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Tag: ASCI

  • It upheld complaints against 190 advertisements, out of 228 advertisements evaluated by them

    ASCI upholds complaints against 190 ads for June 2019

    By A Correspondent

     

    (L-R) Joint Secretary Anil Bahuguna, Deputy Secretary G C Rout of DoCA

    During the month of June 2019, ASCI investigated complaints against 334 advertisements, of which 106 advertisements were promptly withdrawn by the advertisers as soon as they received communication from ASCI. The independent Consumer Complaints Council (CCC) of ASCI upheld complaints against 190 advertisements, out of 228 advertisements evaluated by them. Of these 190 advertisements, 112 belonged to the education sector, 40 belonged to the healthcare sector, 10 to personal care, seven to the food & beverages sector, five to the media / broadcasting sector, five from consumer durables and 11 were from the ‘others’ category.

     

    The trend of advertisements featuring celebrities without observing guidelines for celebrities in Advertising continued. The CCC pulled up a renowned celebrity couple that endorsed an ‘Antibacterial’ paint brand claiming it to be endorsed by the Indian Medical Association (IMA). One of the bestseller water purifier brand featuring a Bollywood superstar claimed to instantly incorporate the benefits of copper in the purified water, equating it with water stored overnight in copper vessels. A well-known celebrity associated with cricket as well as a few cricket players endorsed a detergent product which had a misleading claim of it being consumers’ choice for its product quality. A claim endorsed by a famous cricketer for a gaming app being ‘India’s Favourite Fantasy Cricket Game’ was also not substantiated.

     

    Speaking on the update, Shweta Purandare, Secretary General, ASCI, said: “We are extremely happy with this development as this reiterates the government’s faith in the work done by ASCI over the years. What ASCI brings to the table is not just the unique expertise in dealing with complaints pertaining to misleading advertisements but also its suo motu capabilities to monitor a huge number of misleading advertisements in television and print media. ASCI provides a very efficient mechanism for consumers as well as ensures prompt compliance from advertisers, thus reducing the burden on regulators to focus only on persistent violators.”

     

     

  • The Delhi district court judgement re-affirms the remit of the Advertising Standards Council of India (ASCI) over non-members

    ASCI rules now binding on non-members too

    By A Correspondent

     

    On the back of the Consumer Protection Act passed in Parliament recently comes a District Magistrate Court’s order that the decisions of the Advertising Standards Council of India (ASCI) are applicable to members as well as non-members. Until now a large number of advertisers avoided becoming members of ASCI under the notion that they would then not have to abide by ASCI decisions.

     

    In a judgment by the Tis Hazari district court in Delhi, in the case of Primordial Systems P. Ltd. versus The Advertising Standards Council Of India, the court has given a verdict in the favour of ASCI.

     

    The complainant advertiser (Primordial Systems), argued that being a non-member of ASCI, the self-regulation code laid down by ASCI is not applicable to it and ASCI has no jurisdiction over the advertiser. The court affirmed that ASCI, has the power to, after following due process, provide recommendations to the advertiser to modify or remove the advertisement containing claims that are considered as misleading by the ASCI’s independent Consumer Complaints Council (CCC) .

     

    The court clearly stated that though the complainant is not a member of ASCI but is indulging in activity, viz. of advertising, for which ASCI has made a Self-Regulation Code and for breach of that, ASCI entertains complaints. Thus, if ASCI makes a recommendation and in pursuance thereto the advertising agency or the television channel refuse to air the advertisement of the complainant, they would be entitled to do so. No merit is thus found in the argument of the counsel of complainant being a non-member of ASCI and ASCI thus having no jurisdiction over the complainant.

     

    The court further reiterated that ASCI has been constituted as a Self-Regulatory body for the purpose of advertisements and the Code drafted and changed from time to time by ASCI has been given a statutory flavour. It is already held by Hon’ble Supreme Court of India that ASCI looks into specific complaints regarding violation of programme code hence prima facie it cannot be said that entertainment of a complaint is without due process.

     

    In such view of the matter, the Court settled that ASCI has the power to regulate the advertisements as per guidelines laid down.

