ASCI upheld complaints against 87 out of 108 ads in December 2013

ASCI's proactive initiatives saw the number of complaints increase 5 times (YoY) in 2013. Education sector was No. 1 in misleading advertising followed by Personal & Healthcare category

BestMediaInfo Bureau | Mumbai | March 19, 2014

In December 2013, ASCI's Consumer Complaints Council (CCC) upheld complaints against 87 ads. Health & Personal Care category continued to lead with the highest number of complaints received In December 2013.

In the year 2013, Advertising Standards Council of India introduced various initiatives ensuring quicker and stronger actions against all advertisements violating its code.  The National Advertising Monitoring Service (NAMS) helped the self-regulatory body to cast its net wide on the defaulting advertisers, and Online Complaint and Monitoring Service (OCMS) made it convenient and faster for consumers to file complaints against misleading advertisements.

In addition, ASCI also launched online monitoring of ads to track advertisements in the online space and also introduced Suspension Pending Investigation for taking quick action against those advertisements whose continuation may be against public interest. These initiatives resulted in a five-fold increase in the number of complaints.

In 2013, the CCC decided on 1842 complaints out of which 1477 were upheld. Out of these misleading advertisements, approximately 40% were the education sector advertisements and 36% from the personal and healthcare category.

HEALTH & PERSONAL CARE

The CCC found the following claims in health and personal care product or service ads of 65 advertisers, released in the press to be either misleading or false or not adequately/scientifically substantiated and hence violating ASCI's Code. Some of the health care products or services ads also contravened provisions of the Drug & Magic Remedies Act. Complaints against the following ads were UPHELD:

1. The Body Care Slimming & Beauty Clinic for Men and Women: Claims that they can help with 10 kg weight loss & 40-50 cms loss.

2. Ranbaxy Laboratories Ltd: Claims that by consuming Ranbaxy Garlic Plus every day is more effective than eating raw garlic or cooked.
3. Benda Accupuncture Slimming Centre: Successful treatment of paralysis, Parkinson, deafness etc.
4. Uranyx Healthcare: Claims that Ura Stone Drill Syrup helps you get rid of kidney stone.
5. Hotmain Dawakhana:100% quick, effective and permanent treatment of impotence, premature ejaculation, small-thinness, semen in urine, night fall, sugar, nil sperms, less sperms.
6. Devi Ayurvedic Products: Claims that these products are very beneficial in Liver and Kidney problems.
7. Hindustan Research Health Product: Zeroton claims that 'With the consumption of Zeroton one need not go for a regular exercise.'
8. Adhi India Advanced Hair Restoration Centre:    Claims that they have received award for 'Best Hair Transplant & Hair Restoration Organization in India' for the year 2013.
9. Piles Care Point: Claims that they help get rid from all types of addictions; get your kidney stone removed by Ayurvedic medicine.
10. Welkin Convergence Pvt Ltd: Morning Mist claims that the 1. Nectar drops are specially formulated combination of antioxidants. 2. The glucose tolerance factors in nectar drops helps insulin combine with its receptors easily & hence regulate blood sugar, protects pancreas and manages diabetes and its complications.
11. Baljiwan Medicines Pvt Ltd:

• The Shakti Tarang consists of Shilajit & Ashwagandha.
  • Shilajit - Stops impotency, premature ejaculation and helps in increasing time.
  • Ashwagandha - Makes new semen, makes semen thick and makes muscles energetic.
  • Vaginal Tightening Cream has all natural ingredients that nourishes and feeds the cells of the vagina & helps in firmness & tightening.
  • Breast massage cream has all natural ingredients that nourishes and feeds the cell below the breast, and helps in enhancing. Firmness, plumpness, fullness and a more young looking looks.
  • Age Defence Q10 Protection Cream: This advance age-lock formula enriched with world patent seplift DPHP which is clinically proven to have 60% effective against wrinkles. It is a safe and effective way to look young.

12. Rechoice Hair Oil: Claims the 'money back guarantee on hair growth upto 2 inch within 35 days.
13. Welfeed Remedies Pvt Ltd: Luv Kush Drops claims that it enhances memory power. 2. Luv Kush drops are 100% ayurvedic and free from side effects.'
14. Smile Dental Zone: Claims that it is the 'most trusted no.1 advanced dental clinic.'
15. Keya Seths Aromatherapy: Keya Seths Keya Special claims that it helps you get 'slim without gym', 'cut down on obesity'. 'Reduces excess body fat, provides nourishment, enriched with natural goodness, 100% ayurvedic & 'no side effects.'
16. Pangene Biotech Ltd: Bodydear Range of Products claim various misleading claims:

1. Vinayaka Ayur Hospital & Panchkarma Center: Claims that it 'cures epilepsy, cures jaundice from its roots in just 4-8 days with 100% guarantee.'

