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Tag: NAMS

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

    ASCI for faster, stronger action against ads violating code

    By A Correspondent

     

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

     

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

     

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

     

    Arvind Sharma

    Commenting on these initiatives, ASCI Chairman Arvind Sharma said, “ASCI has been continually innovating to protect the interests of the consumers and all these initiatives are steps towards that. The proactive tracking by NAMS, earlier of all newly released ads in print and TV and now of all upheld complaint ads, and reporting non-compliance to statutory bodies, is likely to help substantially in moving towards the goal of eradicating misleading ads. The appointment of a COO and an additional CCC will go a long way in ensuring speedier and more effective complaint redressal process. ”

     

  • The Indian self-regulatory body has been honoured by the European Advertising Standards Alliance (EASA)

    ASCI’S NAMS inititative bags Silver at EASA 2013

    By A Correspondent

     

    The Advertising Standards Council of India (ASCI) has won the Best Practice Silver Award at the European Advertising Standards Alliance’s (EASA) Annual Meeting held in Milan, Italy recently. ASCI received this award for introducing the path-breaking initiative, National Advertising Monitoring Service (NAMS), in May 2012. ASCI had introduced NAMS to strengthen the process of tracking and reducing misleading advertisements, which harm the interests of consumers.

     

    The proactive monitoring by NAMS of print and TV ads has helped in tracking a much wider number of misleading ads month on month. In relative terms, the number of ads against which complaints were received and processed by ASCI has jumped nearly five-fold from 177 in 2011-2012 to 784 in 2012-2013.

     

    Commenting on this occasion ASCI’s Chairman, Arvind Sharma said, “ASCI through NAMS has done pathbreaking work in tracking down and removing ads which make misleading, false or unsubstantiated claims. And the EASA Best Practice Silver award is recognition by the global ad Self Regulatory Organisations (SRO) that ASCI not only follows global best practices but also helps in innovating new ones.  This recognition encourages us to further strengthen the professional and ethical standards in the ad industry to ensure responsible advertising and thereby protect the interests of the consumers.”

     

    The EASA awards were organized around EASA’s annual general meetings held in Milan which include technical meetings on self-regulation best practices and a workshop on social media.

     

  • NAMS has enhanced the reach of the consumer complaints council by tracking a larger number of misleading ads

    Highest ever complaints upheld by ASCI in Jan 2013

    By A Correspondent

     

    In January 2013, the Consumer Complaints Council (CCC) of ASCI upheld the highest ever number of complaints (99 out of 108 advertisements).

     

    ASCI’s National Advertising Monitoring Service (NAMS) initiative has helped in strengthening the self-regulation and redressal process manifold, with proactive monitoring helping in tracking a wider numbers of misleading ads month on month.

     

    CONSUMER DURABLES

    – Bajaj Electrical Ltd’s Bajaj Water Heater print advertisement made claims like “You no longer need to kill time waiting for hot water”, “This gives 50% more energy saving”, “Bring home India’s no.1 water heater today”. The advertiser has substantiated the claim of being “India’s No.1 water heater” in terms of sales. Complaint against this claim was NOT UPHELD. Whilst water can be heated quickly by water boilers, the same is not true for water heaters. The claim that, “You long need to kill time waiting for hot water”, was thus considered misleading. The advertisement contravened Chapter I.4 of the Code. The complaint was UPHELD.

     

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

     

    – Whirlpool of India Limited’s Whirlpool Neo 1 Chill claimed that “gives 40% faster cooling”.

     

    – Cata Appliances claims that it “provides 98% assured return”.

     

    – Powercone Systems Pvt Ltd’s Powercone Ups/Inverter claimed receiving the “Best brand award winner”.

     

    – Elica Pb India Pvt Ltd’s Elica Home Appliances claimed being “the World’s No.1 chimney company”.

     

    – SRK Enterprises’s Inphynyt Battery claimed being “India’s 1st Nonstop Warranty Battery”.

     

    – Ajoria Appliances P. Ltd’s Kutchina Vogue Auto Clean Chimney claimed that “it is India’s first Auto Clean Chimney”; “it absorbs more” and “does not make noise”.

     

    – Nataraj Electrical’s Legrand claimed being “the largest electronic kingdom”.

     

    – Shri Balaji Kitchen Concept’s Faber Range claimed being “India’s No.1 kitchen chimneys” and have “Baffle Triple Advantage”.

     

    – Nataraj Atta Chakki’s Natraj Aatamaker claims being “No.1 domestic flour mill brand”, being the “ISO 9001:2008 Company”, “the only Indian kitchen appliance which has revolutionized over a period of time”.

     

    All the above claims made in their print advertisements needed to be substantiated with the 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. These complaints were upheld.

     

    FOOD & BEVERAGES

    – Ruchi Soya Industries Ltd’s Nutrela Table Spread’s hoarding has the headline, “Zyaada Lagao, Bindaas Khao”. The advertisement also shows “a picture of a child eating Nutrela Spread”. This advertisement violates the ASCI Code’s Food & Beverage guidelines for advertisements directed to children. Ads should not show over-consumption, and in fact, should reflect moderation in consumption. The headline unambiguously promotes over-consumption with the use of the words “bindaas khao” and “zyaada lagao”, and over-consumption of any food is not healthy. The product may be cholesterol free but may not be 100% fat free and surely does not have zero calories. The CCC concluded that the headline, “Zyaada lagao, Bindaas Khao” does not reflect the need to show moderation in food consumption and thus violates Clause 4 of the guidelines on Advertising of Food & Beverages of the ASCI code. The complaint was upheld.

     

    – Radikal Overseas Pvt Limited’s Radikal Premium Basmati Rice claimed being “low in fat and healthy in carbohydrates because of which there is no need to exercise” in their TVC.

     

    – Gulab Oils & Foods Pvt Ltd’s Gulab Oil claimed that it is “No.1 in Gujarat” in their print advertisement.

     

    In the case of Radikal Overseas ad, the CCC concluded that the statement that “there is no need to exercise if one consumes the product” does not encourage appropriate physical activity and is in contravention of the Guidelines on Advertising of Food & Beverages. In the absence of comments from Gulab Oils and Foods, the CCC concluded that the claim “No.1 in Gujarat” was not substantiated. The complaints were upheld.