     

    Said D Shivakumar Chairman, ASCI:“It is a very significant judgment passed by (the) Delhi court as it clarifies that all advertisers come under the purview of ASCI’s guidelines. It also sends a clear message to the entire industry that investing in honest advertising is effective as dishonest advertising is not going to work. Clearly, for the consumers it is a big win as all the industry members whether they are part of ASCI or not, can no longer deceive them with misleading advertising.”

     

     

  • ASCI investigated complaints against 231 advertisements, of which 67 advertisements were promptly withdrawn

    ASCI investigates and acts against erring ads for May 2019

    By A Correspondent

     

    During the month of May 2019, ASCI investigated complaints against 231 advertisements, of which 67 advertisements were promptly withdrawn by the advertisers as soon as they received the ASCI communication. ASCI’s independent Consumer Complaints Council (CCC) upheld complaints against 132 advertisements, out of 164 advertisements evaluated by them. Of  these 132 advertisements, 69 belonged to the education sector, 41 belonged to the healthcare sector, four to the food & beverages sector, two to personal care, and 16 were from the ‘others’ category.

     

    According to a communique, amongst the various advertisements that were examined, CCC pulled up an advertisement where a renowned cricketer was seen endorsing a mobile gaming app making a superlative claim without conclusive evidence of its market leadership. Another advertisement featured a celebrity endorsing the product as organic, whereas this claim was not substantiated.  Added the communique: “A large number of complaints were pertaining to the education sector wherein the advertisers were making unsubstantiated claims of being No. 1 and this was also true for a very well-known private university. The CCC also came across a significant number of advertisement of hospitals and clinics which were misleading and exploited consumers lack of knowledge. “

     

    D Shivakumar

    Said D Shivakumar, Chairman, ASCI: “ASCI is a self-regulatory body that helps advertisers and consumer recognise and implement relevant and honest communication of brand messages. ASCI works with the Department of Consumer affairs and the Ministry of information and Broadcasting in ensuring that consumer awareness of their rights is fulfilled. ASCI is also working with celebrities and influencers to help educate them on what they should watch out for before endorsing brands. The CCPA is a welcome step after 34 years of the last consumer legislation and provides autonomy and authority at a district level.”

     

     

  • It expects this co-regulation model to be strengthened further as per recommendations

    ASCI welcomes the passing of new Consumer Protection Bill

    By A Correspondent

     

    The passage of the new Consumer Protection Bill has received an overwhelming thumbs-up from advertising self-regulator Advertising Standards Council of India (ASCI).

     

    D Shivakumar

    Commenting on the development, D Shivakumar, Chairman, Advertising Standards Council of India (ASCI) said: “This is a great development in favour of consumers and ASCI welcomes the passing of the new Consumer Protection Bill. Protection of consumers’ interest is also ASCI’s core mission. As an expert body dealing with complaints pertaining to misleading advertisements, ASCI has been working closely with the Department of Consumer Affairs. Complaints being received on the GAMA portal are being examined by ASCI since the launch of the GAMA portal. We expect this co-regulation model to be strengthened further as per recommendations of the Parliamentary Standing Committee.”

     

     

  • ASCI’s Consumer Complaints Council (CCC) upheld complaints against 230 advertisements from a total of 290 advertisements

    ASCI takes corrective action against 125 erring ads

    By A Correspondent

     

    In December 2018 and January 2019, ASCI investigated complaints against 415 advertisements, of which the advertisers ensured corrective action for 125 advertisements. ASCI’s Consumer Complaints Council (CCC) upheld complaints against 230 advertisements from a total of 290 advertisements evaluated by them. Of these 230 advertisements, 106 belonged to the education sector, 61 to the healthcare sector, 32 to the food & beverages sector, nine to personal care, and 22 were from the ‘others’ category.

     

    Among several advertisements that were examined, the CCC observed that in two separate cases, renowned cricketers were endorsing liquor brands that did not meet the ASCI Guidelines for Qualification of Brand Extension of Product or Service. Additionally, a famous Bollywood celebrity was seen endorsing two face cream product variants of the same brand, both made absolute claims of removal of skin marks which were unsubstantiated and hence misleading. Advertisements for two hair oil brands featuring celebrities were also considered misleading. Claims regarding mosquito repellent product by a famous Bollywood celebrity and claims regarding an online pharmacy endorsed by a cricketer were considered to be unsubstantiated.

