Tag: complaints

  • 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.

     

  • ASCI upholds record 96 complaints against ads in Feb ’13

    By A Correspondent

     

    In February 2013, the Consumer Complaints Council (CCC) of ASCI witnessed a sharp increase in the number of complaints against ads in Healthcare category. The category had 36 complaints upheld. The second highest number of complaints were seen in the Education category, most of them claiming to guarantee 100% job placements.

     

    HEALTHCARE

    Dabur India Ltd’s Dabur Chyawanprash print ad claimed that “Dabur Chyawanprash provides 3 times more immunity”, “Helps improve the ability to fight illness by 3 times”, “ONLY Dabur Chyawanprash provides immunity”. The advertisers were not able to substantiate the claim with necessary support and data. The advertisement contravened Chapter I.4 of the Code and the complaint against the ad was UPHELD.

     

    CCC found following claims in print ads by 35 different advertisers as either misleading or false or unsubstantiated and hence complaint against ads upheld:

    BAKSON DRUGS & PHARMACEUTICALS PVT LTD – Bakson’s range of products claimed that it “is the World’s largest Homeopathic corporate”.

     

    BOURN HALL CLINIC – IVF treatment ad claimed “Infertility treatment centre with the world’s best success rate”, “World’s first and highest success rate giving IVF (Test tube baby clinic)”.

     

    UMALAXMI ORGANICS PVT LTD’s Sugar Remedy claimed that it’s “India’s No.1 drug for sugar”, “Clinically proven”, “Trust of doctors, relief from diabetes”.

     

    NATUROVEDA HEALTH WORLD – Naturovedic treatment claimed that “Naturoveda has successfully treated more than 1 lakh patients till now”, “Naturoveda eradicates the disease right from its roots without any side effect”, “We treat physical weakness (male/female), diabetes, obesity”, “underweight, piles, joint pain, asthma, stomach problems, skin aliments, female disease, and hair problems”, “Winner of Hakim Ajmal Khan Global Award for Best Ayurvedic & Unanai Clinic”.

     

    JAGRUTI TEST TUBE BABY CENTER claimed that it “provides complete and successful cure of infertility”.

     

    JOLLY PHARMA INDIA - Jolly Vaseer Capsule & Ointment claimed that it “Helps to get rid of Haemorrhoids and piles”, “Avoid expenses and pain of operation”, “Vaseer capsule and tube – 100% Ayurvedic, no side effects”.

     

    JOLLY PHARMA INDIA – Jolly Fat Go claimed that it “is effective ayurvedic medicine without any side effects”, “Jolly Fat Go capsule burns the accumulated fats and converts it into energy”, “Jolly Fat Go Anti – celluloid oil avoids wrinkles”, “Removes stretch marks caused after pregnancy”, “save yourself from dieting”, “Easy way to stay slim, smart and fit”.

     

    PRATIRAJ HERBAL PHARMACY - Amrut Navjeevan Ayurvedic Oil claimed that it “goes in the depth through pores and creates a sticky sensation which helps in stopping pain and strengthens your bones”.

     

    DR. NIGAM’S GOODHEALTH PVT LTD - Stem Cell Hair Transplant claimed that “Dr. Nigam has pioneered the procedure of spotlipo and has given well sculptured figures to millions of people. Bollywood celebrities, politicians, business tycoons and cine artists prefer him to other doctors”, “Dr. Nigam co-partners India’s first and only stem cell hair lab which was started 3 years back by a group of doctors with an investment of 100 crores”.

     

    GAUTAM CLINIC – Ayurvedic medicines claimed that it “provides Successful treatment by 100% ayurvedic medicines for night fall, earlyfall and impotency through Ayurvedic medicines”.

     

    CHANDAN HOSPITAL – Pocket Friendly Packages claimed “helps you lose 3-6 cms in only 45 minutes”.

     

    DR. KRISHNAN CANCER HEALER CENTER – Cancer Healer claimed that “when a patient is sent home saying that he cannot be cured, his family is asked to take care of him since he is going to die within a month or so. In such situation this patient is given Cancer Healer and sent for check-up, we found his reports normal”, “Cancer Healer is effective in case of V Grade Cancer”, “Helps in case of injuries which start stinking, water accumulation in stomach”, “Pleural effusion in lungs, Metastases in liver and brain, do not feel hungry, continuous reduction in weight, pain which doesn’t stop by morphine”, “It can be consumed along with radiotherapy and chemotherapy, Cancer Healer is called Communotherapy which heals any type of cancer”, “Names of patients which have been cured by Cancer healer are also given”, “Thousands of cancer patients have been cured and given a new life by Cancer healer”.

     

    JOLLY PHARMA (INDIA) – Jolly Sunsex Gold Capsules claimed that ” A better formula which contains safed musli, shilajeet and saffron that helps you get rid of weakness”, “Increases power and immunity naturally”, “Visual implies sexual pleasure related benefits”, “Makes you strong and solid from inside”.

