ASCI upheld complaints against 99 out of 136 ads in Feb 2014

An overwhelming 80 of the erring advertisements were from the Health and Pharma category 

BestMediaInfo Bureau | Mumbai | May 5, 2014

In February 2014, ASCI's Consumer Complaints Council (CCC) upheld 99 out of 136 advertisements against which complaints were received. Along with the product advertisements, product packaging is also misleading in many of the products.

Health & Personal Care

The CCC found the following claims in health and personal care product or service ads of 80 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. Innovative Cure Health & Beauty Clinic: Claims that they can help you 'get rid of baldness in just a little time', 'reduce upto 12 kg without crash diet, without exercise'.
2. M.I.C Skin Care: Claims that they can help you 'get relief from baldness in 2 hours. 'Do combing, shampoo, colour, dye etc., get desired hair style.' Note - This is not a wig.
3. Fat 2 Fit: Claims that it can help you 'reduce 21 kg weight and 11 inches in 3 months.'
4. Shreeji Marketing: The advertisement of this Power Magnetic Bracelet makes an impression and it suggests & is calculated to lead to the use of this product for Perfect cure for blood Pressure and there by cure for Diabetes, joint pain etc. It also claims that it helps in curing other health conditions & it provided various health benefits in human beings: which is misleading.
5. SD Physical Massage & Physiotherapy: Claims that one can 'get 3 instant results in your mind, body and skin with only one sitting - relax mind, tired free body, fair & glamorous skin, 'reduce your fat within 10 days (with guarantee).'
6. Genesis Wellness Clinic Private Limited: Claims that one can 'get rid of unwanted bulges instantly',  'lose 2 to 3 inches from tummy, hips, and thighs', '1 day challenge',  'lose 5kg and 5 inches',  'figure correction, body firming.'
7. IZDA Healthcare: Rebond  claims that it 'increases eye sight',  'strengthens the heart',  'relieves from weakness',  'lessens the danger of heart attack',  'to increase the energy levels',  'to relieve from leg pain/qualm', 'to relieve from weakness',  'increases memory power, and helpful for B.P.'
8. AG Herbs Private Limited: URhalt claims URhalt is effective for Urinary incontinence, over active bladder, frequent urge for urination.
9. Vaidyaji Dawakhana: Claims that they help you get 'assured treatment in 7 days by a single patti. Sex and impotency, premature ejaculation, semen, nightfall, masturbation, small penis, thinness, looseness, crookedness, for complete strength, for satisfaction of life partner, nil or less sperm count.'
10. Patanjali Ayurved Ltd: Patanjali Chyawanprash special Kesar Youkte (Corcus Sativus) contains 51 'jadi booti'.
11. Arka Biologics:  Claims that RE - 21 Capsule 'TONGKAT ALI - secret of ultimate performance (super charge your manliness)', 'now perform like 21 years', 'the potential Ali, gives the feeling of what we are living for. Tongkat Ali has been used in South East Asian countries as a folk medicine for centuries', 'Any price for pleasure'. Visuals and claim implies product meant to enhance sexual pleasure.
12. Satya Pharmaceuticals: AL-Shams Eye  Drops claims that there are 'no side effects',  'it increases eye-sight', 'makes eyes healthy',  'clears the haziness in a month, put thread in needle',  'quick relief from conjunctivitis, water discharge from eyes, itching, cataract', 'protects eyes from eyeful.'
13. Satya Pharmaceuticals:  VIRGIN AGAIN claims that it is 'certified by government of India', 'immediate effect in 10 minutes', 'married women become virgin again.'
14. Anthrophilae Organics Private Limited: Nasha Nashak Churn claims that it can 'get rid of all kind of addictions: Beedi, Cigarette, Alcohol, Tobacco, Gutka etc'.  'It develops dislike towards addiction in the patients',  'completely made of ayurvedic medicines'.
15. Dabur India Limited: Fem Fairness Natural Bleach claims that 'everyone's desire for fairness will be fulfilled'. 'The saffron in it gives a glowing skin for long time.'
16. Acupressure Shodh Prashikshan Evam Upchar Sansthan: Claims that one gets 'assured treatment of dengue, viral, sugar, epilepsy, stone, B.P., jaundice, asthma, paralysis, irregular menstruation, increasing height in kids, weak eyesight, kidney failure etc.'