     

    MEDIA

    – Star India Limited’s Star Cricket TVC shows “a boy with cricket bat jumping over a creek and his face changing to Chestshwar Pujara’s”. The advertisement is trying to communicate that children who take risks turn into top cricketers. The element of risk is clearly visible when other children are shown astonished to see the feat of the boy jumping the creek. This scene clearly violates the ASCI Code. Also the shown jump seems morphed which accentuates the risk as normal child cannot jump such a broad creek.

     

    The CCC concluded that the boy jumping over small creek shows a dangerous practice and manifests a disregard for safety without justifiable reason. The TVC contravened Chapter III.3 of the ASCI Code. The complaint was upheld.

     

    – Bennett, Coleman & Company Limited’s ET Now has a print advertisement that shows a comparison of viewership of some English Business News Channels in a stated target audience group and market. The primary objection is that the source of the data is not mentioned. Assuming that the source is TAM, the market share numbers stated in the graph are incorrect. The visual has pictures of people who are Engineers, Doctors, Entrepreneurs & Corporates whereas the TG stated for the graph is males, 25-44, Sec A which would include these professionals, students and non-working individuals as well. The CCC concluded that the source of the data substantiating the claim was not mentioned in the advertisement and the manner in which the comparative data was presented was misleading as the base level was not mentioned. The advertisement was misleading and contravened Chapter I.4 of the Code. The complaint was upheld.

     

    REAL ESTATE

    The following ads were upheld by CCC for making the same claim:

    – Tata Housing Development Co Ltd La Montana’s, leaflet clearly mentions that it is strategically located near Pune in the lush green landscape of Talegaon.

     

    – Winsome Realty & Infrastructure Redefine Housing’s Orchid City print hoardings state similar claims like the project site in in Talegaon.

     

    – Mas Creations Natura’s print hoardings state similar claims like the project site in Talegaon.

     

    Factually and geographically, the project sites of all three come under Vadgaon city. By showing the project site in Talegaon instead of Vadgaon, they are trying to earn more money as the rate is very high in Talegaon from that of Vadgaon. The CCC concluded that as the sites were in Vadgaon and not Talegaon, mentioning the site name as Talegaon was misleading. The advertisement hoardings contravened Chapter 1.4 of the ASCI Code. The complaints were upheld.

     

    EDUCATION

    – Shri Chaitanya College Of Nursing & Paramedical Science “gives 100% Job Guarantee” “is recognized by Indian Nursing Council New Delhi, State Nursing Council Bhopal, MP Shashan Chikitsa Shiksha Vibhag, Paramedical Council Bhopal”. Since the ad did not specify the present year in which the guarantee of job placement can be given, the CCC concluded that the advertisement was misleading. The advertisement contravened Chapter I.4 of the Code. The complaint was upheld.

     

    – EMDI Institute Of Media & Communication claimed being the “Best Business Communication School of the Year 2011- 2012″& gives “Guaranteed Internships”.

     

    – Pinnacle Academy Of Fashion & Management claimed being “Himachal’s best fashion technology institute” and giving you “guarantee of better future and better job”.

     

    – CADD Engineer print advertisement claims that it “India’s No.1”, “Run under government recognized and registered Education Society”.

     

    – Buddha/ Bhabha Institute Of Technology claimed that it “provides 100 % assured placement in companies of National & International repute”.

     

    – Institute Of Hotel Management & Catering Technology print advertisement claimed saying that it “India’s 1st Private Hotel Management Institute”.

     

    – Patel Group Of Institutions states that it is awarded “Best for Best Faculty, Best Result and Excellent Placement”.

     

    – Sri Sai Institute Of Technology & Science “provides 100% placement” is a misleading claim stated in their print advertisement.

     

    – Taaleem College Of International Studies makes tall claims like being “India’s First and only College to have Adoption (Condition Offer) from first month of the enrollment of the course, leading to final placements by same companies” & also being “India’s First and Only college to have ONLY International Faculty and Collaborative Learning Space (CLS) along with Face-to-Face platform, providing flexibility in learning” in their print advertisement.

     

    – Teerthanker Mahaveer University’s print advertisement claims that it “has a Golden Record of 100% Placement”.

     

    – V Etri JVR-BIM Coaching Centre’s print advertisement claimed that “100s of our students are in government offices and banks”.

     

    – The George Telegraph Group’s George Telegraph Training Institute’s print advertisement claimed that it gives “100% Job Guarantee”.

     

    – The TVC’ of DRISHTI MULTIMEDIA & TECHNICAL EDUCATION claims that it “provides 100% Placement”.

     

    – Vivekananda Degree & PG College’s TVC says that it “Is ranked No.1″institute.

     

    – “Hindustan Marine Institute of Professional Studies”& “Prestige Institute of Management Dewas” both claim to be providing 100% placement assurance in their print advertisements.

     

    – eDrishyaa IT India Pvt Ltd’ SAP Gateway to a successful career claims “100% assured job (Min 4 lakhs per annum)”.

     

    – The Tourism School TVC “gives 100% guarantee of job”. These claims need to be substantiated with necessary support data, and proof of placements.

     

    – National Institute Of Interior & Fashion Technology makes a claim that NIIFT “provides 100% placement since its inception”.

     

    – Paradise Polytechnic College claims providing “100% Placement Guaranteed in MNCs for all class students of first and second year”.

     

    – CMS Computer Education claims being “India’s No. 1 Job oriented Career Program CCNS V.6”, giving “Scholarships upto 100%”, claims that M M College (Kasganj) “provides 100% job guarantee in writing on stamp paper” in their print advertisement.

     

    – IPSR Group Of Educational Institutions’s claims that IPSR Group of Educational Institutions has received “Best Institute Award 2012, Management Leadership Award 2012″and gives “100% Job guarantee from our campus”. These claims need to be substantiated with necessary support data, documentation, certification and past records.

     

    – Frankfinn Institute Of Air Hostess makes claims like “Partner with the World’s No. 1”, “High returns in 12-18 months”, “Low gestation period”, “ASSOCHAM, awarded Frankfinn as ‘The Best Training Institute’ in 2012 & 2011”, “All courses accredited by ICM, UK”, “Limca book of records certified Frankfinn for best cabin crew placements” and “Exclusive strategic training tie up with Jet Airways”.

