By A Correspondent
In January 2013, the Consumer Complaints Council (CCC) of ASCI upheld the highest ever number of complaints (99 out of 108 advertisements).
ASCI’s National Advertising Monitoring Service (NAMS) initiative has helped in strengthening the self-regulation and redressal process manifold, with proactive monitoring helping in tracking a wider numbers of misleading ads month on month.
CONSUMER DURABLES
– Bajaj Electrical Ltd’s Bajaj Water Heater print advertisement made claims like “You no longer need to kill time waiting for hot water”, “This gives 50% more energy saving”, “Bring home India’s no.1 water heater today”. The advertiser has substantiated the claim of being “India’s No.1 water heater” in terms of sales. Complaint against this claim was NOT UPHELD. Whilst water can be heated quickly by water boilers, the same is not true for water heaters. The claim that, “You long need to kill time waiting for hot water”, was thus considered misleading. The advertisement contravened Chapter I.4 of the Code. The complaint was UPHELD.
– Complaints against the following claims made in print advertisements by nine different advertisers were upheld by CCC:
– Whirlpool of India Limited’s Whirlpool Neo 1 Chill claimed that “gives 40% faster cooling”.
– Cata Appliances claims that it “provides 98% assured return”.
– Powercone Systems Pvt Ltd’s Powercone Ups/Inverter claimed receiving the “Best brand award winner”.
– Elica Pb India Pvt Ltd’s Elica Home Appliances claimed being “the World’s No.1 chimney company”.
– SRK Enterprises’s Inphynyt Battery claimed being “India’s 1st Nonstop Warranty Battery”.
– Ajoria Appliances P. Ltd’s Kutchina Vogue Auto Clean Chimney claimed that “it is India’s first Auto Clean Chimney”; “it absorbs more” and “does not make noise”.
– Nataraj Electrical’s Legrand claimed being “the largest electronic kingdom”.
– Shri Balaji Kitchen Concept’s Faber Range claimed being “India’s No.1 kitchen chimneys” and have “Baffle Triple Advantage”.
– Nataraj Atta Chakki’s Natraj Aatamaker claims being “No.1 domestic flour mill brand”, being the “ISO 9001:2008 Company”, “the only Indian kitchen appliance which has revolutionized over a period of time”.
All the above claims made in their print advertisements needed to be substantiated with the necessary support data, market research and analysis/data. The CCC concluded that in the absence of comparative data, the claims mentioned in the advertisements and cited in the complaints were inadequately substantiated. The advertisements contravened Chapter I.1 of the Code. These complaints were upheld.
FOOD & BEVERAGES
– Ruchi Soya Industries Ltd’s Nutrela Table Spread’s hoarding has the headline, “Zyaada Lagao, Bindaas Khao”. The advertisement also shows “a picture of a child eating Nutrela Spread”. This advertisement violates the ASCI Code’s Food & Beverage guidelines for advertisements directed to children. Ads should not show over-consumption, and in fact, should reflect moderation in consumption. The headline unambiguously promotes over-consumption with the use of the words “bindaas khao” and “zyaada lagao”, and over-consumption of any food is not healthy. The product may be cholesterol free but may not be 100% fat free and surely does not have zero calories. The CCC concluded that the headline, “Zyaada lagao, Bindaas Khao” does not reflect the need to show moderation in food consumption and thus violates Clause 4 of the guidelines on Advertising of Food & Beverages of the ASCI code. The complaint was upheld.
– Radikal Overseas Pvt Limited’s Radikal Premium Basmati Rice claimed being “low in fat and healthy in carbohydrates because of which there is no need to exercise” in their TVC.
– Gulab Oils & Foods Pvt Ltd’s Gulab Oil claimed that it is “No.1 in Gujarat” in their print advertisement.
In the case of Radikal Overseas ad, the CCC concluded that the statement that “there is no need to exercise if one consumes the product” does not encourage appropriate physical activity and is in contravention of the Guidelines on Advertising of Food & Beverages. In the absence of comments from Gulab Oils and Foods, the CCC concluded that the claim “No.1 in Gujarat” was not substantiated. The complaints were upheld.
MEDIA
– Star India Limited’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. The complaint was upheld.
– Bennett, Coleman & Company Limited’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 misleading and contravened Chapter I.4 of the Code. The complaint was upheld.
REAL ESTATE
The following ads were upheld by CCC for making the same claim:
– Tata Housing Development Co Ltd La Montana’s, leaflet clearly mentions that it is strategically located near Pune in the lush green landscape of Talegaon.
– Winsome Realty & Infrastructure Redefine Housing’s Orchid City print hoardings state similar claims like the project site in in Talegaon.
