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Tag: Consumer Complaints Council

  • 80% consumers do not notice disclaimers in ads, says ASCI

    ASCI tightens disclaimer guidelines

    By Our Staff

     

    The Advertising Standards Council of India (ASCI), has updated its “Guidelines for Disclaimers made in supporting, limiting or explaining claims made in advertisements”. The ASCI code requires that suitable disclaimers be used to properly explain and support claims made in advertisements to ensure that consumers can read all the information presented. In the past three years, ASCI has processed over 800 advertisements which were found to be in violation of the disclaimer guidelines.

     

    In a recent survey carried out by ASCI with 130 consumers, it was observed that

    1. 80% of respondents did not notice the disclaimer

    2. 33% could not understand the disclaimers clearly even after adequate exposure  time had been provided

    3. 62% of respondents felt that the disclaimer was excessively long.

     

    The Consumer Complaints Council (CCC), during their meetings, have also observed that sometimes, the frame of the advertisement that contains the disclaimer was very crowded, and distracted the viewer’s focus.

     

    To address these issues, the Guidelines for Disclaimers made in supporting, limiting or explaining claims made in advertisements have been amended by ASCI after consultation with stakeholders. The key additions to the existing disclaimer guidelines are as follows:

    :: The use of disclaimer should be kept to a minimum. Long or otherwise complex disclaimers with large blocks of text and difficult words are a deterrent to viewers attempting to read the contents of the disclaimer. In such cases advertisers should modify the headline claim to reduce the need for further qualification through disclaimers.

    :: Hold duration and readability of disclaimer – In television commercials or any other video advertisement on digital media, all disclaimers should be clearly readable to consumers. In a single frame in an advertisement:

    >> There should not be more than one disclaimer

    >> The disclaimer should be restricted to two full length lines and remain on  screen for more than four seconds for every line

    :: For regulatory requirements where the disclaimer exceeds two lines additional hold duration should be accounted for. For the purposes of calculating the duration of hold of disclaimers, all forms of text appearing on screen at any one  point in time should be counted. This includes both disclaimer text and any text  content in the main ad creative regardless of where on screen it appears and  whether or not it is repeated in audio.

     

    Other key facets of the disclaimer guidelines which remain unchanged are:

    :: A disclaimer can expand or clarify a claim, make qualifications, or resolve  ambiguities, to explain the claim in further detail, but should not contradict/modify  the material claim made nor contradict the main message conveyed by the  advertiser or change the dictionary meaning of the words used in the claim as  received or perceived by a consumer.

    :: A disclaimer should not attempt to suppress material information with respect to  the claim, the omission / absence of which is likely to make the advertisement  deceptive or conceal its commercial intent.

    :: A disclaimer should not attempt to correct a misleading claim made in an  advertisement.

    :: A disclaimer shall be in the same language as that of the claim/s of the Advertisement. In case of bilingual advertisements, the disclaimer should be in the dominant language of the advertisement.

     

    Commenting on the changes, Manisha Kapoor, CEO and Secretary-General ASCI said: “While ASCI has had disclaimer guidelines since 2016, it was observed that over-use of disclaimers made it difficult for consumers to understand all the information presented in the ad. This is evident from our survey where 80% of consumers did not even notice the disclaimers. Hence, it is important that claims are crafted in a way that minimizes the need for qualificatory disclaimers. Where disclaimers are needed, they should be  presented in a manner that someone who is interested in reading them has the  opportunity to do so.” For the full disclaimer guidelines: https://ascionline.in/disclaimer-guidelines.pdf

     

  • Complaints against 32 advertisements were not upheld as they were found to not be in violation of the ASCI code

    ASCI upholds 90% complaints made against ads in Aug-Sep

    By A Correspondent

     

    In August and September 2020, the Advertising Standards Council of India (ASCI) reports that it has looked into complaints against 317 ads, of these 64 were “promptly withdrawn by advertisers on ASCI’s intervention”. The independent Consumer Complaints Council (CCC) of ASCI evaluated the remaining 253, of which complaints against 221 advertisements were upheld. Of these 221 advertisements, 101 belonged to the education sector, 77 to healthcare, eight to food and beverage, seven to personal care, three to finance and investments and 25 were from other categories. Complaints against 32 advertisements were not upheld as they were found to not be in violation of the ASCI code.

