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Tag: ASCI

  • 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.”

     

  • In 2013, the CCC decided on 1842 complaints out of which 1477 were upheld

    ASCI cracks whip on misleading ads; Education, Personal Care products major defaulters

    By a correspondent

     

    In December 2013, ASCI’s Consumer Complaints Council (CCC) upheld complaints against 87 ads which was dominated by Health & Personal Care category that continued to lead with the highest number of complaints received.

     

    In 2013, the CCC decided on 1842 complaints out of which 1477 were upheld. Out of these misleading advertisements, approximately 40 per cent were the education sector advertisements and 36 per cent from the personal and healthcare category.

     

    In the year 2013, Advertising Standards Council of India introduced various initiatives ensuring quicker and stronger actions against all advertisements violating its code.  The National Advertising Monitoring Service (NAMS) helped the self-regulatory body to cast its net wide on the defaulting advertisers, and Online Complaint and Monitoring Service (OCMS) made it convenient and faster for consumers to file complaints against misleading advertisements.

     

    In addition, ASCI also launched online monitoring of ads to track advertisements in the online space and also introduced Suspension Pending Investigation for taking quick action against those advertisements whose continuation may be against public interest. These initiatives resulted in a five-fold increase in the number of complaints.

  • Recommendations from a UNFPA-Population report analyzing ASCI's decisions on indecent representationof women in advertising

    How India can see more gender sensitive ads

     

    Last week, Population First hosted a day-long workshop titled ‘Men are from Venus, Women are from Mars’. The event, supported by the United Nations Population Fund (UNFPA) and with Social Access as knowledge partner, saw key issues of gender sensitization being discussed.

     

    Although it was planned some months back, in the light of the Tarun Tejpal episode, there was much attention on the issues discussed.

     

    A key component of the workshop was a report analyzing decisions taken by the Adevertising Standards Council of India (ASCI) on indecent representation of women. The report was undertaken by Feroza Sanjana under the guidance of the UNFPA and Population First.

     

    We present here the recommendations made in the report and the conclusion.

     

    Towards greater participation: Three major means to motivate greater participation to strengthen ASCI’s complaints mechanism include a need for increased awareness of ASCI, increased gender sensitivity and strengthening compliance.

     

    (a) Greater awareness of the ASCI: With regard to awareness initiatives, despite starting a TVC campaign there still remains a low awareness of ASCI, according to Mr. Collaco and Mr. Narayan. There is a strong need to inform people of the existence of the complaints mechanism and the easy accessibility on the ASCI website. This could be done through strengthening the ASCI National ad campaign in print and TV to motivate consumers to complain to ASCI in case they find an ad misleading, offending or harmful. In order to further promote this, ASCI conducted a contest at Goa Fest to promote responsible creativity under the theme Creativity with a conscience, open to advertising, marketing and media professionals, which revolved around creating short films using a mobile phone, in which more than 120 teams participated.

     

    (b) Motivating the public and ASCI members to participate: Create widespread public demand for gender-sensitive advertising through the propagation of gender equality. Improve the participation from CSOs, NGOs and women’s groups in this initiative to advocate the correct depiction of women in advertising. Sensitise ASCI members to gender equality to increase suo moto complaints by conducting training workshops. The NAMS initiative of the ASCI when complete will also empower ASCI members with a database of gender-sensitive advertising.

     

    (c) Strengthening the compliance code: A major factor influencing the desire to complain is the rate of compliance of offending clients and advertisers with complaints upheld by the CCC. The compliance rate of total complaints upheld has increased from 75.4 per cent in 2007-08 to 86.4 per cent in 2011-12. For gender issues, the compliance levels to complaints upheld by the CCC are 100 per cent. However, the number of complaints upheld is very low to begin with. The compliance code needs to be more specific in case of gender-sensitive advertising. NAMS is a welcome initiative by the ASCI. Also decisions by the CCC need to be taken fast so action against offensive ads are taken as soon as they are aired and not after they are off air.

     

    The power of ASCI has considerably increased due to compliance with the ASCI Code being mandated in the Cable TV Network Act Amendment, 2006. However, outdoor and print ads are excluded from its purview. UNFPA and Population First with ASCI can take up the issue with the GOI to make ASCI a more comprehensive regulatory body.

     

    2. Create safe spaces for discussion: A major number of offensive ads come from product categories such as deodorants and cosmetics, including fairness creams. In the case of the former, there is a need for campaigns which reposition their product in a gender-sensitive manner. In case of the latter, a discussion and open debate should be started on whether advertising for fairness creams is problematic, or whether the product itself is a problem. If so, then a similar regulation as in the case of ads for alcohol and cigarettes should be applicable. UNFPA and Population First need to advocate discussions in various fora about these issues with a longterm view in mind.

     

    3. Highlight positives: There are examples of ads being made today which can serve as good examples of gender sensitivity and which deal with sex in a gender-neutral tone.

     

    (a) Build more evidence: There are still gaps in knowledge regarding the impact of the depiction of greater gender sensitivity in advertisements on sales. There is a strong need for further research in this field, as the findings of such a study will provide evidence-based advocacy with clients as well as advertisers.

     

    (b) Make it interactive: There is no formal mechanism to measure the impact of self-regulation in changing attitudes towards gender issues within the advertising industry. There needs to be a feedback mechanism to gauge the level of gender sensitivity in the industry as a whole. Reliable information can lead to a formulation of a good strategy towards gender sensitisation efforts.

     

    4. Specify and strengthen the ASCI Code: The rationales provided by the CCC are broad-based and at times underspecified. A detailed guideline on representation of women and gender sensitivity in advertising is needed to provide a uniform rationale which reduces subjectivity in decision making. In addition, a more specific code and quick implementation of NAMS will serve as an incentive to the general public to complain.

     

    Following this, it is suggested that the following clauses be included in the ASCI Code (See Table).

     

     

    Conclusion

    Between 2007 and 2012, ASCI has significantly strengthened its ability to self-regulate and has on average achieved a high level of compliance, which is now also mandated in law. To further build on this, we hope that the above findings provide concrete direction for future engagements between Population First, UNFPA and ASCI. Finally, we hope that better organisation, improved record keeping and a less restrictive anti-disclosure policy in the management of ASCI would help researchers in the future.

     

  • 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.

     

  • The Advertising Standards Council of India asks for withdrawl of Hike Messenger's online commercials

    ASCI asks Bharti Softbank to axe Taproot’s digital ads for Hike Messenger

    By Pritha Mitra Dasgupta

     

    The Advertising Standards Council of India has for the first time taken action against a digital ad, asking Bharti SoftBank to withdraw an online commercial for its free messaging app Hike Messenger because it violated its codes.

     

    The self-regulatory advertising watchdog has sent out a suspension order on a commercial titled ‘Keep Close Friends Close’ to both Bharti SoftBank and creative agency Taproot, after finding it “extremely offensive”.

     

    Arvind Sharma

    “This is the first time we could take a strict stand against an ad that was launched in the digital space,” Arvind Sharma, the outgoing chairman of ASCI and chairman and CEO India Subcontinent at Leo Burnett, said. Umesh Srikhande, CEO at Taproot, declined to comment. A person familiar with the development said Bharti SoftBank has agreed to take the commercial off YouTube. The company had released a set of four ads for Hike Messenger targeting young audience on August 27. One of them is set in a library where three boys spot a friend in a nearby seat with a girl. The boy with the girl ignores their hushed calls. Suddenly, one of the three boys stands up and screams abuses in Hindi and threatens to call the girl’s real boyfriend. And the boy sitting with the girl sprints out of the library. Although light-hearted in its tone, the film is riddled with abusive and obscene language and breaches the ASCI code, the regulator said.

     

    ASCI roped in internet giant Google as a partner to send out the suspension order, Mr Sharma said on the sidelines of the recently concluded ASCI’s annual general meeting. “And this collaboration with Google will hopefully go a long way,” he said.

     

    “Tracking ads releasing on websites is a huge challenge for us and we are taking baby steps in this space. The legal position is not well defined and we do not know how to even begin to monitor this vast ocean of websites,” Mr Sharma said. The regulator is now trying to get Facebook, Twitter and Linkedin on board as members to help it form a specialised team that will monitor ads on the Internet.

     

    Mr Sharma said the action against Bharti SoftBank’s ad was initiated after Allen Colaco, secretary general at ASCI, received a number of phone calls. The regulator brought the ad under the suspension pending investigation (SPI) article, where the ASCI chairman and two members of its consumer complaint council (CCC) make a fast-track decision. The SPI deals with ads that are obscene, indecent, and vulgar and that are against public interest.

     

    For this ad, Mr Sharma and two members of the CCC – Bobby Sista, founder and executive trustee at Population First, and Sameer Sathpathy, EVP and business head at Marico India – looked into the matter. “And we found it extremely offensive,” Sharma said. Besides sending out suspension order to both the client and the agency, ASCI have also written to various media companies that may have planned to release this ad on various media platforms to consider this ad as a serious offender.

     

    Source:The Economic Times

    Copyright © 2013, Bennett, Coleman & Co. Ltd. All Rights Reserved

    Licensed to republish

     

    See also: Maadar… Taproot crafts bold digital campaign for Hike

     

     

  • Narendra Ambwani, Director, Agro Tech Foods, was elected Vice-Chairman and Shashi Sinha, CEO, IPG Mediabrands India and Lodestar UM was appointed Honorary Treasurer

    Partha Rakshit is new Chairman of ASCI

    By A Correspondent

     

    Partha Rakshit

    The Advertising Standards Council of India (ASCI) unanimously elected Partha Rakshit, Proprietor, Partha Rakshit Associates, as Chairman of the Board of ASCI. Mr Rakshit has been a member of the Board of Governors for eight years. He takes charge from Arvind Sharma, CEO, Leo Burnett.

     

    Narendra Ambwani, Director, Agro Tech Foods, was elected Vice-Chairman and Shashi Sinha, CEO, IPG Mediabrands India and Lodestar UM was appointed  Honorary Treasurer.

     

    The other members of the new Board of Governors are: Advertisers:  Hemant Bakshi (Hindustan Unilever), Shantanu Khosla (Procter & Gamble Hygiene & Health Care), Jayant Singh (Glaxo SmithKline Consumer Healthcare), Media: Rajan Anandan (Google India), Sunil Lulla (Times Television Network), Benoy Roychowdhury (HT Media), I. Venkat (Eenadu), Advtg. Agencies: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)

     

    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.

     

    Said Mr Sharma, “Last year has been a very eventful year for ASCI. The NAMS Initiative which has seen a five-fold 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 approximately 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.’

