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Tag: Advertising Standards Council of India

  • New guidelines from the Advertising Standards Council of India could change the face of advertising in the approximately Rs 3,000-crore fairness category

    Don’t show bias on basis of skin colour: ASCI to fairness cream brands like HUL, Emami

    By Shephali Bhatt & Ravi Balakrishnan

     

    New guidelines from the Advertising Standards Council of India, a self-regulatory body, could quite literally change the face of advertising in the approximately Rs 3,000-crore fairness category which includes creams, face washes and lotions.

     

    Hindustan Unilever dominates the category with its Fair & Lovely brand, and other big brands include Emami’s Fair & Handsome for men, as well as Garnier from L’Oreal.

     

    A draft of the new guidelines specifically targets several well-established tropes of fairness advertising.

     

    The new rules propose, among other things, that ads should not show darkerskinned people as unhappy, depressed, or disadvantaged in any way by skin tone, and should not associate skin colour with any particular socio-economic class, ethnicity or community.

     

    According to Sam Balsara, chairman and managing director, Madison World and a former chairman of ASCI, “The reason for these guidelines is to make it clear to advertisers as to what society finds acceptable and what it doesn’t.”

     

    When asked about the ramifications on the guidelines on its advertising, a spokesperson from Hindustan Unilever, said, “We welcome ASCI’s move to further strengthen guidelines. This will help to promote transparency in advertising. These guidelines are currently at a draft stage and have been published for seeking industry inputs.”

     

    Adds a spokesperson from Garnier, “We strongly believe advertising should not encourage social discrimination of people based on aspects like the colour of their skin. All Garnier communication focuses on the efficacy of the product and is most importantly, backed by scientific fact. Our conviction is that there is no single model for beauty.”

     

    Both ASCI and Balsara say that advertisers have been consulted while coming up with the guidelines. And advertising folk who chose to respond off the record believe (or at least hope) that the letter and spirit of these guidelines allow a certain room for interpretation.

     

    Pioneered by Afghan Snow in 1919, the fairness category is dominated by Hindustan Unilever’s Fair & Lovely, launched in 1975.

     

    Today, almost every skin care brand worth its name, from Garnier to Ponds, has a fairness variant, with an entire sub-category targeting men. It has been built on storylines about how being dark skinned could materially affect the job and marital prospects of consumers.

     

    However, over the last decade, there’s been a groundswell of protests against these products and how they are marketed. Celebrities like film director Shekhar Kapur have taken on the category on social media including Twitter.

     

    An entire segment in Madhur Bhandarkar’s Traffic Signal is devoted to an anti fairness-cream rant. The category’s ads has been pilloried in global media for promoting a kind of “racism”.

     

    Chennai-based Women of Worth has been running a campaign around the theme Dark is Beautiful with support from actor and director Nandita Das. It’s finally made ASCI take notice.

     

    Long regarded as a well intentioned but powerless body, the ASCI has revitalised itself over the last couple of years, moving with speed and aggression against ads that break its code of conduct.

     

    Says Shweta Purandare, secretary-general at the ASCI, “Over the years, we have come across several complaints against advertisements regarding skin lightening or fairness improvement.”

     

    Source:The Economic Times

    Copyright © 2014, Bennett, Coleman & Co. Ltd. All Rights Reserved

    Licensed to republish

     

  • Alan Collaco to retire as ASCI's Secretary General; Shweta Purandare named as successor

    ASCI reshuffles top cadre

    By a correspondent

     

    The Advertising Standards Council of India (ASCI) has announced that Alan Collaco, ASCI’s Secretary General will be retiring from the organization effective May 30, 2014. He will remain with ASCI through May 2014 to ensure a smooth and successful transition to his successor Shweta Purandare, currently Chief Operations Officer of ASCI. Shweta will assume the role of Secretary General as of June 01, 2014.

     

    Shweta has over 22 years of industry experience, having worked with some of the eminent companies such as Cipla, Merind, P&G and L’Oreal. She has been actively associated with ASCI as the Chief Operations Officer since past one year. In her new role, she will continue to handle Consumer Complaints process. In addition, Shweta will be leadingMarketing, Public Relations and Social Mediainitiatives for ASCI.

     

    Ashutosh Geedh joined ASCI in the newly created post of Chief Administrative Officer on May 5th, 2014. He has done his MBA from the Asian Institute of Management, Manila. His experience spans over 19 years in such companies as Patni Computers, LIC, Securex Capital Advisors and Towering Heights Telecommunications. He will broadly be responsible for Administration, Finance & Accounts, HR, Legal, I.T. and internal & external Communication.He will report to the Secretary General.

     

    Commenting on this occasion ASCI’s Chairman, Mr Partha Rakshit said, “Alan will be greatly missed by ASCI members for his tremendous commitment to excellence. While we are indebted to him for his exemplary service to ASCI’s mission, we are also confident that his successor, Shweta,will demonstrate strong leadership skills and analytical insights, further supporting the association’s vision and mission.”

     

    “Also, the appointment of Ashutosh will further strengthen the association’s operations, thereby ensuring seamless functioning across various departments and external bodies”. Partha further added.

     

    “I am grateful tothe ASCI team for offering me the desired platform to get associated with India’s largest self-regulatory voluntary organization of the advertising sector. I am deeply honoured to have had the opportunity to be in the core team of ASCI, supporting the association’s vision of protecting the interests of the consumers,” said Alan Collaco.

     

    About Advertising Standard Council of India (ASCI)

    Advertising Standard Council of India is a voluntary organization self-regulating advertising content for the advertising industry. The Role and Functioning of the ASCI & its Consumer Complaints Council (CCC) is in dealing with Complaints received from Consumers and Industry, against Advertisements which are considered as False, Misleading, Indecent, Illegal, leading to Unsafe practices, or Unfair to competition, and consequently in contravention of the ASCI Code for Self-Regulation in Advertising.

     

    For further information, please contact

    The Advertising Standards Council of India

    Ms. Shweta Purandare – Secretary General, ASCI 23512371/23521066

     

    Ketchum Sampark Public Relations Pvt. Ltd.

