MxMIndia

Tag: Consumer Complaints Council

  • Complaints against TV ads reduce as complaints against print ads continue

    ASCI upholds complaints against 12 ads

    By A Correspondent

     

    During March and April 2012, the Consumer Complaints Council (CCC) of ASCI, upheld complaints against 12 advertisements, most of them part of the healthcare and/or personal hygiene sector. During the same time, the CCC did not uphold complaints made against 12 advertisements.

     

    Euro Fashion Inners received complaints against its print advertisement published across newspapers across the country.  As per the complaint, the advertisement shows “naked men holding cockerels against their pelvic region while asking ‘what’s your size’?” This advertisement was seen as obscene and seriously offensive to public decency. The CCC concluded that the advertisement was indecent, vulgar and repulsive, likely to cause grave or wide spread offence. The complaint against the advertisement was Upheld and the advertiser was asked to stop the campaign.

     

    Sareen Hair Clinic’s advertisement stated that “Hair re-growth – also treatment for hair falling, baldness, alopecia, and thinning of hair. Non surgical hair replacement – painless, totally natural, completely undetectable, look younger in just 120 days, surgical hair replacement – get your hair back naturally in just 1 day procedure.” The advertiser did not provide any proof or supporting clinical information, neither were any details provided on reports of tests/trails conducted from an independent recognized testing institution. In the absence of supporting clinical information from the advertiser, the CCC concluded that the advertisement is likely to mislead consumers. Hence, the complaint against this advertisement was Upheld.

     

    Fit and Fine Slimming Centre and Beauty Clinic was under the scanner for their advertisement which claimed that “Reduce upto 5 kg, Lose up to 15 inches with Ultra Lypolysis Program, Advanced treatment free”. The advertiser failed to provide  data or supporting technical information with details of reports of tests/ trails conducted by an independent recognized testing institution, in substantiation of these claims. In the absence of supporting clinical information, the CCC concluded that all claims mentioned in the advertisement were not substantiated and the complaint was Upheld.

     

    Fair Pharma was pulled up for their advertisement that states “Cancer – We open for you the door back to life”. The treatment given by Fair Pharma for curing Cancer is not provided and the claim implies assuring consumers of curing cancer, which is a false claim. The claim needs to be substantiated with data based on independent scientific research. Since the advertiser failed to respond to ASCI’s letter and in the absence of supporting clinical information, it was concluded that the advertisement could be misleading and could cause wide spread grievance. Hence the complaint was Upheld.

     

    The advertisement of Smart Careers (BBS/BBA), claimed “guaranteed College Admission”. This claim was not backed or substantiated with data or evidence. Also, there was no validation provided by an independent agency to confirm the claim. In the absence of any proof, it was concluded that the advertisement contravened Clause 3 of the aSCI Guidelines for Advertising of Educational Institutions and Programs and hence this complaint was Upheld.

     

    Similarly, the advertisement of Career Launcher (IIM Calls) was pulled up for their claim “24 YLP admits in ISB.” In the absence of any verification of claims from an independent body, the CCC concluded that the advertisement contravened chapter 1.1 of the code and the complaint was Upheld.

     

    Stoss Welle Healthcare was under the radar for their advertisement which states “Many suffer from erection related problems/ pre-mature ejaculation/ leakage of urine/ difficulty in urination. Are you one of them? Obtain desired results with the help of latest proven state-of-the-art non surgical Swiss Technology.” Advertiser must provide proof, supporting clinical information, with details of report of tests and trials conducted from independent recognized testing institutions. In the absence of supporting clinical information, the CCC concluded that the claims mentioned in the advertisement and cited in the complaint, were not substantiated. Hence, this complaint was Upheld.