     

    Notes a commuique: “In August and September both, the education sector saw a sharp rise in institutes making misleading and false claims in their advertisements, claims such as top of their field, Ranking No. 1, 100% job placements, best institute, 100% passing rate, were the most used claims that violated ASCI’s code. One online learning app claimed to be the best and pioneer of live online classes. Many educational institutions didn’t have substantial data and surveys to support the claims they were making and the CCC recommended that these advertisements be declared misleading. ASCI also upheld misleading ad claims made on various digital platforms like Instagram, Twitter and Facebook.”

     

    Said Manisha Kapoor, Secretary General of ASCI said: “Covid-19 related claims as well as misleading education claims continued to dominate the kind of complaints we received at ASCI during this period. The independent Consumer Complaints Council (CCC), which comprises members of civil society as well as industry, jointly view such advertisements and adjudicate. The CCC goes deep into understanding the underlying complaint and the advertiser response and justification before an opinion is given. ASCI’s only goal is to promote responsible advertising which safeguards consumers.”

     

  • The advertisement in question was viewed at ASCI by an independent multi stakeholder panel- The Consumer Complaints Council

    ASCI view on Tanishq ad

    By A Correspondent

     

    The Advertising Standards Council of India (ASCI) has issued a statement following a decision on the complaints received against the Tanishq advertisement. The complaint that the ad was objectionable “since it promoted communal intermingling”, as per an ASCI communique.

     

    Added the ASCI communique: “The advertisement in question was viewed at ASCI by an independent multi stakeholder panel – The Consumer Complaints Council, which balances view points from industry, civil society, lawyers, consumer activists as well as domain experts. This panel was unanimous that nothing in the advertisement  was indecent or vulgar or repulsive, which is likely in the light of generally prevailing standards of decency and propriety, to cause grave and widespread offence. The complaint was not upheld, as the advertisement did not violate the ASCI codes of honesty, truthfulness and decency in advertising. Therefore ASCI has no objection to the airing of this advertisement, should the advertiser choose to do so.”

     

     

  • Of these, 150 belonged to the healthcare sector, 40 to education, 20 to food and beverages, 4 to GAMA complaints, 12 to personal care and 31 to the other category

    ASCI resolves 257 complaints in June & July

    By A Correspondent

     

    In the months of June and July 2020, the Advertising Standards Council of India (ASCI) investigated complaints against 363 advertisements, of which 76 were withdrawn by advertisers. The independent Consumer Complaints Council (CCC) of ASCI evaluated remaining the 287 advertisements, of which complaints against 257 advertisements were upheld. Of these, 150 belonged to the healthcare sector, 40 to education, 20 to food and beverages, 4 to GAMA complaints, 12 to personal care and 31 to the other category.

     

    Subhash Kamath

    Said Subhash Kamath, Chairman of ASCI: “There has been a flood of advertisements with dubious claims about COVID-19 cures and preventions. Especially at this time when consumers are feeling more vulnerable about the virus, it becomes more important for us as regulators to ensure that these ads don’t exploit the consumer’s anxiety.  We understand that such claims can adversely affect consumers and we are committed to work closely with the Ministry of Ayush to help eliminate such malpractices from society.”