     

    A significant number of complaints looked into by the CCC pertained to Education sector arising out of suo motu surveillance activity by ASCI followed by Healthcare products and services. The most common reason for upholding complaints were unsubstantiated and exaggerated claims that exploit consumers’ lack of knowledge.

     

    Said D Shivakumar, Chairman, ASCI: “Being a self-regulatory organisation in advertising, ASCI’s efforts have always been towards protecting the interest of consumers. In order to create mass consumer awareness about objectionable advertisements, Ministry of Information and Broadcasting (MIB) issued an advisory for a scroller to be carried by all TV broadcasters in support of self-regulation for grievance against objectionable advertisements that refers to ASCI. With more and more TV channels carrying the ASCI WhatsApp number 77100 12345 in a scroller, there has been over a tenfold increase in consumers reaching out to ASCI.”

     

     

  • On the occasion of the World Consumer Rights day, ASCI is urging consumers to be vigilant

    ASCI urges consumers to take action against misleading ads

    By A Correspondent

     

    It’s World Consumer Rights Day today (March 15) and on the occasion, the Advertising Standards Council of India (ASCI) is urging consumers to not just be vigilant but also take action against misleading advertisements by informing ASCI via a WhatsApp message on +91 77100 12345.

     

    Said D Shivakumar, Chairman, ASCI: “Consumer is the king or queen and has a voice today, thanks to the digital medium. ASCI encourages consumers to reach out to ASCI using our WhatsApp number, it’s as simple as that.”

     

     

  • A significant number of complaints looked into by the CCC pertained to F&B sector

    ASCI processes complaints against misleading ads

    By A Correspondent

     

    In October and November 2018, Advertising Standards Council of India (ASCI) investigated complaints against 389 advertisements of which the advertisers ensured corrective action for 112 advertisements. ASCI’s Consumer Complaints Council (CCC) upheld complaints against 232 advertisements from a total of 277 advertisements evaluated by them. Of these 232 advertisements, 95 belonged to the education sector, 53 to the healthcare sector, 36 to the food and beverages sector, 23 to personal care, and 20 were from the others category.

     

    Amongst various advertisements that were examined, the CCC observed that, a cricketer endorsing a bike brand shown driving rashly and violating traffic rules amounted to manifesting a disregard for safety. In addition to this, a celebrity was found to endorse a shampoo claiming to keep hair non-stop fresh for up to 72 hours. In another advertisement a celebrity was endorsing a well-known brand of glasses promising that the product blocks harmful blue rays from digital media unlike other glasses.

     

    A significant number of complaints looked into by the CCC pertained to F&B sector. The most common reason for upholding complaints were unsubstantiated and exaggerated claims that exploit consumers’ lack of knowledge. It was also observed that the advertisements had unsubstantiated leadership claims, improper use of FSSAI logo in contravention of the FSSAI advisory, organic claims, disparagement of healthy eating habits as well as surrogate advertisements.

     

    D Shivakumar

    Said D Shivakumar, Chairman, ASCI: “ASCI and FSSAI recently concluded their second year of collaboration via an MOU. FSSAI had given ASCI a mandate for comprehensive Suo Moto surveillance of potentially misleading advertisements in the F&B sector. Over 200 misleading advertisements have been looked into by the CCC and their compliance status was updated to FSSAI. This co-regulation model has been quite effective in ensuring compliance and was recently also referred in a Rajya Sabha question.”

     

    The following advertisements were in violation of ASCI’s Guidelines for Celebrities in Advertising. The advertisers did not provide any evidence to show that the celebrities did due diligence prior to lending their name for the endorsements, to ensure that all description, claims and comparisons made in the advertisement are capable of substantiation:

     

    Hero MotoCorp Ltd (Hero Xtreme 200r): In the advertisement, cricketer Virat Kohli is seen driving rashly in normal traffic conditions. The advertisement portrays violation of traffic rules, shows dangerous practices and manifests disregard for safety. The advertisement showed speed manoeuvrability in a manner which encourages unsafe or reckless driving which could harm the driver and general public.  The TVC contravened Chapter III.3 of the ASCI Code and Clauses (a) (b) and (c) of the ASCI Guidelines for Advertisements depicting Automotive Vehicles.