– Mas Creations Natura’s print hoardings state similar claims like the project site in Talegaon.
Factually and geographically, the project sites of all three come under Vadgaon city. By showing the project site in Talegaon instead of Vadgaon, they are trying to earn more money as the rate is very high in Talegaon from that of Vadgaon. The CCC concluded that as the sites were in Vadgaon and not Talegaon, mentioning the site name as Talegaon was misleading. The advertisement hoardings contravened Chapter 1.4 of the ASCI Code. The complaints were upheld.
EDUCATION
– Shri Chaitanya College Of Nursing & Paramedical Science “gives 100% Job Guarantee” “is recognized by Indian Nursing Council New Delhi, State Nursing Council Bhopal, MP Shashan Chikitsa Shiksha Vibhag, Paramedical Council Bhopal”. Since the ad did not specify the present year in which the guarantee of job placement can be given, the CCC concluded that the advertisement was misleading. The advertisement contravened Chapter I.4 of the Code. The complaint was upheld.
– EMDI Institute Of Media & Communication claimed being the “Best Business Communication School of the Year 2011- 2012″& gives “Guaranteed Internships”.
– Pinnacle Academy Of Fashion & Management claimed being “Himachal’s best fashion technology institute” and giving you “guarantee of better future and better job”.
– CADD Engineer print advertisement claims that it “India’s No.1”, “Run under government recognized and registered Education Society”.
– Buddha/ Bhabha Institute Of Technology claimed that it “provides 100 % assured placement in companies of National & International repute”.
– Institute Of Hotel Management & Catering Technology print advertisement claimed saying that it “India’s 1st Private Hotel Management Institute”.
– Patel Group Of Institutions states that it is awarded “Best for Best Faculty, Best Result and Excellent Placement”.
– Sri Sai Institute Of Technology & Science “provides 100% placement” is a misleading claim stated in their print advertisement.
– Taaleem College Of International Studies makes tall claims like being “India’s First and only College to have Adoption (Condition Offer) from first month of the enrollment of the course, leading to final placements by same companies” & also being “India’s First and Only college to have ONLY International Faculty and Collaborative Learning Space (CLS) along with Face-to-Face platform, providing flexibility in learning” in their print advertisement.
– Teerthanker Mahaveer University’s print advertisement claims that it “has a Golden Record of 100% Placement”.
– V Etri JVR-BIM Coaching Centre’s print advertisement claimed that “100s of our students are in government offices and banks”.
– The George Telegraph Group’s George Telegraph Training Institute’s print advertisement claimed that it gives “100% Job Guarantee”.
– The TVC’ of DRISHTI MULTIMEDIA & TECHNICAL EDUCATIONÂ claims that it “provides 100% Placement”.
– Vivekananda Degree & PG College’s TVC says that it “Is ranked No.1″institute.
– “Hindustan Marine Institute of Professional Studies”& “Prestige Institute of Management Dewas” both claim to be providing 100% placement assurance in their print advertisements.
– eDrishyaa IT India Pvt Ltd’ SAP Gateway to a successful career claims “100% assured job (Min 4 lakhs per annum)”.
– The Tourism School TVC “gives 100% guarantee of job”. These claims need to be substantiated with necessary support data, and proof of placements.
– National Institute Of Interior & Fashion Technology makes a claim that NIIFT “provides 100% placement since its inception”.
– Paradise Polytechnic College claims providing “100% Placement Guaranteed in MNCs for all class students of first and second year”.
– CMS Computer Education claims being “India’s No. 1 Job oriented Career Program CCNS V.6”, giving “Scholarships upto 100%”, claims that M M College (Kasganj) “provides 100% job guarantee in writing on stamp paper” in their print advertisement.
– IPSR Group Of Educational Institutions’s claims that IPSR Group of Educational Institutions has received “Best Institute Award 2012, Management Leadership Award 2012″and gives “100% Job guarantee from our campus”. These claims need to be substantiated with necessary support data, documentation, certification and past records.
– Frankfinn Institute Of Air Hostess makes claims like “Partner with the World’s No. 1”, “High returns in 12-18 months”, “Low gestation period”, “ASSOCHAM, awarded Frankfinn as ‘The Best Training Institute’ in 2012 & 2011”, “All courses accredited by ICM, UK”, “Limca book of records certified Frankfinn for best cabin crew placements” and “Exclusive strategic training tie up with Jet Airways”.
All these claims made by the advertisers need to be substantiated with necessary support data, documentation and past records. In the absence of comments from the advertiser, the CCC concluded that the claim mentioned in the advertisement and cited in the complaint, was not substantiated. The advertisement contravened ASCI Code’s Guidelines for Advertising of Educational Institutions and Chapter I.1 of the Code. All above complaints were upheld.