    Vikas S: 919892629404

    Shivangi J: 9167106693

     

  • The prestigious prize was awarded for significantly reducing the average time it takes to handle complaints

    ASCI awarded Gold award by EASA

    By a correspondent

     

    The European Advertising Standards Alliance (EASA) Global Best Practice Gold Award was presented to The Advertising Standards Council of India (ASCI) at the EASA’s bi-annual meeting in Amsterdam. The prestigious prize was awarded “for significantly reducing the average time it takes to handle complaints”.

     

    EASA mentioned that “The ASCI put in place actions to substantially reduce the journey time of complaints – from their first point of contact with the Secretariat, through the Consumer Complaints Council (CCC) and on to the transmission of the final decision to the advertiser and complainant.”

     

    The prompt and efficient processing of complaints meant that ASCI reduced the lead time of Complaints Processing from on an average from 45 days in 2011 to 28 days in 2012 to now 12 days. Other Key measures included introduction of Suspension Pending Investigation (SPI) by which ASCI can order an extremely objectionable ad to be removed immediately pending investigation, expansion from one to two Consumer Complaints Councils (CCC’s) which enabled weekly instead of bimonthly in 2013 and monthly in 2012 meetings, a faster response time to complaints and tracking of upheld complaint ads.

     

    Partha Rakshit

    ASCI’s Chairman, Partha Rakshit said, “ASCI is thrilled to learn that it has won the prestigious Gold Award for 2013. Last year we won the EASA Silver Awards for the National Advertising Monitoring Service (NAMS) initiative which started tracking most of the print and TV ads in India. That award spurred us to focus on improving ASCI’s effectiveness and credibility as a SRO delivering speedier redressal of complaints and higher compliance of its decisions, which has got the Gold this year. Various Government departments now recognize and support our self- regulation work by including ASCI’s code and representation in the rules and committees established to regulate advertising content respectively. We are very grateful to EASA for recognizing our work and for advice & encouragement they, along with the World Federation of Advertisers (WFA), provide to ASCI.”

     

  • ASCI will now deliver its Consumer Complaints Council’s (CCC) decision on a complaint against an objectionable advertisement within a span of an average just 12 days

    ASCI betters processing time; wins accolades

    By a correspondent

     

    In a move that would encourage more participation from aggrieved parties, the Advertising Standards Council of India (ASCI) now delivers its Consumer Complaints Council’s (CCC) decision on a complaint against an objectionable advertisement within a span of on an average just 12 days from the date complaint is received. With the consumers and regulators demanding that ads which are a) misleading or make false claims, b) indecent, c) showing hazardous activities and d) unfair to competition should be promptly removed or modified, ASCI has taken effective action to reduce  the complaint processing turnaround time from 45 days two years ago to just 12 days on an average currently.

     

    Some of the actions taken by ASCI to achieve this unparalleled turnaround time include:

    1) From monthly meetings two years ago, the CCC now meets weekly by having two CCCs instead of one earlier and total number of CCC members moving up from 21 to 28.

     

    2) The turnaround time taken at ASCI to process the complaint and time provided to the Advertiser to respond to the complaint has been significantly reduced with the use of email and technology.

     

    3) Intra Industry complaints among ASCI members are being resolved in just seven days via Fast Track Complaint (FTC) process which was introduced in 2012. FTC, which handled 30 complaints in 2013/14 has been very popular among ASCI members who are seeing real time and cost savings by not taking the matter to the courts on intra industry ad content disputes.

     

    4) In the recent past ASCI also introduced ‘Suspension Pending Investigation’ (SPI) by which ASCI can order an extremely objectionable ad to be removed immediately pending investigation and decision of the CCC.

     

    Under its National Advertising Monitoring Service (NAMS), ASCI has also started tracking in print and on TV of all ads against which complaints have been upheld. And results show that over 90 per cent of such “upheld complaints” ads do not reappear or are appropriately modified. ASCI has now started reporting non compliant upheld ads to regulatory authorities such as the Ministry of Information & Broadcasting (MIB), the Drug Controller General of India (DCGI), the Medical Council of India (MCI), the Ministry of Health and Family Welfare, and the Food Safety & Standards Authority of India (FSSAI) for taking action as per the law of the land.

     

    The faster complaint turnaround time and improved compliance upheld complaint decisions by ASCI has taken place at the same time when number of complained ads processed by ASCI has increased more than 10 times. In 2011/12 number ads processed by ASCI were 176 which post the NAMS initiative in 2012/13 increased to 784 and for April 2013 to Feb 2014 period (11 months), ASCI has handled complaints against 1833 ads.

     

    Partha Rakshit

    Commenting on these developments, ASCI’s Chairman, Mr Partha Rakshit said, “ASCI’s effectiveness and credibility as an advertising self-regulatory organisation has increased several fold with speedier redressal of complaints and high compliance of its CCC’s decisions by Advertisers. Regulatory bodies like MIB, DCA, FSSAI, FDA now recognise and support our self-regulation work with the inclusion of the ASCI in the Inter- Ministerial Monitoring Committee formed to review misleading ad content.”

     

  • The Consumer Complaints Council of the Advertising Standards Council of India (ASCI) upheld complaints against 177 ads of the 201 received

    ASCI upheld complaints against 177 ads in July

    By A Correspondent

     

    In July 2013, the Consumer Complaints Council (CCC) of the Advertising Standards Council of India (ASCI) upheld complaints against 177 ads. Most of the misleading ads were from the education sector and promise of 100% job placements was one of the recurring unsubstantiated claim made by the advertisers. This was followed by health and personal care category, where most of the upheld complaint ads were found misleading, or making false or unsubstantiated claims.

     

    The recently launched website from ASCI has also shown encouraging results as almost 25% of the total complaints were registered through the Online Complaint and Monitoring Service (OCMS), reports a communiqué, adding:  “With this new service, consumers can now lodge complaints through the new ASCI website, ASCI Facebook page, email, smartphones, toll free telephone or regular post.  Going forward, OCMS is going to play a crucial role in delivering transparency and speedy resolution of consumer complaints.”

