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 categoryÂ
BestMediaInfo Bureau | Mumbai | May 5, 2014
InÂ February 2014, ASCIâs Consumer Complaints Council (CCC) upheldÂ 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 &Â Personal Care
TheÂ CCC found the following claims inÂ health and personal care product or serviceÂ ads of 80 advertisers, released in the pressÂ to beÂ either misleading or false orÂ not adequately / scientificallyÂ substantiated and henceÂ violating ASCIâs Code.Â Some of theÂ health care products or services ads alsoÂ contravened provisions of the Drug & Magic Remedies Act. Complaints againstÂ theÂ followingÂ adsÂ wereÂ UPHELD.
- Innovative Cure Health & Beauty Clinic: Claims that they can help you âget rid of baldness in just a little timeâ, âreduce upto 12 kg without crash diet, without exerciseâ.
- M.I.C Skin Care: Claims that they can help you âget relief from baldness in 2 hours. âDo combing, shampoo, colour, dye etc., get desired hair style.â Note - This is not a wig.
- Fat 2 Fit: Claims that it can help you âreduce 21 kg weight and 11 inches in 3 months.â
- 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.
- SD Physical Massage & Physiotherapy: Claims that one can âget 3 instant results in your mind, body and skin with only one sitting - relax mind, tired free body, fair & glamorous skin, âreduce your fat within 10 days (with guarantee).â
- Genesis Wellness Clinic Private Limited: Claims that one can âget rid of unwanted bulges instantlyâ,Â âlose 2 to 3 inches from tummy, hips, and thighsâ, â1 day challengeâ,Â âlose 5kg and 5 inchesâ,Â âfigure correction, body firming.â
- IZDA Healthcare: RebondÂ claims that it âincreases eye sightâ,Â âstrengthens the heartâ,Â ârelieves from weaknessâ,Â âlessens the danger of heart attackâ,Â âto increase the energy levelsâ,Â âto relieve from leg pain/qualmâ, âto relieve from weaknessâ,Â âincreases memory power, and helpful for B.P.â
- AG Herbs Private Limited: URhalt claims URhalt is effective for Urinary incontinence, over active bladder, frequent urge for urination.
- Vaidyaji Dawakhana: Claims that they help you get âassured 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.â
- Patanjali Ayurved Ltd: Patanjali Chyawanprash special Kesar Youkte (Corcus Sativus) contains 51 âjadi bootiâ.
- Arka Biologics:Â Claims that RE - 21 Capsule âTONGKAT ALI - secret of ultimate performance (super charge your manliness)â, ânow perform like 21 yearsâ, âthe 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 centuriesâ, âAny price for pleasureâ. Visuals and claim implies product meant to enhance sexual pleasure.
- Satya Pharmaceuticals: AL-Shams EyeÂ Drops claims that there are âno side effectsâ,Â âit increases eye-sightâ, âmakes eyes healthyâ,Â âclears the haziness in a month, put thread in needleâ,Â âquick relief from conjunctivitis, water discharge from eyes, itching, cataractâ, âprotects eyes from eyeful.â
- Satya Pharmaceuticals: Â VIRGIN AGAIN claims that it is âcertified by government of Indiaâ, âimmediate effect in 10 minutesâ, âmarried women become virgin again.â
- Anthrophilae Organics Private Limited: Nasha Nashak Churn claims that it can âget rid of all kind of addictions: Beedi, Cigarette, Alcohol, Tobacco, Gutka etcâ.Â âIt develops dislike towards addiction in the patientsâ,Â âcompletely made of ayurvedic medicinesâ.
- Dabur India Limited: Fem Fairness Natural Bleach claims that âeveryoneâs desire for fairness will be fulfilledâ. âThe saffron in it gives a glowing skin for long time.â
- Acupressure Shodh Prashikshan Evam Upchar Sansthan: Claims that one gets âassured treatment of dengue, viral, sugar, epilepsy, stone, B.P., jaundice, asthma, paralysis, irregular menstruation, increasing height in kids, weak eyesight, kidney failure etc.â
- Surya Kiran Chikitsa: Claims that it is âcomplete successful treatment of 90% diseases by Surya Kiran Chikitsaâ, âbenefit 100%, harm 0%,â âobesity, blood pressure, heart disease, diabetes, etcâ.