     

     

  • Two popular alcohol brands were seen using surrogate advertising by promoting a music CD and travel experience, respectively

    110 objectionable ads withdrawn in Jan 2020 after ASCI investigation

    By A Correspondent

     

    During the month of January 2020, ASCI investigated complaints against 342 advertisements, of which 110 advertisements were promptly withdrawn by the advertisers on receipt of communication from ASCI. The independent Consumer Complaints Council (CCC) of ASCI evaluated remaining 232 advertisements, of which complaints against 208 advertisements were upheld. Of these 208 advertisements, 83 belonged to the education sector, 64 belonged to the healthcare sector, eight to personal care, seven belonged to Real Estate sector, five to the food & beverages sector, and 41 were from the ‘others’ category.

     

    ASCI exercised the “Suspension Pending Investigation” (SPI) option to fast-track a complaint against an extremely offensive advertisement of an online content app. The advertisement shown as a user uploaded content involved the use of expletive and swear words as well as use of obscene language. The advertiser was instructed to pull down the objectionable advertisement within 48 hours.

     

    ASCI also processed an intra-industry complaint against an advertisement by a pipes and fittings company featuring a famous Bollywood celebrity that misled consumers by implying that they are selling zero defect pipes. The advertisement also violated ASCI’s Guidelines for Celebrities in Advertising.

     

    An FMCG giant, while presenting their ketchup as an accompaniment to meals was seen discrediting home cooked food and disparaging good food practices by calling it to be “boring” roti-sabji. Two popular alcohol brands were seen using surrogate advertising by promoting a music CD and travel experience, respectively.

     

    In the cosmetic and personal care category, one large FMCG company was found to fall foul by contravening the ASCI Guidelines for Advertising of Skin Lightening or Fairness Improvement products. These were two separate advertisements of their cosmetic bleach brands. Another FMCG company misled consumers by claiming that its soap was recommended by Doctors and is capable of reducing risk of skin problems by up to 95 per cent.

     

    A legacy brand with their sports motorcycle portrayed dangerous acts and manifested a disregard for safety as the visuals were likely to encourage minors to emulate such acts which could cause harm or injury.

     

    For the month of January, the CCC saw misleading advertisements of several IVF hospitals and Fertility clinics guaranteeing success and claiming to be the best. There were also a number of real estate advertisements making leadership claims which were unsubstantiated.

     

     

  • ASCI investigated complaints against 310 advertisements, of which 77 advertisements were promptly withdrawn

    ASCI acts on misleading ads for December 2019

    By A Correspondent

     

    During the month of December 2019, the Advertising Standards Council of India (ASCI) informs us that it investigated complaints against 310 advertisements, of which 77 advertisements were promptly withdrawn by the advertisers on receipt of communication from ASCI. The independent Consumer Complaints Council (CCC) of ASCI evaluated remaining 233 advertisements, of which complaints against 225 advertisements were upheld. Of these 225 advertisements, 124 belonged to the education sector, 66 belonged to the healthcare sector, seven to the food & beverages sector, six to personal care and 22 were from the ‘others’ category.

     

    A popular online shopping website was found misleading consumers by advertising a coupon code offering discount on all orders. The print ad of one of the leading alcohol brands in India was upheld because of surrogate advertising and violating ASCI’s guidelines of brand extension products. A widely used toothbrush brand could not substantiate a claim of being India’s No. 1 Toothbrush brand, recommended by Dentists.

     

    ASCI, through its Suo Motu surveillance, also picked advertisements that were in violation of guidelines for celebrities in advertisement. An advertisement featuring a Bollywood actor endorsing the claim “India’s First Hygienic Gym” was found to be misleading. Claims made by one advertiser marketing ayurvedic eye drops co-promoted with a movie release and endorsed by the two female leads in the movie were not substantiated. Another advertisement by the same advertiser for women’s health tonic featuring a yesteryear Bollywood celebrity was found to be misleading.

     

    Shweta Purandare

    Said Shweta Purandare, Secretary General, ASCI: “Due to the current Covid-19 pandemic situation, there is widespread anxiety, confusion and fear amongst public at large. ASCI is monitoring advertisements that are making unsubstantiated and opportunistic claims. We have issued notices to advertisers for immediate suspension of such advertisements pending investigation. ASCI’s active social media listening as well as availability of the WhatsApp number 7710012345 during the lock down period have been key in enabling ASCI to act swiftly.”