     

    Shree Baidyanath Ayurved Bhavan P Ltd’s advertisement on Rheumartho Gold Capsules stated that “Enriched with most effective swarna bhasma and salal guggul; Offer lasting relief from backache, joint pain, muscular pain etc; Helps to treat the root cause of pain and Helps to regain the flexibility of joints”. Advertiser should provide proof, supporting clinical information, with details of test/trials reports conducted from an independent recognized testing body in order to substantiate these claims. However, in the absence of adequate clinical information, the CCC concluded that the claims mentioned in the advertisement and cited in the complaint were not substantiated and therefore this complaint was Upheld.

     

    In April, media house Dainik Jagran’s 2 advertisements were pulled up for being false and misleading. For their claim, “Haryana mein Dainik Jagran 2 guna Dainik Bhaskar se” Dainik Jagran has used the data of readership in the city of Faridabad and implied all state leadership. As a standard practice while comparing two publications, city data cannot and must not be referred to as state’s data. The CCC noted that the claim, ‘Haryana mein Dainik Jagran 2 guna Dainik Bhaskar se’ was not made on the basis Average Issue Readership (AIR), which was considered misleading.  On another occasion, their advertisement which stated that Dainik Jagran is “Haryana’s No.1 newspaper,” was also pulled up for misleading the readers by using visual aids to create the illusion of its leadership and gap between the newspaper brands. Complaints against both these print advertisements were Upheld for being false and misleading.

     

    Vodafone, which is usually known for their excellent taste in advertising, was under the radar in April, for their TVC which depicted school going kids getting attracted towards each other and fall in love. The CCC concluded that the sexualized subtext of young teens being attracted to one another was likely to cause grave and widespread offence. Hence, the complaint was Upheld.

     

    Pernod Ricard’s print advertisement on Absolut Kher, shows the visual depiction of a ‘bottle’ which is suggestive of a well known brand of liquor product – Absolut. The CCC concluded that the depiction of the bottle with the titles ‘Absolut’ was in violation of the ASCI Code as it propagated a product, the use of which is banned under the law. The complaint was Upheld.

     

    During the month of March, the CCC also received complaints against two advertisements of  Perfetti Van Melle, and one each against Gulf Oil India, HUL’s VIM Detergent Bar, and Cadbury India’s Perk Chocolate, Johnson’s Baby Top-To-Toe Wash, HUL’s Close Up toothpaste, Parle Mango Bite, Uninor, HUL’s Axe Shower Gel, and Tata Chemical Ltd’s Tata Swach Water Purifier. As these advertisements did not contravene ASCI’s codes or guidelines, the complaints were Not Upheld.

     

    Advertising Standards Council of India is a self regulatory voluntary organization of the advertising industry. The Role and Functioning of the ASCI & its Consumer Complaints Council (CCC) is dealing with complaints received from Consumers and Industry against advertisements which are considered as false, misleading, indecent, illegal, leading to unsafe practices, or unfair to competition, and consequently in contravention of the ASCI code for self-regulation in advertising.

     

  • Competition organized to encourage self regulation in advertising huge success

    ASCI, Goafest announce winners of ‘ASCI Mobile Movie Challenge’

    By A Correspondent

     

    The Advertising Standard Council of India (ASCI) announced the winners of the ‘ASCI Mobile Movie Challenge’ during the closing event of Goafest 2012, the Creative Abbys. The competition, conducted to promote responsible creativity, and to encourage self regulation in Advertising, under the theme of ‘Creativity with a conscience’, garnered huge public support during the 3 day ad-fest.

     

    The winning entries came from team Leo Burnett consisting of Nikhil Pai, Abhineet Agarwal & Almas Ahmed and team O&M consisting of Parth Gadhiya, Harshad Salian, Aishik Sengupta. All the six winners received an iPad sponsored by media house, Rajasthan Patrika.

     

    The competition received a total of 120 registered entries through 41 mobile movies, from across the country. Of all the movies registered, 8 were shortlisted by a jury of eminent ad-makers and 2 were chosen as winners.