     

    THE BODY CARE & CURE CLINIC – Slim I Lipo claimed that it “Helps lose 5kgs (35-50cms) in 7 days”, “Leads to Permanent weight reduction”, “Gives immediate visible result of 6-8cms of weight loss in 60 minutes”.

     

    RAJ CLINIC claimed in their print ad that “Male sexual power in 7 days only”, “Successful Ayurvedic cure of early fall, nightfall and sexual problems”.

     

    Ashrafi Clinic claimed that it “provides successful treatment of white spots”.

     

    MAHAMAYA SALES & SERVICES – Khatod Sanjeevini Plus claimed “to be effective for most of the ailments”.

     

    FIT & FINE HEALTH CLUB claimed “101% guarantee of 3 to 5 kg weight reduction and 2 to 6 inches reduction every month by sleeping on toning table”.

     

    SUSSRUTHA PHARMACEUTICALS – Diab Life claimed that “Diab Life completely cures Diabetes”.

     

    NEW VISION LASER CENTERS claimed that it “has cured more than 60,000 people from glasses”.

     

    TARA HOMEOPATHY CLINIC claimed that “Baldness can be treated through homeopathic medicine”, “We help in growing natural hair”, “Stop hair fall today itself”.

     

    LIFE SLIMMING & COSMETIC CLINIC claimed that it provides “World class “Stem Cell Therapy”, “Prevents hair fall, grows new hair”, “No invasive, no anaesthesia, no pain, no scar”, “World’s latest non-surgical liposuction with guaranteed 10 kg weight loss”.

     

    HAKIM TULSIPRASAD AGARWAL – Hakim Tulsiprasad Products Range claimed that Shakti Tarang Capsules “makes your semen thicker and strengthens your body”.

     

    RANBAXY LABORATORIES LTD - Volini claimed that “99% doctors have used Volini to relieve their pain” and “Volini No.1 doctor’s prescribed pain reliever”. since last 12 years”.

     

    NEW LOOK LASER CLINIC – Laser Hair Removal Service claimed that “First time in India New Look has brought trusted and very safe treatment”, “For solving your skin related problems like vitiligo”, “Freedom from smoking”, “Freedom from obesity”.

     

    ALCON LABORATORIES INDIA P. LIMITED – Alcon Replenish claimed that it “is World’s No.1 recommended solution”, “OPTI-FREE replenish with its patented tearglyde technology retains moisture in your eyes up to 14 hours irrespective of the lens you wear”.

     

    SHREEJI UPCHAR KENDRA claimed that it provides “Permanent cure of piles, warts, fistula and stone in 10 days with Ayurvedic medicine without any surgery”, “Reduce 3 to 7 kg in a month”, it will “Increase weight 2 to 5 kg in a month”.

     

    EGO WELLNESS – Stem Cell Therapy claimed “Be slim @ home”, “Lose upto 35-50 cms from abdomen, hips and thighs + guaranteed 5 kgs weight loss free”.

     

    JDM AYUR PSORIASIS RESEARCH CENTRE claimed that it “has found rare herbs of the world which cures psoriasis in few months on its consumption”.

     

    NUTURE HEALTH CARE - Medora Capsule gel and oil claimed that “decreasing fat by merely applying Medora gel and oil on waist, arm and thigh”, “lose of weight by mere application on body”.

     

    LOTUS HERBAL LIMITED - Lotus Whiteglow Range claimed that it “deep cleanses your skin, brightens it and prevents melanin production that causes skin darkening”, “Whiteglow Skin Whitening & Brightening Micro-Emulsion – It contains SPF-25, breakthrough formula that works 2-6 times faster and allows deeper penetration of ingredients”, “Whiteglow Skin Whitening & Brightening Nourishing Night Crème – It is a technologically advanced triple action formulation that contains rare fruit & plant extracts which nourish & lighten the skin, overnight” “It reduces dark spots, dullness & the appearance of pores, corrects uneven skin tone & improves skin moisture balance”, “The result: a fresh, radiant and fair skin when you wake up”.

     

    REPL INDIA – REPL range of products claimed that Super Sonic “is the No.1 Power Capsule”.

     

    KADYAN OVERSEAS claimed that Night Riders Afgani Nuskha contains “Sheeghrapatan, swapnadosh, dhaatu rog, kam tanav”.

     

    AADHAR HERBAL P. LIMITED – Aradhya Aloe Vera Juice claimed that it “provides Quick relief in obesity, diabetes, gas, constipation, piles, gout, joint pain, blood pressure, dengue, chikungunya, gastrointestinal ulcers, skin care, cancer, AIDS, sexual problems”.