     

     

  • Several advertisements featuring celebrities were caught on the wrong foot for making misleading claims

    ASCI hauls up 137 ads in Nov 2019 for non-compliance

    By A Correspondent

     

    During the month of November 2019, ASCI investigated complaints against 408 advertisements, of which 137 were withdrawn by advertisers on receipt of communication from ASCI. The independent Consumer Complaints Council (CCC) of ASCI evaluated 271 advertisements, of which complaints against 248 advertisements were upheld. Of these 248 advertisements, 159 belonged to the education sector, 44 belonged to the healthcare, eight to personal care, four to the food & beverages sector, and 33 were from the ‘others’ category.

     

    While most ads were evaluated for making misleading claims, the CCC also upheld complaints against a couple of advertisements for encouraging disregard to safety. A TVC showing a pillion-riding barber shaving a policeman in uniform on his way to work was considered to be inappropriate, contravening ASCI guidelines for advertisements depicting automotive vehicles. Complaint against a drama serial promo indicating the protagonist doing self-harm by stifling her neck with a cloth (duppata) was also upheld.

     

    Also, a TVC for a popular pain relief gel claiming ‘#1 Doctor recommended active for acute pain relief’ was considered to be misleading as the terminology was ambiguous. It omitted a key word ‘ingredient’ which would be understood by general consumers. Also, a visual presentation of a claim by a popular roll-on deodorant product of dramatically changing dark underarms to fair in five days was considered to be misleading.

     

    Several advertisements featuring celebrities were caught on the wrong foot for making misleading claims. Advertisement of a popular diagnostic company featured a Bollywood actor who endorsed their claim of the diagnostic lab being ‘preferred by most doctors’, which was considered to be misleading by exaggeration and implication.

     

    Shweta Purandare

    Said Shweta Purandare, Secretary General, ASCI: “Consumers are exposed to a significant amount of advertisements on a daily basis. Children and youth are thereby greatly influenced not only for the product choices, but also by what is being depicted in the advertisements and celebrity endorsements. Responsible advertising means depicting safe practices and not encourage negligence. It is also the responsibility of celebrities to check authenticity of the claims they endorse and serve their role of informed influencers.”

     

     

  • The most common reason for upholding complaints was that the advertisements were misleading and exploited consumers’ lack of knowledge

    ASCI initiates action against ads violating guidelines for October 2019

    By A Correspondent

     

    During the month of October 2019, ASCI investigated complaints against 344 advertisements, of which 80 advertisements were withdrawn by the advertisers on receipt of communication from ASCI. The independent Consumer Complaints Council (CCC) of ASCI evaluated 264 advertisements, of which complaints against 137 advertisements were upheld. Of these 137 advertisements, 89 belonged to the education sector, 29 belonged to the healthcare sector,  four to personal care,  two to the food & beverages sector, and 13 were from the ‘others’ category.

     

    In the CCC deliberations, the most common reason for upholding complaints was that the advertisements were misleading and exploited consumers’ lack of knowledge. This was followed by violations of ASCI Guidelines for Advertising of Educational Institutions and Programmes. The other reasons for complaints to be upheld were superlative claims and unsubstantiated claims of having won awards.

     

    Among various advertisements that were examined, the CCC observed that a top cricketer celebrity was endorsing ‘Instant payment’ claim being made by a well-known online platform for sale of second hand cars. An international automotive company, in their radio ad implied that consumers should not care for traffic rules hence showing a complete disregard for road safety. In the personal care category, a renowned personal care company founded by a beauty expert, mentioned SPF values that they could not substantiate by providing in vivo support data. A widely used sanitary napkin brand advertised its product to have long lasting cooling effect, which was unsubstantiated. Advertisements by hospitals offering IVF treatments were pulled up for making misleading claims regarding their success rates. An internet restaurant company’s claim of being the ‘World’s largest internet restaurant company’ was considered to be misleading in absence of relevant verifiable support data.