     

    L’Oreal India Pvt Ltd. (L’Oreal Extraordinary Clay Shampoo): The advertisement’s claim, “The power of pure clay in shampoo” is inadequately substantiated as it lacked specific scientific evaluation showing the effectiveness of clay and is misleading by ambiguity and implication. For the claim “keeps hair non-stop fresh for up to 72 hours” the advertiser did not provide appropriate scientific evaluation to substantiate the claim, hence is misleading by ambiguity and exaggeration and is likely to lead to grave or widespread disappointment in the minds of consumers.

     

    L’Oreal India P. Ltd. (Garnier Micellar Cleansing Water): The advertisement with celebrity Alia Bhat claimed, “Makeup off in just one swipe,” which was not substantiated. The claim is misleading by exaggeration, and is likely to lead to grave or widespread disappointment in the minds of consumers. The advertiser did not provide any testimonials, or any evidence of the consent of the celebrity for the product efficacy claims.

     

     

  • On Thursday, the Lok Sabha passed the Consumer Protection Bill, 2018. The Bill will now go to the Rajya Sabha for consideration and action. If it is adopted, it will replace the Consumer Protection Act 1986

    ASCI welcomes Consumer Protection Bill: D Shivakumar

    By A Correspondent

     

    On Thursday, the Lok Sabha passed the Consumer Protection Bill, 2018. The Bill will now go to the Rajya Sabha for consideration and action. If it is adopted, it will replace the Consumer Protection Act 1986.

     

    D Shivakumar

    Commenting on the development, D Shivakumar, Chairman, Advertising Standards Council of India (ASCI) said: “ASCI welcomes the new Consumer Protection Bill which replaces the old 1986 bill. ASCI has been actively involved in addressing consumer grievances on behalf of the Department of Consumer Affairs. With the new bill brand owners need to think sharper about claims they make and product quality as product liability will be an issue if not delivered on promise. celebrities will have to pick the right quality brands. ASCI will help in ensuring that consumers rights are protected”.

     

    The Bill provides for protecting consumer rights and setting up a redressal mechanism at the national, state and district levels. Consumer Affairs Minister Ram Vilas Paswani sought help of members to help with the passage of the Bill to protect the interest of consumers.

     

     

  • Of the 89 advertisements wherein the complaints were upheld, 27 belonged to the education sector

    ASCI upholds complaints against 89 erring ads

    By A Correspondent

     

    In June 2018, ASCI investigated complaints against 208 advertisements. For 63 advertisements, the advertisers promptly ensured corrective action as soon as the complaints were received. ASCI’s Consumer Complaints Council (CCC) upheld complaints against 89 advertisements from a total of 145 advertisements evaluated by them.

     

    Of the 89 advertisements wherein the complaints were upheld, 27 belonged to the education sector, 25 to the healthcare sector, 15 to the food & beverages category, five to personal care and 17 were from the ‘others’ category.

     

    Amongst various advertisements that were examined, the CCC observed that, a popular chef was found endorsing an oats product from a popular foods & beverage company, stating it to have twice as much protein and fibre whereas this comparison was not versus other oats but was versus cornflakes as per disclaimers. The disclaimer in the advertisement was illegible and not as per the ASCI Guidelines on Disclaimers.  Furthermore, a famous celebrity was seen endorsing a juice powder brand, claiming it to have natural fruit energy which was not substantiated and was misleading by ambiguity and implication about the fruit content in the product. In another advertisement a popular celebrity was shown driving a car without seat belt showing an unsafe practice. These advertisements violated ASCI’s Guidelines for Celebrities in Advertising.

     

    D Shivakumar

    Said D Shivakumar, Chairman, ASCI: “ASCI’s evolving self-regulatory framework continues to be responsible and responsive to the needs of the consumers, the advertising industry and the regulators. Our focussed efforts towards building awareness and establishing better compliance in the industry, will continue to make a positive contribution to the advertising ecosystem,”

     

     

  • The advertising and marketing services veteran will take charge as IAA Global Chairman & World President today

    Ati Sundar! Srinivasan Swamy to be IAA Big Boss

     

    By A Correspondent

     

    It appears to be an Indian summer in Europe this year. In June, creative gurus Piyush and Prasoon Pandey were awarded the highest honour at the Cannes International Festiveal of Creativity, and now Srinivasan Swamy, Chairman of the R K Swamy Hansa Group will take over as the Chairman and World President of the illustrious International Advertising Association (IAA), the first Indian ever to do so.