     

    Added Mr Rakshit: “I believe ASCI’s biggest task in the coming year is to more vigorously disseminate ASCI’s guidelines through training programmes to 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 Consumer Complaints Council of advertising self-regulator Advertising Standard Council of India upheld complaints against 144 out of 174 ads in June 2013

    ASCI upholds plaints against 3 online and 1 YouTube ad

    By A Correspondent

     

    The Consumer Complaints Council of advertising self-regulator Advertising Standard Council of India upheld complaints against 144 ads in June 2013. Most of the misleading ads were from the health and personal care category followed by education sector, informs a communiqué. For the first time ever, ASCI has also tracked and upheld complaints against 4 online advertisements,   out of which one is an advertisement of Hindustan Unilever on YouTube, it adds.

     

    ASCI, through the National Advertising Monitoring Service (NAMS), has already started post tracking of advertisements in print and TV against which complaints are upheld.   Initial tracking results show overall there is 90% compliance from advertisers on ASCI’s decisions.

     

    HEALTH AND PERSONAL CARE:

    The CCC found the following claims in 58 health and personal care product or service ads 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. Hindustan Unilever Ltd: The advertisement of Sun Silk Perfect Straight that appeared online on the YouTube channel shows that ‘a girl packing/selecting all her hair straightening equipment and her friend telling her about a shampoo that can keep the hair perfectly straight after attending a gym session, party or even in other situations’.

    2. Jalan Healthcare: The advertisement claims that one can ‘Lose upto 11 kgs in 3 weeks with a written money back guarantee’. They further claim that ‘No excuses, no condition, no asterix; our solution: no diet, no exercise, and no weight gain even after you stop the  treatment as they correct  your metabolism with homeopathy’.

    3. Keya Seth Aromatherapy: The advertisement of Keya Seth Alopex Penta claimed that ‘it can stop hair fall’, ‘it makes every hair strand stronger and longer, five times faster than any other solution’.

    4. Charak Aushdhalay: The advertisement claimed that Charak Aushadhalay ‘provides correct treatment of STD, piles, impotence, premature ejaculation, nightfall,  inseminal disorders, less sperms, childlessness, white or red water, etc & stubborn diseases’.

    5. Zee Laboratories: The advertisement of Virgin Again Gel claimed that the ‘Vagina tightening and rejuvenating gel improves muscle tone’.

    6. Prem Henna Pvt Ltd: The advertisement claimed that Nisha Natural Henna Colour is ‘India’s first Ayurvedic base natural hair colour which contains Henna, Amla, Shikakai, Hibiscus & Aloevera’

    7. Slim Care Herbal Products Pvt Ltd: The advertisement claimed that Slim fast capsule and powder is the ‘new ultra slim fast capsule and powder that makes you slim and smart with no exercise, no side effects, no dieting’.

    8. Om Sivasakthi Pachilai Vaidhyasalai: The advertisement claimed that it provides ‘permanent solutions for diseases like Aids, weakness in sex, ulcer, paralysis and cancer through their leaf herbal treatment’,  ‘stone in kidneys will be diluted within one day by taking medicine only once’, ‘diabetes will be controlled within 90 days’.

    9. Dabur India Ltd: The Fem Turmeric Herbal Bleach claimed that it is a ‘herbal, mild & ammonia free bleach’.

    10. Johnson & Johnson Ltd: The Johnson’s Baby Natural Massaging Oil claimed that the ‘oil helps in 47% more weight gain’.

    11. Reckitt Benckiser (India) Ltd: The Mortein Naturguard advertisement shows ‘a lady spraying an unbranded pest control spray covering her mouth and nose with family and the dogs staying out door. However when she sprays Mortein Naturguard she is not covering her mouth and the family is happily playing in the room. The ad makes it appear as if the product is very safe, does not have any chemicals and is of natural ingredients.

    12. Adinath Ayurvedic Research Centre: The advertisement of Adinath Capsule claimed that this capsule ‘removes unwanted fats and gives proper shape to your body, gets rid of swollen, loose fatty body and tones it up with no side effects.  By using this capsule you can see the reduction of unwanted fats in stomach, waist and hips by yourself. It is an ayurvedic herbal capsule which leaves you with no weakness, no wrinkles.’

    13. Medikom Healthcare: The advertisement of 18 Plus Slimming Capsules claims that it ‘reduces obesity in just one course. It has no side effects’.

    14. AjitAyurved: The advertisement of Ajit Range of Products claims that it is the ‘most effective ayurvedic medicine till now for high blood pressure’. ‘One can consume B.P. Cure churna and see the effect in 15 days’. ‘It reduces the threat of heart attack to a large extent, helps to get rid of body heat and thins the blood’. ‘This medicine is very effective in the early stage of high B.P. This medicine is completely ayurvedic and has no side effect’. ‘One course of Heart Win capsule not just provides strength to heart and body by removing all weakness but also successfully helps to avoid heart surgery.’

    15. Sanjivani Naturals: The advertisement of  Sanjivani Naturals claims that it ‘helps counter obesity by reducing 10-16 kgs within 3 months in a completely natural manner.’

    16. Bhagwan Mahavir Heart Centre: The advertisement claims that  ‘treats heart blockages and angina with American technique without any bypass and angioplasty at a lower cost.’

    17. Spanking Products Pvt Ltd: The advertisement claims that Hair Growth ‘stops hair fall in 10 days, dandruff in 5 days and increases hair growth in 30 days with 100% guarantee’.

    18. Shuklas Vesaj Suraksha: The advertiser claims that at Shukla’s Ayurvedic Treatment Centre ‘will heal different health problems in 7 days. Hair problems like alopecia, pigmentation, vitiligo, white patches and eczema will also be cured within 7 days.

    19. Oro Herbal & Food Products: The advertisement of Oro Sperm Count claims that ‘it increases the sperm count in just three days and it gives vital power that helps to maintain normal sexual performance. 6 bottles of Oro Sperm Count are enough for healthy sperm productivity.’

    20. Sneha IVF & Fertility Centre: The advertisement claims that it ‘provides complete treatment for infertility.  One can fulfil your desire to have children.’

    21. SX-Plus Gold Churna and Oil: The advertisement claims that SX – Plus Gold Churna And Oil has a miraculous power. It ends impotency from its roots.  It is a reasonably priced product of North America and Canada’s popular HICI Co. It also Increases length and thickness of penis.’

    22. Dr Aroras Clinic: As per the advertisement it claims that Dr Aroras Clinic was awarded India’s Best Doctor 2013 for outstanding work in the field of sexology. Indian Health Organization accredited.’

    23. Dhanvantari Ayurvedic Hospital: The advertisement claims that they can help ‘cure tumour, cancer, kidney stones, paralysis. Patients who have been unsuccessful with trying all types of medicines should contact once for ayurvedic treatment’.

    24. American Cosmetic Clinic: The advertiser claims that it is the ‘Sub Branch of American Institute of Aesthetics and Medical Sciences (USA).’

    25. The Himalaya Drug Company: In the advertisement of Himalaya Complete Care Toothpaste, the TVC opens with a message of importance of `anti-oxidant’ having health benefits.  The commercial further communicates that anti-oxidant not only kills the germs but also removes toxins and further strengthen the gums and teeth and then, ultimately, the commercial concludes with a message that it is much more than gum protection. The pack of the toothpaste claims that the ‘use of the product would lead to 0% dental problems.  This claim is linked with an apteryx which states ‘with regular brushing, Himalaya Herbals range of Herbal toothpastes help prevent common dental problems related to gum and teeth and helps to achieve 0% dental problems’.

    26. NalamVivek Clinic: The advertisement claims that it is ‘World’s No.1 ayurveda eye drop medicine for all types of eye problems’. Visual implies getting rid of spectacles. Kidney stone will get cured in 5 Days treatment without the need of operation. Hearing blocks will be cured without operation.

    27. Emami Limited : Zandu Sonachandi Chyawanprash in their TVC claimed that ‘Only Sonachandi Chyawanprash contains gold which provides immunity and silver keeps the mind sharp’

    28. Madhavbaug Sane Care: Sane Care Range Product in their print ad claimed ‘Sane care nano gel gets rid of fat’.

    29. Aura Health Care & Education in their print ad claimed ‘No need of medicines, tablets, no side effects, no unnecessary expenses’,   ‘Get rid of heart attack, diabetes, uterus problems through acupuncture treatment’.

    30. Lupin Ltd: Lupin Asli power Musli capsule in their print ad claimed it helps ‘improve vitality, stamina and energy’.

    31. S P Pharma: S P Pharma product range in their print ad claimed that ‘U – Like – Breast cream or oil and capsules. Size and shape of breasts’,  ‘Panji hair oil and capsule stops baldness’,  ‘Maharaja gold capsule and oil – for time, vigor and size. Weakness due to aging and diabetes’.

    32. Marico Ltd: Livon Hair Gain Tonic in their print ad claimed ‘Increase your hair growth with the Latest Hair Gain Formula- Livon Hair Gain Tonic’.

    33. Ag herbs (Singapore) Pvt Ltd: In their print advertisement they claimed that it helps control the bladder naturally.

    34. KeshPari Oil Capsule & Hair wash in their print ad claimed that it provides 2 times healthy, strong and dense hair forms the roots.

    35. SM Dawakhana in their print ad claimed that their medicine can cure leucoderma may it be old or recent and change it into the colour of your original skin.

    36. Zafar Shafakhana in their print ad claimed that it provides a sure cure for physical weakness, Dhat  and night fall.

    37. Ayurved Health Care in their print ad claimed ‘Lose weight 100% in just Rs.4999/- 3 to 10 inch in 1 month’,  ‘No crash dieting/ no exercise’, ‘Once you reduce weight, it will not increase’,  ‘No side effects’.

    38. Ayurnidanam Ayurvedic & Panchkarma Clinic in their print ad claimed that it cures Sexual problems in males like premature ejaculation, stop in sperm generation, no sperm count, swapna vicar, pre and post marital sexual problems with the help of Ayurveda and Panchkarma.

    39. Men’s Health Clinic in their print ad claimed that it provides treatment for all types of sex related problems like premature ejaculation, impotency, low erection, semen in urine, night fall, low sperm count, weakness due to agedness and sugar.

    40. Satyajit Ltd: Larkspur Hair Vitalise, in their print ad claimed that it stops hair fall in 10 days.

    41. Dr. Animeshs Homeopathy: In their print ad claimed that ‘it provides permanent treatment of leucoderma’.

    42. Raj Dawakhana: Their advertisement claimed that they ‘provide permanent solution for all types of sexual problems like semen in urine, night fall, premature ejaculation, small, thin and lose personal organ’.