     

    The CCC also came across a significant number of advertisement pertaining to the education sector with the advertisers making unsubstantiated and superlative claims of being the most trusted, No. 1 or winning awards.

     

    Rohit Gupta

    Said Rohit Gupta, Chairman, ASCI: “Building on the momentum of the fine work done by the ASCI Secretariat in the past few years, for the year 2020 our resolve is to further strengthen the advertising ecosystem. This would be by means of new initiatives, enhanced processes and new guidelines that we plan to roll out in the coming months. These initiatives would not only benefit consumers but would also result in enhanced participation of industry members in effectively practising self-regulation in advertising.”

     

     

  • The independent Consumer Complaints Council (CCC) of ASCI evaluated 385 advertisements, of which complaints against 344 advertisements were upheld

    ASCI pulls up misleading ads for Aug & Sep 2019

    By A Correspondent

     

    The Advertising Standards Council of India has reported that during the months of August and September 2019, it investigated complaints against 564 advertisements, of which 179 advertisements were promptly withdrawn by the advertisers on receipt of communication from ASCI. The independent Consumer Complaints Council (CCC) of ASCI evaluated 385 advertisements, of which complaints against 344 advertisements were upheld. Of these 344 advertisements, 259 belonged to the education sector, 50 belonged to the healthcare sector,  eight to personal care,  eight to the food & beverages sector, and 19 were from the ‘others’ category.

     

    There were several prominent brands in the Food and Beverage sector making comparative claims regarding the product composition, taste preferences, health benefits or market leadership.  Many of the claims were not adequately substantiated. The CCC also considered the comparisons to be unfairly denigrating the entire category in which the advertiser brands were competing in. A leading dairy brand presented their butter cookies to be superior due to presence of 25 per cent butter and 0 per cent vegetable oil.  However they made a sweeping statement that “other” butter cookies contain only 0.3 to 3 per cent butter and 20 to 22 per cent vegetable oil without presenting any verifiable evidence. Another snack brand, endorsed by a prominent cricket celebrity claimed that up to 60 per cent of people said that their baked snack was tastier than other fried snack brands. However, this claim was not conclusively proven. The same celebrity also endorsed a leadership claim for a food supplement brand ‘No. 1 Supplement for Men’. As this ranking was achieved in the UK and not in India, the claim was considered to be misleading.

     

    Rohit Gupta

    Said Rohit Gupta, Chairman, ASCI: “Recently as per media reports, Food Safety and Standards Authority of India (FSSAI) issued a statement that that the advertisers must desist from making misleading claims and that the food companies could be liable to pay a fine of up to INR 10 lakhs. Consequences of misleading advertising are grave, not only for the public but also for advertisers as it damages their reputation and breaks consumers’ trust in their products. ASCI encourages advertisers to follow the ASCI Code for self-regulation in advertising and Guidelines for Food and Beverages sector in particular so that all stakeholder interests are taken care of.”

     

    EDUCATION: – 259 advertisements complained against

    Direct Complaints (8 advertisements)

    Suo Motu Surveillance by ASCI (251 advertisements)

     

    HEALTHCARE: – 50 advertisements complained against

    Direct Complaints (17 advertisements)

    Suo Motu Surveillance by ASCI (33 advertisements)

     

    PERSONAL CARE: – Eight advertisement complained against

    Direct Complaints (2 advertisements)

    Suo Motu Surveillance by ASCI (6 advertisements)

     

    FOOD AND BEVERAGES: – Eight advertisements complained against

     

    Direct Complaints (6 advertisements)

    Suo Motu Surveillance by ASCI 2 advertisements)

     

    OTHERS: – 19 advertisements complained against

     

    Direct Complaints (10 advertisements)

    Suo Motu Surveillance by ASCI (nine advertisements)

  • 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.”

     

     

  • 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.”

     

     

  • 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.”