     

    MOHAK HI TECH SPECIALITY HOSPITAL claimed “Begin healthy life, free from obesity and diabetes”, “The only approved institute for surgery for obesity and diabetes”.

     

    All above mentioned claims made in print advertisements needed to be substantiated with necessary support data, market research and analysis/data. The CCC concluded that in the absence of comparative data, the claims mentioned in the advertisements and cited in the complaints were inadequately substantiated. The advertisements contravened Chapter I.1 of the Code. The advertisements of JOLLY PHARMA (INDIA) – Jolly Sunsex Gold and MAHAMAYA SALES & SERVICES – Khatod Sanjeevini Plus also contravened Chapter III.4 of the Code. These complaints were UPHELD.

     

    EDUCATION 

    PGP COLLEGE OF ENGINEERING AND TECHNOLOGY – UG Courses / PG Courses in their print ad claimed that PGP College of Engineering & Tech “provides 100% Placement provided through Campus Requirement”. The CCC concluded that as all the students were not placed, the claim of “Provides 100% Placement provided through Campus Requirement”, was not substantiated and was misleading. The advertisement contravened Chapters I.1 and I.4 of the Code. The complaint was UPHELD.

     

    LITTLE KIDZ EDUCATION – Smartkidz Play School in their print ad claimed that it “is ranked No. 5 among 300 branded preschools in India”. The CCC noted that Silicon India ranked Little Kidz No.5 on the basis of best practices in Franchising, but to claim it as the 5th rank among branded preschools is misleading by implication. The advertisement contravened Chapter I.4 of the Code. The complaint was UPHELD.

     

    Complaints against the following claims made in print advertisements by 27 different advertisers were upheld by CCC:

    NARAYANAGURU COLLEGE OF ENGINEERING – Off Campus Recruitment claimed that it is the “only company in ASIA which is fully operated by Female Employees”, “Asia’s Largest Networking & Web Hosting Company”.

     

    LA MILITAIRE ACADEMY claimed “Selection Guaranteed!!!”, “Already Selected 1850+ Officers And 8500+ In Other Ranks”.

     

    DGN MARITIME ACADEMY PVT LTD – Join Merchant Navy ad claimed its “Placement 100% assured”.

     

    AAKASH EDUCATIONALSERVICES LTD – Medical & Engineering Entrance Exam claimed it “is India’s No. 1 Coaching Brand”.

     

    S P T SAINI CLASSES claimed it “gives 100% selection guarantee in writing on stamp paper”.

     

    VOICE OF GOD POLYTECHNIC COLLEGE – Diploma in Mechanical Engineering claimed that it “provides 100% Placement”.

     

    SANKARA EDUCATIONAL INSTITUTION claimed that it “provides 100% Placement”.

     

    SHEKHAWATI GROUP OF INSTITUTIONS claimed that it “provides 100% Placement”.

     

    ANNAI NURSING & CATERING COLLEGE claimed that it “provides 100 percent job guarantee”.

     

    ST ANTO GROUP OF INSTITUTIONS claimed that it “provides 100% Job assurance & inplant training in Kerala”.

     

    ARJUN SHOOTING CLUB claimed it “provides 100% employment guarantee”.

     

    FGL ACADEMY claimed that it “provides 100% Placement”.

     

    INSTITUTE FOR EXCELLENCE IN SERVICES & PLANNING claimed that it “provides 100 percent job guarantee”.

     

    ICA INFOTECH PVT LTD - Computerized Accountancy claimed that it “provides 100 percent job guarantee”.

     

    INDIAN INSTITUTE OF AIRWAYS TRAINING – Practical Training facility claimed that it “provides 100 percent job placement”.

     

    THE PRINCETON REVIEW claimed that it provides “Prep with world leader in GMAT, GRE, SAT, PSAT, IELTS, TOEFL”. The claim of world leader wasn’t substantiated with comparative data, records, documentation and with other appropriate necessary supporting data.

     

    F2 FUN & FITNESS (INDIA) PVT LIMITED – Gold Gym Fitness Training Certification claimed that it “provides 100% Job Guarantee”, “Earn Rs 25000 to 100000 per month”

     

    ARYAN COACHING claimed that it “Is region’s No. 1 institute since 8 years”, “Candidate selected for SI only from Aryan and no other institute”, “Selected for Patwari only from Aryan and no other institute”, “G III 2008, 1st rank in Bhilwara all categories”, “ISO 9001:2008 certified institute”.

     

    VLCC INSTITUTE claimed that it “gives 100% placement facility takes into consideration that you are placed in a good paying beauty and nutrition Industry”.

     

    INTERNATIONAL SCHOOL OF CORPORATE MANAGEMENT claimed that it “Provides guaranteed placement with offer letter and salary around Rs.3 lakhs p.a.”