18. The Inspiration: Claims that you can 'lose 10 kgs in 21 days, 4000 people have taken laser treatments and they are happy 'happy losers', instant inch loss by ultrasonic techniques'.
19. Teleone Consumer Products Pvt. Ltd: Love Forever Capsules enhances sexual pleasure.
20. Hindustan Research Health Products: Claims that the consumption of Fit O Fit Capsule keeps one fit always.
21. Sri Sai Ayurvedashram: Claims that 'with the commencement of the treatment, spots become invisible and it starts to appear as normal skin complexion.'
22. Sudama Aushadhalaya: Claims that it can help 'remove white spots 100% from roots, be the spot new or old, the colour of the spots will change and mix up with the skin colour by applying our ayurvedic medicine'.
23. SR Pharma: Virgin Again Extra claims 'result in 5 minutes,  'Helps to compress the vagina',  'Helps removing the looseness of vagina',  'helps in giving strength to the tissues in interior walls of the vagina and brings them back in the original form',  '100% ayurvedic lotion.'
24. Sharmayu: Sharmayu Fat Free claims that 'age 30, look 20', 'easy way to look slim and smart'. Pack visual claim – 'Loose excess fat'. 'Product name - Fat free.'
25. Shiv Shakti Ayurved: Claims that it 'remove stones out without operation. Get relief from any type of piles in just 3 days'.
26. Uranyx Healthcare: Uranyx range of products claims that it can help you 'get rid of your chronic diseases', 'get rid of stone - DMR violation'. 'Ura Stone Drill Syrup removes stone by finding them.'
27. Vegitot Cream: Claims that it 'tightens the vaginal walls and makes you feel young.'
28. Kesh Apsara Hair Oil: Claims that it 'stops hair fall in just 7 days.'
29. Breast Developer Oil & Capsules: Claims that 'see the beauty and size of your breasts in just 10 minutes for the size and shape.'
30. Amrit Ayurveda Enterprise: Visual implies product meant to enhance sexual pleasure. DMR violation on claims like 'increases manpower and gives new strength and energy', 'brings enjoyment in youth and ageing', 'reduce weight without fasting or without exercise. 'Reduce weight and look beautiful'.
31. Morbett: Femi Care Tonic claims that 'ayurvedic medicine for women's complete health.' Was not substantiated.
32. Super Height: Claims that it will 'increase height 2 times faster, India's no.1 product in India which helps grow height faster which is beneficial in mental and physical development'. 'Increase 3-5 inch height in 3 months, very effective till the age of 34.'
33. Janki Aushadhalaya: Claims that it is '100% herbal ayurvedic medicine', 'make penis shapely and increase sex power by 30 to 45 minutes', 'get 100% rid of impotentness, prematurer ejaculation, nil sperms, night fall, and bad habits like masturbation'
34. Seva Herbal - 'Impotency', 'Premature Ejaculation', 'Safe and successful Treatment',  'No 1 Herbal Clinic in North Bengal',  'Size Enhancer'.
35. Krushna Health Care: Claims that it can 'get you permanently rid of premature ejaculation, impotency, small penis, thinness of penis, crookedness, night fall and weakness arised due semen in urine.'  '100% herbal medicine.'
36. Dr. Dev Slimming Clinic: Claims that it helps lose 4-5 kg weight loss in 10 days. It also offers money back guarantee as also 30 kgs weight loss is being promised.
37. Sun Clinic: Claims that it is '100% successful treatment of STDs, impotency, nightfall, premature ejaculations.'
38. Sangita Homeo: Bahaar Oil/Shampoo claims that it is a 'complete solution for baldness, hair fall, greying of hair and dandruff',  'shows result in just 5 days',  're-grows hair',  'gets rid of baldness.'
39. Amrut Booty Capsule: Claims that it 'gets rid of premature ejaculation', 'makes semen thick and removes its thinness', improves the circulation of blood in the penis and removes the problems of penis, thereby making it more hard and fatty,  'stops night fall / semen in urine and is effective forever.'
40. HST Herbal Masti Course: Capsules/Oil claims that 'successful treatment of sexual weakness, lack of sex, premature ejaculation, manly weakness, flaccidity of organs, smallness, lack of sperms and nil sperms, mistakes of   childhood and masturbation, semen, nightfall.'