     

    As per the contest, teams of 3 young professionals, under the age of 30 years, were asked to create a short film (between 30 and 60 seconds), using their mobile handsets. Each team was assigned a mentor film maker who guided the team members on the nuances of film making. The teams were asked to create the art forms on one of the four briefs provided by ASCI which were based on the four tenets of ASCI’s code of self regulation: Honesty & truthfulness in advertising; Decency in advertising as per generally accepted societal norms; Safety & avoiding exploitation of vulnerable sections of society, especially children and Fairness in competition

     

    Mr Subhash Kamath, ASCI Board Member, said: “Through this competition, we wanted to inspire young professionals to abide by the guidelines set by ASCI and implement the same in their work. We’re extremely happy with the kind of response we’ve received and thankful for all the support. Next year, we hope to make this initiative larger and stronger by reaching out to many more media, advertising professionals.”

     

    The films were showcased at Goafest 2012 and uploaded on youtube.com and select online portals, so as to inspire professionals to understand the importance of self-regulation in advertising. The entries were judged by a jury of top creative directors and film makes of the industry.

     

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

     

     

     

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

    ASCI is not a toothless tiger: Bharat Patel

     

    Bharat Patel

    By Robin Thomas

     

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

     

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

     

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

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

     

    And the discussion to set up NAMS?

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

     

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

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

     

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

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

     

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

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

     

     

    ‘Paradigm shift for self-regulation’

     

    I Venkat
    LV Krishnan

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

     

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

     

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

     

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

     


  • The Consumer Complaints Council (CCC) of ASCI upheld complaints made against 17 advertisements, from various sectors like agro products, deos, and Home Shopping Networks

    ASCI upholds complaints against 17 of 31 ads

    By A Correspondent

     

    The Consumer Complaints Council (CCC) of Advertising Standards Council of India (ASCI) received a complaint against Bollgard, which had made claims of boosting cotton farmers’ income by Rs31,500 crore, reducing usage of insecticides, containing in-built plant protection and increasing yields. The CCC concluded that the claims made in the advertisement and cited in the complaint, were not substantiated. The advertisement contravened Chapter I.1 of the ASCI Code.

     

    The complaint was upheld.

    PassPortDeodorant’s TVC, which focuses on a woman’s body and lewd expressions on the face of the male actor, was pulled up by the CCC. It was concluded, that the advertisement was obscene and that, in the light of generally prevailing standards of decency and propriety, the TVC was likely to cause grave or widespread offence.

     

    The complaint was upheld.

    Telemart Shopping Network Pvt Ltd’s advertisement of Sandhi Sudha was under scanner as the TVC made claims of curing arthritis and spondylitis and of a ‘Money Back Guarantee’, if the product was ineffective. The CCC concluded that in the absence of scientific substantiation, the claim “Sandhi Sudha cures the disease of arthritis and spondylitis” was not substantiated and was misleading. The complaint regarding “money back guarantee” was misleading as the terms and conditions for the refund were not mentioned in the TVC.

     

    The complaint was upheld.

    Association of Mutual Funds inIndia’s booklet states that “Every Mutual Fund is managed by a fund manager, who, by using his investment management skills and necessary research work, ensures better returns than what an investor can manage on his own”. The objection is to the word “ensures” as it could be misleading.

     

    Hence it was upheld.

    Dr. Ayurveda Power Prash and Body Growth’s advertisement for ‘enhancement of sexual power’ was questioned for its claims stating “increasing sperm count, helping people suffering from infertility to have kids.” The CCC remarked that these claims were not substantiated. The advertiser should provide clinical data in substantiation of these claims. The CCC concluded that the TVC contravened The Drugs & Magic Remedies Act.

     

    Hence, the complaint was upheld.