     

    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 advertiser, 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 CARE

    – Gillette India Limited’s Gillette Guard and Oral B Tooth Brush T.V. commercials are complained about for making misleading claims. “Gillette Guard” TVC claims, “One blade works for one month” & “Oral B Tooth Brush” TVC claims “Has the support of over ten thousand Dentists across India”, “Over 1 crore Indians have taken the pledge of Oral B Smile India movement”. Advertiser needs to provide proof in substantiation of the claim. The CCC concluded that these claims were not adequately substantiated. The advertisements contravened Chapter I.1 of the Code. The complaints were upheld.

     

    – Hindustan Unilever Limited’s Axe Deodorant TVC shows “a father from another country comes to visit his son and girlfriend for a dinner party. As the gentleman excuses himself and goes to the bathroom, he finds his son’s Axe body spray and helps himself. Upon returning, his son’s girlfriend sings the catchy “bom chicka wah wah” jingle, dances suggestively and rips his clothes apart. The dad exclaims “I love this country.” The advertisement is very expletive, sexually suggestive and not suitable for a family audience. The advertisement being broadcast during a live sports broadcast is even more inappropriate. The CCC concluded that the visuals depicted in the advertisement were indecent, which is likely, in the light of generally prevailing standards of decency and propriety, to cause grave or widespread offence. The advertisement contravened Chapter II of the Code. The complaint was upheld.

     

    – Hindustan Unilever Limited’s Pepsodent Toothpaste claims that it “helps in the removal of 25% more germs” in their print advertisement. This claim needs to be substantiated with necessary support data, proof & efficacy, safety data and research data. By virtue of 25% more content being made available to the consumer; the consumer does not automatically get 25% more protection from germs. The CCC concluded that this claim is misleading. The advertisement contravened Chapter I.4 of the Code. The complaint was upheld.

     

    – Marico Limited’s Parachute Ayurvedic Hair Oil’s T.V. commercial claims that Parachute Ayurvedic Hair Oil “stops hair fall”. This claim needs to be substantiated with scientific evidence for efficacy and other necessary support data. The clinical study shows reduction in hair fall scores for all patients as 97% with the use of the product. The CCC concluded that the claim, “stops hair fall”, is not justified and is misleading. The advertisement contravened Chapter I.4 of the Code. The complaint was upheld.

     

    – Mosons Extractions Vayodha Hair Care Oil T.V. commercial claims that it “makes hair black from the roots”. This claim needs to be substantiated with necessary support data, research data along with proof of efficacy. The CCC concluded that the claim, “makes hair black from the roots” was not substantiated. The advertisement contravened Chapter I.1 of the Code. The complaint was upheld.

     

    – SBS Biotech Unit II - Kesh King Hair Care Range & Kesh King Oil print ad as per the complaint, the advertiser claims, “Crores of people have used Kesh King and found its result”, “Stops hair fall”, “No Cosmetic, artificial odor”, “Only pure oil, with herbs extracts”, “Crores of people have got relief from hair fall, hair breakage, dry and lifeless hair”, “Try for 3 weeks” and “Best oil for hair fall”. These claims need to be substantiated with necessary support data, proof & efficacy, safety data and test reports and research data. The CCC concluded that the claims mentioned in the advertisement and cited in the complaint were inadequately substantiated. Also, the advertisement was in breach of the law as it violated The Drugs & Magic Remedies Act. The advertisement contravened Chapters I.1 and III.4 of the Code. The complaint was upheld.

     

    – Keya Seth’s Ayurvedic Solution (Cosmetic Division) - Tetra Range’s T. V. commercial claims “penetrates deep into the skin to give 4 times more fairness”.

     

    – VLCC Personal Care Limited’s Revolutionary Duo Therapy print advertisement claims that it helps you, “Lose upto 5 cms and half a kg on every visit”, “Duo Therapy uses safe, scientific and latest technology for quick weight loss and figure correction. The therapy also helps in tightening, firming and smoothness of the skin”.

     

    – Panram Ayurved P. Limited Mukta Chamak’s print advertisement claims that it is the, “Only solution for white teeth”, “Removes stains on teeth caused due to pan, gutka and tobacco”, and “You can see the effect in 15 days”.

     

    – Olefia Biopharma Limited’s Olefia Range Product’s the print advertisement claims that Olefia Range Product “is registered by Govt of India”, “Snow White Soap – is helpful in curing spots on face or body, pimples, dark circles, wrinkles, blackness on elbow and knee, sun tan and stretch marks”.

     

    – Maheshwari Hair Clinic claims that it “Stops hair fall with 100% guarantee”, “Grow hair from its roots”, “Get the solution in just one meeting”

     

    – Hair Mantras advertisement claims that it “can stop your hair fall”.

     

    – Hair Roots claims that “provides complete Hair Spa First time in India”.

     

    – Rituraj Ayurvedic Gurh Udyog – Ruturaj Hair Oil / shampoo as per the complaint, the advertiser claims that Ruturaj Hair Oil/Shampoo provides “100% Result Guarantee”, “Stops hair fall in 3 days”, “If hair fall doesn’t stop in 3 days then return 25% used bottle”, “Stops dandruff and split ends”, “Hair grows by 2 inch in 35 days”, and “If your hair falls due to heat, it helps in growing new hair on bald head in 35 days”.

     

    – Janatha Trading Company’s Indulekha Bringha Oil print advertisement claims that “Bringha, the major medicinal ingredient in Indulekha, brings the follicles from dead stage to the growth phase and that way prevents hair loss”, “Studies prove that the ability of Bringha to enrich hair oils that are applied on hair, Indulekha is meant to be applied on scalp”, “The base oil in Indulekha is virgin coconut oil prepared with cold process technology. Hence it doesn’t lose any of its medicinal attributes and penetrates deep into the scalp resulting in abundant growth of fresh hair strands in proportion with the fallen hair”.

     

    – Youthful Secrets claims that it “gives 100% natural hair in just 30 minutes”.

     

    All these claims need 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.

     

    HEALTHCARE

    – The rehabilitation centres, Surya New Life Centre & Om Vyasanmukti Kendra have print advertisements that are making misleading claims. As per the complaint, the Surya New Life Centre “helps to cure you permanently from addiction in 3 days at home” & that Om Vyasanmukti Kendra “provides 100% Freedom from habit”. These claim needs to be substantiated with necessary support data, past records, research data. In the absence of comments from the advertisers, the CCC concluded that the claims mentioned in the advertisement and cited in the complaint, were not substantiated. The advertisements contravened Chapter I.1 of the Code. The complaints were upheld.