    43. Hercules Healthcare: The advertisement of Long Looks Height Gain Capsule claimed that it ‘World’s first invention and helpful in physical development’.

    44. TV- Mall: The TVC of Fair Look Cream show the photographs of some faces which were absolutely black and then they are showing fair faces to claim that they became fair after using the product.

    45. Pavizham Healthier Diet Pvt Ltd: The TVC of Pavizham Refined Rice Bran Oil claimed that it ‘protects from cancer and cholesterol’.

    46. Ambic Ayurve: Hopeliv DS Tablets /Syrup advertisement claimed that it ‘makes liver strong and fit’, ‘License to drink’.

    47. Shanti Ano Rectal Hospital & Kshar Sutra Centre: In their print advertisement, they claimed that it ‘provides treatment of piles and fistula without operation with advanced machines and get discharged within one hour.’

    48. Green Remedies Ayur Med Divis: Gramd Patlu Syrup, in their advertisement claimed that one can ‘consume Patlu to reduce weight and fat. By consuming it daily one can lose 2-3 Kg weight and fat in one month’.

    49. Chennai Unani Hospital: Their print advertisement claimed that ’25 qualified graduate /post graduate got registered doctors all together found this medicine for sex weakness in Male and made by several foreign herbals after doing lot of research as per the ancient people’. ‘Persons who don’t have children’s this siddha medicine creates 100 million live sperms on them and help to have child’. ‘This medicine can be consumed by Diabetes, Asthma, heart diseases and any other disease’s patients without any side effects’.

    50. New Bombay Cancer Homeopathic Hospital: Their print advertisement claimed that ‘Cancer is curable now!! Successful treatment for all types and stages of cancer at Homeopathic system of Medicine’, ‘Adopt Cancer cure and get rid of Cancer’.

    51. Ap Solvex Ltd: Ricela Refined Rice Bran Oil print advertisement claimed that it is ‘Oryzanol rich that reduces cholesterol’, ‘In a recent international research it was found that oryzanol is a nutritious element. This health enhancing nutritious element is found in just Rice Bran Oil’,  ‘Qualities of Oryzanol: Reduces Cholesterol,  fights cancer and diabetes, quality of reducing high blood pressure, helps in reducing problems of menopause and bones,  helpful in preventing gas problems, helpful in body building & keeps body youthful’.

    52. Hair Grow: Their print advertisement claimed that they provide ‘successful treatment for baldness with the help of herbs and bhasma, grows hair in few days, get rid of grey hair and helps grow black hair with guarantee’.

    53. Lavanya Ayurvedic Hospital: In their online advertisement, they claimed that it cures Cancer and AIDS.

    54. SBS Biotech Unit-II: More Power Capsules in their print advertisement claimed that it is ‘No.1 herbal medicine helpful for growing height which has stopped’. ‘Grow two times faster’ ‘for boys and girls in age group 8 to 35’.

    55. Guardian Lifecare Pvt Ltd: GNC Live Well print advertisement claimed that it is ‘America’s Largest Selling Health & Nutrition Supplements’.

    56. Nivaqueen Skin Oil: In their print advertisement, they claimed that ‘Vitamin E skin oil prevents and cures stretch marks’, ‘No more ugly marks from pregnancy or obesity’. ‘It’s unique formulation helps erase stretch marks or any unwanted blemishes on your skin’.

    57. Step Up Height Growth Formula: In their print advertisement, they claimed that it is ‘Herbal height growth formula’, ‘By consuming the medicine for one month the height increases one to two inches’.

    58. Khokar Dispensary: Their advertisement claimed that ‘For successful treatment of impotency, premature ejaculation, night fall, semen in urine, no child and other STDs one come to Khokar Dispensary’.

     

    The CCC found the following 2 personal care product ads released on line are violating Chapter III 1(b) of the ASCI Code as it derides colour of the skin. Complaints against these two ads were UPHELD:

     

    1. Hindustan Unilever Ltd: In the advertisement Ponds BB Cream is titled ‘The Future of India’. The ad goes on to talk about various benefits of the product and how women yearn to have fair skin.

    2. Emami Limited: Emami Fair and Handsome cream in their online ad showed a flow chart that depicts the various problems such as inferiority complex, not good looking, etc. affecting dark skin colored people.

    The CCC found the following 2 health and personal care product or service ads released in the press are violating Chapter II of the ASCI Code. Complaints against both these ads were UPHELD:

    1. Amba Health Clinic: The advertisement depicts women in an indecent and vulgar manner.

    2. Pam Cosmetics & Glasses Pvt. Ltd: The advertisement of French Factor Lust is depicting women in an indecent and vulgar manner.

    EDUCATION

    The CCC found following claims in print ads by 57 different advertisers were not substantiated violating the ASCI Guidelines for Advertising of Educational Institutions and hence the complaints against the ads were UPHELD –

    1. Endeavor Careers Pvt Ltd: The advertisement claimed that ‘3 out of 4 students who got into IIM Ahmedabad in 2011 are Endeavor students’, ‘for the 1st time in India, course material to tackle the unpredictable nature of CAT, specially designed by IIM Alumni.’

    2. Rayat Bahra: The advertisement claimed that it is ‘ranked no.1 in placements in Northern India.’

    3. Eastern Institute of Management: In their advertisement they claim that the institute has ‘internationally accepted and recognized degrees & over 10 years legacy in assuring 100% placements’.

    4. S D A Medical Institute & Research Centre: The advertisement claimed that it ‘provides B.Sc (Emergency & Trauma Care management) + BIMS, placement assured.’

    5. DeshBhagat Group Of Institutions: The advertisement of DeshBhagat University claimed that it ‘has provided 3500+ Placements in India & Abroad’. It is ‘No. 1 in Punjab for placements CSR 2011 & provides 100% placement.’

    6. LalBahadur’s Institute of Management &Technology: Their advertisement claims that it has been providing 100% placements in top companies for the last 17 yrs’.

    7. New Image Beauty Academy:  The advertisement claims that the academy gives a ‘Golden opportunity to go abroad with 100% job placement & pay starts from Rs. 10,000/month’.

    8. American Kidz: The advertisement claims that American Kidz is ‘India’s No. 1 Montessori School Chain’.

    9. IAM Institute of Hotel Management: The advertisement claims that it provides ‘100% placement for the last 20 years & is ranked India’s No. 1 Hotel Management Institute of Excellence (2011, 2012)’.

    10. Internapa College: The advertisement claims that Internapa College provides a golden opportunity for 12th  pass students to study in Cyprus (Europe). It has a 100% success ratio.

    11. Sarvoday Competition Classes: The advertisement claims that their ‘batch begins with written guarantee of selection’.

    12. Swami Vivekanand Institute Of Technology: The advertisement claims that their 100% placements are complete and now they are moving towards 200% placement.

    13. Shoolini University:  The advertisement claims that it’is ranked 2nd among Top National Private Biotech Institutes’.

    14. Sip Academy India Pvt. Ltd: Sip Abacus & Brain gym, in their print ad claimed that ‘they have 45,000 children and now is 5 times better.’ ‘SIP’s unique ISO certified training methodology guarantees to make your child 5 times better in arithmetic calculations’.

    15. Epitome Educational Society: Epitome Institute for Vocational & Professional Studies in their print advertisement claimed that it provides 100% placement after 25 days of training.

    16. Perception: In their TVC, they claimed that it ‘provides 100 % money back guarantee on crash course’.

    17. Yashi Films Pvt Ltd: Their advertisement claimed that they can provide ‘direct entry to Bollywood’ & ‘100% Placement’.

    18. Satyam Computer Education: Their print advertisement claimed that they guarantee ‘100% pass’, ‘100% promotion assured’.

    19. Footwear Design & Development Institute (FDDI):  Their print advertisement claimed that ‘it provides 100% placement record with leading corporates in India & Abroad’

    20. Soldiers Academy: Their print advertisement claimed that they can assure ‘Selection Guaranteed’.

    21. Aptech Limited: Arena Animation Academy in their print ad claimed that ‘it is Asia’s No. 1 Animation Training Institute.’

    22. Pathfinder Tutorials: In their print advertisement claimed that many of their students were successful in JEE (Main) 2013; the authenticity of the results was doubtful.

    23. ISS Computer Education Their print advertisement claimed that it provides 80% Offer! 100% job.

    24. Spice CNC Centre: Their print ad claimed that they guarantee ‘Job within 31 days’, ‘100% job who are trained by us Rs. 8,000 – 40,000 in India. Rs. 75,000 – 1,50,000/- in foreign countries’.

    25. Bright Academy, St Josephs Institute of Management, Sri Narayana Trust’s Gurudev Institute of Management Studies, Institute of Fashion & Jewellery Design (IFJD), Kit & Kim Technical Campus, Esportaa Fitness Training Academy, Dr It Group Of Institute, RoyalfedCenter of Entrepreneurs, Apeejay Education Society, Rudraksh  Professional Education Trust, Nehru College of Engineering and Research Centre, Pacific Education Society  – Pacific Institute of Hotel Management, Indian Institute of Social Welfare & Bus Management (IISWBM), Noida Institute Of Engineering & Technology, Adani Institute of Infrastructure Management (AIIM), Erina Infotech, Gandhi Institute of Management Technology. Elitte Hotel School, Sradha Institute of Health & Science, Ashu Protech Academy, Focus ITI, Institute Of Technical Skills, DSM Institute, Institute of Industrial Management For Safety-Health And Environment Community College, Relian IAS Academy, Aastha Institute of Multimedia, The Personality School, Orissa Institute of Management & Technology, Multani Paramedical Institute, Pragna Hospital: Complaints against advertisements of All  above educational institutes were UPHELD because of  unsubstantiated claim made that they ‘provide 100% placement’.

     

    CONSUMER DURABLES:

     

    The CCC concluded that the claims mentioned in the following 8 advertisements and cited in the complaints below were not substantiated.  The advertisements contravened Chapter I of the Code.  The complaints were UPHELD.

     

    1. Microfine Atta Maker: Their advertisement claims that, ‘the grinding cost per kg is only 0.50 paisa’. It is observed that Microfine Atta Maker consumes 1.09 unit of electric power for grinding approximately 5.5 Kgs of fine flour and if the cost of investment is added to it, the actual cost per kg of grinding is more than twice the amount claimed. Also, the advertisement claims that Microfine Atta Maker ‘has low temperature grinding technology’, ‘double action auto cleaning system’, ‘air cooled stainless steel hygienic grinding chamber’  and  it is ‘India’s No. 1’.