    The advertisement of Glen Appliances Pvt. Ltd’s print advertisement states “Do you know cooking in aluminium can be harmful?” while the website states “Do you know aluminium cookware is not safe?” These claims are not truthful, and have not been substantiated by any reputed international organization such as the World Health Organization (WHO) or by any country noted for a high standard of vigilance in consumer protection. The claims are not based on facts, and incapable of reasonable substantiation. It also unfairly denigrates attacks and discredits all aluminium cookware directly. The CCC concluded that the print ad’s and the website’s claim that cooking in aluminium is not safe were misleading.

     

    The complaint was upheld.

    Vanesa Inc’s advertisement of Denver Deodorant contains the tagline “play it cool”. However, the brand John Player’s has been using the same tagline since 2005. Since copying the slogan amounts to plagiarism, the advertisement contravened Chapter IV.3 of the ASCI Code.

     

    The complaint was upheld.

    In the personal hygiene segment, the CCC received a complaint against Stayfree All Night. As per the complaint, the advertisement claims that “Stayfree all night has the unique five guard. This in comparison to your Ultra is longer, wider, with more body coverage, more absorbent and drier too.”

     

    This claim means that the Stayfree All Night is better than all the pads in the market which use the word “Ultra”. But in reality this is not the case as has been admitted by the TVC itself in the form of a super which states, “When compared only with Ultra napkins of 280 mm length and 105 mm back width.” Making comparison against product in different segment is unfair and misleading. As the comparison was not made between products of a similar size, the TVC was considered misleading.

     

    The complaint was upheld.

    Health drink Complan’s advertisement was under the scanner this time around. The TVC claimed that “children who drink Complan grow 2 times faster than children who drink other health drinks”. This claim was substantiated through independent clinical research.

     

    This complaint was Not Upheld.

    However the comparison in the Chart between Complan and non-Complan drinkers is likely to mislead consumers that Complan is superior on the basis of its main ingredient (Milk Solids)

     

    Hence, this complaint was upheald.

    In the education sector, Noesis Education and Management Services was pulled up for their advertisement which made claims of being ‘Biggest in India, attended by 1200 students at a time’, ‘Do not miss out on being trained by the best subject experts from all over the country,’ ‘High quality contents from Bestselling authors, rank holders and subject matter experts.’ 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.

     

    Hence the complaint was upheld.

    In the healthcare and pharma sector, Pfizer’s advertisement on Gelusil Antacid was questioned. As per the complaint, the TVC shows “a boy running along a parked vehicle and using a sharp article scratching the vehicle, possibly scraping the paint and even denting the body”. The question asked: “Does this make your Heart burn” followed by “Gelusil be used to avoid heart burn and acidity”.

     

    The CCC concluded that the depiction of the young boy vandalizing a car is likely to encourage minors to emulate such acts, the careless use of which could lead to their suffering cuts or other injury.

     

    The complaint was, therefore, upheld.

    Eureka Forbes’ Aquasure water purifier’s TVC claimed that the product provides ‘World’s Safest Water’. The TVC does not provide any basis, facts or reference to any study or research work which substantiates this claim. The CCC concluded that, whilst the water from Aquasure water purifier is safe, the claim of the “World’s safest water”, is misleading. The complaint was upheld.

     

    The CCC also received a complaint against Eureka Forbes’ Aquasure Xtra water purifier’s leaflet which makes comparisons and propagates false statements about Pureit products, Classic and Compact. The tabular format compares the product features and puts a ‘?’ against Pureit products. The CCC concluded that, while Eureka Forbes has gained trust of the consumers, to say that Pureit products have not, is disparaging. By marking a ‘?’ against the Pureit brand is misleading and creates doubts in the minds of the consumer. It was thus concluded that the leaflet contravened the code.

     

    The complaint was upheld.

    During these two months, the CCC also received complaints against Cadbury- Bournville, Piramal Healthcare Ltd’s Supractiv Complete, Jockey, MetLife India Insurance Company Ltd, Ad promos of C.I.D., Fast Track watches, Killer Deodorant, Wild Stone Deodorant, TATA Docomo, Colgate Palmolive, Dulux Paints, and Santoor Soap amongst others. As these advertisements did not contravene ASCI’s codes or guidelines, the complaints were not upheld.