     

    FIRST RANK PUBLICATION – First Rank Classes claimed that “Guaranteed selection get Rs. 5000 back if not selected”.

     

    SRI VENKATESWARA POLYTECHNIC COLLEGE claimed that it “provides 100% job placement”.

     

    IDEACOUNT EDUCATION PVT LTD claimed “Earn 6 lakhs p.a. job guarantee”.

     

    ANIBRAIN XDI claimed it has “100% employment record”, “Train under production artists of Hollywood films”.

     

    IIHT NETWORKS – IIHT ACHNP claimed it “provides 100% Job Guarantee”.

     

    CHANDRAGUPT INSTITUTE OF MANAGEMENT – Post Graduate Diploma in Management claimed that “Visual of the infrastructure of the Institution shown in the advertisement does not appear real”, “100% Placement Record from 1st Batch”, “State of the art campus to be operational soon”.

     

    ACADEMY FOR PROFESSIONAL EXCELLENCE claimed that it “provides assured placements with over Hundred Preferred Corporate Recruiters”, Visual of “Upcoming campus”.

     

    All these claims made by the advertisers need to be substantiated with necessary support data, documentation and past records. In the absence of comments from the advertisers, the CCC concluded that the claim mentioned in the advertisement and cited in the complaint, was not substantiated. The advertisement contravened ASCI Code’s Guidelines for Advertising of Educational Institutions and Chapter I.1 of the Code. All above complaints were UPHELD.

     

    PERSONAL HEALTHCARE & HOMECARE

    EMAMI LIMITED – Himani Boroplus Antiseptic Cream claimed in their TVC that “the said cream has been used by 50 crore Indians”. The data presented by Emami Limited was inadequately substantiated. The advertisement contravened Chapter I.1 of the Code. The complaint was UPHELD.

     

    L’OREAL INDIA PVT LTD – L’Oreal Paris Total Repair 5 shampoo claimed that L’Oreal Total Repair 5 Shampoo is “Voted India’s No. 1 Shampoo”. The CCC concluded that whilst L’Oreal was voted – Product of the year (POY) – product innovation, the claim that it was “India’s No. 1 Shampoo”, was misleading by implication. The advertisement contravened Chapter I.4 of the Code. The complaint was UPHELD.

     

    ORIFLAME INDIA P. LIMITED – Oriflame Ecollagen claimed that “Smart whitening complex: Restricts the production and distribution of melanin, the key cause of skin pigmentation”, “Tri-piptide complex: Boots collagen production and re-plums wrinkles from within in length, width and depts.”, “Ecollagen 3D+ re-plumps wrinkles from within in 3 dimensions”, “Reduces wrinkles appearance and brightens skin, visible reduction of dark spots after 12 weeks”. The CCC concluded that the claim, “Smart whitening complex: Restricts the production and distribution of melanin, the key cause of skin pigmentation”, was inadequately substantiated. The advertisement contravened Chapter I.1 of the Code. This complaint was UPHELD. Whilst the claim that “it reduces wrinkles and results in visible reduction of dark spots” was substantiated. This complaint was NOT UPHELD.

     

    LIFE SLIMMING & COSMETIC CLINIC – Unique Slimming Service in their print advertisement states that their clinic “is appreciated by Press, Portals, TV & magazines India wide and worldwide”, and then mentions names of media including Moneylife and the personal finance magazine. They claim that Moneylife has appreciated the company which is not true. The CCC noted the contents of the Ad which state that the “Clinic is endorsed by a host of reputed institutions including Moneylife”. As Moneylife has denied endorsing the advertiser. The complaint was UPHELD as it contravened Chapter I.3 of the Code which states – “Advertisements shall not, without permission from the person, firm or institution under reference, contain any reference to such person, firm or institution which confers an unjustified advantage on the product advertised”.

     

    SAFECHEM INDUSTRIES – Safed Detergent powder in their TVC showed “a lady with dirt on her clothes is forcefully washed inside the washing machine”. This may leave an impression on young and sensitive minds of children that it is possible to clean up a living being by a washing machine. The CCC concluded that the advertisement features a dangerous act which is likely to encourage minors to emulate it in a manner which could cause harm or injury. The advertisement contravened Chapter III.2 of the Code. The complaint was UPHELD.

     

    SC JOHNSON PRODUCTS P. LTD – Glade Touch & Fresh in their TVC claimed that “ordinary air fresheners only mask the foul smell whereas the product in question eliminates the foul smell”. The CCC concluded that the TVC did not disparage the Complainant’s product. This complaint was NOT UPHELD. In the absence of comparative data, the claim that Glade Touch & Fresh “is superior to the other air freshener blocks”, was not substantiated. The advertisement contravened Chapter I.1 of the Code. This complaint was UPHELD.