PERSONAL CARE
– Gillette India Limited’s Gillette Guard and Oral B Tooth Brush T.V. commercials are complained about for making misleading claims. “Gillette Guard” TVC claims, “One blade works for one month” & “Oral B Tooth Brush” TVC claims “Has the support of over ten thousand Dentists across India”, “Over 1 crore Indians have taken the pledge of Oral B Smile India movement”. Advertiser needs to provide proof in substantiation of the claim. The CCC concluded that these claims were not adequately substantiated. The advertisements contravened Chapter I.1 of the Code. The complaints were upheld.
– Hindustan Unilever Limited’s Axe Deodorant TVC shows “a father from another country comes to visit his son and girlfriend for a dinner party. As the gentleman excuses himself and goes to the bathroom, he finds his son’s Axe body spray and helps himself. Upon returning, his son’s girlfriend sings the catchy “bom chicka wah wah” jingle, dances suggestively and rips his clothes apart. The dad exclaims “I love this country.” The advertisement is very expletive, sexually suggestive and not suitable for a family audience. The advertisement being broadcast during a live sports broadcast is even more inappropriate. The CCC concluded that the visuals depicted in the advertisement were indecent, which is likely, in the light of generally prevailing standards of decency and propriety, to cause grave or widespread offence. The advertisement contravened Chapter II of the Code. The complaint was upheld.
– Hindustan Unilever Limited’s Pepsodent Toothpaste claims that it “helps in the removal of 25% more germs” in their print advertisement. This claim needs to be substantiated with necessary support data, proof & efficacy, safety data and research data. By virtue of 25% more content being made available to the consumer; the consumer does not automatically get 25% more protection from germs. The CCC concluded that this claim is misleading. The advertisement contravened Chapter I.4 of the Code. The complaint was upheld.
– Marico Limited’s Parachute Ayurvedic Hair Oil’s T.V. commercial claims that Parachute Ayurvedic Hair Oil “stops hair fall”. This claim needs to be substantiated with scientific evidence for efficacy and other necessary support data. The clinical study shows reduction in hair fall scores for all patients as 97% with the use of the product. The CCC concluded that the claim, “stops hair fall”, is not justified and is misleading. The advertisement contravened Chapter I.4 of the Code. The complaint was upheld.
– Mosons Extractions Vayodha Hair Care Oil T.V. commercial claims that it “makes hair black from the roots”. This claim needs to be substantiated with necessary support data, research data along with proof of efficacy. The CCC concluded that the claim, “makes hair black from the roots” was not substantiated. The advertisement contravened Chapter I.1 of the Code. The complaint was upheld.
– SBS Biotech Unit II - Kesh King Hair Care Range & Kesh King Oil print ad as per the complaint, the advertiser claims, “Crores of people have used Kesh King and found its result”, “Stops hair fall”, “No Cosmetic, artificial odor”, “Only pure oil, with herbs extracts”, “Crores of people have got relief from hair fall, hair breakage, dry and lifeless hair”, “Try for 3 weeks” and “Best oil for hair fall”. These claims need to be substantiated with necessary support data, proof & efficacy, safety data and test reports and research data. The CCC concluded that the claims mentioned in the advertisement and cited in the complaint were inadequately substantiated. Also, the advertisement was in breach of the law as it violated The Drugs & Magic Remedies Act. The advertisement contravened Chapters I.1 and III.4 of the Code. The complaint was upheld.
– Keya Seth’s Ayurvedic Solution (Cosmetic Division) -Â Tetra Range’s T. V. commercial claims “penetrates deep into the skin to give 4 times more fairness”.
– VLCC Personal Care Limited’s Revolutionary Duo Therapy print advertisement claims that it helps you, “Lose upto 5 cms and half a kg on every visit”, “Duo Therapy uses safe, scientific and latest technology for quick weight loss and figure correction. The therapy also helps in tightening, firming and smoothness of the skin”.
– Panram Ayurved P. Limited Mukta Chamak’s print advertisement claims that it is the, “Only solution for white teeth”, “Removes stains on teeth caused due to pan, gutka and tobacco”, and “You can see the effect in 15 days”.
– Olefia Biopharma Limited’s Olefia Range Product’s the print advertisement claims that Olefia Range Product “is registered by Govt of India”, “Snow White Soap – is helpful in curing spots on face or body, pimples, dark circles, wrinkles, blackness on elbow and knee, sun tan and stretch marks”.