     

    Advertising Standards Council of India is a self regulatory voluntary organization of the advertising industry. The Role and Functioning of the ASCI & its Consumer Complaints Council (CCC) is dealing with complaints received from Consumers and Industry against advertisements which are considered as false, misleading, indecent, illegal, leading to unsafe practices, or unfair to competition, and consequently in contravention of the ASCI code for self-regulation in advertising.

     

  • Of the total 18 ads brought up, many are claims by home shopping networks which are under the scanner.

    ASCI upholds complaints against 10 ads in Sept-Oct 2011

    By A Correspondent

     

    During the months of September and October, the Consumer Complaints Council (CCC) of the Advertising Standards Council of India (ASCI) upheld complaints against 10 advertisements, most of them being products of home shopping networks. During the same period, the CCC dismissed complaints against eight advertisements.

     

    TVC Sky Shop Ltd. released an advertisement for Sandhee Suddham Oil which made claims of ‘Immediate relief from joint pain (Arthritis) -100% effective; effective ayurvedic treatment to get relief from knee pain, all joint pain and arthritis; increases the flow of joint fluid; repairs and strengthens the damaged tissues to make your joints strong and give quick relief from pain and swelling and solves all your joint pain problems’. The claims had to be substantiated with technical data through clinical research and appeared to be gross exaggerations. They portrayed that the product, inclusive of its ingredients, possessed special properties, which were not yet proven scientifically. This was likely to lead to grave disappointment in the minds of the consumers. The complaint was upheld.

     

    GTM Teleshopping Pvt. Ltd’s advertisement of Divyarishi’s Kuber Kunji claimed ‘Kuber Kunji will protect you if you are continuously in debt, if your money is spent as soon as you earn, if you have to struggle for anything in life.’ In another advertisement of Badha Mukti Yantra, the TVC suggested that ‘All of a sudden the happiness of your family disappears, your shop and business goes into a loss, if you come under the spell of black magic, then Badha Mukti Yantra is the cure/solution.’ One more complaint was made against the Shani Shubh Yantra advertisement which claimed ‘Shani Shubh Yantra will protect you from your business failing, from your marriage being on the rocks, from you not getting interview calls for a job, from marriage proposals for your beautiful daughter breaking down.’ The TVC for AAA Teleshoping Pvt Ltd’s Maha Dhan Laxmi  Yantra encouraged the use of this product for ‘procuring the blessings of Goddess Lakshmi and better finances and assets.’ The TVC claimed that the Maha Dhan Laxmi Yantra has miraculous powers to provide financial advancement and stability to the consumers. In all the cases, the CCC concluded that, in the absence of any response from the advertiser, the claims made in the advertisements and cited in the complaints, were not substantiated and were likely to cause widespread disappointment in the minds of the consumers. The complaints  were upheld.

     

    In a complaint against Skymall/ Global Skyshop’s Sai Darshan Pendant, it was stated that the TVC encourages the use of this product for procuring fame, better finances and assets. The TVC professes different stones for different sun signs. The TVC claims that ‘Sai Darshan pendant has miraculous powers to grant everything one wants in life.  The product is said to have the blessings of Sai Baba.’ The CCC concluded that, in the absence of comments from the advertiser, the claims made in the advertisement and cited in the complaint, were not substantiated and were likely to cause disappointment. The complaint was upheld.

     

    Bharat Business Channel Ltd’s Videocon d2h advertisement claimed that ‘Videocon d2h is the No.1 DTH service.’ This claim was in clear contradiction of the fact, since Videocon is neither the oldest nor largest DTH service provider nor does it provide  the largest number of channels.  Moreover, no survey or study was conducted in the market which has given such “No.1” rating to Videocon. The advertisement was seen as being false and misleading. The CCC concluded that the claim was not substantiated with data or independent market research.  The complaint was upheld.