     

    Complaints against the following claims made in print advertisements by 11 different advertisers were upheld by CCC:

    L’OREAL INDIA PVT LTD – L’Oreal Youth Code Luminize Range claimed that it “contains LUMI-Gen technology, which identifies light infusing genes in the skin and enriches them to give even and luminous skin”, “Try Youth Code Luminize and see yourself how 90% women experienced a more even or luminous skin, Super: Skin evaluation, after 8 weeks”, “More even looking skin tone – Unifying effect”, “Dewy, luminous finish – Liquid Light technology”, “Enhances and refines – with daily use”, “Liquid Andersen juxtaposes micromirror plates on the skin that reflect light, giving you even and luminous skin”, “This serum is a fluid “Oil in water” emulsion that is 40x more concentrated in Vitamin Cg”.

     

    METRO POLY CLINIC claimed that it “Stops hair fall 100%”.

     

    LOTUS HERBAL LTD - Lotus White Glow claimed that it “is Enriched with Grape, Mulberry, Sazifraga extracts and milk enzymes, it also protects the skin from harmful UVA & UVB rays”.

     

    MANKIND PHARMA LTD – Kustody Neem Face Wash claimed that it “provides Effective Fairness”.

     

    ULTRATECH INDIA LTD – 18 Again claimed “Post pregnancy issues?”, “Infection?”, “Sour relationship?”, “Here’s the answer to questions you fear most. 18 again – Female renewal gel. Tightens and Rejuvenates. For vaginal use only”.

     

    VASU PHARMACEUTICALS – Trichup Hair Care Range claimed “150 million people all over the World are using Trichup”.

     

    PANGENE BIOTECH LIMITED – Bodydear Range of Products claimed that it “is India’s most effective & affordable Herbal Cosmetics”.

     

    MILAGROW BUSINESS AND KNOWLEDGE SOLUTIONS (P) LTD – Milagrow Tabtop 10.4 claimed it’s “Introducing world’s first eye protect tab top”, “India’s only “Ready to use” Tablet with 70 pre-loaded applications”.

     

    VASU PHARMACEUTICALS – Trichup Hair Care Range claimed that “Now there would be no hair fall – a guarantee by Trichup”, it “Stops hair fall or get your money back”, “Stops hair fall and gives nourishment to newly growing hair”, and “Comprises Powerveda”.

     

    RATAN AYURVEDIC SANSTHAN- Facia Silky Touch Lotion & Cream claimed that it “provides 48 hour moisture lock”.

     

    RESULT ADVERTISING PVT LTD – Black Hair Dye Shampoo claimed that they are introducing “First time in India”, “Completely ammonia free herbal shampoo”, “Black hair in 5 minutes”, “No spots after on your scalp after dying your hair”.

     

    All these claims needed to be substantiated with necessary support data and test reports of efficacy. In the absence of comments from the advertisers, the CCC concluded that the claims mentioned in the advertisements and cited in the complaints were not substantiated. The advertisements contravened Chapter I.1 of the Code. Complaints against these ads were UPHELD.

     

    CONSUMER DURABLES

    BAJAJ ELECTRICALS LIMITED - Bajaj Quick Chef Induction Cooker, in their print ad claimed “Switch to Bajaj Induction Cookers. Save up to 65% costs”, “Bajaj Induction Cooker is better than Gas stove in terms of Time – To boil 2 ltrs of water Gas stove takes 9 min & Rs 1.90 and Bajaj induction cooker takes 6 min and Rs 0.65 (50% faster and saves 65% cost)”. The CCC concluded that the claims mentioned in the advertisements and cited in the complaint were not substantiated adequately. The advertisement contravened Chapter I.1 of the Code. The complaint was UPHELD.

     

    Complaints against the following claims made in print advertisements by two different advertisers were upheld by CCC:

    GANGOTRI SUPPLIERS - Nutech Solar Heater claimed that it “has 1.5 lacs satisfied customers”, “India’s fastest growing solar company”.

     

    KEVIN POWER SOLUTIONS claimed “Awarded Power Brands “Rising Stars” of the year 2012-13″, “India’s fastest growing Inverter, UPS, Battery Company”, “Highest manufacturer of Sine Wave Inverter/ UPS”, “Largest Range of Products in the Industry (400VA-300KVA)”. these claims needed to be substantiated with necessary support data and test reports of efficacy. In the absence of comments from the advertisers, the CCC concluded that the claims mentioned in the advertisements and cited in the complaints were not substantiated. The advertisements contravened Chapter I.1 of the Code. Complaints against these ads were UPHELD.

     

    FOOD & BEVERAGE

    Complaints against the following claims made in print advertisements by six different advertisers were upheld by CCC:

    CIBA MASALA UDYOG - Ciba Taaza Spices claimed that it “is approved by food safety and standard authority of India (FSSAI)”, “Highest seller of branded Masala in Rajasthan”.