     

    – The print advertisements claims that Masolin Breast Care Oil & Tablets are “Comprising of valuable ancient India proven herbs”, “Develops and maintains breast shape, size & fitness”, “Brings skin fairness”, “Reduces stretch marks”, “Removes cracks in heals & nipples”, “After pregnancy figure maintenance”, “Before and after pregnancy herbal Masolin oil helps to maintain figure, reduces stretch marks & lower abdominal pain & helps for better lactation after pregnancy”, “No side effects”. These claims need to be substantiated with necessary support data, proof & efficacy, safety data and research data. The CCC concluded that the claims mentioned in the advertisement and cited in the complaint were inadequately substantiated. Also, the advertisement was in breach of the law as it violated The Drugs & Magic Remedies Act. The advertisement contravened Chapters I.1 and III.4 of the Code. The complaint was upheld.

     

    – D – Protin from British Biologicals claims that it is “A unique formulation that provides the ideal balance of nutrition and taste. It also helps in controlling the complications of diabetes in the long run. So even though certain foods are still restricted the weakness and fatigue that accompanies this loss of nutrition is totally absent” in their print advertisement. Diet Mantra claims to be “India’s largest chain of diet & wellness clinics” in their print advertisement. Advertiser should provide clinical evidence in substantiation of these claims. 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. The complaints were upheld.

     

    – Medikom Healthcare As per the complaint, the print advertisement claims the following for “Medikom Healthcare – Medikom Products” – “Weakness, Premature Ejaculation etc”, “No.1 course”, “100% guarantee of benefit”, “Increase length and girth by 1-2 inches”. These claims need to be substantiated with necessary support data, proof & efficacy, safety data and research data. The CCC concluded that the claims mentioned in the advertisement and cited in the complaint were inadequately substantiated. Also, the advertisement was in Breach of the law as it contravened The Drugs & Magic Remedies Act. The advertisement contravened Chapters I.1 and III.4 of the Code. The complaint was UPHELD.

     

    – Dr. C.P. Gupta Clinic’s print advertisement on Gupt Rog claims that Dr. C P Gupta Clinic “gives 100% successful treatment of impotency, early falling, night fall, shorter length and nil sperm”. This claim needs to be substantiated with necessary support data, proof & efficacy, safety data, past records etc. In the absence of comments from theAdvertiser, the CCC concluded that the claim mentioned in the advertisement and cited in the complaint was not substantiated. Also, the advertisement was in breach of the law as it violated The Drugs & Magic Remedies Act. The advertisement contravened Chapters I.1 and III.4 of the Code. The complaint was upheld.

     

    – Masolin Herbal Pvt Ltd’s print advertisement on Hitight Oil & Capsules claims that it is “Made with priyangu and alfusi and berala herbs and provides power, stamina without any side effects”, “It makes sex organs and muscles strong”. These claims need to be substantiated with necessary support data. The CCC concluded that the claims mentioned in the advertisement and cited in the complaint were inadequately substantiated. Also, the advertisement was in Breach of the law as it violated The Drugs & Magic Remedies Act. The advertisement contravened Chapters I.1 and III.4 of the Code. The complaint was upheld.

     

    – Shree Dhanwantri Herbal’s print advertisement on Overdrive Capsules & Oil claims that it “Is equipped with the World’s only Successful Formula”, “Contains Kaam Chudamani Ras, Siddh Makardhwaj, Virsatmann vaati and Basantkusumakar Ras with Gold”. These claims need to be substantiated with necessary support data, certification of claim of World’s only successful formula. 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

    – Rupa & Company Ltd’s TVC on Rupa Thermocot shows “girls with different clothes and uses word ‘Swaha’ and shows a man wearing Rupa Thermocot warm innerwear”. There is use of Hindu Sanskrit Chants mnemonic in the background of this advertisement where the enhancement of the male model’s sex appeal by wearing the advertised product is linked with chanting of Sanskrit mantras in background. The CCC concluded that the visuals along with the religious background music were likely to hurt religious sentiments. The advertisement contravened Chapter III.1 (b) of the Code. The complaint was upheld.

     

    – Shivam Honda’s print advertisement on Honda Two Wheeler claims that Shivam Honda Two Wheeler “is the No.1 Honda dealer of Eastern India in customer satisfaction”.

     

    – National Power Links print advertisement claims that National Power Links is “No.1 since 1992”.

     

    – Kundan Marketing Agency’s print advertisement on Microtek Ups claims that “it is more than 6 times better”.

     

    – P C Jeweller’s TVC shows “a mother talking about a dream groom for her baby daughter and then the father is worried how they will fetch a good groom for their daughter as rates of the gold are increasing day by day. The mother promotes PC Jeweler’s then by saying they have some installment system” The complaint is that the father’s concern about their daughter marriage difficulties due to gold rates means marriage is not possible without gold. This promotes dowry. It implies No Gold No Marriage.

     

    – A.S. Smokefree Electronic Cigarette Pvt Ltd’s print advertisement claims that it is “The Healthier Alternative to Cigarettes”, “Electronic Cigarette- Does not contain Tobacco, Tar or Smoke”, “As per international studies electronic cigarette helps in quitting tobacco cigarette”.

     

    – Seed Infotech Ltd’s print advertisement on Software Testing claims that you can “Get placed in 100 days or else 110% Fees Refund!”, “On Job Training cum Job Guarantee Program in Software Testing”. These claims need to be substantiated with necessary support data, documentation and past records.

     

    – National Council For Empowering India’s print advertisement claims, “100% Secured Job”, “India’s largest bank exam training provider for IBPS/ SBI/ RRB”. These claims need to be substantiated with necessary data, documentation and past records along with support data for the largest bank exam training provider.

     

    – Sree Gokulam Plantations print advertisement on Sree Gokulam Love Tea claims, “First time in Indian Market, Tea is packed in Ecofriendly, Composite cans”. This claim needs to be substantiated with necessary support data and research data to prove that it is for the first time in Indian market that tea is packed in eco-friendly cans.

     

    These claims need to be substantiated with necessary support data, past records, market research data etc. 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. The complaints against the ads were upheld.

     

  • Health care, personal care and consumer durable ads are under the ASCI's scanner

    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.