     

    Health & Personal Care

    The CCC found the following claims in health and personal care product or service ads of 52 advertisers, released in the press to be either misleading or false or not adequately/scientifically substantiated and hence violating Chapter I of the ASCI Code. Some of the health care products or services ads also contravened provisions of the Drug & Magic Remedies Act. Complaints against the following ads were upheld –

     

    1. The Alankar Slimming & Cosmetic Clinic:  Vibes Smart Tight Program helps with ‘instant weight reduction & helps lose 3-4 inches in one session’.
    2. Glamour World Ayurvedic Co. Pvt. Ltd: Somi’s Glow Plus claims that they help with ‘re-growth of new hair using glow plus solution in 3 months’.
    3. Re Touch Hair & Skin Clinic: Helps to get 100% rid of stones and white spots’.
    4. Rajshree Hospital: Assures that ‘reduced weight won’t increase again’, one can ‘get rid of obesity and diabetes’ and they have ‘obesity cure for sure’.
    5. V Care Clinic: V Care Medspa uses ‘Stem Cell Therapy for Acne Pimples’.
    6. Hair Solutions: In their print advertisement, they claim that Hair Solutions will help with all hair solutions like ‘growing natural hair’, ‘stop greying & stop hair fall’,  and “Wonder hair cream”
    7. Nivea India Pvt Ltd: Nivea Whitening Cell Repair lotion claims that it ‘repairs your skin by working 40 times harder’ while the title says ’40x more vitamin C’.
    8. Chaturbhuj Pharmaceutical: B Gap Contraceptives Tablet is ‘completely Ayurvedic, hormone free and gives no chance for pregnancy for 6 months’.
    9. L’Oreal India P. Ltd: In their TVC Garnier’s Pure Active Neem Face Wash claim that it is ‘enriched with real Neem’ and it is ‘the first ever face wash that removes pimples and marks’.
    10. Aadya Mahalakshmi Herbals: Claims that it is a “Men Oil & Herbal Capsule for Men for abundant vigour, and the visual implies a product for enhancement of sexual pleasure
    11. Kalada Plastic Cosmetic Surgery & Burn Center: It helps ‘reduce weight 15 to 20 kg, liposuction of the entire body with the help of new Technique.’
    12. Madras Doctor Piles Clinic: Claimsto have cure for Piles, Fistula, Fissure, without surgical operation
    13. Devi Ayurvedic Pharma: Claims that ‘Neelika eye drops are very effective in all types of eye problems, removes haziness, increases eyesight and helps to get rid of cataract.’
    14. Rich Feel Trichology Centre: Claims  that they are ‘World’s first hair thinning treatment with plant stem cell extracts , reduces hair fall , restores hair regeneration and increases hair growth..’
    15. Aas Clinic: Claims that it gives ‘successful treatment of epilepsy & successful treatment of baldness.’
    16. Dr Patel Anti-Aging Clinic: Claims that they help ‘cure diabetes and other diseases.
    17. Parth Hospital: They are the ‘first hospital in India which treats patients of headache and migraine without any painkiller medicine.’
    18. Sri Om Ayurvedic Seva Sansthan: 100% successful with treatment for brain disease, heart disease, liver, kidney & stomach disease, stone, obesity, diabetes.’
    19. Seba Herbal: Claims that they help cure ‘sex problems like non-performance, premature ejaculation, impotence, small size, nightfall with 100% guaranteed diagnosis.
    20. Shreeji Sanjivani: It increases the child’s intelligence, memory power, grasping power and digestion, enhances the child’s immunity power, makes him healthy..
    21. Myovatec Surgical Systems (P) Ltd: Claims that they help with ‘weight loss, non -surgical/surgical options, comprehensive program, multi-disciplinary, expert medical team’.
    22. Aadya Mahalakshmi Herbals: Aadyas Breast Oil & Capsule in their print advertisement claimed ‘Breast Grow Capsule’, ‘Effect starts in 5 days’, ‘No Side effects’, ‘100% Herbal’ and ‘100% Result’
    23. Zipher Zion Pharmaceuticals: Royal Gold Capsules It is ‘100 % safe’, and ‘Result in just 9-10 days.’
    24. AmbicAyurved: NavPaurush Powder/Capsules Claims ‘Gain Weight, build body.’
    25. Adhunik Homeopathic Chikitsa Kendra Treatment for Irregular menstruation in women, Infertility, uterus tumor, swelling (Endometriosis).’ , ‘Complete treatment of Breast Tumor etc.’ , ‘Stones’ , ‘Complete treatment of Blood pressure, thyroid, diabetes, obesity.’
    26. Shree Siyaram Ayurved Mandir Claims ‘Successful treatment of Sex Problems.
    27. Kangra Herb Pvt Ltd: ‘The herbs are beneficial for the treatment of last stage cancer, liver failure, kidney failure, Hepatitis, skin psoriasis, arthritis.’
    28. Sunrise Herbal Clinic ‘Reduces to 10 kg of weight in just 3 month.’
    29. Priya Pharmaceuticals: Himadri Ayurveda Capsule Claims ‘Permanent relief from pimples within 7 days.’, ‘Relief within seven days for Gastric trouble, Bleeding, Constipation, pain etc.’
    30. Adhi India Advance Hair Restoration Centre ‘Revolutionary ADHI Technique Originated in India, Adopted Worldwide.’, ‘80,500- Satisfied customers across the globe.’
    31. Great linx Impex Pvt Ltd: Praan Herbal Pain Relief Claims ’18X better than Balm’
    32. Deewal Gramodyog Sansthan: Deewal Range of Products Claims ‘BH+ – World’s first hair colour which is free from chemical and allergy’ , ‘Kimmadhu-Wonderful medicine to rectify sugar level’ , ‘Keshkalp- Stops hair fall and get rid of baldness’
    33. Cure Homeo Clinic Claims Treats and cures patients with Psoriasis.
    34. Makewell Pharmaceutical Japani Tel in their print advertisement claimed ‘If you want to stay happy after marriage, Japani oil.’, ‘Very popular for male’s energy/ stamina 35.
    35. Vasu Pharmaceuticals: Trichup Hair ‘A name that more than 50k doctors trust.
    36. Hindustan Unilever:  Ponds Age Miracle in print advertisement claimed ‘Look up to 10 years younger with disclaimer in small print ‘With regular use’
    37. Nivea India Pvt Ltd : Nivea for Men Dark Spot Reduction in TVC claimed that the face wash has a 10X formula that removes dark spots and gives a spotless face
    38. Prabha Hospital Provides 100% cure for all diseases without performing any surgery.’
    39. L’Oreal India P. Ltd: Garniers Naturals Hair Colors  Claims Naya Garnier colour natural ab aur bhi behtar’, ‘Trust only the No.1’ and disclaimer saying ‘basis urban retail data’.
    40. Vini Cosmetics White Tone Face Powder Visual misleading in their TVC shows a woman  whose oily and darkish skin and is transformed to a fairer skin tone on using White Tone Face Powder.
    41. Dabur India Ltd: Odomos Range in the print advertisement claimed ‘100% protection from mosquitoes both in and out of home.’
    42. L’Oreal India P. Ltd: Garnier White Complete Multi Action Fairness Cream claimed that ‘Sirf hum detehai complete fairness’, meaning that its product is the only one to give complete fairness. The claim is qualified with the disclaimer that by complete fairness, the reference is to both instant and long-term fairness.
    43. Brad Enterprise: In their TVC, they claimed that Brad Eye Glass Remover is ‘100% ayurvedic’, ‘treats cataract without surgery and myopia without glasses’.
    44. T.he Alankar Slimming & Cosmetic Clinic:Claims inch & Weight Loss and sure cure for Hair Loss.
    45. Force Clinic Claims: Successful treatment of sex related diseases, successful treatment of looseness, premature ejaculation, impotency and low sperm count’.
    46. HC Group: They can help an individual to ‘increase their height’
    47. Herbal Icon India Co:’It helps end impotency from its roots’. ‘By applying this on the penis one can increase its shape/ length and thickness’
    48. Param Pharmacy: Cure ‘for Tumour in Ovary and Uterus’ ‘It is an accomplishment of Ayurveda’, ‘No need of operation’, ‘Tumour healed by Ayurvedic treatment’, ‘No need of removal of uterus.’
    49. Aadhar Herbal: Cures diabetes ‘Totally stop Allopathy, injection, insulin’,
    50. Makewell Pharmaceuticals: Ad of Japani Tel depicts women in indecent and vulgar manner and visuals implying a product that enhances ‘potency’, which is a violation of the DMR regulations.
    51. Shakti Bhog Foods Ltd:S Brown Marie claims it ‘Helps to control blood sugar.’, ‘Visual of Heart shape with claim – Zero % Cholesterol & Trans-fat.’ The CCC concluded that the claims, ‘Helps to control blood sugar’, ‘Visual of Heart shape with claim – Zero % Cholesterol & Trans-fat’, were not substantiated adequately with clinical data.   Also, with respect to claims regarding control of blood sugar 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
    52. Tara Health Foods Limited: Zaitoon Tara edible oil in its print advertisement claimed ‘Edible oil prevents cancer, diabetics, acidity, cholesterol, etc.’ No Edible oil has been proven to prevent cancer, diabetes or cholesterol. The advertisement is misleading. . The advertisement contravened Chapters I.1, I.4 and III.4 of the Code.  The complaint was upheld.