     

    Shri Lal Mahal Empire Basmati Rice’s recent advertisements also came under the CCC scanner with their claims on ‘Fat and Sugar Free Rice.’ The website claims, ‘Empire Basmati rice is India’s first sugar free, fat free rice with no cholesterol content’ while the TVC claimed the product to be ‘Sugar and fat free’. As per the complaint, being free of sugar, cholesterol and fat are general characteristics of rice, and are not limited to a particular brand. Moreover, rice is produced naturally, so one can’t change its nutritional value without genetically engineering the crop. These claims had to be substantiated with data from an independent scientific research. The CCC concluded that the claim was not substantiated and hence was misleading. The complaint was upheld.

     

    TVC Sky Shop Ltd’s advertisement of Dr. Slim Tea claimed that ‘Lose weight with a cup of Herbal Tea; Ayurveda offers a comprehensive approach to tackle this lifestyle disease; Dr. Slim Tea is a premium blend of therapeutic herbs like Garcinia, Gymnema, Licorice, Ocimum, Pippali, Marich and so on, formulated to boost your metabolism and digestion, improve your immune system and shed kilos of extra fat, weight and inches and you will feel a noticeable effect from the first cup of Dr. Slim Tea.’ It was stated that these claims needed to be substantiated with technical data based on an independent clinical research. In the absence of comments from the advertiser, the CCC upheld the complaint.

     

    There was a complaint received against the TVC of Popular Finance – Gold Loan, which is said to have appeared on Asianet TV. As per the complaint, the TVC claimed that Popular Finance is ‘India’s No.1 Gold Loan Company.’ It was stated that this claim is false, as Muthoot Finance isIndia’s largest Gold Loan company(in terms of Gold Loan Portfolio source, ICRA Management Consulting Service Ltd – IMACS report on Gold Loan Market inIndia). The CCC concluded that the claim, “India’s No.1 Gold Loan company” was not substantiated, and complaint was upheld.

     

    During these two months, the CCC received complaints against Idea 3G, Maruti Stepney, Lilliput Kidswear, Expert Dishwash Bar, Ceat Tyres, Tata  Docomo Mobile  Network, Mankind  Pharma  Ltd’s Manforce  Condoms and Max New York Life  Insurance amongst others. As these advertisements did not contravene ASCI’s codes or guidelines, they were not upheld.

     

  • Claims by FMCG, educational institutions and health centres also on CCC radar

    ASCI’s Consumer Complaints Council upholds complaints against 17 out of 25 ads

    By A Correspondent

     

    During July and August 2011, the Consumer Complaints Council (CCC) of ASCI upheld complaints made against 17 advertisements from various sectors like Education, Health, FMCG and Restricted products. During the same timeframe, the CCC did not uphold complaints against 8 such advertisements.

     

    In a complaint received against the advertisement of Maruti Suzuki – Estilo Magic, the advertisement mentions the mileage of i10 (1.1) Era as “16 kmpl”, which is incorrect.  i10 (1.1) Era ARIA certified mileage is 19.8 kmpl. The CCC concluded that the data stated in the advertisement about the mileage of the competitor did not tally with the ARIA Certification and is false.

     

    There was a complaint relating to the advertisement of “Bata India – Think Weinbrenner, Think Outdoors.” As per the complaint, Bata had carried out a print campaign for Weinbrenner, wherein the copy read, “SMS Bata <space> <your e-mail id> to 58888 to win exclusive gifts”. Acting on the line, the complainant sent SMSes twice, but was never offered or sent any gifts. The CCC concluded that the statement, “SMS BATA…to win exclusive gifts”, was misleading as the advertisement did not state clearly all material conditions to enable the consumer to obtain a true and fair view of his prospects in such activities.