     

  • CCC upheld complaints against 16 out of 23 advertisements in October 2012

    ASCI’S NAMS doubles number of misleading ads monitored within 6 months

    By A Correspondent

     

    Since its inception in May 2012, ASCI’s National Advertising Monitoring Service (NAMS) has doubled the number of misleading ads that have been registered with the Consumer Complaints Council (CCC) in the first six months of the year. In relative terms, the number of ads against which complaints have been upheld has jumped significantly from 177 over the full year last year to 205 within a short span of six months for the period in the current year (May to October 2012). NAMS has been instrumental in rigorously tracking most of the advertisements being released across print and television.

     

    Commenting on this, ASCI Chairman Arvind Sharma said, “This is a commendable milestone for the the National Advertising Monitoring Service initiative introduced by ASCI, as we have been successful in doubling the number of misleading ads tracked within a very short period. NAMS is equipped to closely scrutinize a wide range of ads, thus preventing the exposure of misleading communication. We are confident that the NAMS initiative will go a long way in not just helping the ad self-regulation redressal process manifold, but also in safeguarding the interests of Indian consumers.”

     

    During October 2012, the CCC upheld complaints against 16 out of 23 advertisements. There has been a notable rise in the education sector ad complaints being upheld. During the same period companies in the healthcare, personal care and insurance space were also seen to be releasing ads that make misleading claims.

     

     