     

    Education:

    The CCC found following claims in print ads by 94 different advertisers were not substantiated violating the ASCI Guidelines for Advertising of Educational Institutions and hence the complaints against the ads were upheld:

     

    International Marine, IMS Learning Resources Pvt Ltd, Pacific Education Society, Kaizen Training Institute, Inset Computer Education,  Kv Institute Of Management & Information Studies, Achieve Academy, Dolphin School Of Hotel Management, Indian Institute Of Hardware Technology, Amet University, Siddharth Classes, Sri Bhagwati P Memorial & Education Society, SITM (Jodhpur), S S Education Trust, International Institute of Fashion Designing Academy, Bright Academy, Jagdish Chandra Institute Of Modern Technology And Industrial Studies, Om Cad the Design Studio, EduEdge Coaching Classes, Asian Institute of Film & Media Studies, Career Defense Academy,  Chate Group, NIIT Ltd. , S S Academy, The George Telegraph Group, National Classes: Paavai  Institutions, VSB College of Engineering, Sumangal College of Business Administration, ICA Infotech Pvt. Ltd ,Vista Mind, Alchemist ,Anm Nursing Training School, Crucible Coaching Preeya Pariwar, NIMS coaching, Appin Technology Labs, Techno Campus Mobile Phone Institute Gujarat, Institute of Hotel Management IHM Meerut, Oriental Group of Hotel Management , Aditya Engineering & Pharmacy College,New Horizons Computer Learning Center , Amrita International Institute of Hotel Management,IIHT Computer Education ,Sinhal Classes,National Institute of Event Management, NCFM Training Centre, IANT Computer Education, Apollo Group of College,IES Gate Academy,PT Education & Training Service,Cadd Centre India Private Ltd ,JK Shah Classes, XL Education Forum,Alpine Center,KPR School of Business, National Academy of Event Management & Development, International School of Telecom Technology & Management, Career Point, Columbia Group of Institute, Patna Sahib Group of College, Lords Institute of Management, Gloma Group of Institutes, Shanti Design School, Institute Of Business Studies & Research – Institute Of Management Studies, Xplora Design Skool, Royal Education Centre, Millia Educational Trust  – Millia Institute Of Technology, Gyaan Computer Education – Tally Champs, Mahajana Tourism Development Institute, Shri Balaji Nursing Home & Health Training Center, Tirumalaa Study Centre, UPCIA Industrial Training Centre, Mehta Institute of Career Training, Chamunda Institute of Hotel Management, Subhas Bose Institute of Hotel Management, Global Group of Institute, CH Charan Singh Polytechnic, Creative Vision Technology, Excel Edu learning, NEITE College of Management, Sri Balaji Education & Charitable Trust – Rajiv Gandhi College of Engineering &Technology, Sir Padampat Singhania University, Manda Institute of Technology, Nalanda Institute of Advance Studies, Kongu Arts & Science College, Calcutta Institute, Marine Engineering Training Institute, Jagriti Institute (Sikar), Bhanuka Institute of IT Education, GMS Institute, 3CM Infotech, Exxon Academy:

     

    Complaints against advertisements of all the above educational institutes were upheld because of unsubstantiated claims that they ‘provide 100% placement/AND /OR they claim to be the no.1 in their respective fields’.