     

    A complaint was received against advertising communication of Hindustan Unilever – Pureit Water Purifier. As per the complaint, the commercials make a claim of “Pureit 1 Crore safety challenge”.  The CCC considered the technical proof provided by the advertiser and the complainant and concluded that whilst Pureit “meets USA’s EPA stringent germ-kill criteria”, it is not the only one to do so.  The claim, “It’s been 2 years and till date no purifier in India has been able to meet Pureit’s Safety challenge”, is misleading as this challenge was only against products launched prior to December 2009. Thus, the communication created a false impression that Pureit is the best water purifier.  This complaint was also upheld.

     

    In the education sector, there was a whole set of advertisement that received complaints. For T.I.M.E. – CAT’ 11/12, the claim “Largest student base: 1,30,000+ students trained for CAT’09 & CAT’10” was  rejected as the claim was not validated  by any third party nor the advertiser  had compared any data of other service providers in the same category. Also, the claim, “Best faculty team in Delhi – NCR”, was not supported by any comparative data. Another claim, “Best Results: 50%+ of students in the IIMs are from T.I.M.E.”, was neither validated nor supported with any independent data, and the claim was based on 2009 and 2010 data as mentioned in the advertisement. The CCC concluded that pending the validation of the data by independent auditors, the claims are misleading and hence upheld the complaint.

     

    Career  Launcher (I)  Ltd in one advertisement mentioned that,”4300+ IIM calls in CAT”10″, “CL scores: 4/8 100 % in CAT’10, FMS’10 & 11 Toppers, JMET’10 Topper”. These claims were not backed and substantiated with data/ evidence.  The CCC concluded that pending the validation of the data by independent auditors, the claims mentioned in the advertisement and cited in the complaint are misleading. The complaint was upheld

     

    The advertisement of Team Satyam claimed that “75+ Students and counting, in National Law Schools”, “95% of call getters from Lucknow are Clat Possible students”,  “5/5 NLU-Delhi call getters from Lucknow are Clat Possible students”, “3 NLSIU, 5 NALSAR, 7 NUJS, 8NLU-D  Students to National Law Schools”,  “40+ Students to National Law Schools”. The CCC concluded that pending the validation of the data by independent auditors, the claims mentioned in the advertisement and cited in the complaint, are misleading.  The advertisement contravened Chapter I.4 of the Code.  The complaint was UPHELD.

    A TVC of Greenply Industries Ltd. Greenlam Laminates showed “an old man going through the Catholic sacrament of baptism, and thereafter his funeral which shows a coffin made with Greenlam Laminates. The TVC is extremely offensive and mocks the Roman Catholic faith, by unnecessarily using sacraments to promote its product.  The CCC concluded that the TVC appeared to trivialize conversion and thus is likely to hurt religious sentiments. This complaint was upheld.

     

    Hindustan Unilever Ltd’s Dove Damage Therapy TVC claimed that Dove is the most recommended shampoo by Indian women”, is qualified by a super stating “Based on a study conducted amongst 400 women”.  It was stated that a base size of 400 is far too small to be used to support this claim and it also did not clarify the parameters for which the Dove shampoo is recommended. Also, the supers in the said advertisement are blurred and illegible. The print advertisement, TVC, and the hoardings contravened Chapter I.4 of the Code and the claims are misleading, hence the complaint was upheld.

     

    Procter & Gamble Home Products  Ltd’s -  New  Ariel  Oxyblu – Deep Clean Technology ad showed the removal of three difficult stains, namely ink, oil and tea by use of Ariel Oxyblu, whereas the claim support data mentioned in the super is for ink stains alone. The super reads “Creative visualization.  Based on technical test by independent laboratory (Prema Labs, 2011) tested on ink stain in three different layers of polyster fabric v/s ordinary powder.  It is clear from the same that the claims about removal of oil and tea stains are completely unsubstantiated. The CCC concluded that the claim read in conjunction with the visual depiction is misleading by implication.