41. Sora GM: Oil/Capsules claims that 'the problem of Psoriasis can be solved permanently by Ayurvedic Medicine Sora-GM oil, capsule and pills.'
42. Meck Pharmachem Limited: Glucomeck Tablets claims it is 'very effective for the disease of Chicken Guniya.'
43. Tirth Sai Healthcare: Proto Capsules claim that 'Feeling of Energy, Freshness and Enthusiasm', 'Capsule enriched with White Musli, Shilajit and Salam', 'Increases immunity power', Visuals imply product meant to enhance sexual pleasure.
44. France Natural Products: Guarana Fat Burner claims that it is '100% Natural & Veg, No Side Effects',   'Guarana Fat Burner tablets dissolves the excess fat and max to lose weight even if you were fat since childhood. An individual can expect to lose anywhere between 05-20kg in 30 days depending upon the metabolism of your body'.
45. Dr. Sheetal's Slim Express: Claims that the patients' insulin stopped or that she/he lost weight in the sessions of HFU & ion magnum.
46. Sarkar Dispensary: The advertisement claims that it 'Got International respect for the second consecutive year in Dubai',  'Successful treatment of childlessness, semen in urine, night fall, premature ejaculation, smallness, weakness, sagginess, anxiety', 'Successful treatment weakness raised due to Sugar, Age & Obesity'
47. Aura Nutraceuticals Limited: Kohinoorprash Ayurvedic Chyavanprash claims that Kohinoorprash - enriched with Hirak, Suvarna bhasma & Shilajit - to  keep away senility, debility and ageing process, - For sexual weakness & low immunity power, - For enhancement of longetivity, vigour & vitality.
48. Kashyap Clinic claims that 'sure benefit of internal weakness, leukoria, by Ayurved and Yoga.'
49. Piramal Enterprises Ltd: Polycrol Xpress Relief claims that 'It can knock out acidity in 5 seconds.'
50. Dr Batra's Positive Health Clinic: Dr Batra's Homeopathic Clinic claims that it is 'Awarded as India's only Trusted Brand in Homeopathy - Brand Trust Report – 2013.'
51. Shree Baidyanath Ayurved Bhawan : Baidyanath Vita Ex Gold Plus claims that it 'Never lets you down', 'Gold Bhasma - Scientifically proven to be a natural potent aphrodisiac', 'Baidyanath Vita-ex Gold Plus Capsule - For Vigour & Vitality.'
52. Bio - Green Healthcare claims that it 'Helps get rid of sugar, obesity, constipation, joints pain, hair problems, gas- acidity.'
53. Innovative Cure claims 'Complete freedom from baldness', 'No increasing white spots (Leucoderma)', 'Get the skin colour immediately'
54. Sehat Homoeopathy claims 'Get rid of Baldness permanently, grows hair in just 14 days',  'Natural Permanent Hair',  'Pain free procedure',  '100% Guaranteed Result'
55. Shivani Aushadhalay &Naturopathic Hospital claims 'Treatment of increasing chest and height.'
56. Emami            Limited: Zandu Sona Chandi Chyawanprash Plus claims that the product gives a child a sharp brain like Einstein & immunity like Bheem.
57. Kuzaolin Slimming, Laser, Beauty &Ayurveda advertisement promises weight loss of 5 kg and 10 kg in 1 week with lipolysis.
58. Dr. P. K. Jain Clinics claims 'Meet for most successful treatment of Sex Problems and less sperm count.', 'World's No.1 sexologist Top ranking sexologist',
59. AAA Teleshopping P.Ltd: Sampoorna Vastu Shanti Sangreh advertisement shows that some TV actors claim that this product will do Miracles and will remove all the sorrows of the buyers of this product.
60. Shri Guru Nanak Dev Ayur Dispensary: The advertisement claims 'Assured treatment of hair problems (visual indicates baldness), skin disease, obesity.'
61. Clarins: Clarins White Plus claims that 'After 4 weeks, Asian women testing this product saw the following results: 91% Less yellowish skin tone, 87% More even and clearer complexion, 87% Improved rosy luminescence' Super: Satisfaction test, 53 Asian women, 4 weeks.
62. Suo motu: Johnson & Johnson Ltd (Johnson        Baby Soap) claims Saumyata ke 12 tests'.
63. Dabur India Limited: Fem Bleach Cream claims that is is 'the first dermatologically tested bleach.'
64. Go Addiction Plus claims that, 'the use of this product for the perfect cure for the people addicted with alcohol, cigarette, tobacco, etc.
65. Procter & Gamble Hygiene and Health Care Ltd: However the claim “Wella color provides superior damage protection”, was not substantiated.