17. Surya Kiran Chikitsa: Claims that it is 'complete successful treatment of 90% diseases by Surya Kiran Chikitsa', 'benefit 100%, harm 0%,' 'obesity, blood pressure, heart disease, diabetes, etc'.
18. Naveen Kiran Counseling & Rehabilitation Centre: Claims that it can help you 'get rid of drinking problem.'  
19. Yash Men's Centre: Claims that it can 'remove white spots/baldness in 30 minutes.'  
20. Dr Faujdar Homeopathy Center: Claims that it can give them a 'permanent treatment of Piles/Fissure/Fistula without operation', 'more than 5000 patients benefitted', 'non-curable disease are getting cured - conditions like paralysis, fibroid etc'.
21. Colorbar Cosmetics Private Limited: Colorbar Eye Believe Ultimate Eye Cream advertisement says that 'Why women love Ultimate Blemish Corrector? 92% women saw a visible lightening of under-eye circles* Super: *Based on internal consumer study.'
22. Pile Stopper - The advertisement makes an impression which suggests curing piles which is misleading.
23. Roojssel's Sliming Beauty and hair Clinic: Claims that 'No. 1 hair replacement center in India', 'say no to baldness.'
24. The Inspiration: Claims that it can help with 'instant inch loss', 'upto 7 kg weight loss', 'upto 14 kg weight loss'.
25. Jeevana Kerala Ayurvedic Centre: Claims that they can help loose '5 kg to 30 kg weight loss.'
26. RP Telebuy Skyshop (P) Ltd: The Ervamatin advertisement claims that 'application of the oil would help the applier to REGAIN the lost-hair and improve the hair density. A supposed beneficiary in the ad claims that his confidence has increased due to the product.'
27. Ambic Ayurved: Diabiant Sugar Care Tablet advertisement claims that 'diabetes free life brings sweetness in life.'  
28. Dietitian Shreyas Family Diet Clinic:  Claims about 'the fast metabolism diet', 'loose fat upto 4 to 5 kilos in just 30 days'. (No Weight Bouncing)
29. Peegee Pharma: Dr Gear claims that 'the medicine is enough to control diabetics without diet or exercise.'
30. Krishna Vanish: Claims that 'Krishna Vanish Sugar Nashak Jamun Sirka is a magic, cures sugar, reduces obesity,  for liver,  cures jaundice,  for stomach gas, for indigestion, sure shot for stomach,  for youthfulness use, Mojun musli pak, Yovan Bahi Oil,  Lij Powder,  make your married life delightful.
31. HairDoc Trichology Expert: The advertiser claims, 28 years of healthy hair growth experience, specialised HDHT for 100% natural hair growth.
32. Procter & Gamble Hygiene & Health Care Ltd: The Vicks Vaporub ad shows that by buying a Vicks Vaporub pack, a consumer is saving Rs. 50/-. In a very small font size, a disclaimer is given stating that buying 50g vaporub vs. buying 5g Vaporub, based on MRP. The ad appears to be misleading due to the following reasons:
    1. The ad suggests that the Company is offering Rs. 50/- discount on the MRP of the product which is not the case.
    2. The ad does not mention in its verbatim that the consumer is saving Rs. 50/- on which SKU.
    3. Apart from 5 g and 50 g, there are 10 g and 25 g SKU of the product which is available in the market whose MRP are 25/- and 53/- respectively. Hence, if the comparison is made with these SKUs then the savings is much less. Thus, the consumer is being cheated by making comparison with 5 g only.
    4. The disclaimer is not clearly visible when the consumer sees the advertisement.
    5. The language, height, font size, duration of the disclaimer is also not as per rules.
33. Bioway Health Care Centre: Bioway F-5   Herbal Syrup claims that they provide 'freedom from heart diseases', 'protection from heart attack and bypass'. Herbal Syrup F-5 opens the locked arteries and clears the cholesterol', 'beneficial in cholesterol, B.P. irregular heart rate, breathing problem and for heart patients.'
34. Dr Rana Dispensary: Claims that they can deal with 'sex problems, infertility.' 'Successful treatment of 14 days.'
35. Eureka Labs Limited  (Health UP Capsule): 'Health Enhancer Capsule claims that it 'sures digestion process, increases hunger', 'develops body and makes it energetic',  'makes body fit and healthy',  'helpful for increasing height in kids', 'patent ayurvedic medicine.'
36. Ushodaya Medical Center: Claims that in this center  'depression, anxiety, stress, OCD, phobias, stammering, excessive & negative thoughts,  drug addictions, educational, love, sexual problems, erectile dysfunctions, premature ejaculation, homosexual  problems cured successfully.'