    2. APC Water Solutions: The advertisement of Apc Aquasafe claims that ‘it is India’s no. 1 brand.’

    3. Olive Power Solution: Microtek Range in their print advertisement claimed that they are the ‘largest selling series’, ‘More than 6 times better’.

    4. Bajoria Appliances Pvt.Ltd: The print advertisement of Kutchina Chimneys claimed that it is ‘Asia’s No.1. Brand’, ‘India’s first auto clean chimneys.

    5. Sweet Home Appliances Pvt. Ltd: Planet Classic 60 Bf print advertisement claimed that it is ‘India’s No. 1 in Kitchen Chimneys’

    6. Godrej Consumer Products Ltd: Godrej Air Conditioners TVC claimed that ‘Godrej Ac’s consume less power than a hair dryer.’

    7. Karbonn Mobiles: Karbonn A21 online advertisement claimed that the battery of the mobile phone never drains out.

    8. Samsung India:  Samsung Galaxy 4’s TVC shows  a person telling his friend that he has bought a Samsung Galaxy 4, and questionsHIM, ‘Do you know what I paid – ZERO.’ There is a PAUSE, and then he says, ‘Zero Down Payment, Zero – charge, etc.’

    TELECOM:

    Tata Teleservices Ltd: The advertisement of Tata Docomo Network shows a husband quietly eating a pizza at night when the Tata Docomo signature sound starts playing in the background. A voice over that starts ‘When you are enjoying your pizza, think of us because leading pizza chains use our network. So, are you on the network that is everywhere?’ The CCC viewed the TVC and concluded that the claim, ‘leading pizza delivery chains  use Tata Docomo network’, was not substantiated as the support was provided only for one chain i.e. Pizza Hut.   The advertisement contravened Chapter I.1 of the Code.  The complaint was UPHELD.

     

    MEDIA:

    CNBC Awaaz: As per the complaint, the advertisement depicts 5 bar graphs.  The tallest bar graph signifies CNBC Awaaz with 0.26 figure indicated on top of it.  The second tallest graph with a figure of 0.16 representing the channel, Zee Business is reduced to half the size of CNBC Awaaz’s graph and, the trend of drastically reducing the length of bar graphs of other channels viz. ET Now (0.06), NDTV Profit (0.02) and Bloomberg UTV (0.01) is followed.  Basing its claim on Television Audience Measurement (TAM) data, CNBC Awaaz has not mentioned the metric (viewership reach, share, GRPs etc) on which they are claiming their No.1 position in comparison with other channels. The CCC concluded that the claim of CNBC Awaaz being ‘No.1’ was not substantiated with comparative data, and was misleading by omission.  The advertisement contravened Chapters I.1 and I.4 of the Code.  The complaint was UPHELD.

     

    Punjab Kesari: In their print advertisement, they claimed that the circulation leadership across the states of Punjab, Haryana Chandigarh, Himachal and J&K. In the absence of comments from the Advertiser, the CCC concluded that the claims mentioned in the advertisement were not substantiated.  Also, the advertisement was misleading by omission.  The advertisement contravened Chapters I.1 and I.4 of the Code.  The complaint was UPHELD.

     

    Bennett Coleman & Co. Ltd: In the ‘I Lead India Campaign’ (Times of India) print advertisement. Complaint against stated that “the ad shows a disheveled face with the alarming words: ‘Dude, these Stray Dogs are a Menace.’ “The objective of the Ad is to encourage unbridled, illegal, criminal vigilantism which seeks to persecute innocent, defenceless and harmless stray dogs of India. It is in direct conflict with the Constitution of India.  Also, it is in violation of its laws from the Prevention of Cruelty to Animals Act”. The CCC concluded that the advertisement headline, “These stray dogs are a menace”, read in conjunction with the statements like “You rave about them.  You rant about them and remember if it makes your blood boil gives an impression that stray dogs are a real menace to society.”  This is likely to cause grave and widespread offence.   The advertisement contravened Chapter II of the Code.  The complaint was UPHELD.

     

    AUTO:

    Mahindra & Mahindra Ltd: The TVC of Mahindra Maximo shows a hero who is always in a hurry and everywhere he is saying ‘Jara Jaldi Mein Hoon’. He is so impatient on the road that he is shown overtaking a pick-up on a curve in the road. This amounts to dangerous driving. The CCC viewed the TVC and concluded the TVC showed dangerous driving. The advertisement contravened Clause (b) of the ASCI Guidelines on Advertisements for Automotive Vehicles.    The complaint was UPHELD.

     

    FOOD & BEVERAGE:

    The CCC concluded that the claims indicated in these 4 advertisements and cited in the complaints below were not substantiated.  The advertisements contravened Chapter I.1 or F&B ad guidelines of the Code.  The complaints were UPHELD.

     

    1. Parle Products P. Ltd: The advertisement of Hide n seek: shows the layer of the cream in the biscuit is quite thick and spreading till the edges. Even the wrapper shows the cream layer to be thick.

    2. GHCL Ltd: The advertisement of I-Flo Salt claims that I-Flo Salt is a Herbal Salt.

    3. Pizza Hut: The advertisement of Magic pan pizza shows the pizza at Rs. 44 only and shows two toppings on each pizza. It implies that two toppings are available on purchase of the magic pan pizza at the cost of Rs. 44.

    4. Cadbury (India) Ltd: The Tang TVC claimed that ‘Tang has fruits and it is good for health and a substitute for fruits as it provides various vitamins’.

     

     

    Nirma Ltd: The TVC of NirlifeEner-G drink shows ‘a child is late for school, denied entry by watchman, scales high walls, jumps over terraces, performs various stunts to gain entry via classroom window and proudly flips out ener-g drink and gains admiration of a girl in a class’. The CCC concluded that the TVC shows dangerous acts which are likely to encourage minors to emulate such acts in a manner which could cause harm or injury.  The advertisement contravened Chapter III.2 (b) of the Code.  The complaint was UPHELD.

     

    Radico Khaitan Ltd: Magic Moments Vodka in their print advertisement showed a model with actor Hrithik Roshan along with a bottle of vodka magic moments. The CCC concluded that the Ad was a surrogate Ad for a liquor product – Vodka.  The advertisement contravened Chapter III.6 of the Code.  The complaint was UPHELD.

     

    OTHERS: –

    Modi Builders & Realtors Pvt. Ltd: The advertisement of Splendour Apartments states that ‘150 families are staying happily and enjoying full amenities.’ As per the complaint, most of the facts are false. As for the amenities are concerned, only 40% of the promised amenities are complete. There is no maintenance, no security, no parking, no security cameras are switched on, clubhouse is half complete, no swimming pool, and lot of construction activity still in progress. Moreover, the only functional tennis court was closed after one of its border pillar fell due to high winds. CCC concluded that the claims were not adequately substantiated.  The advertisement contravened Chapter I.1 of the Code.  The complaint was UPHELD.

     

    Mash Audio Visuals Pvt. Ltd: In the Images Bazaar calendar, the title page says ‘the making of a BTB* calendar. The asterisk says Below the Belt. Working women in this calendar have been shown as sex objects. The calendar is extremely offensive to women and to working women in particular.  Particularly offensive are pages Oct 2012, Jan 2013, April 2013 and June 2013’. The CCC concluded that the pictures shown in the calendar for the months of January 2013, April 2013 and June 2013, were offensive to women and likely to cause grave or widespread offence.  The depictions in the calendar contravened Chapter II of the Code.  The complaint was UPHELD.

     

    Netafim Irrigation India Pvt Ltd: The advertisement of Netafim Drip Irrigation claims that it is ‘World’s No. 1 Drip Irrigation Company. This claim needs to be substantiated with necessary support data and market share data to prove that it is the world’s No. 1 Drip Irrigation Company.’ The CCC concluded that the claim, ‘World’s No. 1 Drip Irrigation Company’, was not substantiated with worldwide market share data.  The advertisement contravened Chapter I.1 of the Code.  The complaint was UPHELD.

     

    Apple Tree Chits India Pvt Ltd: The advertisement claims that they are ‘India’s No.1 Financial Company’ and is a Central and State Government recognised company. ‘It gives you money very quickly through proper channel without any risks’. 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.

     

    MahaDhan Lakshmi Yantram in their TVC claimed ‘brings wealth into one’s life. Keeping the yantra in one’s house pleases Goddess of wealth Laxmi and thus helps an individual to get ‘GuptDhanam’ (money through secret means) and RavalasinaDhanam (money that was supposed to be paid but has been held back for some reasons). Some actors posing as beneficiaries of this yantram tell how the product helped in improving their financial condition.’ In the absence of comments from the Advertiser, the CCC concluded that the claims mentioned in the TVC were not substantiated.  Also, the claims appeared to be gross exaggerations and likely to lead to grave or widespread disappointment to the consumers.  The advertisement contravened Chapters I.1 and I.5 of the Code.  The complaint was UPHELD.

     

    Yogapriya Marketing: Vent Air auto Gold in their print advertisement claimed that it is ‘World’s no.1’. In the absence of comments from the advertiser, the CCC concluded that the claim, ‘World’s No.1′, was not substantiated.   The advertisement contravened Chapter I.1 of the Code.  The complaint was UPHELD.

     

    During the month of April, the CCC also received complaints against 11 other advertisements. The complaints were received against the advertisements of Heinz India Ltd: New Complan with 8 Memory Chargers, Svaiza.com, Dabur India Ltd’Fem Hair Remover, Kellogg (India) P. Ltd’s Kellogg Special K, Daiki Brands Pvt. Ltd’s Biara Innerwear & PeriPeri Lingerie, Eternal Personal Care (I) Pvt Ltd’s Bad Boi, Nestle India Ltd’s Nescafe Cold Coffee, Clothing Culture Ltd’s Sin Casual wear, Hindustan Unilever Ltd’s Axe Apollo, TTK Healthcare Ltd’s Skore Condoms, Nestle India Ltd’s Maggi Hungrooo, Cadila Healthcare Ltd’s Sugar Free Gold & Sugar Free, GlaxoSmithKline Consumer Healthcare Ltd’ Paradontax Toothpaste, The Hongkong & Shanghai Banking Corp Ltd’s Education Plan, Everest Spices Cholle Masala, UniverCell, Myovatec Surgical Systems (P) Ltd’s Myovatec Obesity Program, Pepsico India Holdings P. Ltd’s Slice, Kasturi& Sons Ltd’s Sportstar Magazine, MIRC Electronics Ltd’s Onida Air Conditioners, State Bank of India’s Home loans, Vijaya Chemicals & Toilet  Works  Ashoka Sandalwood Talc, Sweet Heart Deodorant, Viacom 18 Media P. Ltd’s Comedy Central, Hardcastle Restaurants Pvt. Ltd’s McDonalds Pakka Indian, Shree Maruti Herbal’s Stay-On Dotted Condoms, United Spirits Ltd’s White Mischief Beach Wear &Accessories, Vintage India’s Vintage Sunglasses, Monet’s Pass Port, ITC Ltd’s Engage Deo Sprays. However, as these advertisements did not contravene ASCI’s codes or guidelines, the complaints were NOT UPHELD.