    Sector

    		 Advertiser Advertisement Complaint CCC
    Food & Beverage GLAXOSMITHKLINE CONSUMER HEALTHCARE LTD Horlicks  As per the complaint, the print advertisement claims, “1 Health Drink, 5 Proven Benefits”, “Clinically proven” with a super “claims based on a study by NIN Hyderabad comparing micronutrients enriched beverage vs non-fortified placebo”. These claims are misleading and unsubstantiated as it does not disclose the year in which the said study was conducted and fails to disclose whether the product tested as part of the study was Horlicks. The advertisement states that, “In an extensive 14-month clinical research involving 869 kids, half the kids were given Horlicks with milk and the other half kids were given an ordinary health drink. As a result of this study, Horlicks kids were found to have more bone area, more muscles, better concentration, more active nutrients and healthier blood. Making Horlicks India’s only health drink shown to improve 5 signs of growth in children”. “Making Horlicks India’s only health drink & shown to improve 5 signs of growth in children”, is false and misleading.  The advertiser has failed to disclose the source of any well researched / accepted literature or reputed institute that suggests or recognizes these signs as “signs of growth”. The advertisement does not disclose the manner in which Horlicks provides comprehensive nutrition as has been claimed in the advertisement. The recommendation of Horlicks in every glass of milk is in contradiction with its own recommendation on the pack of Horlicks. Whereas the Horlicks pack, which also makes the same claim of 5 signs of growth, recommends Horlicks to be taken either in milk or water, both the print and the electronic advertisement recommend that Horlicks be taken with milk. The CCC noted that 5 out of the 7 claims did not follow the guidelines prescribed by ASCI. The complaint was UPHELD.
    Personal Care CADILA HEALTHCARE LIMITED (*) Everyuth Natural Fairness Face Wash As per the complaint, the advertiser claims that Everyuth Natural Fairness Face Wash “is the only one to have active mini capsules that clear the skin and make it look fair”. Advertiser needs to provide scientific proof and comparative data in substantiation of the claim. The data submitted by the advertiser is not a technology unique to them. The CCC concluded that the scientific data provided did not adequately support the claim that Everyuth Natural Fairness Face Wash “is the ONLY one to have active mini capsules that clear the skin and make it look fair”. The advertisement contravened Chapter I.1 of the Code. The complaint was UPHELD.
    HINDUSTAN UNILEVER LTD (*) Pepsodent Expert Protection Toothpaste As per the complaint about the print advertisement, the complainant got the impression that she does not need to use dental floss or mouth wash as Pepsodent Expert Protection Toothpaste claims to provide the same equivalent benefits. On minutely going through this print advertisement, it shows a postscript at the end of the same which cannot be read at all.  The CCC noted that the super in the press advertisement did not meet the Guidelines on Supers Size prescribed by ASCI. The complaint was UPHELD. The CCC noted the advertiser’s assurance that they have stopped the advertisement.
    Healthcare VLCC PERSONAL CARE LTD VLCC Health Care Shape Up As per the complaint, the advertiser claims that VLCC Health Care Shape Up “tones waist in just 3 weeks”. This claim needs to be substantiated with statistical and other necessary data. In the absence of a control group, the clinical data submitted by the advertiser did not adequately substantiate the claim that ‘VLCC Shape Up “tones waist in just 3 weeks”. The advertisement contravened Chapter I.1 of the Code. The complaint was UPHELD. 
    VLCC PERSONAL CARE LIMITED VLCC Shape Up Waist and Tummy Trim Gel As per the complaint, the advertisement claims that, “It complements your regular exercises like walking, dieting, stretching etc. by melting that stubborn fat around the waist & tummy area”, “Natural, safe and easy to use; this gel will help you discover a slimmer you in just 3-6 weeks”. The advertiser should provide supporting technical data, details of tests/trials conducted, with comparative data in substantiation of these claims. The CCC concluded that although the product is positioned as a complementary treatment, the advertisement was considered misleading because it implies that the usage of the product melts fat in specific areas. This has not been adequately substantiated through clinical trials. The advertisement contravened Chapters I.1 and I.4 of the Code. The complaint was UPHELD. 
    Education IVYGMAT GMAT Prep Course As per the complaint, the advertisement claims, “356 students scored in the range of 760-790 marks in the last one year”, “Train with the perfect 800 score trainer with minimum official GMAT Score”, “the only trainer in India with a verbal score of 99th percentile”. These claims appear to be false. The advertiser should substantiate these claims with supporting data.  The CCC concluded that the claims made in the advertisement and cited in the complaint were inadequately substantiated. The advertisement contravened Chapter I.1 of the Code. The complaint was UPHELD. 
    INSTITUTE OF FINANCE & ACCOUNTS 100% Job Guarantee As per the complaint, the advertiser claims that the Institute of Finance & Accounts “gives 100% Job Guarantee”. This claim needs to be substantiated with statistical and other necessary data. The CCC concluded that the claim that IFA “gives 100% job guarantee” was not adequately substantiated. The advertisement contravened Chapter I.1 of the Code. The complaint was UPHELD. 
    VPM CLASSES As per the complaint, the advertiser claims that the “VPM Classes”, is India’s no.1 coaching institute for higher education, having 800+ selections in MSc/ PhD/ MTech exams”. It also claims to have “India’s best performance in NET/IIT JAM”. These claims need to be substantiated with statistical and other necessary data. The CCC concluded that in the absence of comparative data of other institutes, the claims that VPM Classes “is India’s No.1 coaching institute for higher education”, and that it has “India’s best performance in NET / IIT JAM”, were not substantiated. The advertisement contravened Chapter I.1 of the Code. The complaint was UPHELD. 
    NIBM PO MAKER INSTITUTE As per the complaint, the advertiser claims that the “NIBM PO Maker Institute” has an important role in providing placements to more than 1,000 students during the last ten years and also claims to have been honoured as No. 1 in Jharkhand. These claims need to be substantiated with statistical and other necessary data. The CCC concluded that, in the absence of adequate relevant data, the claim that “NIBM has provided placement to more than 1000 students since the last 10 years”, was not substantiated. The advertisement contravened Chapter I.1 of the Code. The complaint was UPHELD. 
    SKY ACADEMY As per the complaint, the advertiser claims that Sky Academy is “India’s No.1 Air Hostess/Flight Stewards Training Institute & offers 100% job placement”. These claims need to be substantiated with statistical and other necessary data.  The CCC concluded that the claims mentioned in the advertisement and cited in the complaint, were not adequately substantiated. The advertisement contravened Chapter I.1 of the Code. The complaint was UPHELD.
    ELECTRONIC TECHNOLOGY & TELECOMMUNICATION As per the complaint, the TVC claims that”ET & T ET & T-VC training provided in the institute helps earn 30k-40k per month”. This claim needs to be substantiated with necessary statistical data.  The CCC concluded that in view of inadequate proof the claim, “ET & T ET & T-VC training provided in the institute helps earn 30k-40k per month”, was not substantiated. The advertisement contravened Chapter I.1 of the Code. The complaint was UPHELD. 
    Media DAINIK BHASKAR GROUP (*) Fast-tracking your way to success As per the complaint, the brochure claims Dainik Divya Marathi “to be No.1 in terms of circulation and readership”. The advertiser has provided `In-house MIS’ and `IMRB’ as the source of their claim. The figures are neither supported by the Audit Bureau of Circulation nor by the IRS. Also, they have provided incorrect advertising market share figures for various categories without mentioning any source. Thus the figures are intentionally misleading.  The CCC noted the contents of the brochure and concluded that the claim that Dainik Divya Marathi “is the No. 1 in terms of circulation and readership”, was not substantiated by ABC or IRS data. The advertisement – brochure contravened Chapter I.1 of the Code. The complaint was UPHELD. The CCC noted the advertiser’s response that the said brochure has already been withdrawn.
    DAINIK BHASKAR GROUP (*) How Divya Marathi opened the new market As per the complaint, the brochure claims Divya Marathi “to be No.1 in terms of circulation copies”. Neither has the advertiser given any reference to any source and nor are the figures supported by `Audit Bureau of Circulation’. Thus the figures are intentionally misleading, and create confusion amongst agencies and advertisers. The CCC noted the contents of the brochure and concluded that the claim that Dainik Divya Marathi “is the No. 1 in terms of circulation copies”, was not substantiated by the ABC. The advertisement – brochure contravened Chapter I.1 of the Code. The complaint was UPHELD. The CCC noted the advertiser’s advice that the said Brochure has already been withdrawn. 
    Insurance MAX LIFE INSURANCE (*) Shiksha Plus II child plans As per the complaint, the advertiser claims that Max Life has “lowest child insurance plan in insurance history”. This claim needs to be substantiated with statistical and other necessary data. The CCC concluded that in view of the absence of comparative data, the claim that Max Life has “lowest child insurance plan in insurance history”, was not substantiated. The advertisement contravened Chapter I.1 of the Code. The complaint was UPHELD. The CCC noted the advertiser’s advice that the said advertisement was not authorized by them. 
    Others ALDA CHIMNEY As per the complaint, the advertiser claims that “Alda Gallery – Best Marketing (Pondicherry)”, has the best kitchen chimney in India”. This claims needs to be substantiated with scientific evidence and appropriate market research data. The CCC concluded that, in the absence of comparative data, the claim that “Alda Chimney is the best kitchen chimney in India”, was not substantiated. The advertisement contravened Chapter I.1 of the Code. The complaint was UPHELD. The CCC noted the advertiser’s advice that the said advertisement was released by one of their dealers, and the same advertisement will not appear again. 
    SAHARA INDIA TV NETWORK (*) Sahara Q Shops As per the complaint, the TVC shows – 1) “a family enjoying their breakfast and suddenly Sachin Tendulkar starts performing the last rites of entire family while carrying a mud pot of water on his left shoulder”. 2) “A mother is giving a body massage to a new born child, and she gets major shock when Virendra Sehwag replaces the cradle of the baby with a hospital bed containing intravenous fluid bottle”.3) “A gentleman posed as some medical practitioner suggests the purchasing grocery or some other products can cause Paralysis, Brain Damage, Cancer, Glaucoma, Kidney Failure, without citing a source, statistics data or research to justify his claims”. This TVC is using fear and scare tactics to sell such products which are already adulteration-free. The TVC shows portrait of young and healthy children in a disturbing manner. 

    The CCC concluded that the claims made in the advertisement and cited in the complaint, were inadequately substantiated, and the advertisement was misleading. The advertisement contravened Chapters I.1 and I.4 of the Code. The complaint was UPHELD. The CCC noted the advertiser’s advice that the said TVC was discontinued in August 2012.

     

     

  • August saw a significant increase in complaints against ads because of the pickup by the National Advertising Monitoring Service (NAMS)

    Pro-active monitoring sees more complaints being registered with ASCI

    By A Correspondent

     

    During the month of August 2012, the Consumer Complaints Council (CCC) of the Advertising Standards Council of India (ASCI) upheld complaints made against 23 advertisements out of 30 from various sectors like Education, Healthcare and FMCG with media houses. During the same period it did not uphold complaints against 7 such advertisements. The sharp increase in complaints is largely due to the National Advertising Monitoring Service (NAMS) which sand picks up a large number of misleading advertisements across sectors.