37. Doctor Advice Company: Sikandar-E-Azam Capsules claims that they are 'World # 1'.  'See results in just 1^st day', 'improve your stamina and libido', 'cures erectile dysfunction', 'more powerful climaxes', 'no prescription required'.  Sikander-E-Azam Herbal Capsule will ensure an increase in libido, prevent premature ejaculation and prolong sexual responsiveness and desire.
38. Leeford Healthcare Alite Soap & Gel: Claims that they give 'instant relief from pimples.'
39. Shree Dhanwantri Herbals : Reduces weight without any side effects',  'C-Slim Capsule is a safe and effective ayurvedic medicine that helps to reduce unwanted fats and keeps the digestion process in control',  '100% ayurvedic.'
40. Harnami Leuco Powder: Do take Harnami Leuco Powder for getting rid of new or chronic pain due to leukocoria, waist pain, pidliyon, fatigue, lethargy, weakness, warmness of hands legs and soles, weakness in uterus, sagginess of organs etc, end of Leukocoria instantly.
41. Kaam Guru Powder: 'Permanent treatment of manly power, get rid of daily use of tablets and capsule'. This powder is a treasure of manly power. It is powerful for physical weakness, less sperms in semen, thinness of semen, aehatlam, nightfall and sex'.
42. Sivam Aruvedashram: Claims that 'with penis increaser tool make your penis long, thick, strong, hard, shapy, increases sex time & takes joy upto 50 to 60 minutes'.  'Eradicates premature ejaculation, night fall, impotency, nil sperms, thinness, smallness, crookedness of penis from its roots',  'no side effects',  'complete guarantee of benefit.'
43. 10-Pm Capsule: Claims that '10 P.M. not only gives relief to sex patients but also to patients suffering from paralysis'. Pack visual in ad implies product meant to enhance sexual pleasure - DMR violation
44. Popular Hospital: Claims that it provides successful treatment of kidney diseases, kidney stone.
45. Parasji Gold Capsule: Claims that nightfall, semen disease, premature ejaculation, thickens the semen and increases energy' 'extends borders of love - implies product meant to enhance sexual pleasure - DMR violation'
46. Tulison Pharma: Pathani Tablet & Oil claims that it 'awakens new passion in men', 'no side effect', 'G.M.P certified company.'
47. Vilasba Fuel Care Private Limited: Vilasba Petrocare claims that it 'increases the average of your 2 wheel - 4 wheel (petrol) upto 30%', 'increases the efficiency of your vehicle upto 200%', 'most eco-friendly product.'
48. Ayushakti Ayurved Private Limited: Ayushakti Ayur Health Centre claims Controlled blood sugar 120-110 & free from insulin dependency, weakness reduced, reduced frequent urination, improved digestion/metabolism, no fatty liver and reduced neuropathic changes, lost upto 20kgs, successfully granted the boon of parenthood to thousands of infertile couples, helped more than 10 million people for past 27 years to get rid of many chronic ailments.
49. Durga Clinic: Claims that 'successful treatment of more masturbation, semen, night fall, small penis, crookedness, siplis, ganauria, pimples, itching, inflammation, sterility.'
50. Rapha Herbs Products: Claims that 'canadian company Rapha Herbs has made one such formulation which is very beneficial and it has no side effects and patients get cured early and baby is also born healthy.'
51. Kadri Medical Store: Claims that it is 'Unani Ayurvedic and herbal medicine, 'permanent treatment of STDs in case of males and females, impotency, premature ejaculation, thin semen, Indradosh, menstrual problems, leucorrhoea, white spots, gastric, constipation, piles, arthritis pain, sugar, epilepsy, gall bladder kidney stone, acne-pimples and moles.'
52. Shan E Mugal: Shan-E-Mugal Herbal Power Capsule claims that 'by its consumption intercourse and the energy of penis increases'. 'Capsules made from natural herbs, take complete joy for a long time.'
53. Top Gear Capsules: Product visuals in advertisement imply product meant to enhance sexual pleasure.
54. Sanjeev Pharmaceuticals: Rajshi Capsule claims that it helps 'regain the lost energy by regular use for 21 days'. Visual implies product meant to enhance sexual pleasure.
55. Nari Fit Syrup: Nari Fit Syrup claims that it is effective in case of pain in time of menstruation, leucorrhoea, irregular menstrual flow, weak womb, blood deficit, pain in pelvis, and weakness after delivery, unable to generate ovum in the womb, uhungriness, unstable hormones, white and red smelly discharge.'
