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ASCI’S CCC upholds complaints against 11 ads in November 2012

Health care, personal care and consumer durable ads under scanner

BestMediaInfo Bureau | Delhi | February 6, 2013

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

The advertisement of Signal Cavity Fighter toothpaste was not directed at consumers in India, and hence the complaint against this adwas outside the purview of ASCI.

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   HimaniSonaChandiChyawanprash As per the complaint, the claims “Take HimaniSonaChandiChyawanprash 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 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 “Duniyakasabseshudhpani”.Kent Water Purifier’s last campaign was based on the key proposition that Kent provides “DuniyaKaSabseShudhPani”.  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 “Duniyakasabseshudhpani” 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 Heater is “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 bhiSirf ½ unit bijlilageTo Off KyunKare?”  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, “DainikBhaskar 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 DainikBhaskar has stated the name of any agency on which such comparison was made. As evident from the website of DAVP, the circulation data of DainikBhaskar (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 DainikBhaskar 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 DainikBhaskar “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”. Theclaim 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.  

 

Not Upheld

During November 2012, the CCC also received complaints against 7 advertisements of Emami Ltd’s ‘Himani Fast Relief’, Ranbaxy Laboratories’ ‘Revital Capsules’, Cure Spect’s ‘Eye Care’, L’Oreal India’s ‘Inoa Hair Colour’, Parle Products’s ‘Parle Londonderry’, Micromax Informatics’ ‘Micromax Ninja 3.5 & Ninja 4’, Dabur India’s ‘Dabur Chyawanprakash Sugar Free’. However, as these advertisements did not contravene ASCI’s codes or guidelines, the complaints were not upheld.

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