     

    KALEESUWARI REFINERY P.LTD - Gold Winner Sunflower Oil claimed that it is “India’s largest selling Refined Sunflower Oil”.

     

    ANKUR CHEMFOOD LIMITED - Ankur Salt claimed that it is “No.1 salt of our country”, “World’s largest salt refinery”.

     

    VIMAL OIL & FOODS LIMITED - Vimal Lite Table Migarine claimed that it “is India’s largest selling table margarine”.

     

    UNITED SPIRITS LTD – McDowell’s No.1 Water & Soda claimed that it “is the No.1 drinking water”.

     

    MEHAR HERBALS – Mehar Arjun Tea claimed that “One cup tea, protect yourself from heart attack”, Mehar Herbals “has discovered a magical tea formula that is Panacea for Heart ailments”, Mehar tea “cures heart disease – decreases level of cholesterol – regularizes heart beat”, “controls blood pressure – increases haemoglobin – opens up veins and valve”, “reduces obesity – reduces mental and physical fatigue – increases hunger”, “beneficial in piles – beneficial in typhoid, liver ailments, hepatitis and jaundice”, “freedom from urinary blockage and kidney disease – passes out toxin from body”, “improves eye sight – enhances beauty and complexion – protects from cancer”, “improves “bal and shukra” – prevents prameh (peshab mein dhaatu)”.

     

    All these claims needed to be substantiated with necessary support data and test reports of efficacy. In the absence of comments from the advertisers, the CCC concluded that the claims mentioned in the advertisements and cited in the complaints were not substantiated. The advertisements contravened Chapter I.1 of the Code. Complaints against these ads were UPHELD.

     

    REAL ESTATE

    GOKULAM DEVELOPERS - Cheran Residency claimed in their print ad that “Cheran Residency “provides 100 % pollution free and eco-friendly residency”. In the absence of comments from the Advertiser, the CCC concluded that the claim “provides 100 % pollution free and eco-friendly residency” was not substantiated. The advertisement contravened Chapter I.1 of the Code. The complaint was UPHELD.

     

    TECHNOLOGY

    AISWARYA SYSTEMS - Ricoh Buy Back & Special offer in their print advertisement claimed that Ricoh “is World’s No.1”. This claim needs to be substantiated with necessary support data along with worldwide market share data. In the absence of comments from the Advertiser, the CCC concluded that the claim that “Ricoh is World’s No.1”, was not substantiated. The advertisement contravened Chapter I.1 of the Code. The complaint was UPHELD.

     

    AUTO

    PIONEER MOTORS – Ape Range in their print ad claimed that Pioneer Motors “is the No.1 manufacturing company”. This claim needs to be substantiated with necessary support data, along with market share data to prove No.1. The CCC concluded that in the absence of comparative data, the claim that Ape Range “is the No.1 Manufacturing Company”, was not substantiated. The advertisement contravened Chapter I.1 of the Code. The complaint was UPHELD.

     

    STANDARD COMBINES PVT LTD – Standard Tractors in their print ad claimed that “There is no other like this one”, “No need of repairs”. These claims need to be substantiated with necessary support data along with comparative analysis data. In the absence of comments from the Advertiser, the CCC concluded that the claims mentioned in the advertisement and cited in the complaint were not substantiated. The advertisement contravened Chapter I.1 of the Code. The complaint was UPHELD.

     

    VARIOUS SECTORS

    S S JAGDAMBA PHARMA AGENCIES – X Power Oil in their print ad claimed that people will “Now get complete satisfaction”, “Made from rare and precious ayurvedic Herbs”, “No side effects”, “For new energy”, “For joy and happiness”, “For reenergize yourself”. These claims need to be substantiated with necessary support data, proof of efficacy along with safety data. 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.

     

    SAMSONS LEATHER CLOTH MFG CO PVT LTD – Royal Touch Joyride claimed in their print ad that it “Has best quality artificial leather seat cover that reflects back the UV rays of sun and therefore keeps the temperature of your seat to 12- 22 Degree Celsius cool”, “It is also 6 times more durable than the other seat covers”, “Save approximately Rs. 1200 in 3 years”, “Environment friendly”, “First time in India”. 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.