– Maheshwari Hair Clinic claims that it “Stops hair fall with 100% guarantee”, “Grow hair from its roots”, “Get the solution in just one meeting”
– Hair Mantras advertisement claims that it “can stop your hair fall”.
– Hair Roots claims that “provides complete Hair Spa First time in India”.
– Rituraj Ayurvedic Gurh Udyog – Ruturaj Hair Oil / shampoo as per the complaint, the advertiser claims that Ruturaj Hair Oil/Shampoo provides “100% Result Guarantee”, “Stops hair fall in 3 days”, “If hair fall doesn’t stop in 3 days then return 25% used bottle”, “Stops dandruff and split ends”, “Hair grows by 2 inch in 35 days”, and “If your hair falls due to heat, it helps in growing new hair on bald head in 35 days”.
– Janatha Trading Company’s Indulekha Bringha Oil print advertisement claims that “Bringha, the major medicinal ingredient in Indulekha, brings the follicles from dead stage to the growth phase and that way prevents hair loss”, “Studies prove that the ability of Bringha to enrich hair oils that are applied on hair, Indulekha is meant to be applied on scalp”, “The base oil in Indulekha is virgin coconut oil prepared with cold process technology. Hence it doesn’t lose any of its medicinal attributes and penetrates deep into the scalp resulting in abundant growth of fresh hair strands in proportion with the fallen hair”.
– Youthful Secrets claims that it “gives 100% natural hair in just 30 minutes”.
All these claims need to be substantiated with necessary support data and test reports of efficacy. In the absence of comments from the advertisers, the CCC concluded that the claims mentioned in the advertisements and cited in the complaints were not substantiated. The advertisements contravened Chapter I.1 of the Code. Complaints against these ads were upheld.
HEALTHCARE
– The rehabilitation centres, Surya New Life Centre & Om Vyasanmukti Kendra have print advertisements that are making misleading claims. As per the complaint, the Surya New Life Centre “helps to cure you permanently from addiction in 3 days at home” & that Om Vyasanmukti Kendra “provides 100% Freedom from habit”. These claim needs to be substantiated with necessary support data, past records, research data. In the absence of comments from the advertisers, the CCC concluded that the claims mentioned in the advertisement and cited in the complaint, were not substantiated. The advertisements contravened Chapter I.1 of the Code. The complaints were upheld.
– The print advertisements claims that Masolin Breast Care Oil & Tablets are “Comprising of valuable ancient India proven herbs”, “Develops and maintains breast shape, size & fitness”, “Brings skin fairness”, “Reduces stretch marks”, “Removes cracks in heals & nipples”, “After pregnancy figure maintenance”, “Before and after pregnancy herbal Masolin oil helps to maintain figure, reduces stretch marks & lower abdominal pain & helps for better lactation after pregnancy”, “No side effects”. These claims need to be substantiated with necessary support data, proof & efficacy, safety data and research data. The CCC concluded that the claims mentioned in the advertisement and cited in the complaint were inadequately substantiated. Also, the advertisement was in breach of the law as it violated The Drugs & Magic Remedies Act. The advertisement contravened Chapters I.1 and III.4 of the Code. The complaint was upheld.
– D – Protin from British Biologicals claims that it is “A unique formulation that provides the ideal balance of nutrition and taste. It also helps in controlling the complications of diabetes in the long run. So even though certain foods are still restricted the weakness and fatigue that accompanies this loss of nutrition is totally absent” in their print advertisement. Diet Mantra claims to be “India’s largest chain of diet & wellness clinics” in their print advertisement. Advertiser should provide clinical evidence in substantiation of these claims. In the absence of comments from the advertisers, the CCC concluded that the claims mentioned in the advertisements and cited in the complaints, were not substantiated. The advertisements contravened Chapter I.1 of the Code. The complaints were upheld.
– Medikom Healthcare As per the complaint, the print advertisement claims the following for “Medikom Healthcare – Medikom Products” – “Weakness, Premature Ejaculation etc”, “No.1 course”, “100% guarantee of benefit”, “Increase length and girth by 1-2 inches”. These claims need to be substantiated with necessary support data, proof & efficacy, safety data and research data. The CCC concluded that the claims mentioned in the advertisement and cited in the complaint were inadequately substantiated. Also, the advertisement was in Breach of the law as it contravened The Drugs & Magic Remedies Act. The advertisement contravened Chapters I.1 and III.4 of the Code. The complaint was UPHELD.