EDUCATION

Anurag Aggarwal Institute of Public Speaking: The claims 'ISO9000-2000 certified', MPs from various political parties as their clients, ranking by Google as No.1, were not substantiated.  The Website Ad contravened Chapter I.1 of the Code.  The complaint was UPHELD.

Saffron Eduworld Pvt Ltd's Saffron Eduworld Coaching, BSC Academy, National Institute of Banking, Tara Institute, Lakshya Bankers, National Institute of Nursery Teachers, Jeet Conceptual Classes, Indian Institute of Emergency Medical Services (IIEMS), Karunya University's Karunya School of Business, Leadership and Management

Complaints against advertisements of all above educational institutes were UPHELD because of unsubstantiated claims that they 'provide 100% placement and/or they claim to be the No.1 in their respective fields'.

CONSUMER DURABLES

Bajaj Electricals Ltd: Bajaj CFL Bulbs shows poor lighting, hides skin fairness of a girl who has to meet a potential suitor the next day.  The ad denigrates women based on the color of the skin of the girl. The complaint was UPHELD.

FOOD & BEVERAGES

The CCC concluded that the claims mentioned in these 8 advertisements were not substantiated.  The advertisements contravened ASCI's Code.  The complaints were UPHELD.

1. Organic Living Pvt Ltd: Organic Living Fat Out Oil claims that it removes excess fats in few days of its use.
2. Star Vision Aloe Star Juice: Claims that it helps 'control high blood pressure in 30 days. Effect starts from the 1st day.' 'First time in India most viscous, fibrous and pure Aloe Vera juice'.
3. Cadbury India Ltd: Cadbury Choclairs claims that this chocolate does not stick in your teeth. They changed their name from Cadbury eclairs to Cadbury choclairs claiming the chocolate does not stick.
4. Nashik            Vintners Pvt. Ltd: Sula Vineyards claims that 'Diwali Manaye Bharat Ki Pasandida Wine Ke Saath Sula Vineyards A/c. 12.5% v/v.'
5. Jeevan Sanchay Distributors: Jeevan Sanchay Soup (powder) claims that 'Soup Maker - Best and world's first for reducing weight',  '100% Natural',  'Jeevan Sanchay Powder (Churna) - World's first technique for reducing weight',  'Without exercise - without medicine - without fasting - without operation',  'Without Chemicals - without artificial flavours - without sugar - without salt',  'This powder is effective on other effects of obesity along with reducing weight',  'Reduce weight 5 to 15 kg in 30 days'.
6. Vimal: Vimal Pan Masala claims that it is 'world's No.1 selling Pan Masala'.
7. Haldiram Foods International Ltd: Haldiram Salted Peanuts claims that the pack shows, a whole nut which is white and large in size, which appears to be export quality. Whereas the packet contains cut pieces and roasted half nuts.

OTHERS

ICICI Bank: ICICI Pockets advertisement shows a lady driving a scooter with 2 pillion (children on the back) riders which is against the rules, no one is wearing a helmet and she is also depicted as promoting unsafe driving as she has only 1 hand on the handle. The Ad depicts unsafe practices.  The website advertisement contravened Chapter III.3 of the ASCI Code.  The complaint was UPHELD.

Microtek International: Microtek Inverter UPS claims that the inverter saves electricity was not substantiated.

JAM Venture Publishing: The advertisement is a false job advertisement for the Royal National Hotel, London.

Ceat Ltd: In the TVC, a girl is shown driving a car while another lady sits in the backseat. They are constantly talking to each other. The protagonist in the TVC is shown driving carelessly and the TVC shows an unsafe practice.  The advertisement contravened Chapter III.3 of the ASCI Code and the Guidelines on Advertisements for Automotive Vehicles.  The complaint was UPHELD.

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