56. Fit Figure: Fit Figure Capsule reduces the fat of the body. It reduces the swelling in hands legs and completes body. Makes liver working in the right way and kills all the abdominal diseases like Gas-Constipation, Pyrosis, and acidity. It removes the accumulated toxins in the body, circulates blood and makes new blood thereby provides energy to the whole body.
57. B K Stones: Claims that it is 'freedom from stone without operation', 'thousands of patients of anal and bile bag stone all over India benefitted'.
58. No End Power Capsules: Claims that it is 'no side effects', 'endless pleasure', 'for keeping youth energy intact', '100% ayurvedic medicine', implies that product meant to enhance sexual pleasure - DMR violation'.
59. Ved Herb: Claims 'use Ved Herb regularly and get relief from Diabetes in just 30 days.'
60. Herbal Clinic: Claims that 'by new research device make penis long, thick, shapely, hard and get desired sex time', 'no side effect.'
61. 8 Capsules: Claims that 8 capsule is for manhood. 'Be the man, implies product meant to enhance sexual pleasure. DMR violation.'
62. Dhananjay Remedies: Claims that Ab Tox 'is an anti-addiction ayurvedic medicine', 'provides freedom from alcohol by ayurvedic medicine',  'helpful for getting rid of pan masala, gutka, and cigarette etc addictions',  'no side effects.'
63. Tridev Pharma India: Nite Fall Capsules claims and visual implies that the product is meant to enhance sexual pleasure.
64. Cure India Remedies: Claims that 'get wet homeopathic drops for weakness, impotence, wet dreams, thin sperm.'
65. Herbal Research Centre:  Claims that 'made by Kshar-Lavan Vidhi a unique herbal churna take along with buttermilk or curd and see the difference in 15 days',  'ancient ayurvedic discovery 100% safe', 'reduce obesity without dieting and without exercise'. DMR violation.
66. Nisha Herbal Private Limited: Nisha Herbal Products Range claims that 'psoriasis can be cured by Nisha Herbal's 5 medicines when taken together.'
67. Synthiko Exports Private Limited: Only Me Plus Spray 'dedicated to the art of lovemaking.' Product pack visual implies product mean to enhance sexual pleasure.
68. Sri Sanjeevani Ayurvedam: Claims that it 'treats many diseases in 21 days.'
69. Positive Healthcare: Claims that it is '100% effective homeopathic treatment (with guarantee card)'. Visuals of vitiligo are misleading.
70. Population Health Services India: PHSI Khushi Oral Contraceptive Pill claims that it is the 'Best Contraceptive Pill.'
71. Laskhmi Ayurvedic Store: Claims that it 'assured successful treatment of diabetes by herbs and ayurveda'
72. Aditya Food Industries: Diab Rice claims that it is 'made from ayurvedic medicines', 'best rice for diabetic patients', 'diabetic patients of any age can consume this rice in any quantity'.
73. Vedayu Care & Research Foundation: Claims that 'assured treatment of incurable diseases by self-developed rare herbal medicines means Vedayu Care and Research Foundation.'
74. Keshav Herbs India: Bullet Gold Capsules claims that it is very beneficial in night fall,     premature ejaculation, weakness due to sugar, joint pains.'
75. Dr Dhillons Clinic: Claims that it cures 'impotency, premature ejaculation, less sperm count, underdeveloped penis', 'scientific guidance and correct permanent treatment', 'honoured by Government of India.'
76. B. Lab Pvt Ltd: The Clear X advertisement of this product makes an impression which suggests changing complexion of skin.
77. Sat Kartar Shopping Pvt Ltd: Dr. Madhu Amrit's commercial directly or indirectly gives a false impression regarding the product.
78. Dr. Chavan Clinic: Gives homeopathic treatment, ayurvedic treatment, micro-dermabrasion, chemical peel therapy etc.
79. Marico Limited: The logo “International Hair Research Certified” appearing in the TVC is misleading by implication that the product has been endorsed by some institute, this claim was not substantiated. Also the source & date for the claim is not indicated in the TVC.
80. Lotus Eye Hospital & Institute: The advertisement claims that 'Lotus Eye Hospital and Institute has the LenSx machine, which is first in India.'  The machine is, 'upgraded LenSx', 'it can perform Corneal Transplant Surgery'. 'It can do Keratoconus treatment.'