     

    HINDUSTAN UNILEVER LTD (*) – Rin detergent powder: As per the complaint, the TVC claimed that “only Rin has yellow fighters that brighten dull yellow clothes”. The advertiser needs to provide scientific proof in substantiation of these claims. The CCC considered the technical data provided by the Advertiser. The CCC concluded that the use of patent used by the Advertiser did not mean that the same benefit of brightening dull yellow clothes could not be claimed by using any other technology. The claim that “Only Rin brightens dull yellow clothes” is false and misleading as it is not the only detergent to do so. The advertisement contravened Chapters I.1 and I.4 of the Code. The complaint was UPHELD.

     

    HINDUSTAN UNILEVER LTD (*) – Pepsodent Germicheck Magnet: As per the complainant, the Pepsodent Germicheck pack that he brought which was 200g for Rs. 64/- had an offer of Pepsodent G 40g free. The free 40g toothpaste is not Pepsodent G, which is better quality toothpaste, but the free 40g toothpaste is also Pepsodent Germicheck. This is a promotion gimmick. This offer is false and grossly misleading the consumers. The CCC concluded that whilst an offer of Pepsodent G 40 gms free was made, what was given along with the pack was Pepsodent Germicheck. The promotion message on the pack was misleading and contravened Chapter I.4 of the Code. The complaint was UPHELD.

     

    HT MEDIA LTD (*) – Hindustan ki Lehar: As per the complaint, the advertiser claimed that Hindustan ki Lehar “has a circulation of 12 Lakh copies”. The truth is that, as per the ABC (Audit Bureau of Circulations) Jul-Dec 2011, their circulation figures were 6.9 Lakh copies across 9 editions while the other 3 editions were not reported by the ABC. The CCC concluded that the claim, “Hindustan has a circulation of 12 Lakh copies”, was not substantiated by an independent research organization. The advertisement contravened Chapter I.1 of the Code. The complaint was UPHELD.

     

    DIVYA BHASKAR GROUP – Divya Marathi: As per the complaint, the promotional material of the advertiser claimed that Divya Marathi has 5 editions (in Aurangabad, Nashik, Jalgaon, Ahmednagar, and Solapur) which are the “No.1 dailies by circulation”. This claim has no reference to source; the figures given are completely different from the circulation figures given by the ABC (Audit Bureau of Circulations) and are misleading. Apart from that, they also quoted baseless and incorrect circulation figures for Lokmat publication. The CCC concluded that the claim of Divya Marathi being “the No. 1 daily” was not substantiated by an independent research organization. The publicity material contravened Chapter I.1 of the Code. The complaint was UPHELD.

     

    DIVYA BHASKAR GROUP – Twice the readership in Bhatinda: As per the complaint, Dainik Bhaskar has claimed that “their readership is twice that of competition in Bhatinda city”. However, the truth is that – a) the only existing currency to measure readership in India is the IRS. b) The IRS does not report figures for Bhatinda separately. c) There is no basis on which this claim can be made in Bhatinda. The advertisement is false and is likely to mislead the public. The CCC concluded that the claim that, “Dainik Bhaskar’s readership is twice the readership of the competition in Bhatinda city”, was not substantiated by an independent research organization. The advertisement contravened Chapter.I.1 of the Code. The complaint was UPHELD.

     

    DIVYA BHASKAR GROUP – Ahead in readership in Patiala: As per the complaint, Dainik Bhaskar has claimed that “their readership is 20% more than that of the competition in Patiala city”. However, the truth is that – a) the only existing currency to measure readership in India is the IRS. b) The IRS does not report figures for Patiala separately. c) There is no basis on which this claim can be made in Patiala. The advertisement is false and is likely to mislead the public. The CCC concluded that the claim that, “Dainik Bhaskar’s readership is 20% more than that of the competition in Patiala city”, was not substantiated by an independent research organization. The advertisement contravened Chapter I.1 of the Code. The complaint was UPHELD.

     

    CAVINKARE PVT LTD – Fairever Fairness Cream: As per the complaint, the advertiser claimed that Fairever Fairness has a natural fairness system with saffron, milk and wheat germ oil that prevents skin from darkening and gives clear smooth skin. The advertiser needs to give scientific proof in substantiation of these claims. In the absence of scientific proof, the CCC concluded that the claim, “the cream prevents the skin from darkening”, was not substantiated. The advertisement contravened Chapter I.1of the Code. The complaint was UPHELD.

     

    ULTRATECH INDIA LTD: 18 Again – Vaginal Tightening and Rejuvenation Cream – As per the complaint, ”18 Again” claims vaginal tightening and rejuvenation of the vagina and it says “Feels like a virgin”. The TVC also shows an old lady ordering the product. The entire TVC represents vulgarity, in light of the generally prevailing standards of decency and propriety, which would cause widespread offence particularly among women. The advertisement contravened Chapter II of the Code. The complaint was UPHELD.

     

    EMDI INSTITUTE OF MEDIA & COMMUNICATION – The print ad claimed that EMDI is “India’s Largest Media Institute”. The advertiser failed to provide comparative data of other leading brands and other necessary data as proof. The CCC concluded that the claim that EMDI is “India’s Largest Media Institute” was not substantiated. The advertisement contravened Chapter I.1 of the Code. The complaint was UPHELD.

     

    TVC SKY SHOP LTD – Dr. Slim Tea – The print advertisement claimed that Slim Tea being an herbal tea can help lose weight effectively. It can improve your immune system”, “Shed kilos of extra fat, weight and inches”. Herbal Tea or any other type of tea cannot deliver weight reduction. The CCC concluded that the claims made in the advertisement and cited in the complaint were not substantiated with clinical trials. The advertisement contravened Chapter I.1 of the Code. The complaint was UPHELD.

     

    TVC SKYSHOP LTD – Full Gliding LG Touch Screen: As per the complaint, the Complainant ordered an LG mobile phone from TVC Skyshop Ltd. in May 2012 for a special offer price of Rs.5890/- plus Rs.250/- for delivery charges. The phone was delivered two weeks later but the phone supplied was not an LG phone but some other brand. The touch screen was not working properly and the QWERTY key pad numbers were not functional. The pouch supplied did not fit the phone. The CCC concluded that the mention of the LG logo contravened Chapter IV.2 of the Code – “Advertisements should not make unjustifiable use of the name or initials of any other firm, company or institution, nor take unfair advantage of the goodwill attached to the trademark, or symbol of another firm”. The complaint was UPHELD.

