rite”, “Metro Group of Hospitals”, “Graphic Era University”, Best Brown Rice, Mohak Hi-tech Speciality Hospital. However, as these advertisements did not contravene ASCI‘s codes or guidelines, the complaints were not upheld.

  • ASCI upholds 25 out of 38 ad complaints

    MUMBAI: Hindustan Unilever Ltd‘s (HUL) Pepsodent Germicheck Magnet and Ponds Gen White advertisements and Glaxosmithkline Consumer Healthcare‘s Boost advertisement were among those which were disapproved by the Consumer Complaints Council (CCC) of the Advertising Standard Council of India (ASCI) in July.

    These were among the 25 advertisements against which complaints were upheld by the council. The council had in July received a total of 38 complaints against advertisements by companies from various sectors including education, healthcare, FMCG and food.

    The council upheld complaint against HUL‘s Pepsodent Germicheck Magnet ad. As per the complaint, the TVC claimed that Pepsodent Germicheck Magnet toothpaste “is better than the well-known toothpaste”. The council concluded that the Survey Report submitted by the advertiser does not substantiate the claim made in the ad. The ad contravened Chapter I.1 of the advertising code.

    Another ad of HUL that came under scanner was that of Ponds Gen White. As per the complaint, the TVC claimed that Ponds Gen White is the first cream which adapts to skin type and gives spotless fairness. The council said the advertiser needs to substantiate these claims with scientific and comparative data. It concluded that the claim was not substantiated adequately and hence, the ad contravened Chapter I.1 of the code.

    A complaint against Glaxosmithkline Consumer Healthcare‘s Boost‘s ad was also upheld. As per the complaint, the TVC claims that “the consumption of Boost not only increases oxygen consumption but gives three times more stamina”. The CCC concluded that the claim, “Boost gives three times more stamina”, is misleading by reason of ambiguity. The ad contravened Chapter I.4 of the Code.

    The complaints against other ads that were upheld in the healthcare category were Jyothy Laboratories‘ Maxo Max Power Liquid.

    The number of advertisements examined by the council has more than doubled from an average of less than 15 every month to 38 in July, since the formation of National Advertising monitoring Service (NAMS).

    Through NAMS, ASCI has received complaints against 131 advertisements in just one quarter, about 76 per cent more than the complaints against advertisements (177) in the last one year.

    A complainant against Euro Fashion Inners‘ television commercial (TVC) said it offended decency and appeared vulgar and suggestive. The CCC concluded that in the light of generally prevailing standards of decency and propriety, the TVC was likely to cause grave or widespread offence. It contravened Chapter II of the Code and was Upheld. The CCC noted the advertiser‘s advice that the campaign concluded in mid-June and the said commercial is not on air presently.

    In healthcare category, a complaint against Ranbaxy Laboratories‘ Revital Woman ad was upheld. The council concluded that in the absence specific scientific data, the claims made in the advertisement and cited in the complaint were not substantiated. The advertisement contravened Chapter I.1 of the Code.

    There was a complaint against Knorr Soupy Noodles ad‘s claim that one crore children like it. According to the complainant, the advertiser needs to provide statistical proof in substantiation of the claim. The council considered the data submitted by the advertiser, and concluded that the claim “1 crore children like Knorr Soupy Noodles” was not substantiated adequately. The advertisement contravened Chapter I.1 of the Code. The complaint was upheld.
    The complaints that were upheld were against ads of Career Launcher – CSAT Classroom Program, Oriental Group Of Hotel Management Institute, Tara Homeopathy Clinic, Umalaxmi Organics, Western Institute of Technology, Footwear Design and Development Institute, Dr K K R Gowtham International School, Flair Writing Instruments and The Kavery Engineering College.

    A complaint against Fair and Kwick Fairness Cream‘s ad was upheld too. The council concluded that, in the absence of technical data, the claims made in the advertisement (Cream cleans the face deeply, removes spots, softens the skin) and cited in the complaint were not substantiated. The advertisement contravened chapter I.1 of the code.