     

    Consumer Durables:

    The CCC concluded that the claims mentioned in these six advertisements and cited in the complaints below were not substantiated.  The advertisements contravened Chapter I. of the Code.  The complaints were upheld.

     

    :: Veon Systems: The print advertisement of Veon Water Purifier claims that it has received the ‘Best Purifier Award from all our 2 Crore Over Whelming Customers’, ‘Veon gives you the country’s purest water’, ‘Presenting World’s First Seven Stage Fully Automatic’, RO Water Purifier that requires No Periodic Servicing for Just Rs. 5999.’

    :: ETA General Private Limited: The print advertisement of General Air Conditioner claims that they ‘save up to 55% on power hence it can be run like a fan’, is ‘eco-friendly’.

    :: Symphony Ltd: Symphony Jumbo in its TVC claimed that it ‘has an operating cost of just one or two bulbs.’

    :: Hindustan Unilever Ltd: PureIt Water Purifier in its TVC claimed that the ‘Use of PureIt and save money on 3 gas cylinders in a year’.

    :: Luminous Electronics: Luminous Livpure RO Water Purifier in their TVC claimed ‘0% water wastage’.

    :: Kent Ro System Ltd:  The CCC concluded that the claim, ‘why drink boiled water? Use Kent RO’, was misleading by ambiguity, and denigrated ‘boiling water’ as it claimed that ‘boiling water can spread diseases’.   The advertisement contravened Chapters I.4 and IV.1 (e) of the Code.

     

    Telecom:

    Tata Teleservices Ltd.: The CCC concluded that the claim, “Unlimited 3G data for Rs.250”, was misleading as the disclaimer mentions that “3G data would be upto 1 GB only”.  The advertisement contravened Chapter I.4 of the ASCI Code. The super that appeared in the TVC was not clearly legible, thus contravening the Regulations of ASCI’s minimum lettering size of supers.  The complaint was upheld.

     

    FMCG:

    Hindustan Unilever Ltd:  The CCC concluded that the visual depiction of “a child with ink stained teeth and mouth”, is likely to encourage minors to emulate such acts in a manner which could cause harm to them.  The advertisement contravened Chapter III.2 (b) of the Code.  The complaint was upheld.

     

    ITC Limited: The CCC concluded that it shows a dark skinned girl feeling inferior or inadequate and subsequently attracting male attention on being fair and therefore the TVC derides people based on their colour.  The advertisement contravened Chapter III.1 (b) of the Code.  The complaint was upheld.

     

    Media:

    Bennett Coleman & Co. Ltd: The CCC concluded that the claims E-Samay has a circulation of over 3 Lakhs as of April 2013 in Kolkata’, ‘It retained more than 85% of after changeover from subscription to cover price’, ‘The paper is now the undisputed Number 2 Bengali daily’ were not adequately substantiated and were misleading. The advertisement contravened Chapters I.1, I.2 and I.4 of the Code.  The complaint was upheld.

     

    Auto:

    Audi India: (Audi Q3) in their print advertisement claimed ‘Audi Q3 at a price down payment of Rs. 6, 00,000 and 84 EMI’s of Rs. 38,000 only for ‘on-road price (with registration and insurance)’. The fine print below indicated that ‘this is a bullet scheme’, ‘Offer valid only on June 22 and June 23, 2013’.The claims were not substantiated The advertisement contravened Chapters I.1 and I.4 of the Code.  The complaint was upheld.

     

    Maruti Suzuki India Ltd: Maruti Swift in the TVC showed a minor (boy wearing sun glasses) driving the Maruti Swift recklessly, albeit car being not in motion. The CCC concluded that the TVC shows unsafe and reckless driving. The advertisement contravened Clauses (b) and (c) of the Guidelines on Advertisements for Automobile Vehicles.  The complaint was upheld.

     

    Food & Beverages:

    The CCC concluded that the claims mentioned in these three advertisements were not substantiated.  The advertisements contravened Chapter I.1 of the Code.  The complaints were upheld.

     

    :: Hindustan Unilever: In their TVC Brooke Bond Red Label claimed that it is a ‘Healthy tea that improves blood circulation’.

    :: Adani Wilmar Ltd: Caims that ‘Olive oil has a low smoke point’, ‘olive oil has a characteristic taste that is incompatible with Indian cuisine’, ‘lower calories’, ‘has a balanced fatty acid composition’, ‘comes closest to the ideal ratio of saturated fatty   acids that is recommended by WHO’.

    :: Kalyani Solvex (P) Ltd: Nature Pure Ref Rice Bran Oil ‘completely reduces cholesterol’.

     

    The CCC concluded that the two advertisements cited below are offensive to generally accepted standards of public decency. The CCC found these two advertisements indecent, distasteful and were likely to cause grave or widespread offence. The advertisements contravened Chapter II of the Code.  The complaints aginst them were upheld.

     

    :: Saj Food Products (P) Ltd: Their TVC Bisk Farm Top Biscuit shows ‘a job aspirant (girl) offering to compromise and making advances at the interviewer.’ The ad has been tastelessly done with absolute disregard to social values.

    :: Euro India Fresh Foods Pvt Ltd: In their TVC of Namkeen, the advertiser has depicted women in an indecent manner.

     

    The CCC concluded that the following advertisement is indirect advertising for products whose advertising is prohibited or restricted by law (Surrogate advertisements for liquor brands). The advertisements contravened Chapter III.6 of the Code.  The complaints were upheld.