     

  • ASCI upholds complaints against 123 of 144 ads in May 2013 with th highest numbers of misleading ads are from the Education Sector

    Education sector ads lead in ‘misleading’ ads picked by ASCI

    In May 2013, ASCI’s Consumer Complaints Council (CCC) upheld complaints against 123 ads. Health, Personal Care and Education were the main categories that continued to make misleading and unsubstantiated claims and come under the scanner of the CCC. Since May was the peak season for admissions hence there was a sudden increase in the education sector ads. The education sector leads with a whopping 56 per cent of the ads (70 out of 123) against which complaints were upheld in the month of May 2013.

     

    HEALTH & PERSONAL CARE:

    The CCC found the following claims in Health & Personal Care product or service ads 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 –

    • Reckitt Benckiser India Ltd: The ad of Veet Body Moisturiser claimed that ‘8 out of 10 women who tried Veet Body Moisturiser agree that only this gives longer lasting smoothness’, ‘it’s unique pro minimize formula delays hair re-growth which makes your skin feel touchable, smooth for a longer time’, ‘Women agree that with Veet Body Moisturiser you need to remove hair less often’.
    • Dr. N. Dharmarajan Hospital: The hospital’s ad claimed that they can ‘help men in curing sex weakness, nervous weakness, having infertility problems& promises 100% success guaranteed in treatment’.
    • Dr. Batra’s Positive Health Clinic Pvt Ltd: The clinic’s ad claimed that they are ‘world’s largest homeopathy clinic chain’.
    • Jolly Pharma (India): Jolly Sunsex Gold Capsule & Oil’s ad claims that after the consumption of the capsule ‘weakness disappears, awakens pleasure, gives strength and vitality so that every moment becomes lively’, thevisual on the pack is shot with a picture of a man and women implies sexual pleasure.
    • Hindustan Unilever Ltd: The ad of Pond’s pure white Face Wash claimed that ‘Pond’s pure white Face Wash contains activated-Carbon which goes in the depth of your skin and removes dirt and pollution and saves you from being affected by any skin problems’, ‘you get instant glow on your skin’.
    • Sri Om AyurvedicSevaSansthan: The sansthan’s ad claimed that they can ensure ‘100% successful treatment of Brain, Heart, Kidney and stomach disease, kidney stone, prostate, Obesity, skin disease, Diabetes, Arthritis etc’, ‘Specialist of STD and Sexual disease, ‘Golden opportunity for unemployed’.
    • Dr. Paresh Patel Remedies: The clinic’s ad claimed that they are a ‘special clinic for knees’, they ‘give new life to your knees’. They further claim that ‘If you are suffering from unbearable pain of your knee joint and you are not even able to climb one step, such patients will be able to climb full staircase twice in just 3 days easily’, ‘you can sit on the floor by folding your legs, sound coming from your knees will be cured by modern LLLT laser treatment and medicine and you will be easily able to walk and climb stairs’, ‘pain will stop’.o Alfa Wellness: The ad claimed that they help ‘reduce weight 3 to 10 kg every month’, with ‘no surgery, no gym,no yoga and no side effects’.
    • Hindustan Unilever Ltd: The ad of Dove Split End Rescue Systemclaims saying ‘try the new Dove Split End Rescue System, its breakthrough split-end technology helps bring your split-ends together to give you up to 4x less split-ends’.
    • Sindhu Homeopathic Centre: Their ad claimed that the centre provides ‘Homeopathic treatmentwhich is safe, permanent, with no side effects, no operation for surgical disease’ & also help with ‘increased height & chest’.
    • Health Sanctuary: Their ad claimed that they can help with: ‘On the spot flab reduction through combination of Six Non-Surgical Lipolysis procedures. In just one session of combination – Lipolysis. -One can lose 12 -15cms (from two areas), helps removedouble chin and facial flab. So now, no matter how old, how stubborn, however soft or flabby is your fat, it’s going to go for sure, permanent and instant removal of stubborn fat, clinically proven with no side effect.’
    • Retail Guru India Pvt Ltd: The ad of Mirakul Pain Killer Oil claimed that they are ‘India’s No.1 pain relief oil’.# Dr. Manjiris Instasculpt: Their ad claimed that they ‘transform your body into a perfect hour glass in an hour, safe, non-surgical, permanent, instant’.
    • Bhagyesh Health & Beauty Care Pvt Ltd: Their ad claimed that Height Grow Capsule’75 lakh satisfied customers’, ‘World’s No. 1 product. Effective till the age of 34′,’ Increase your height up to 3-5 inches in 90 days’
    • Herbs De Olivia: Their ad claimed that Olivia HairRemover helps with ‘skin whitening moisturizing’, ‘it is dermatologicallytested’ ‘makes your skin fairer’, ‘allergen-free’.
    • KailashAyurved: Their ad claimed that it is ‘World’s No. 1 German Power increaser machine which gives successful treatment of small size, thin, crooked and gives you the shape you want’, helps with problems likeimpotency, nil sperms, night fall etc.’Also claims saying ‘with 30 days medicine get power increaser gel, excitement capsule, Masti Oil, DVD, 8 GB, memory card free.’
    • Bahar Hair Oil: Their ad claimed that the oil is’anti-baldness hair oil’, it ‘stops hair fall’, ‘starts re-growth’, ‘stops greying of hair’ and ‘get rid of baldness’.
    • MacarioImpexPvt Ltd: The ad ofSat Power Herbal Capsulesclaimed that they help in’physical problems in sexual life, weakness, tiredness, sex problems due to the mistakes done in young age, all can be completely cured by the siddha medicine which is made by siddha experts'(Pack visual implies product for sexual pleasure).
    • Big B XL Capsule & Cream: In their ad they claim that Big B XL Capsule & Cream helps you ‘enlarge and tighten, small and loose breast’, ‘get the real experience of womanhood by completely developing the breast’.
    • Breast Care Capsule & Massage Oil: In their ad they claim that it ‘increases the beauty and gives you the feeling of womanhood by developing the breasts that are underdeveloped and not in proper shape’, ‘increase the shape and beautifies the small, loose, shapeless breasts’, ‘take a 3 month test for sure’, ‘ad is information for R.M.P. only’&’results may vary’.
    • Om Sai Ayurveda India Ltd: In their ad they claim that it helps you ‘increase your height or get back the money’, ‘this medicine circulates your blood in the correct manner and gives nutrition to nerves and rejuvenates the hormones that increase the height’, ‘this medicine has to be taken for just 90 days and you will see for yourself the increase in your height or get back your money’, ‘expert consultation for sexual problems’, ‘increase in enthusiasm and strength or else get back your money’. (Visual of man and woman implying sexual pleasure enhancing product)
    • Eva Bio Trade X Pvt Ltd: In their ad Aamourr Capsulesclaims that it is a ‘natural ayurvedic alternative for men and women for vita, stamina, vigor and vitality’. Visual on pack shot suggestive of sexual pleasure.
    • Buster Health Care Ind. Pvt Ltd: In their ad Herbal Super 30 Capsules/Oilclaims that it provides ‘quick relief from impotence, premature ejaculation, small penis, thinness, bad nerves, masturbation, mistakes in childhood, infertility, less sperms and night fall.’
    • Hercules Healthcare: In their ad Long Looks Height Gain Capsule claims that they are ‘world’s first invention’, helps achieve ‘long looks’ for boys and girls (Grow Faster) & ‘helpful in physical development’.
    • Chaudhary Health Care – In their ad Sex Grow Powder/Nari Fit Syrup claims that the ‘sex grow powder develops nerves, gets rid of small size and thinness and makes nerves stronger and harder, this powder helps to get rid of premature ejaculation, night fall, Ghatnashak and less sperms’.
    • Dr. Nandlal Tiwari Pharmaceuticals Pvt Ltd.: In their ad Carctolclaims that it is a’ayurvedic medicine which is effective for treatment of cancer’. ‘This Ayurvedic medicine, Carctol has benefited patients those suffer from cancer of esophagus, uterus blood cancer, prostate brain, gal bladder, colen, breast, urinary bladder, bone ovary, etc.’
    • Luna Pharma:In its advertisementStonecure Kitclaims thatit is ‘100% treatmentwithout & it dissolves the stone from kidney’.
    • Fresh Fair: In its ad Fresh Fairclaims that ithas the ‘highest record of reducing 40-47 kg weight and increasing 1-10 inches height.’
    • Javerian Herbal LifesciencePvt Ltd: In their ad, Bangkok Night Capsules claims that it’fills your life with power, energy, self-confidence and brings new enthusiasm’, ‘Bangkok Nights Power capsules Gold Coated’Visual implies sexual pleasure claims.
    • Mayopathy Energy Centre: In its ad they claim that’If hands and legs disabled, cannot walk; admit them here & we make them walk’, ‘Mayopathy that i.e. Muscular dystrophy, paralysis, immaturity in brain, born with disabled legs, erosion in bones, joint pains all these can be cured within short period and make your child walk’,. The admitted children get physical improvement within 60 days’.
    • Medikom Healthcare: In their ad they claim that it is a ‘no. 1 course & is helpful to increase time and size’, ‘get rid of sex weakness, premature ejaculation, night fall, not taking time, lose nerves, small size, crookedness, less sperms’.
    • Chirayu Health Care Centre: In their ad they claim that one can ‘benefit in 15 days’, also help cure ‘small penis, thin penis, premature ejaculation, night fall, impotence, Get rid of nilsperms and increase sex time.’
    • Osho Ayurved Dawakhana: In their ad they claim that they help cure’male weakness, night fall, less sex desire, small and thin organ, premature ejaculation, seminal disorders’, ‘100% guaranteed ayurvedic cure for sex patients.’
    • Deemark Healthcare Pvt Ltd: In its ad, Deemark Shakti Prash says that’with time, there is inner weakness in males and females lose their desire, in such a case, married life loses its joy and domestic fights increase. In such situations Shakti Prash acts as panacea for males and females. It gives complete manhood to man and makes female complete.’ Visual in pack shots implies sexual pleasure benefit.’
    • Prince Pharma: In its ad, 2 Much Gold Capsules claim that it’increases energy, brings back youth, makes you healthy’, ‘forenthusiasm, zeal and strength’, ‘adds love to husband-wife relationship’. Visual of man and woman implying sexual pleasure.
    • BIOTECH UNIT – II: SanjeevanPharma – More Power Capsules’s ad claims that it helps ‘for physical development that has been stopped’, ‘helpful in stunted growth, body weakness, general debility’, ‘good growth is essential for getting a job as an air hostess.’ Visual implies improvement in stature.
    • Dabur India Ltd: In its ad, DaburLal Tailclaims that ‘If babies are massaged by DaburLal Tail, then the babies grows twice as fast’, ‘ingredients of the oil contain herbs that enable faster growth of the babies’
    • L’Oreal India Pvt Ltd: In their ad, L’Oreal White Perfect Laser Creamclaims that they provide’incredible whitening radiance superior to laser treatment’, ‘Super reads: laser treatment= 1 IPL session.’
    • Hearing Home Hospital: In their ad, they claim that if ‘You can’t hear? We make you hear within three hours from our treatment’, ‘Giving treatment to all ear related problems by curing completely’, ‘we make you to hear without surgery or ear phone’.