     

    Sundar, as he is called by his friends, will lead a team of 25 Executive Committee members from a host of countries including USA, UK, Austria, Italy, Poland, Ghana, UAE, Australia, Malaysia, Russia, Netherlands, Kuwait, Iran, Nepal and India. He takes over from senior advertising professional Felix Tataru from Romania today (October 4, 2018) at an event to be held in Bucharest.

     

    The International Advertising Association is an 80-year old institution and considered the most prestigious advertising body of its kind in the world. The IAA is acknowledged as the world’s most influential network of marketing and communication leaders, aimed at representing the common interests of all the disciplines across the full spectrum of marketing communications – from advertisers to media companies to agencies to direct marketing firms, as well as individual practitioners. Its activities involve professional development of marketing communication practitioners, protecting freedom of commercial speech, advertising self-regulation, protecting consumer interest, training and education.

     

    In 2016, Swamy was accorded the Lifetime Achievement Award by the Advertising Agencies Association of India.

     

    As Chairman of R K Swamy Hansa, his professional interests currently include Creative & Media Advertising, Interactive & Digital Advertising, Health Care Communications, Social & Rural Sector, Communication, Human Resources Communication, Marketing Analytics, Market Research, Events & Activation, Retail Identity, Public Relations, Continuing Medical Education, Global Language work etc.

     

    Swamy has been active in various industry bodies working towards the growth and development of the Advertising industry. He was President of AAAI for three consecutive terms (2004 – 2007) and continues to take active interest in the activities of AAAI. He has been Chairman of Advertising Standards Council of India (ASCI), and a Board Member of Audit Bureau of Circulations. Swamy was also President of All India Management Association during 2008-09.  He was the President of The Madras Chamber of Commerce & Industry (2008-10), Madras Management Association (2001-02) and the Advertising Club, Madras (1988-89).

     

    He had a superactive tenure as President of the India Chapter of International Advertising Association and was also elected Senior Vice President of International Advertising Association, the global body. The list goes on and on.

     

    Swamy is actively involved with socially relevant institutions such as a 220-bed, multi-discipline tertiary care, Hindu Mission Hospital at Chennai catering to the urban poor and the surrounding rural areas; Chairman of Valluvar Gurukulam School Society which runs  a school for 2800 poor students, primarily girls and Vice President of National Boys and Girls Education Society, a premium education institution in Central Chennai which runs three reputed schools.  He is also Chairman of Vidyadhanam and Annadhanam Trust, a Vedic Padasala of Sri Ahobila Mutt and Trustee in the Consumers Association of India and Concert.

     

     

  • Rohit Gupta of Sony Pictures Networks was elected as the Vice-Chairman and Shashidhar Sinha of IPG Media Brands was re-appointed Honorary Treasurer

    D Shivakumar elected Chairman of ASCI

    By A Correspondent

     

    D Shivakumar

    It’s the time when Board meetings are held as was the case with the Advertising Standards Council of India (ASCI) held on Wednesday where  D Shivakumar, Group Executive President, Corporate Strategy at Aditya Birla Group was unanimously elected as the Chairman of the Board of ASCI. As the member of the Board of Governors for three years, supporting self-regulation, Shivakumar is an accomplished business leader having spent over 19 years in sales, marketing and general management positions across consumer products and the luxury industry.

     

    Rohit Gupta, President – Network Sales & International Business, Sony Pictures Networks India Pvt Ltd, was elected Vice-Chairman and Shashidhar Sinha, CEO, IPG Mediabrands, was re-appointed Honorary Treasurer.

     

    Members of the Board of Governors include; Harish Bhat (Director, Tata Global Beverages Ltd.), Subhash Kamath (Managing Partner, BBH Communications India Pvt Ltd), Sandeep Kohli (Executive Director & Vice President for Personal Care Hindustan Unilever Ltd), Prof SK Palekar (Adjunct Professor & Advisor – Executive Education Institute of Management Technology), NS Rajan (Managing Director, Ketchum Sampark Pvt Ltd), KV Sridhar (Founder & Chief Creative Officer (Director), Hyper Collective Creative Technologies Pvt Ltd), Abanti Sankaranarayanan (Former Vice Chairperson, CIABC), Girish Agarwal (Director, Dainik Bhaskar Group), Madhusudan Gopalan (CEO, Procter & Gamble Hygiene and Health Care Ltd.), Prasun Basu (President – South Asia – Nielsen (India) Pvt. Ltd.), Sivakumar Sundaram (President- Revenue Bennett, Coleman & Co. Ltd), Vikas Agnihotri (Director Sales, Google India Pvt. Ltd.), Umesh Shrikhande (CEO, Taproot India Comm. P. Ltd.).