     

    LIDA BIOTECH PVT LTD – Lida Slimming Pills: The print advertisement conveys that one pill a day, with no need of exercise and diet can help lose 8-15 kg and 30 inches all over the body without any side effects. 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 Code. The complaint was UPHELD.

     

    NIFE INSTITUTE OF ENGINEERING – As per the complaint, the advertiser claims that NIFE (Institute of Fire Engineering) have provided jobs for 3000 to 4000 students per year. This claim needs to be supported with necessary data. . The CCC concluded that the claim mentioned in the advertisement was substantiated to the extent of around 3000 students employed whereas the range of students mentioned was a wide range of 3000 to 4000 students per year, which is misleading. The advertisement contravened Chapter I.4 of the Code. The complaint was UPHELD.

     

    GLOBAL HEART FOUNDATION – As per the complaint, the advertiser claims treatment within 35 hours without Angiography, Bypass or stent Angioplasty. Enhanced External counter pulsation therapy (EECP) and Natural Bypass is done without operation, and diagnosis. The CCC concluded that the claims mentioned in the advertisement and cited in the complaint were not substantiated adequately. The advertisement contravened Chapter I.1 of the Code. The complaint was UPHELD.

     

    SIGMA INSTITUTE OF MANAGEMENT & TECHNOLOGY – Diploma in Hotel Management: As per the complaint, the advertiser claims that Sigma Institute of Management & Technology gives 100% Job Placement in 5 Star Hotels or 200% Money Back Guarantee. The CCC concluded that the claim of “100% Job Placement in 5 Star Hotels or 200% Money Back Guarantee” was not substantiated. The advertisement contravened Chapter I.1 of the Code. The complaint was UPHELD.

     

    BRAD ENTERPRISES – Brad Eye Glass Remover: As per the complaint, the advertisement claims, “Remove eyeglass with 100% Ayurvedic eye drops”, “Helps reduce eyeglass 0.5 per month”, “Helps remove cataract without operation”, “Helps diabetes patients, darkness”, “No side effect”. The Website claims “Cure various eye problems with 100% Ayurvedic eye drops by reducing eyeglass number” and “Improve eye vision”. The advertisement misleads eye patients into not using eyeglasses and to rely on the eye drops. The advertisement also misleads diabetics into rely on this product. The print advertisement claims and the website claims need to be substantiated with data from independent research. 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 Code. The complaint was UPHELD.

     

    SISTEMA SHYAM TELESERVICES LTD – MTS Mblaze: As per the complaint, the advertiser claims to be India’s Fastest Internet service provider. The advertiser needs to substantiate the claim with comparative data in relation to other leading brands as proof of being the fastest internet service provider in India. The CCC concluded that in the absence of comparative data, the claim “India’s Fastest Internet service provider” was not substantiated. The advertisement contravened Chapter I.1 of the Code. The complaint was UPHELD.

     

    TELEBRANDS INDIA – Chimaxx Daily Walke: As per the complaint, the advertisement claims that with Chimaxx Daily Walker one can “lose weight lying down without exercise, diet, jog or taking pills”, “Fights Diabetes, Blood Pressure and helps lose weight”. The CCC concluded that in the absence of scientific proof the claim that, “with Chimaxx Daily Walker, one can lose weight lying down without exercise and that it fights diabetes & blood pressure” was not substantiated. The advertisement contravened Chapter I.1 of the Code. The complaint was UPHELD.

     

    NIRMEETI HEALTH CARE PVT LTD – Obecu Capsule: As per the complaint, the advertisement claims that Obecu capsule helps “Tummy Tuck and reduce weight”, “No dieting, No exercise, No side effect”. 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 Code. The complaint was UPHELD.

     

    M S RAMAIAH INSTITUTE OF TECHNOLOGY – 100% Placement in 2011-12: As per the complaint, the claim, “100% Placement in 2011-12”, seems exaggerated. The advertiser should prove this by providing details of employment of every student who passed out from MSRIT in 2012. The CCC concluded that the claims made in the advertisement and cited in the complaint were not substantiated. The advertisement contravened Chapter 4 (e) of ASCI Guidelines for Advertising of Educational Institutions & Programs and Chapter I.1 of the ASCI Code. The complaint was UPHELD.

     

    ESCORTS LIMITED – Farmtrac 40 Tractor: As per the complaint, there is a wrong interpretation of the concerned product feature. The advertisement compares wheel base of the 2 tractors, and claims that Farmtrac 40’s slightly longer wheel base provides better stability in haulage work. The CCC concluded that the comparison of the two tractors on only a few factors is likely to mislead consumers that the Advertiser’s product is better than the complainant’s. The advertisement was misleading by omission and contravened Chapter I.4 of the Code. The complaint was UPHELD.

     

    BHOPAL SAHAKARI DUGDH SANGH MARYADIT – Sanchi Namkin & Sada Matta: The print ad claims that Sanchi Namkin and Sada Matta “improves immunity power”, “decreases heat”, “improves digestive System”, “provides minerals”, “helps to reduce weight”, “prevents you from bacteria of cancer”. The CCC concluded that the claims made in the advertisement and cited in the complaint were not substantiated with clinical proof. The advertisement contravened Chapter I.1 of the Code. The complaint was UPHELD.

     

    MANGALAYATAN UNIVERSITY: The advertisement claims that Mangalayatan University is “The Best Emerging University in India”, ” Over 85 of India’s leading companies have already made over 450 offers to MU students”, ” Highest offer of rupees 5, 68000/- and overall placements of 85% & MBA 96%.” The Advertiser should provide statistical and comparative proof to substantiate the claims. 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 Code. The complaint was UPHELD.

     

    During the month of August, the CCC also received complaints against 7 print advertisements. The complaints were received against the advertisements of “Whirlpool Cooking Appliances”, “Massey Ferguson Tractors”, “Hemor Rite”, “Metro Group of Hospitals”, “Graphic Era University”, Best Brown Rice, Mohak Hi-tech Speciality Hospital. However, as these advertisements did not contravene ASCI’s codes or guidelines, the complaints were NOT UPHELD.