     

    Finlandia Vodka: Alcohol brands or surrogates thereof are not legally permitted to advertise in India. This clearly falls foul of the law as Finlandia is a brand of vodka.

     

    Rasna Private Limited: In their advertisement Rasna Nimbu Pani, the brand is positioned for children.  While on the packaging, it is written that ‘The product contains artificial sweetener ‘aspartame’ not recommended for children’. The graphical design of Rasna Fruit Plus Lite – Nimbu Pani was too similar to the mother brand Rasna Fruit Plus.  Rasna Fruit Plus range advertisement is positioned for children and has the brand ambassador Sehwag Hence children would not be in a position to understand the difference between the variants and would be induced to consume Rasna Fruit Plus Nimbu Pani which contains the ingredient “aspartame” which is not recommended for children.  The product packaging contravened Chapter III.2 of the Code.  The complaint was upheld.

     

    Teleshopping:

    The CCC concluded that the claims mentioned in the following four advertisements and cited in the complaints below were not substantiated.  The advertisements contravened Chapter I of the Code.  The complaints were upheld.

     

    :: WWS Skyshop P. Ltd: Ayurvedic Roopamrit Fairness Cream/Gel in itsTVC shows ‘A fairness product that is used to brighten up the complexion of dark skinned people in a very short time’.

    :: TVC Sky Shop Limited: Quitt, in its print advertisement claimed that Quitt can help you ‘Give up smoking and alcohol’ and is ‘100% herbal’.

    :: AAA Teleshopping P. Ltd.: In its TVC, No Addiction claims that it ‘can enable an addict to quit drinking/smoking/ drugs/ gutkha’.

    :: Telemart Teleshopping: In its advertisement Zero Addiction claims that the ‘use our product for 45days daily 2-3grams twice and quit from your bad addiction like smoking, drinking & if u can’t get a result return our product in 15 days.’

     

    JMD Teleshopping: In their TVC, Madhu Sanjivani claims that it ‘provides 100% cure for Diabetes’, ‘Madhisanjeevani ingredient is imported from Africa’. In the absence of comments from the Advertiser, the CCC concluded that the claims, “Provides 100% cure for Diabetes”, “Madhisanjeevani ingredient is imported from Africa”, were 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.

     

    Sky Star Advertising: Hair Building Fiber: The visuals make one believe that with the use of the product, one’s baldness is cured. This was not substantiated and was considered misleading. Also, the baldness related claim in the advertisement was in breach of the law as it violated The Drugs & Magic Remedies Act. The advertisement contravened Chapters I.1, I.4 and III.4 of the Code. The complaint was upheld.

     

    Real Estate:

    The CCC concluded that the claims mentioned in the following two advertisements below are not substantiated. They are distorted and have exaggerations that mislead consumers.  The advertisements contravened Chapter I of the Code.  The complaints were upheld.

     

    :: Indiabulls Real Estate: In their print advertisement Greens claimed ‘Phase 1 Completed, 329 apartments delivered’, ‘Phase II Construction 50% complete’, ‘Over 320 happy families moving in’.

    :: Damac Properties Co. LLC Akoya: In their print advertisement claimed ‘Pay Rs. 1.1 crore and move into a villa on a golf course in Dubai.’

     

    Others:

    Apple India Private Limited: In their advertisement Apple I Phones ‘offer for upgrade to IPHONE 4 – special student offer. The fine print says that ‘the buyback offer for non-students remains at Rs. 7000/- . Offer available on Apple Iphone4 8 Gb, Iphone 4S 16 GB, Iphone 5 16 GB, Iphone 5 32 GB, Iphone 5 64 GB only.’ From the above it is clear that one can have an exchange offer of its iPhone for Rs. 7000/- and get any of the models as listed in the advertisement. When the complainant visited the retail store at Image, I world, Jumbo electronics, all at Gurgaon malls, they refused to exchange as per the offer. They said that it is only on iPhone 4. They said that we have an Email from Apple that it is only on iPhone4. The advertisement is misleading. The Advertiser was granted additional lead time to respond as per their request; However, in the absence of comments from the Advertiser by the due date post extension, the CCC concluded that the  advertisement contravened Chapter I.7 (c) of the Code (Non-fulfillment of advertised promise -Whether the Advertiser has taken prompt action to make good the deficiency to the consumer).  The complaint was upheld.

     

    Quit Smoking International Ltd: I Quit Smoking: The CCC concluded that the claims that the product ‘reduces the craving for nicotine and helps smokers by diminishing their desire to smoke’ were not substantiated with clinical study / data. The complaint was upheld.

     

    During the month of July, the CCC also received complaints against 11 other advertisements. The complaints were received against the advertisements of V-GUARD Industries Ltd: V-GUARD Invertors, Federal Brands Ltd: Live in Jeans, Godrej & Boyce Mfg Company Ltd: Godrej Air Conditioner, Reckitt Benckiser (India) Ltd: Durex Condoms, Swatantra Power Pvt Ltd: Helios Inverter Batteries & Ups, GlaxoSmithKline Consumer Healthcare Ltd.: Sensodyne Toothpaste, Mankind Pharma Limited: Manforce Condom Strawberry Flavor, Hyundai Motor India Limited: Hyundai i20: The ghost-buster, Hyundai Motor India Limited, Bharat Business Channel Limited: Videocon d2h, Bharti Airtel Ltd, Havells India Ltd: Havells Cable, Info Edge (India) Ltd, 123 Sesame Street Preschool, Tomtom India Ltd – Tomtom Via Series, Cadbury (India) Ltd – Bournvita, Star India P. Ltd. – Star Sports, Hindustan Unilever Ltd – Fair & Lovely Cream, Sony India – Sony Xperia Z Smart Phone, Bennett Coleman & Co Ltd – Maharashtra Times – growing premium Marathi daily, Vini Cosmetics Pvt. Ltd – White Tone Face Powder, Archies Perfumes, Lulu Australia, Kohinoor Business School, Dabur India Ltd – Dabur Red Toothpaste. However, as these advertisements did not contravene ASCI’s codes or guidelines, the complaints were not upheld.