     

    Clear Skin Laser Skin & Hair Clinic: In its ad they claim that’Dark or tanned skin. Put a full stop to your frustrations’, Visuals are misleading. ‘Clear skin laser skin and hair clinic cures and control treatments for the severest and most stubborn cases of dark/ tanned skin’. These claims need to be substantiated with necessary support data, proof of efficacy, along with details of benefitted customers. The CCC, on examining the scientific data submitted by the advertiser, concluded that claim of ‘removal of tanned skin’, was not false. This complaint was NOT upheld. The ‘removal of dark skin’ was inadequately substantiated. This complaint was upheld.

     

    EDUCATION

    The CCC found following claims in print ads by 70 different advertisers were not substantiated violating the ASCI Guidelines for Advertising of Educational Institutions and hence the complaints against the ads were upheld –

    • Academy for British English: The academy’s ad claimed that they ‘provide100% job guarantee soon after training’.
    • Welkin Convergence Pvt Ltd: Their ad claimed that ‘Morning Mist’s lustrous can prevent baldness and help grow hair from the roots, naturally’.o  Jharkhand IT School (JITS): The school’s ad claimed that they ‘provide 100% job assurance’.
    • Brain Tree: The ad claims that the ‘Brain Tree at Marwa Arcade is No. 1 brand in IELTS coaching’.
    • Orissa Institute: The institute’s ad claimed that theyprovide fireman 100% job’.
    • PathikritInfotech Pvt Ltd: Their ad claimed that you can ‘earn 500-600 per day guaranteed’.
    • RonitInfotech Competitive Education & Amazing Institute of Management:Their ads claimed that they can get you ‘government job with 100% success’.
    • Eastern Institute of Management: The institute’s ad claimed that they are ‘internationally accepted and recognized degrees’, they have ‘Over 10 years legacy in assuring 100% placements’ & ‘ranked 53rd in the top 100 B-Schools of India’.
    • Technosoft Solutions: Their ad claimed thatthey ‘provide 100% job guarantee’.
    • A-1 Classes:Their ad claimed that one can ‘pass state open/Rajasthan board exam with guarantee’, ‘selection guarantee for RPMT / AIEEE’ & ‘selection guarantee for SSC / LIC / Bank’.
    • Eastern Institute for Integrated Learning in Management: The institute’s ad claimed that they provide ‘100% placement’, ‘174 Branded National and Multinational Companies recruited from the institute in 2011’, ‘they cherished National Record from a Single Campus in 2011’ and ‘155 Branded National And Multi-National Companies recruited from the institute in 2012’.
    • Coms Institute of Hotel & Business Management: The institute’s ad claimed that they ‘provide 100% job placement with legal agreement’.
    • Swami Vivekanand Coaching: Their ad claimed that they assure’100% success guarantee’.#  Tips CA Academy & Navdeep Academy: The ads of these academies claim that they’provide 100% pass guarantee’.
    • Gandhi Insitute of Management Techonology&Browns ITI: The ads of these institutes claim that they ‘provide 100% job guarantee’.
    • Prolific Systems: The ad of Prolific Systems & Technologies claims that ‘provides 100% placement for Engineering / Degree / Diploma / Electronics / Electrical’.
    • Guruvayurappan Institute of Management: The institute’s ad claimed that they are a ’17 year old B School’& has a ‘consistent 100% placement record’.
    • Lourdes Matha College of Science & Technology:The College’s ad claimed that they have been ‘creating 100% pass results for MBA regularly with first rank at university level’
    • Kalyani Technologies:Their ad claimed that ‘Only we give 100% job guarantee’.
    • Jamshedpur Institute of Engineering Technology: The institute’s ad claimed that they ‘provide MBA, BBA, BCA MCA, PGDCA,all IT and management courses with 100% result &placement record’.
    • Satyam Computer Education: Their ad claims ‘100% pass, 100% result assured’.
    • Jaibharat College of Nursing Teachers Training: The institute’s ad claimed that they ‘provide 100% placement in various public schools’.
    • Vivekanand Institute of Hotel and Tourism Management: The institute’s ad claimed that theyprovide ‘100% international &domestic placement’.
    • Naresh Technologies: The institute’s ad claimed that they’provide100% job guarantee, employability skills & enhancement program’.
    • SaVoip Expert: Their ad claimed that they ‘provide100% job guarantee for regular graduates and non-graduates (*CCIE certified only)’.
    • Accurate Group of Institutions: The institute’s ad claimed that they have won ‘Asia’s 3rd Best B-School Awards, Asia’s Best B-School (Overall)’, ‘Amar Ujala B-School Excellence Awards- Best Engineering Institute (North)’.
    • Vision Institute of Commerce & Management: The institute’s ad claimed that they assure ‘100% result’& it is the ‘only commerce institute managed and taught by well-educated and qualified faculty’.
    • Future College: Their ad claimed that the ’10th and 12th failures shouldn’t get disheartened & can pass with guarantee’.
    • Jagdish Institute of Industrial Technology: The institute’s ad claimed that they ‘provide placement assurance from the Institute
    • Suresh GyanVihar University: The University’s ad claimed that they ranked among top 3 private University of the country- study by Financial Express year 2009, ranked no. 1 private University of the country- study by DNA year 2011, Best Hotel Management institute of the country- study by CSR year 2012, Best E-campus of the country- awarded by Chairman of AICTE year 2012 &Rated A++ University- Study by Pioneer year 2013.Indian Institute of Business Management:The institute’s ad claimed that they ‘provide 100% National/Global Employment records’.
    • Asia Pacific Institute of Management: The institute’s ad claimed thatthey ‘100% training & placement in India/ USA/ France/UK/Germany etc.’
    • UltramaxInfonet Technologies P. Ltd: Their ad claimed that they’provide 100% job guarantee or money back’.
    • DR. REDDYS FOUNDATION: Their ad claimed that they ‘provides job in 45 days (10th to degree)’.
    • HORIZON COMPUTER EDUCATION: Their ad claimed that theygive’Best Job Guarantee Program for fresher’, ‘written guarantee minimum 6 lakhs’, ‘written job guarantee at enrolment, final payment after getting job’, ‘get guaranteed career as Network Security Professional’.
    • Genext Languages: Their ad claimed that they give ‘100% job guarantee’, ‘Rs. 10,000/- salary with guarantee in writing.’
    • XtremeInfosoftPvt Ltd: Their ad claimed that they give ‘assured job within 6 months’.
    • Indian Institute of Learning & Advanced Development: The institute’s ad claimed that they provide ‘100% assured placement or earn back upto 100% of course fee’.
    • IT Campus College of IT & Management: The institute’s ad claimed that they are ‘World’s No.1 International Certification with RHCE’.
    • Great Lakes Institute of Management: The institute’s ad claimed that they ‘provide100% placements since inception’.#   Central Institute of Plastics Engineering & Technology: The institute’s ad claimed that they provide ‘100% placements assured training program’.
    • Sumangal College of Business Administration: ‘get the appointment letter at the time of admission’.

     

    Thiagarajar School of Management, Features Hair & Beauty Academy, Dashmesh Academy, Navodaya Academy of Higher Hotel Administration, Merchand Polytechnic, ICBIO Clinical Research Pvt Ltd, Suhas Bose Insitute of Hotel Management, Insparc Technologies Inn InnPvt Ltd, Dsoft Global Technologies, Guruvayurappan Institute of Management, Prakritim School of Business & MIT Group of Institute, Wings Academy of Hotel Management, Annai Theresa College, New Horizons, Sapcloud soft Solutions, Kanara Institute of Hotel Management, Indian Institute of Journalism & New Media:All these advertisers claimed that they ‘ provide 100% placement’.

     

    FMCG:

    Vimal Oil & Food Ltd: Vimal Rice Bran Oil’s ad claimsthat ‘Vimal introduces the ancient Japanese anti-ageing secret-Rice Bran Oil, the finest cooking oil which helps you stay healthy and young’, ‘Oryzanol- Improves HDL/ LDL ratio, healthier heart’, ‘Squalene- Improves skin tone and delays wrinkle formation’, ‘Ferulic Acid – stimulates hormonal secretion, rejuvenates health’, ‘Balanced PUFA/ MUFA – Cleaner blood vessels’, ‘Tocotrienols & Phytosterols – Anti-cancer properties’, ‘Viatmin E- helps maintain balance of nervous system’, ‘Natural Antioxidants – Protection against diseases’, ‘ World’s Healthiest Cooking Oil’. ‘Super: Rice Bran Oil - Nearest to WHO recommendations’, ‘The Power of Oryzanol’, ‘Healthy u, Happy U!’The ad contravened Chapter I.1 of the Code. The complaint was upheld.

     

    CONSUMER DURABLES:

    The CCC concluded that the claims mentioned in the ads& cited in the complaints below werenot substantiated. The ads contravened Chapter I.1 of the Code. The complaints were upheld.

    • Sony India:The TVC of Sony Xperia Z Smart Phoneshows that the phone can be washed with water and still it works.
    • Multiplex Appliances Pvt Ltd:In their ad Vent Air Chimney claimed that it is ‘World’s No. 1’.
    • SpaceageMultiproductsPvt Ltd:In its advertisementEasy Breather air purifierclaims that it ‘produces air vitamins – produces negative ions popularly known as air vitamins to relieve you from allergies and respiratory problems’.
    • Kent RO System Ltd: In its ad, Kent Home Appliances claims that ‘Kent range of mineral RO Water Purifier is the world’s most certified and awarded purifier’ & ‘it is the world’s first compact water softener’.