     

    Said Sankaranarayanan, the outgoing Chairman, ASCI: “2017-18 has been another strong year for ASCI as we have made significant advancements towards building our organisational muscle, external credibility and strong collaborations. Our stringent guidelines, seamless processes and the dedication and hardwork of our Consumer Complaints Council have contributed to restricting the use of misleading advertisements and enhance self regulation. ASCI’s momentous achievements for the year include successful completion of three year-long collaboration with Department of Consumer Affairs, renewal of Memorandum of Understanding (MoU) with Food Safety Standards Authority of India, introduction of ‘Guidelines for Celebrities in Advertising’ and inclusion in Ayush’s Empowered Committee to control misleading ads of AYUSH drugs. As the Chairman for ASCI for the year 2017-18, I am extremely proud to be a part of this journey and I am confident that under Shivakumar’s Chairmanship. ASCI will continue to grow swiftly and steadily.”

     

    Added Shivakumar: “I want to thank Abanti for her stewardship. We live in changing times with respect to information, media and trust of society. ASCI has been built on the foundation of self-regulation and the wisdom of the previous chairmen and the board. It’s my privilege to do the role now.”

     

     

  • A total of 140 advertisements were picked up by ASCI’s suo moto surveillance, wherein 33 cases were informally resolved

    ASCI upheld complaints against 143 erring advertisements for May 2018

    By A Correspondent

     

    In May 2018, ASCI’s Consumer Complaints Council (CCC) upheld complaints against 143 advertisements of the total of 260 advertisements that were evaluated by the CCC. Of these 143 advertisements against which complaints were upheld, 42 belonged to the healthcare sector, 61 to the education sector, 15 to the food and beverages category, 10 to the personal care and 15 were from others category.

     

    A total of 140 advertisements were picked up by ASCI’s suo moto surveillance, wherein 33 cases were informally resolved as advertisements were voluntarily withdrawn and objections against 106 advertisements were upheld. Of the 120 advertisements complained against by the general public or by industry members, 17 cases were informally resolved wherein the advertisements were voluntarily withdrawn and complaints against 37 advertisements were upheld by the CCC.

     

    said AbantiSankaranarayanan, Chairman, ASCI: “ASCI is working closely with various government bodies to establish an effective and transparent self‐regulation code for the advertising industry, which upholds the highest professional and ethical standards. ASCI prides itself on its impressive track record of effectively and expeditiously disposing of consumer complaints against misleading advertisements, thereby giving form to the rights conferred upon consumers to protect them from deceptive advertisements.”

     

    As per the ASCI communique, the advertisements that violated Chapter III (Unsafe Practices) of ASCI Code include:

    PepsiCo India – Pepsi: In the television advertisement, the visual showing the protagonist running on the platform in particular, shows a dangerous practice that may influence minors to emulate such acts. This manifests a disregard for safety and encourages negligence.

     

    The  Coca‐Cola India Pvt Ltd ‐ Limca: In  the  advertisement,  the  visual  of  the protagonist along with his friends falling from a human pyramid from the height of second floor of the building and falling onto the ground which turns into a pool cannot be considered as hyperbole. The actions shown manifest disregard for safety and encourage negligence and may influence minors to emulate such acts.

     

    Sree Muralikrishna Soap Works (JIL Washing Powder and Soap): In the advertisement, the specific visual showing the wife putting her husband in the washing machine was dangerous and had the potential of encouraging the children to imitate such acts, which could be life‐threatening. Regardless of the disclaimer, this act shown in the TVC encourages dangerous practices, manifests disregard for safety and encourages negligence.

     

    Of the 120 advertisements assessed, 37 were considered to be misleading.  Of the total of 37 advertisements, eight advertisements belonged to the Personal Care category, eight  to Education category, seven belonged to the Food & Beverages category, six advertisements belonged to healthcare category, and eight belonged to the ‘Others’ category.