– Dr. C.P. Gupta Clinic’s print advertisement on Gupt Rog claims that Dr. C P Gupta Clinic “gives 100% successful treatment of impotency, early falling, night fall, shorter length and nil sperm”. This claim needs to be substantiated with necessary support data, proof & efficacy, safety data, past records etc. In the absence of comments from theAdvertiser, the CCC concluded that the claim mentioned in the advertisement and cited in the complaint was not substantiated. Also, the advertisement was in breach of the law as it violated The Drugs & Magic Remedies Act. The advertisement contravened Chapters I.1 and III.4 of the Code. The complaint was upheld.
– Masolin Herbal Pvt Ltd’s print advertisement on Hitight Oil & Capsules claims that it is “Made with priyangu and alfusi and berala herbs and provides power, stamina without any side effects”, “It makes sex organs and muscles strong”. These claims need to be substantiated with necessary support data. The CCC concluded that the claims mentioned in the advertisement and cited in the complaint were inadequately substantiated. Also, the advertisement was in Breach of the law as it violated The Drugs & Magic Remedies Act. The advertisement contravened Chapters I.1 and III.4 of the Code. The complaint was upheld.
– Shree Dhanwantri Herbal’s print advertisement on Overdrive Capsules & Oil claims that it “Is equipped with the World’s only Successful Formula”, “Contains Kaam Chudamani Ras, Siddh Makardhwaj, Virsatmann vaati and Basantkusumakar Ras with Gold”. These claims need to be substantiated with necessary support data, certification of claim of World’s only successful formula. In the absence of comments from the Advertiser, 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.
VARIOUS SECTORS
– Rupa & Company Ltd’s TVC on Rupa Thermocot shows “girls with different clothes and uses word ‘Swaha’ and shows a man wearing Rupa Thermocot warm innerwear”. There is use of Hindu Sanskrit Chants mnemonic in the background of this advertisement where the enhancement of the male model’s sex appeal by wearing the advertised product is linked with chanting of Sanskrit mantras in background. The CCC concluded that the visuals along with the religious background music were likely to hurt religious sentiments. The advertisement contravened Chapter III.1 (b) of the Code. The complaint was upheld.
– Shivam Honda’s print advertisement on Honda Two Wheeler claims that Shivam Honda Two Wheeler “is the No.1 Honda dealer of Eastern India in customer satisfaction”.
– National Power Links print advertisement claims that National Power Links is “No.1 since 1992”.
– Kundan Marketing Agency’s print advertisement on Microtek Ups claims that “it is more than 6 times better”.
– P C Jeweller’s TVC shows “a mother talking about a dream groom for her baby daughter and then the father is worried how they will fetch a good groom for their daughter as rates of the gold are increasing day by day. The mother promotes PC Jeweler’s then by saying they have some installment system” The complaint is that the father’s concern about their daughter marriage difficulties due to gold rates means marriage is not possible without gold. This promotes dowry. It implies No Gold No Marriage.
– A.S. Smokefree Electronic Cigarette Pvt Ltd’s print advertisement claims that it is “The Healthier Alternative to Cigarettes”, “Electronic Cigarette- Does not contain Tobacco, Tar or Smoke”, “As per international studies electronic cigarette helps in quitting tobacco cigarette”.
– Seed Infotech Ltd’s print advertisement on Software Testing claims that you can “Get placed in 100 days or else 110% Fees Refund!”, “On Job Training cum Job Guarantee Program in Software Testing”. These claims need to be substantiated with necessary support data, documentation and past records.
– National Council For Empowering India’s print advertisement claims, “100% Secured Job”, “India’s largest bank exam training provider for IBPS/ SBI/ RRB”. These claims need to be substantiated with necessary data, documentation and past records along with support data for the largest bank exam training provider.
– Sree Gokulam Plantations print advertisement on Sree Gokulam Love Tea claims, “First time in Indian Market, Tea is packed in Ecofriendly, Composite cans”. This claim needs to be substantiated with necessary support data and research data to prove that it is for the first time in Indian market that tea is packed in eco-friendly cans.
These claims need to be substantiated with necessary support data, past records, market research data etc. In the absence of comments from the advertisers, the CCC concluded that the claims mentioned in the advertisements and cited in the complaints, were not substantiated. The advertisements contravened Chapter I.1 of the Code. The complaints against the ads were upheld.
By A Correspondent
By Pradyuman Maheshwari
Infraction it is, but the question that everyone is asking is that how could the ad be entered at the Creative Abby without the express approval from the marketing team at Ford? “The investigation over what happened is ongoing,” Ford spokesperson Chris Preuss told Advertising Age. “Obviously, appropriate actions will be taken up to and including the dismissal of individuals who were found to be culpable,” Ad Age quotes Mr Preuss (link: http://adage.com/article/global-news/jwt-india- sacks-staffers-responsible-offensive-ford-ad/240555/).