     

    TELECOM:

    Vodafone Essar Ltd:Vodafone’sprint ad promises ‘Unlimited Internet’ starting at Rs.199 per month. There is no fine print or disclaimer. The back page shows ‘Pack Allowance’ and each pack has data limit after which it is at reduced speed. So there is a limit. By definition, unlimited shouldn’t have a limit. What is the ‘full speed’ is or what is the ‘reduced speed’; is not mentioned in the ad. 3G and 2G specifications have certain data speed standards. If after the allowance speed is throttled, then the connection is not 2G or 3G. The CCC concluded that the claims mentioned in the ad were not substantiated. The ad contravened Chapter I.1 of the Code. The complaint was upheld.

     

    OTHERS: –

    Cricket Centre (BCCI):The IPL 20’s TVC shows theme dance of IPL in a rail compartment which is likely that youth and children may imitate this and fall off the running train. The CCC viewed the TVC and concluded that a youth dancing near the open door of a running train was a dangerous activity and violated Ch. III.2 (b) of the Code. The complaint was upheld.

     

    LA OPALA PG Ltd:Their ad claimed that the LA OPALA PG Ltd is ‘India’s No.1 tableware brand’. The CCC concluded that in the absence of comparative data, the claim of India’s No. 1 Tableware Brand was not substantiated. The ad contravened Chapter I.1 of the Code. The complaint was upheld.

     

    Ganesh Grains Ltd: In their advertisementGanesh Premium Chakki Attaclaims that it is’the fastest to reach your kitchen from the wheat fields’ and ‘thefreshest’..The CCC concluded that the claims were not substantiated. The ad contravened Chapter I.1 of the Code. The complaint was upheld.

     

    Sanmarg: In their ad, Sanmarg the oldest & largest Hindi dailyclaims that its ‘94% of Hindi readers in West Bengal read Sanmarg’. They have quoted the ABC figures of January-June 2012 for their Kolkata edition showing circulation as 1, 10,491. During the period under reference, the circulation figures of ‘PrabhatKhabar’ Kolkata edition as per ABC were 51415 copies per day.In the absence of comments from the Advertiser, the CCC concluded that the claim, ‘94% of Hindi Readers in West Bengal read Sanmarg’, was not substantiated and was misleading. The ad contravened Chapters I.1 and I.4 of the Code. The complaint was upheld.

     

    Sri Hari Agro Industries: Their ad claims that’using mustard oil reduces chances of heart attack by 71%’..In the absence of comments from the advertiser, the CCC concluded that the claim, ‘Using mustard oil reduces chances of heart attack by 71%’, was not substantiated. The ad contravened Chapter I.1 of the Code. The complaint was upheld.

     

    Jalganga Irrigation:In their ad, Netafim Drip Irrigationclaims that they are’World’s No. 1 Drip Irrigation company’.In the absence of comments from the Advertiser, the CCC concluded that the claim, ‘World’s No.1 Drip Irrigation Company’, was not substantiated. The ad contravened Chapter I.1 of the Code. The complaint was upheld.

     

    F.M. Marketing: In their ad, Og – 3 Veg claims that ‘Vegetarian Omega – 3 are from Flax Seeds’. The super reads:’Soft gelatin capsules cell is not vegetarian’.The CCC concluded that the claims mentioned in the Ad and cited in the complaint were misleading. The ad contravened Chapter I.4 of the Code. The complaint was upheld.

     

    During the month of April, the CCC also received complaints against 11 other ads. The complaints were received against the ads of Department of Tourism – Government of Kerala, Hindustan Unilever Ltd – Fair & Lovely Multi Vitamin fairness cream, Tata Motors Ltd – Tata Sumo, ITC Ltd – Vivel Fairness cream, Volkswagen Group Sales India Pvt. Ltd – Volkswagen Polo, Perfetti Van Melle India Pvt. Ltd – Mentos Contest, Numero Uno Clothing Ltd – Jeans, NuzenPvt Ltd – Nuzen Gold Hair Oil, Pepsico India Holdings Pvt Ltd – 7 Up, India Sport Forum 36, Hardcastle Restaurant Pvt Ltd – McDonalds, Bajaj Corp Ltd – Bajaj Kailash Parbat Thanda Tel, Titan Industries Ltd – Fast Track Watches, Fast Track Bags, Fast Track Goggles, Nikon India Pvt Ltd – Nikon Coolpix S5600, Cheil Worldwide – Samsung Television, Hindustan Unilever Ltd – Sunsilk Long & Strong & Axe Deodorant, Symphony Ltd – Symphony Coolers. However, as these ads did not contravene ASCI’s codes or guidelines, the complaints were not upheld.

     

  • The ASCI upheld complaints against 40 ads in April 2013, of which one was an SMS ad for a McDonald's outlet.

    I’m lovin’ it! ASCI pulls up SMS ad for incorrect claim

    By A Correspondent

     

    In April 2013, ASCI’s Consumer Complaints Council (CCC) upheld complaints against 40 ads. Health & Personal Care and Education were the main categories that continued to make misleading claims and come under the scanner of the CCC. Health & Personal Care sector leads with a whopping 52 per cent ads (148 out of 287) complaint upheld in the first four months of 2013.

     

    ASCI is proactively strengthening its awareness to cover ads in every media form. One such step was taken in the month of April when, for the first time, it received and upheld a complaint against an SMS ad sent out by Hardcastle Restaurants Pvt Ltd for McDonalds. (Details in the CCC report below under ‘Others’ category).

     

    HEALTH & PERSONAL CARE:

    The CCC found the following claims in Health & Personal Care product or service ads released in (newspapers) the press to be either misleading or false or not adequately/scientifically substantiated and hence violated the Chapter I of the ASCI code. Some of the Health Care products or services ads also contravened the provisions of the Drug & Magic Remedies Act. Complaints against the following ads therefore were upheld:

     

    – Naaz India Company: Naaz Fat Cut Granuals in their advertisement claimed that they are a ‘new invention regarding obesity’, ‘result of 10 years of hard work of doctors’, ‘no side effects on body’, ‘body does not become over weight or underweight’, ‘skin becomes tighter, youthful, beautiful &doesn’t loosen again’, ‘stomach becomes flat for sure’, ‘government recognized medicine’, ‘expert doctors of Naaz India health care company have made Naaz cut granules for complete fat reduction & it is approved by Government Ayurveda department of India’.

    – Sagar Dispensary’s advertisement claimed that ‘Dr. S.A. Ali is an expert in STD’. ‘Treats patients with problems like less sperms, impotence & provides complete and permanent cure’, ‘our successful treatment has cured lakhs of disheartened patients and given them new life’.

    – Anant Clinic’s advertisement claimed that it ‘provides successful cure of male infertility’, ‘internal weakness’, ‘premature ejaculation erectile dysfunction’, ‘childlessness’, ‘skin disease’, ‘psoriasis and tumour in breast’.

    – GM Pharmacy: Sadabahar Sugar Free’s advertisement claimed that ‘Sadabahar sugar free is a diabetes killer powder’, ‘most effective medicine in diabetes’.

    – Nature Green Herbal Care’s advertisement claimed that, ‘it increases time of your sexual activities’, ‘made with miraculous desi herbs’, ‘100% result, and no side effect’.

    – Herbal Icon India: Trugesic’s advertisement claimed that it ‘helps to get rid of kidney stones in just 9 day course’, ‘magical ayurvedic medicine’.

    – Alshifa Churna’s advertisement claimed that it gives ‘result in 10 days of extra fat reduction on stomach’, ‘gets you relief from constipation, sugar, high blood pressure, gas, acidity and piles without operation’.

    – Sarkar Dispensary’s advertisement claimed that it ‘is the Best Ayurvedic clinic of 2011’

    – NCP Herbal: Sovolin Ayurvedic’s advertisement claimed that it ‘gives soft, smooth and silky skin with the touch of Sovolin which other cannot give’.

    – IPSA Labs Pvt Ltd.: Eraser Ayurvedic Skin Cream’s advertisement claimed that it ‘is a mixture of 8 essential herbs which removers every kind of spots from your face and skin’.

    – Musli Sakthi Herbals Pvt Ltd.: Musli Sakthi’s advertisement claimed that there’s ‘no need of Viagra now’, ‘first time in the world Musli Sakthi in silver colour powder form’. ‘Complete result within 7 days’, ‘happiness in sex and immediate solution for the sex problems’.

    – Gogaji Hair & Skin Care Centre: Gogaji Hair Oil’s advertisement claimed that ‘Gogaji Hair Oil stops baldness, stops hair fall.’

    – Stammering Cure Centre advertisement claimed that the centre ‘Partha Bagchi (world leader in stammering cure since 22 years) cures stammering in 12 days.’

    – R K Herbals Pharmacy’s advertisement claimed that ‘this formula is 400 years old and has been used by the Nawabs and the Maharajahs to enhance their sexual life.’ ‘It improves vitality, increases volume and quality of semen, helps in treating erectile dysfunction.’

    – Raj Power Capsules’s advertisement claimed that ‘relief to sex weakness in males within 2 hours’, , ‘nervous weakness’, ‘quick disposal of sperms’, ‘inability to enjoy long time sex’, ‘sex effects due to diabetes to cure all these problem’.

    – KPR Herbals’s advertisement claimed that ‘Sex weakness in men and all sex related diseases can be cured by Power Booster’, ‘not interested in sex’, ‘couldn’t achieve complete satisfaction in sex’, ‘erotic problems’, ‘fast disposal of semen while on sex’, ‘couldn’t satisfy sexually your mate’, ‘weakness of sperms all these can be cured through our herbal medicine treatment’.

    – Lotus Granges (India) Ltd: Scent Soft Bio’s advertisement claimed that ‘it is made to eliminate objectionable odour with helpful microbes, which digest bad smell’.

    – Naaz India Company: Naaz Hair Up Oil’s advertisement claimed that it ‘stops hair fall’, ‘provides successful cure of baldness’.

    – Kamboj Foods Pvt Ltd: Kamboj Proper Diet’s print advertisement claimed that ‘Benefits of Kamboj Proper Diet 100% Natural QPM grain are that, it helps you rid of obesity and weakness, increases IQ and immunity power, makes your married life happy, keeps IT professionals away from stress.’

     

    EDUCATION

    The CCC found following claims in print ads by 12 different advertisers were not substantiated violating the ASCI Guidelines for Advertising of Educational Institutions and hence the complaints against the ads were upheld:

     

    – Lakhani Academy advertisement claimed that ‘Lakhani Academy will give 100% fees refund, if students fail in IPCC/CPT.’