     

  • Kwality Walls is frozen dessert, which looks and tastes like ice cream but is made with vegetable fat and not milk fat. Hence, under Indian laws, it does not qualify as ice cream

    HUL asked to erase ‘Ice Cream’ from Kwality Walls ads

    By Ratna Bhushan

     

    India’s advertising regulator has told consumer goods major Hindustan Unilever to stop mentioning its Kwality Walls brand as ‘ice cream’ in certain advertisements following a complaint by top ice-cream brand Amul.

     

    Kwality Walls is frozen dessert, which looks and tastes like ice cream but is made with vegetable fat and not milk fat. Hence, under Indian laws, it does not qualify as ice cream.

     

    “The consumer complaints council has concluded that the mention of Kwality Walls as an ice cream is misleading,” said Alan Collaco, secretary general of Advertising Standards Council of India, the self-regulatory body of advertising industry.

     

    The advertisements in question are in the form of advertorials, or advertisements designed in the style of editorial matter. HUL published three print advertorials, each featuring a celebrity talking about Kwality Walls brand, complete with heading, extensive text and photograph. They feature singer Shaan, chef Sanjeev Kapoor and TV actress Smita Bansal along with their families.

     

    An HUL spokesman said the company will replace the word ‘ice cream’ with ‘frozen dessert’ in the ads. “We have agreed with ASCI that wherever the word ice-cream appears in the said advertorial, it should be considered as an expression of opinion of the celebrity featured in the advertisement. However, with a view to close the issue amicably, we agreed with ASCI to include the words ‘Kwality Walls frozen dessert,’” he said in an email response to ET’s query.

     

    Gujarat Cooperative Milk Marketing Federation, which markets Amul, had complained to ASCI that the mention of Kwality Walls as ice cream was a deliberate attempt to mislead people.

     

    “The advertorial makes a clear mention to Kwality Walls Strawberry Cheesecake being an ice cream when in reality it is a frozen dessert,” wrote Nitin Karkare, COO of ad agency DraftFCB Ulka that represents Amul, in a letter to the regulator soon after HUL released the first ad featuring Shaan.

     

    “This is a case of a deliberate attempt at misleading the consumer, considering that the term has been strategically highlighted and hence cannot be a case of oversight,” he added.

     

    The ice cream-plus-frozen desserts market in India is estimated at about Rs1,700 crore, with market leader Amul holding about 40 per cent share. Other big players include Kwality Walls, Ahmedabad-based Vadilal, NDDB’s Mother Dairy and Ravi Jaipuria group’s Cream Bell.

     

    Source: The Economic Times

    Copyright © 2012, Bennett, Coleman & Co. Ltd. All Rights Reserved

     

  • A weekly column by Paritosh Joshi, until recently CEO, Star CJ. Given his varied experience in the media and industry bodies, Mr Joshi will analyse issues concerning the business of media, measurement and research

    Paritosh Joshi: Who will cast the first stone?

    By Paritosh Joshi

     

    You’ve got to give it to Aamir Khan. Any theme he raises through his cinema, and now his television show, instantly becomes the issue du jour. Dyslexia (Taare Zameen Par), rigid education practices (Three Idiots), anguish at the political establishment (Rang de basanti), morality of terrorism (Fanaa) and now in rapid fire succession the weekly episodes of Satyameva Jayate (everything from female foeticide to medical malpractice). If the worlds of the social media are anything to go by, people in the Media & Communications industry are particularly engaged in Aamir’s weekly broadsides. Minutes after the week’s episode goes on air at 11am on Sunday, Twitter is deluged with views and opinions agreeing, and less often disagreeing, with Mr. Khan.

     

    You would imagine, looking at the stridency of tone that characterizes a lot of the chatter, that we belong to an industry that has solid claim on the high moral ground. Does it?

     

    I became involved with the Advertising Standards Council of India (ASCI) about 6 years back. As a communication professional, I was conscious of the close and incessant scrutiny that our industry attracted and of the permanent Damocles’ Sword of statutory regulation that hung over it. The ASCI charter’s commitment to self-regulate resonated strongly with me and joining the Consumer Complaints Council, which gives force to the Self Regulatory Code of the ASCI, was a natural next step.

     

    If Awards Functions like the Abbys and Cannes are the Halls of Fame of the industry, CCC must qualify as its identification parade for the Rogues’ Gallery. Education institutions that claim their superiority, not based upon quality of education facilities they offer, but the acreage of their campus. Cooking oils that assure you of defence against cancer. Fairness potions promising enhanced employability. Malted beverages that deliver anything from height gain to better grades in the exams. A whole spectrum of beers and spirits veiled very thinly under guises of ‘Music CDs’, ‘Unique Events’, ‘Golf Equipment’ or ‘Soda’. Apparatuses that promise the benefits of a cardio workout by merely placing your feet in a harness and allowing them to shake about for a few minutes. Perfumes and deodorants that will instantly cause the user to become a sexual dynamo around whom people of the other gender experience spontaneous orgasms. Plastic beads and metal baubles that will ‘guard against the evil eye’, pacify irate planetary deities and result in a shower of wealth. Or in a particularly horrifying instance, a hospital that advertised radical hysterectomies as a permanent solution against pre-menstrual syndrome. We’ve seen them all.

     

    While some offenders are no-name businesses, the largest majority are big and prominent businesses that we all hold in high esteem. Indeed, we must look well beyond the brand owners to understand the circle of culpable accessories that enable the offending communication to reach the consumer. The creative work originates in an advertising agency. A marketing team approves it for release. A media agency sets up a media schedule. Multiple media outlets finally convey it to the consumer. In many cases, all the organisations that are involved through this value chain are members of the Advertising Standards Council by virtue of which they are presumably committed to the ASCI Code. While the complaint is made and upheld against the brand owner, the actual burden of guilt correctly lies with all the accessories that participated in the process.