Education

The CCC found following claims in print ads by 5 different advertisers were not substantiated violating the ASCI Guidelines for Advertising of Educational Institutions and hence the complaints against the ads were UPHELD:

1.       The Institute of Business Accountant: The advertisement claims that it is 'India's No. 1 Accounting & Tax Training Institute', '100% job guarantee with certified diploma.'

2.       Guru Gobind Singh Indraprastha University: The advertisement claims that it is accredited A grade by NAAC (National Assessment and Accreditation Council).

3.       SMEC Automation: The advertisement claims that 'SMEC Automation is the largest marine automation company in India', 'SMEC Automation, with its offices spreading across Europe, Middle - East, South - Asia, and South East Asia, makes 80% of its recruitment from among the students of SMEC labs', 'over 8,800 students successfully trained!'

4.      Triumphant Institute of Management Education: Claims that it is the 'Best Bet for CSAT', 'National leader in aptitude test prep – 13 Lac+ students trained in the past 21 years', 'Most comprehensive course', '10 All India Mock CSAT.'

5.       Sachdeva College: The advertisement claims that Sachdeva College has 65 faculties and 108 non-teaching staff. In Jharkhand, it has 19 branches and more than 115000 students have qualified for government level competitive exams.

Food & Beverages

The CCC concluded that the claims mentioned in these 6 advertisements were not substantiated.  The advertisements contravened ASCI's Code.  The complaints were UPHELD.

1. Surya Food & Agro Ltd: The advertisement of Priya Gold Snakkers shows a man and a woman riding two-wheeler without wearing Helmet. This is a punishable offense and the ad makers are making mockery of our law.
2. I.T.C. Limited: The advertisement of Kwiknic Chewing Gum states that instead of a cigarette one can consume Kwiknic chewing gum. The complainant states, considering it contains nicotine it is as good as smoking a cigarette and since it's a chewing gum containing nicotine it could be purchased over the counter by minors and could be consumed by children as well. This product is harmful to minors.
3. Suman Proteins Private Limited: The advertisement of Suman Edible Oil Range claims that 'Kachighani Mustard Oil reduces 70% chances of heart disease by lowering   cholesterol.'
4. Marico Limited: The advertisement of 'Saffola Total' claims that it is better than Olive Oil. Saffola Total has started an all-out attack on olive oil. This ad appears even after the recent ban on the adverts of Saffola Total, denigrating olive oil.
5. Marico Ltd: The advertisement of Saffola Total claims that 'Saffola Total has 2X anti-oxidant power than olive oil'.
6. Torino: The pamphlet of The Pizza Hub offered a 50 per cent discount only for that day. However, on calling to order, the complainant was told that the offer was only on certain pizzas. This wasn't mentioned anywhere in the pamphlet, nor was there a generic disclaimer such as 'terms and conditions' apply.

Others

            1. Naaptol: The advertisement claims that it is 'India's No.1 Home Shopping Company'.

2. Pasta Bharat:  In this commercial the Indian flag is used for commercial purposes and also on the saffron portion of the flag something is written. As per the flag code of India this is a punishable offense.

3. Genesis Colors Pvt. Ltd.: The advertisement of Bwitch Cast a Spell shows a pictorial representation of a woman in skimpy clothing showing her handcuffing a man. This advertisement is vulgar, obscene and is likely to cause grave or widespread offence.

4.      Mahindra & Mahindra: The reference made to “Chota Hatti” along with the picture of “Tata ACE” model shown in the ad, unfairly disparaged it directly. Also, the comparisons made in the Ad were not factual and were not substantiated.

5.       Rupa & Company: Rupa Baniyan advertisement shows a girl riding a two wheeler without a helmet. Every year, thousands of women die in road accidents due to head injuries, the main reason being not wearing of helmet while riding two-wheeler. Such advertisements only encourage people to flout the law. Riding a two wheeler without helmet is a punishable offense.

6.      Jagran Prakashan: As per the complaint, the advertisement claims that DAINIK JAGRAN to be the 'number 1 newspaper of Patna'.

7.       Tractor And Farm Equipment Ltd: Advertisement displays the comparison between the Massey 7250 DI and Mahindra 575 DI.  The Ad misleads the consumers by showing completely erroneous information about Mahindra 575 DI.

8.      Power Soaps Limited: The Nature Power Soap TVC shows, 'a group of men jeering at various girls as they step out of a bus. They comment on the girl's personality'.

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