ASCI pulls up 23 misleading ads in August

Newspapers, educational institutes, healthcare and FMCG brands come under scanner. There was significant increase in complaints against ads because of the pick-up by NAMS

BestMediaInfo Bureau | Mumbai | November 14, 2012

In 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. During the same period it did not uphold complaints against seven ads. The sharp increase in complaints is largely due to NAMS (National Advertising Monitoring Service) which continues to monitor and pick up a large number of misleading ads across sectors.

Complaints upheld

Hindustan Unilever - Rin detergent powder: 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.

Hindustan Unilever – 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.

HT Media – 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.

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.

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.

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.

Cavinkare - 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.

Ultratech India – '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.

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.

TVC Sky Shop – Dr Slim Tea: The print ad claimed that Slim Tea being an herbal tea can help lose weight effectively. It can “improve your immune system” and “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.

TVC Skyshop – Full Gliding LG Touch Screen: 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 touchscreen was not working properly and the QWERTY key pad numbers were not functional.  The pouch supplied did not fit the phone. 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”.

Lida Biotech – 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. 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.

NIFE Institute of Engineering: As per the complaint, the advertiser claims that NIFE (Institute of Fire Engineering) has provided jobs for 3,000 to 4,000 students per year. This claim needs to be supported with necessary data. CCC concluded that the claim mentioned in the advertisement was substantiated to the extent of around 3,000 students employed whereas the range of students mentioned was a wide range of 3,000 to 4,000 students per year, which is misleading. The advertisement contravened Chapter I.4 of the Code.

Global Heart Foundation: 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. 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.

Sigma Institute of Management & Technology – Diploma in Hotel Management: The advertiser claims that Sigma Institute of Management & Technology gives 100% Job Placement in 5-star hotels or 200% Money Back Guarantee. 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. 

Brad Enterprises – Brad Eye Glass Remover: The ad 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 ad also misleads diabetics to rely on this product. The print ad and the website claims need to be substantiated with data from independent research. CCC concluded that the claims made in the ad and cited in the complaint were not substantiated. The advertisement contravened Chapter I.1 of the Code.

Sistema Shyam Teleservices – 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. 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.

Telebrands India – Chimaxx Daily Walker: The ad 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”. 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 ad contravened Chapter I.1 of the Code.

Nirmeethi Health Care Pvt Ltd – Obecu Capsule: The ad claims that Obecu capsule helps “Tummy Tuck and reduce weight”, “No dieting, No exercise, No side effect”. CCC concluded that the claims made in the advertisement and cited in the complaint were not substantiated, and contravened Chapter I.1 of the Code.

MS Ramaiah Institute of Technology – 100% Placement in 2011-12: 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. CCC concluded that the claims made in the advertisement and cited in the complaint were not substantiated, and contravened Chapter 4 (e) of ASCI Guidelines for Advertising of Educational Institutions & Programs and Chapter I.1 of the ASCI Code.

Escorts Ltd – Farmtrac 40 Tractor: There is a wrong interpretation of the concerned product feature. The ad compares the wheelbase of two tractors, and claims that Farmtrac 40's slightly longer wheelbase provides better stability in haulage work. 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 ad was misleading by omission and contravened Chapter I.4 of the Code.

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”. CCC concluded that the claims made in the advertisement and cited in the complaint were not substantiated with clinical proof. The ad contravened Chapter I.1 of the Code.

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 Rs 568,000 and overall placements of 85% & MBA 96%.” The advertiser should provide statistical and comparative proof to substantiate the claims. CCC concluded that the claims made in the ad and cited in the complaint were not substantiated. The ad contravened Chapter I.1 of the Code.

Not upheld

During the CCC received complaints against seven print advertisements. The complaints were received against the ads of Whirlpool Cooking Appliances, Massey Ferguson Tractors, Hemor Rite, Metro Group of Hospitals, Graphic Era University, Best Brown Rice, Mohak Hi-tech Speciality Hospital. These advertisements did not contravene ASCI's codes or guidelines.

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