     

    Interestingly, whenever the issue of legally dodgy, false, misleading or vulgar advertising crop in professional discourse, the ASCI is indicted forthwith, for its abject failure in bringing the perpetrators to book. Of recent days, the Ministry of Consumer Affairs has joined the chorus, promising a ‘National Consumer Protection Agency’ aka the other NCPA, to become the consumer’s paladin against advertising mischief. Apparently the phrase ‘Self-regulation’ is indecipherable to the average communication industry professional.

     

    Self-regulation begins by a body representing all stakeholders in a particular context agreeing to a code of ethical practice. This code is then widely shared with all stakeholders so that they may understand and assimilate its letter and spirit. Once this has been done, self-regulation transfers the burden of compliance upon the practitioner. The overseeing authority is not a policeman. It is a conscience keeper.

     

     

    This is an exhortation. A humble request. How clean is our own escutcheon before we pronounce moral judgment on all and sundry? Or as Aamir might say, “Apne ghirebaan mein jhaank kar dekha hai kabhi?”

    Paritosh Joshi was until recently CEO, Star CJ. He has been a marketer, a mediaperson and been a key officebearer on industry bodies. He can reached via his Twitter handle @paritoshZero

  • The former chairman of P&G and self-regulator ASCI on the decision to set up the National Advertising Monitoring Service with TAM

    ASCI is not a toothless tiger: Bharat Patel

     

    Bharat Patel

    By Robin Thomas

     

    The Advertising Standards Council of India (ASCI) has joined hands with TAM Media Research to introduce National Advertising Monitoring Service (NAMS) which will come into effect from May 1. The aim of the monitoring service is to reduce the number of misleading and unsubstantiated advertisements (see accompanying story: ‘Paradigm shift for self-regulation’). AdEx India, a division of TAM, will monitor around 350 televisions and 10,860 newspaper advertisements released every week.

     

    In conversation with MxMIndia, Mr Bharat Patel, former chairman of Procter & Gamble and Board Consultative Committee Member and also former Chairman of ASCI spoke about NAMS and its impact on consumer complaints. And that ASCI is not a toothless tiger!

     

    NAMS has been introduced shortly after the government asked ASCI to fast-track the decision-making process…

    Absolutely. In order to speed up decision-making, the CCC (Consumer Complaints Council) decided to meet twice every month from the earlier once a month meeting. This decision was made following the advice of Ms Ambika Soni, the Minister of Information and Broadcasting. We are open to receiving suggestions, and when the Ministry of Consumer Affairs pointed out that something needs to be done on the increasing number of consumer complaints, we decided to do monitoring and thus the introduction of National Advertising Monitoring Service (NAMS).

     

    And the discussion to set up NAMS?

    The discussion started over three or four months ago. We were in talks with a lot of people, including consumer organizations and we found that TAM has the best availability and resources for the service.

     

    There were reports of the government planning to launch its own version of advertising monitoring services to reduce consumer complaints…

    I don’t think it’s true because the Additional Secretary at the Ministry of Consumer Affairs denied any such move. So we don’t know how true this is but, the Ministry denied it at this stage. The I&B Ministry has been very supportive of the ASCI. They have, in fact, mentioned in their codes that any advertisement that violates the code of ASCI will not be allowed. The Consumer Affairs Ministry is also supportive of self regulation.

     

    What is your reaction on ASCI being called a toothless tiger? Will NAMS give ASCI more teeth in dealing with ads that violate ASCI code?

    Calling ASCI a toothless tiger is absolutely wrong.  Cable TV Act Rules state that no ad which violates ASCI’s code can be released on TV.  Nowhere in the world has such recognition of an advertising Self Regulatory Organisation (SRO) been granted by the Government. All the ads, against which a complaint is upheld by CCC, are modified or withdrawn voluntarily in writing by advertiser. In fact, the I&B Ministry sends all the complaints it receives to ASCI for adjudication. In print, nearly 80 per cent ads voluntarily comply with CCC rulings. So, how can ASCI be called toothless tiger? ASCI is not a toothless tiger!

     

    It has been 26 years since ASCI was established, what are the changes you think ASCI has brought to the minds of the consumers and the advertising industry?

    ASCI has increased awareness, atleast among its members who release 80 per cent of non-government advertising in India, on the need to have ads which are true, decent and fair to competition.  Consumers are also made more aware of ASCI as a service that can help remove ads which they find misleading or indecent or displaying unsafe practices. As a result, the total number of complaints to ASCI has increased from 770 in 2010/11 to about 2,000 in 2011/12.

     

     

    ‘Paradigm shift for self-regulation’

     

    I Venkat
    LV Krishnan

    According to the Advertising Standards Council of India’s agreement with TAM, AdEx India will identify ads which are potential violation of Chapter 1 of ASCI code – to ensure truthfulness and honesty of representation and claims made by advertisements against misleading advertisements. The advertisements that violate the ASCI advertising code will be forwarded to ASCI on a weekly basis, post which ASCI would process them as per its complaint redressal procedure involving its Consumer Complaints Council (CCC) for adjudication.

     

    AdEx India will monitor ads in the auto, banking, financial services and insurance, FMCG (including F&B), consumer durables, educational institutions, health care products and services, telecom and real estate sectors. AdEx will track more than 30 newspapers which is said to contribute over 80 per cent of national newspaper readership and all television channels across India in all languages.

     

    Said Mr I Venkat, Chairman, ASCI: “The National Advertising Monitoring Service or NAMS initiative is a paradigm shift for self-regulation in Indian advertising and probably a benchmark for the other countries. For such an important industry central initiative, TAM’s AdExIndiawas the obvious option to handle such a large responsibility that brought in requisite infrastructure, neutrality, integrity and quality.NAMSwill strengthen the ad self regulation redressal process manifold, as we will be able to proactively monitor wider number of ads. This will be in the best interest of the Indian consumers as it will significantly reduce release of misleading advertising in India.”

     

    Mr LV Krishnan, CEO, TAM Media Research said: “Apart from media measurement, for decades now, we have been playing a silent, yet central industry, role towards media (advertising) monitoring and analytics as well. Our partnership with ASCI is yet another reiteration of the neutral role we play within the Indian landscape.”