     

    During the month of February, the CCC also received complaints against 15 advertisements. The complaints were received against the advertisements of CADBURY INDIA LTD – Bournvita, BRITANNIA INDUSTRIES LIMITED – Britannia Good Day Biscuits, LENOVO INDIA PVT LTD – Lenovo Exclusive Store, LUMINOUS POWER TECHNOLOGIES P. LTD – Luminous Range, JUBILANT FOOD WORKS LIMITED – Domino’s Cheesy Boloroni Pizza, BERGNER IMPEX INDIA PVT LTD – Bergner Austria Kitchenware, INTERCRAFT TRADING PVT LTD – Rouge Plump Lipstick, HINDUSTAN UNILEVER LTD – Close Up Toothpaste, CELKON IMPEX PVT LTD – Celkon Smartron Mobile, SHREE CEMENT – Ultra Red Oxide Cement, BACARDI INDIA PVT. LTD. – Bacardi Music CD’s – Beach,DKT INDIA – DKT Condoms, QUIKR INDIA PVT. LTD., VOLKSWAGEN GROUP SALES INDIA PVT. LTD., COLGATE PALMOLIVE (I) LIMITED – Colgate Total Advanced Whitening Toothpaste. However, as these advertisements did not contravene ASCI’s codes or guidelines, the complaints were NOT UPHELD.

     

  • ASCI’S CCC upheld complaints against 11 out of 19 advertisements in November 2012

    By A Correspondent

     

    During November 2012, the Consumer Complaints Council (CCC) of ASCI, upheld complaints against 11 out of 19 advertisements. ASCI’s National Advertising Monitoring Service (NAMS) has been very proficient in tracking down the misleading claims made by advertisers in various sectors.

     

     

    Advertiser Advertisement Complaint CCC
    HEALTHCARE
    Diwan Chand Imaging & Research Centre  Stan Health Check Programme As per the complaint, the advertiser claims that, Diwan Chand Imaging & Research Centre “has the most advanced diagnostic modalities”, “Is India’s first integrated diagnostic chain of imaging network”. These claims need to be substantiated with scientific evidence or proof of efficacy along with appropriate statistical & support data.  Advertiser provided proof of the installation of the latest state of the art ultrasound machine. The claim, “have the most advanced diagnostic modalities”, was substantiated. This complaint was NOT UPHELD. 

    In the absence of comparative data, the CCC concluded that the claim, “Is India’s first integrated diagnostic chain of imaging network”, was not substantiated. The advertisement contravened Chapter I.1 of the Code.

    This complaint was UPHELD.

    The advertiser has subsequently modified the advertisement.

     

    Maruti Herbal  Stay-On Capsules As per the complaint, the advertiser claims that, Stay – On Cap & Oil contains ginseng, shilajit, salampanja, valuable herbs and bhasmas that keep you energetic and powerful and makes you muscular. These claims need to be substantiated with proof of efficacy along with the appropriate supporting data.  The CCC concluded that the claims mentioned in the advertisement and cited in the complaint were not substantiated. Also, the advertisement violated The Drugs & Magic Remedies Act. The advertisement contravened Chapters I.1 and III.4 of the Code. The complaint was UPHELD. 
    Emami Limited  Himani Sona Chandi Chyawanprash As per the complaint, the claims “Take Himani Sona Chandi Chyawanprash every day for a strong body and razor sharp mind”, “Gold removes toxins to boost immunity power”, “Silver activates neurons to enhance memory and concentration”, “51 rare herbs protect from weather changes, pollution and general illness”. Advertiser should provide supporting technical submission, details of tests/trials conducted, with comparative data, in substantiation of these claims.  The CCC concluded that the claims mentioned in the advertisement and cited in the complaint were inadequately substantiated. The advertisement contravened Chapter I.1 of the Code. The complaint was UPHELD.
    HOME AND PERSONAL CARE
    AMRA REMEDIES LIMITED AS SUGGESTED BY BHARAT, PLE. CHANGE THE COTEGORISATION. Elavo Toilet Seat Sanitizer Spray 

     

     

    As per the complaint, the advertisement claims, “Spray Elavo on toilet seat and enjoy a 99.9% safe toilet experience in just 5 seconds”. This claim needs to be substantiated with proof and efficacy, research data along with other appropriate support data.  The claim, “Spray Elavo on toilet seat and enjoy a 99.9% safe toilet experience” was substantiated. This complaint was NOT UPHELD. In the absence of data proving its “effectiveness in just 5 seconds” this complaint was UPHELD as the advertisement contravened Chapter I.1 of the Code. 
    SILVERMAPLE HEALTHCARE SERVICES PVT LTD-  Direct Hair Implantation As per the complaint, the advertisement headline states, “No one gets you your hair back like DHI”. Also, the advertisement claims that DHI “is the best hair restoration treatment in the world with Total Care System” .These claims need to be substantiated with statistical and other necessary data. 

     

    In the absence of scientific data from the advertiser, the CCC concluded that the claims mentioned in the advertisement and cited in the complaint were not substantiated. The advertisement contravened Chapter I.1 of the Code. The complaint was UPHELD. 
    EDUCATION
    CADD Centre Training Services Pvt Ltd  As per the complaint, the advertisement claims, CADD Centre “is Asia’s No.1 CADD Training Company”. These claim needs to be substantiated with comparative data of other leading training institutes, certification and other necessary data. The CCC noted that CADD Centre Training Services is the largest network of dedicated CADD training centre in whole of Asia with over 300 training centres spanning across 13 countries in Asia and Africa.In the absence of comparative data, the claim, “Is Asia’s No.1 CADD Training company”, was not substantiated. The advertisement contravened Chapter I.1 of the Code. The complaint was UPHELD.