     

    Pernod Ricard India Pvt Ltd, in its  TVC of Royal  Stag  – Mega  Cricket showed the visuals of the cricketer Harbhajan Singh on his first day in a ball bearing factory. He is shown saying, “Have I made it large?” As per the complaint, the TVC begins with the repeated use of the word “large”, which is normally referred to as a measure of liquor and by associating it with Royal Stag, which is a liquor brand, the TVC is an overt insinuation aimed at conjuring up the image of a liquor brand and therefore an indirect and surrogate advertisement for liquor. Despite having approvals from CBFC for using the slogan, the CCC concluded that the TVC uses the brand name and logo of a liquor product. The advertisement contravened Chapter III.6 (c) (d) of the ASCI Code. Also, as the TVC violated the Rule 7(2) (viii) (A) of The Cable Television Network Rules 1994, the TVC is in breach of the law and contravened Chapter III.4 of the ASCI Code.  The complaint was upheld.

     

    As per McDowell’s No.1 Platinum Soda advertisement which begins with the visuals of a Sikh boy resembling cricketer Harbhajan Singh shown sitting on a large ball and saying, “Have I made it large”.  Then they show the arrival of his father and upbraiding him for making a large ball instead of ball bearings. This is followed by cricketer Mahendra Singh Dhoni’s dialogue, which goes on to say, “Zindagi mein kuchh karna hai to large chhodo. Kuchh alag karo, yaar. McDowell’s No.1 Platinum Soda. No.1 Spirit of Leadership”.  The TVC is a clever ploy of capitalizing on the image of a liquor brand sought to be created in the TVC of “Royal Stag – Mega Cricket”, and then extrapolating it with another liquor brand “McDowell”.   The use of the word “Spirit” in its tag line further enhances the image of the liquor brand and therefore the TVC is an indirect and surrogate advertisement for liquor. The complaint was upheld.

     

    One of the Ford Figo advertisements stated that the “Ford Figo leaves its competition far behind”, and has made comparison of Figo Advantage with Hyundai i10 in terms of space and maintenance. The facts used in the advertisement were based on Ford’s internal Benchmarking study, and had no independent support. The advertisement was deemed as misleading the consumers by the CCC which concluded that the claims made in the advertisement were not substantiated on the basis of an independent survey.

     

    General Motors India Pvt. Ltd.’s TVC of Chevrolet Beat Diesel adopted the tagline of “India’s most fuel efficient car”, and have, with a view to mislead the consumers, tried to justify the same by relying upon a stray comment in an article published in ‘Autocar India’ of August 2011 issue, whereby the magazine by its own non-standard method tried to give a general sense to consumers of city driving fuel efficiency of the ‘Beat Diesel’.  The Beat Diesel advertisement uses the tagline which is same as that used by “Indica eV2” in their advertisement of being “India’s most fuel efficient car”.  This fuel efficiency claim is backed by ARAI who have certified ‘Indica eV2″. Apart from plagiarism, the advertisement is disparaging the ‘Indica eV2’. The CCC concluded that the claim was not backed by the data of ARAI. This part of the complaint was upheld.

     

    Titan’s Fast Track Watches advertisement showed a young woman taking off her innerwear (bra) from underneath her T-shirt and holding it out as if to discard it.  The advertisement is promoting a new offer of 20% off on watches. The advertisement is offensive to women, damaging young minds, and totally unrelated to the subject of the advertisement.   The CCC concluded that the depiction of the young woman is likely, in the light of generally prevailing standards of decency and propriety, to cause grave or widespread offence and hence the complaint was upheld.

     

    During these two months, the CCC also received complaints against Samsung ACs, Royal Hygiene Care Pvt Ltd’s She Comfort, Hindustan Unilever’s Pureit Marvella eWater Purifier, IMS  Learning  Resources  Pvt  Ltd, Hardcastle Restaurant’s McDonald’s, L’Oreal India’s Garneir Fructis, Hindustan Unilver’s Clinic All Clear and Tata Indicom amongst others as these advertisements did not contravene ASCI’s codes or guidelines.