    – Indian Institute of Learning & Advanced Development’s advertisements claimed ‘100% assured placement’, ‘earn back upto 100% of course fee’.

    – Maharishi Basant Tutorials in its advertisement claimed that ‘guaranteed success program for IIT-Jee, else 100% fee refunds’.

    – Alchemist’s advertisement claimed that ‘it has more than 22 students in 99 percentile and 78 students in 95 percentile’.

    – Mukils English Academy’s advertisement claimed that it ‘provides 100% job guarantee on all courses’.

    – IT’S THE Education Group, Sai National Intuition of Technology (SNIT)’ & Tulip India’s advertisement claimed that they ‘provide 100% placement’.

    – Fastrack Institute of Technology’s advertisement claimed, ‘100% Job Guarantee’ & ‘100% Course Completion Guarantee’.

    – Swami Vivekanand Institute of Technology’s advertisement claimed that it ‘provides 200% placement.’

    – Saffron Eduworld Pvt Ltd: Saffron Eduworld Coaching’s advertisement claimed ‘JEE 100% guaranteed result or money back.’

    – INPTC advertisements claimed ‘100% placement’ & ‘INPTC-

    – Mahatma Tutorials: The advertisement claimed that Mahesh Tutorials ‘provides 100% success guarantee’.

    – Subhash Bose Institute of Hotel Management: The advertisement claimed that ‘273 out of 273 students were placed in 2012’ by the institute.

    – Amity University: In the ‘MBA 2013 Admission Notice’ print advertisement, the Amity University is showing its rankings given by ‘Business Today’ and ‘The Economic Times’ without providing the details of the years of ranking which is misleading.

     

    OTHER FMCG:

    Ganesh Wheat Product Pvt Ltd: Ganesh Atta’s print advertisement claimed that they are ‘processed through reverse osmosis, Ganesh bajra Atta and Ganesh Makkai Atta, prevent several health hazards and give you more nutritious and delicious rotis every day, Bajra (pearl millet) and Makai (Maize) are processed through water purified by reverse osmosis which makes the rotis more wholesome’. These claims need to be substantiated. In the absence of comments from the advertiser, the CCC concluded that the claims mentioned in the advertisement were not substantiated. The advertisement contravened Chapter I.1 of the Code. The complaint was upheld.

     

    CONSUMER DURABLES:

    Aqua Corporation: Aqua Pure Guard Water Purifier’s print advertisement claimed that it is ‘World’s No.1 water purifier’. This claim needs to be substantiated. In the absence of comparative data from the Advertiser, the CCC concluded that the claim, ‘World’s No.1 water purifier’, was not substantiated. The advertisement contravened Chapter I.1 of the Code. The complaint was upheld.

     

    OTHERS:

    Hardcastle Restaurants Pvt. Ltd: – McDonald’s promotional SMS shows ‘McVeggie or McChicken FREE on order of Rs. 200/- above with McDonalds. Mention coupon code MCD07 while ordering, valid till 7/1/13. Call Now 66000666. T & C.’ The complainant was at the McDonald counter at the Food Court, Inorbit Mall, Malad (West) on 6/1/2013 and was informed that this SMS was sent purely for home delivery ONLY.

     

    According to the complaint, (The) the SMS advertisement that McDonalds sent was totally misleading. It simply said “call now” and not that it applies only for “Home Delivery”. The CCC concluded that the advertisement – SMS was misleading by omission, as it did not mention that the offer of a free McVeggie or McChicken applies only to Home Delivery. The advertisement – SMS contravened Chapter I.4 of the Code. The complaint was UPHELD.

     

    Pernod Ricard India P. Ltd: Jacob’s Creek, the print advertisement is a promotion of a liquor brand. Advertising of liquor is prohibited is prohibited by most States. The CCC concluded that the communication was an Advertorial pertaining to a Surrogate product. The complaint was UPHELD as it contravened the Brand Extension Guidelines as mentioned in Chapter III.6 of the Code.

     

    Dr. Nigam’s Health Pvt Ltd.: Dr. Nigam Hair Multiplication’s “Dr. Nigam” has been tarnishing the brand of RichFeel and maligning it in their ads. The brand has also been deliberately using RichFeel’s brand template colour and a misrepresented brand look alike logo (RichFeel’s logo has two E’s, one of which is a mirror image of the other) as well, besides picking up scientifically proven points pertinent to RichFeel in their communication and negatively portraying the brand. The CCC concluded that the advertiser has made unjustifiable use of the name of Richfeel and taken unfair advantage of the goodwill attached to its trade mark and goodwill acquired by its advertising campaign. The advertisement contravened Chapter IV.2 of the Code. The complaint was UPHELD.

     

    Akansha Hair & Skin Care Herbal Unit Pvt Ltd: Akansha Sukhparash’s advertisement claimed that it ‘makes your face fair and removes wrinkles from your face’. After reviewing the advertisement and advertiser’s response, the CCC concluded that the claim, “makes your face fair”, was not substantiated. The advertisement contravened Chapter I.1 of the Code. This complaint was UPHELD. After reviewing the advertisement, the CCC realized that the ad does not claim to remove wrinkles from face, this complaint was NOT UPHELD.

     

    During the month of April, the CCC also received complaints against 11 other advertisements. The complaints were received against the advertisements of Aviva Life Insurance Company India Ltd, Euro Fashion Inners International (P) Ltd – Euro Briefs, Great Eastern Management School – GEMS B School, Hindustan Unilever Ltd – Comfort 1 Rinse Fabric Conditioner, Keya Seth’s Ayurvedic Solution – Keya Seth’s Umbrella Sunscreen Lotion, Kaleesuwari Refinery Pvt Ltd – Gold Winner Sunflower Oil, Mankind Pharma Ltd -Manforce Condom, McNROE Consumer Products P. Ltd – Wild Stone Deodorant, Piaggio Vehicles Pvt Ltd– Vespa, Times Business Solutions Ltd – Magicbricks.com, United Spirits Ltd – Kingfisher. However, as these advertisements did not contravene ASCI’s codes or guidelines, the complaints were not upheld.

     

  • The ASCI upheld complaints against 52 of the 84 ads reported to it. The healthcare category was in the lead, with complaints upheld against 23 ads.

    ASCI upheld complaints against 52 ads in March 2013

    By A Correspondent

     

    In March 2013, ASCI’s Consumer Complaints Council (CCC) upheld complaints against 52 ads. Healthcare, Education and Personal Care were the main categories that continued to make misleading claims and come under the scanner of the CCC.

     

    The CCC found following claims in health and personal care products or services ads released in Newspapers to be either misleading or false or not adequately/scientifically substantiated and hence violated the Chapter I of the ASCI code. Some of the Health Care product or services ads also contravened the provisions of the Drug & Magic Remedies Act.

     

    The CCC found following claims in print ads by 14 different advertisers were not substantiated violating the ASCI Guidelines for Advertising of Educational Institutions and hence the complaints against the ads were upheld.

     

    Media

    1. The Economic Times: ET Now in their print ad claimed that ”ET Now is the undisputed leader on the budget date, only our competitor will say it was a bad budget.” They have quoted ET Now has 64% of the market share and CNBC TV18 has 36% of the market share. The CCC noted the contents of the ad and concluded that the market share claimed by the advertiser was not adequately substantiated. The advertisement contravened Chapter I.1 of the Code; therefore, the complaint was upheld.

     

    Automobile

    1. Honda Siel Power Products Ltd. In the Honda Brio TVC, the company had not mentioned anywherethat the features showed in the vehicles are not the part of the standard package. The CCC viewed the TVC and concluded that the features of the car portrayed in the ad were of the top variant and werelikely to mislead consumers into believing it was the standard package. The ad contravened Ch.1.4 of the Code and the complaint was upheld.

     

    FMCG

    The CCC found following claims in print ads by three different advertisers as either misleading or false or unsubstantiated and hence the complaints against the ads were UPHELD for violating Chapter I of the ASCI code –

    1. Hindustan Unilever Ltd. Brooke Bond shows tea as a replacement for exercise.

    2. Agro Tech Foods Ltd. Sundrop Heart Oil claimed, “Sundrop Heart reduces cholesterol and increases life.”

    3. SRBH Technology Raashi Chakki Fresh Atta claimed, “Raashi Chakki Fresh Atta is Purer than flour made at home.”

     

    Consumer Durables

    1. Eureka Forbes Ltd. – Eureka Forbes Ltd in their print advertisement claimed “Every morning, over 10 million mothers trust only Aquaguard – Paani Ka Doctor.” The complaint against “Aquaguard Enhance – Green RO that saves upto 30% water” was not upheld as the advertisers were able to substantiate it with necessary scientific data. While the complaint against “Every morning, over 10 million mothers trust only Aquaguard – Paani Ka Doctor” was upheld. The advertisement contravened Chapter I.1 & 1.4 of the Code.

     

    2. Panasonic Blue Water Purifiers in their print ad claimed “Turns water into a blessing – Swasthaaya Bhav – Alkaline Water for Healthy Life”. The advertisers were not able to substantiate the claim with necessary data and inputs. The ad contravened Chapter I.1 of the Code. The complaint against the ad was upheld.

     

  • As NAMS has started tracking upheld complaints to ensure that these ads don't reappear, ASCI plans to report any reappearance of upheld complaint ads to the statutory authorities for further action, and has increased the frequency of CCC meetings

    ASCI for faster, stronger action against ads violating code

    By A Correspondent

     

    The Adverting Standards Council of India (ASCI), the advertising content self-regulating industry watchdog, has announced three significant initiatives to ensure faster and more stringent action against all advertisements which violate its advertising code and guidelines.

     

    ASCI, through its National Advertising Monitoring Service (NAMS), has now started tracking advertisements in print and TV nationally against which complaints are upheld. If they continue to re-appear without removing or changing objectionable portions of the ad, ASCI will report these advertisements to the relevant statutory authorities for action according to the law of the land.

     

    To speed up the decision-making process and handle multi-fold increase in complaints due to NAMS, ASCI has introduced an additional Consumer Complaint Council (CCC). As a result, CCC meetings will now be held every week instead of every fortnight. This will further reduce the average complaint adjudication time. The self-regulatory body has also appointed Shweta Purandare as Chief Operations Officer (COO) to drive the investigation of complaints, besides heading the complaint redressal and follow-up process.

     

    Arvind Sharma

    Commenting on these initiatives, ASCI Chairman Arvind Sharma said, “ASCI has been continually innovating to protect the interests of the consumers and all these initiatives are steps towards that. 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. The appointment of a COO and an additional CCC will go a long way in ensuring speedier and more effective complaint redressal process. ”