    The advertiser has subsequently modified the advertisement.

     

    CONSUMER DURABLES
    LUMINOUS WATER TECHNOLOGIES PVT LTD  Livpure RO Water Purifier As per the complaint, the TVC states that Livpure Water Purifier gives “Duniya ka sabse shudh pani”. Kent Water Purifier’s last campaign was based on the key proposition that Kent provides “Duniya Ka Sabse Shudh Pani”. This has been carried out in all their communication material since 2011 consistently. This is a blatant copy of the same proposition and a gross violation of Kent Water Purifier’s brand property.  The CCC concluded that the tagline of Livpure Water Purifier that it gives “Duniya ka sabse shudh pani” was similar to the tagline of Kent Water Purifier so as to suggest plagiarism. The advertisement contravened Chapter IV.3 of the Code. The complaint was UPHELD. 

    The advertiser has subsequently modified the advertisement.

     

    BAJAJ ELECTRICALS LTD Bajaj Water Heater As per the complaint, the advertisement claims, Bajaj Water Heateris “India’s No. 1 water heater”, “Bajaj Rapidotherm Water Heaters powerful heating coil helps heat water 50% faster than any other water heater”. These claims need to be substantiated with scientific evidence, comparative analysis data, and safety data along with appropriate support data.

     

    The CCC concluded that the claim that Bajaj Water Heaters is “India’s No. 1 Water Heater” was substantiated on the basis of a syndicated retail audit done by independent market research company. This complaint was NOT UPHELD. 

    The claim that “Bajaj Rapidotherm Water Heaters powerful heating coil helps heat water 50% faster than any other water heater” was not substantiated with comparative data of other water heaters of the same electrical rating (3000 watts). The advertisement contravened Chapter I.1 of the Code. This complaint was UPHELD.

     

     The advertiser has subsequently modified the advertisement.

     

     

    HAVELLS INDIA LTD Havells Water Heater  As per the complaint, the advertiser has claimed “24 Hours Hot Water in Just ½ unit of electricity”. The interpretation of this is that, we will get 24 hours hot water supply for usage in just ½ KWH of electricity.The complainant found out that ½ unit electricity is consumed by the geyser for keeping the water, already heated and stored inside, warm at a particular temperature for 24 hours if no water is drawn out for usage. This claim is hence highly exaggerated and misleading.

    Further, the TVC claims, “24 Ghante On Rahe to bhi Sirf ½ unit bijli lage To Off Kyun Kare?” This is true only in the case where the water geyser is not used through the day. This claim is also misleading as the consumption of electricity would be considerably higher on usage of the water heater.

     

    The CCC concluded that the claim that “24 Hours Hot Water in Just ½ unit of electricity” is misleading as it does not account for heating of water from ambient conditions to hot conditions. The advertisement contravened Chapter I.4 of the Code. The complaint was UPHELD. 

     The advertiser has subsequently modified the advertisement.

     

     

    MEDIA
    DAINIK BHASKAR GROUP Circulation in Bhopal As per the complaint, “Dainik Bhaskar is making a comparison on the basis of Net Paid circulation as per market estimates treating Patrika newspaper on 1/8th position in respect of circulation in the city of Bhopal. The remarks are totally untrue and baseless as the basis on which the comparison was said to be made was not shown in the advertisement nor the publication Dainik Bhaskar has stated the name of any agency on which such comparison was made. As evident from the website of DAVP, the circulation data of Dainik Bhaskar (as provided by RNI) and circulation data of Partika newspaper (as provided by Audit Bureau of Circulation ABC) are almost equal but despite of the above fact Dainik Bhaskar have diminished the circulation size of Patrika newspaper to the extent of 1/8th as shown by the graphical comparison.” 

     

    The CCC concluded that the claim that Dainik Bhaskar “had 8 times more Net Paid Circulation than Patrika in the city of Bhopal”, was not substantiated with ABC/RNI or IRS Data, and was misleading.  The advertisement contravened Chapters I.1 and I.4 of the Code. The complaint was UPHELD. 

    The advertiser has subsequently withdrawn the advertisement.

     

    OTHERS
    CENTRAL UP GAS LIMITED  CNG As per the compliant, “Central UP Gas Ltd (CUCL) CNG”, is 100% Safe”. The claim needs to be substantiated with scientific evidence. The CCC concluded that the claim, “100% safe” was not substantiated with scientific evidence. The advertisement contravened Chapter I.1 of the Code. The complaint was UPHELD. 

    The advertiser has subsequently modified the advertisement.

     

     

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