    A complaint against the print advertisement of Shopping India Times luring customers to purchase products through telephone was also upheld. A customer who purchases products by using a credit card was entitled to get free Indiatimes gift coupon worth Rs 250. The advertiser cannot or is unable to fulfill the promises made in the print advertisement. The advertisement is false and misleading. The council noted the correspondence between the advertiser and the complainant and concluded that the inordinate delay in sending the promised gift coupon did not amount to an unintentional lapse in the fulfillment of the advertised promise. The advertisement contravened chapter I.7 of the code.

    Another complaint that was upheld was against the advertisement of Dhathri Hair Care Range. As per the complaint, the print ad claims that Dhathri Hair Care Plus Herbal Oil stops hair fall, it gives nourishment till the roots of the hair and stops hair fall within few weeks, contains high percentage of dye content which acts as a natural agent in hair colour, indigofera tentoria, bajeracoeniji, datura metal, cardiosperumhelikakadum and other 21 ayurvedic herbs are added in pure coconut oil to prepare Dhathri hair oil. The CCC concluded that the claims mentioned in the advertisement and cited in the complaint were not substantiated. The advertisement contravened chapter 1.1 of the code.

    The print ad of Cosmetic Surgery Clinic claims that, after hair transplant there will be a natural growth of hair. They also claim that with liposuction there will not be any reformation of fat in the body. The advertiser needs to provide scientific proof and supporting clinical information with details of reports of tests/trails conducted by an independent recognised testing institution. The CCC concluded that the claims mentioned in the advertisement and cited in the complaint were not substantiated. The advertisement contravened Chapter I.1 of the code. The complaint was Upheld.

    Yash Ayurvedic & Non Surgical Clinic‘s print advertisement claims things like that it cures diabetes within 90 to 120 days, give relief within 7 days from knee and joint pain, treats asthma and piles in 10 days. The advertiser needs to substantiate these claims with supporting clinical information and with details of reports of tests/trails conducted by an independent recognised testing institution. The CCC concluded that the claims mentioned in the advertisement and cited in the complaint, were not substantiated. The advertisement contravened Chapter I.1 of the Code. The complaint was Upheld.

    As per the complaint, the Ayurved Bhavan‘s print advertisement claims that one can see an effect in seven days after treatment from Ayurved Bhavan and also reduction in creatinine and urea, fastest increase in haemoglobin. The CCC considered the lab reports of a few patients sent by the advertiser, and concluded that the claims mentioned in the advertisement and cited in the complaint, were inadequately substantiated. The advertisement contravened Chapter I.1 of the Code. The complaint was Upheld.

    Passport Spray‘s ad shows “a mother sending her young son for delivering some gifts to the neighbour who is a young adult lady. She opens the door on arrival of the boy. She then seduces him and takes him inside the house. After a while the mother is shown on the door enquiring about her son, and the son is putting on his clothes”. The advertisement ‘has crossed all limits of vulgarity. The advertisement will have a bad impact on the children,‘ the complainant said. The CCC concluded that, in the light of generally prevailing standards of decency and propriety, the TVC was likely to cause grave or widespread offence. The advertisement contravened Chapter II of the Code. The complaint was Upheld. The CCC noted the advertiser‘s assurance that they have modified the TVC appropriately.

    The CCC also upheld Veg Fru Wash‘s ad. The CCC concluded that the claim, Veg Fru Wash “kills pesticides, bacteria and viruses from all fruits and vegetables”, was not substantiated. The advertisement contravened Chapter I.1 of the Code.

    During the month of July, the CCC also received complaints against three print advertisements and 10 television commercials. The complaints were received against the advertisements of “Smart Prep‘s Guidance & Expert Training‘‘, “Nestle Neslac‘‘, “Brainwork‘s Learning Systems Pvt Ltd ‘‘, “Eshwar Trust‘‘, “UTV Stars‘‘, “Lovable Lingerie‘‘, “Fast Track Bags‘‘, “Vivel Active Fair‘‘, “Aquaguard‘‘, “Dettol Liquid Hand Wash‘‘, “Vera Mustard Oil‘‘, “Himani Navratna Extra Thanda‘‘ and “AVJ InfoTech Pvt Ltd.‘‘ However, as these advertisements did not contravene ASCI‘s codes or guidelines, the complaints were Not Upheld.