- Naveen Kiran Counseling & Rehabilitation Centre: Claims that it can help you âget rid of drinking problem.â Â
- Yash Menâs Centre: Claims that it can âremove white spots/baldness in 30 minutes.â Â
- Dr Faujdar Homeopathy Center: Claims that it can give them a âpermanent treatment of Piles/Fissure/Fistula without operationâ, âmore than 5000 patients benefittedâ, ânon-curable disease are getting cured - conditions like paralysis, fibroid etcâ.
- Colorbar Cosmetics Private Limited: Colorbar Eye Believe Ultimate Eye Cream advertisement says that âWhy women love Ultimate Blemish Corrector? 92% women saw a visible lightening of under-eye circles* Super: *Based on internal consumer study.â
- Pile Stopper - The advertisement makes an impression which suggests curing piles which is misleading.
- Roojsselâs Sliming Beauty and hair Clinic: Claims that âNo. 1 hair replacement center in Indiaâ, âsay no to baldness.â
- The Inspiration: Claims that it can help with âinstant inch lossâ, âupto 7 kg weight lossâ, âupto 14 kg weight lossâ.
- Jeevana Kerala Ayurvedic Centre: Claims that they can help loose â5 kg to 30 kg weight loss.â
- RP Telebuy Skyshop (P) Ltd: The Ervamatin advertisement claims that âapplication 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.â
- Ambic Ayurved: Diabiant Sugar Care Tablet advertisement claims that âdiabetes free life brings sweetness in life.â Â
- Dietitian Shreyas Family Diet Clinic:Â Claims about âthe fast metabolism dietâ, âloose fat upto 4 to 5 kilos in just 30 daysâ. (No Weight Bouncing)
- Peegee Pharma: Dr Gear claims that âthe medicine is enough to control diabetics without diet or exercise.â
- Krishna Vanish: Claims that âKrishna Vanish Sugar Nashak Jamun Sirka is a magic, cures sugar, reduces obesity,Â for liver,Â cures jaundice,Â for stomach gas, for indigestion, sure shot for stomach,Â for youthfulness use, Mojun musli pak, Yovan Bahi Oil,Â Lij Powder,Â make your married life delightful.
- HairDoc Trichology Expert: The advertiser claims, 28 years of healthy hair growth experience, specialised HDHT for 100% natural hair growth.
- 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:
- The ad suggests that the Company is offering Rs. 50/- discount on the MRP of the product which is not the case.
- The ad does not mention in its verbatim that the consumer is saving Rs. 50/- on which SKU.
- 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.
- The disclaimer is not clearly visible when the consumer sees the advertisement.
- The language, height, font size, duration of the disclaimer is also not as per rules.
- Bioway Health Care Centre: Bioway F-5Â Â Herbal Syrup claims that they provide âfreedom from heart diseasesâ, âprotection from heart attack and bypassâ. Herbal Syrup F-5 opens the locked arteries and clears the cholesterolâ, âbeneficial in cholesterol, B.P. irregular heart rate, breathing problem and for heart patients.â
- Dr Rana Dispensary: Claims that they can deal with âsex problems, infertility.â âSuccessful treatment of 14 days.â
- Eureka Labs LimitedÂ (Health UP Capsule): âHealth Enhancer Capsule claims that it âsures digestion process, increases hungerâ, âdevelops body and makes it energeticâ,Â âmakes body fit and healthyâ,Â âhelpful for increasing height in kidsâ, âpatent ayurvedic medicine.â
- Ushodaya Medical Center: Claims that in this centerÂ âdepression, anxiety, stress, OCD, phobias, stammering, excessive & negative thoughts,Â drug addictions, educational, love, sexual problems, erectile dysfunctions, premature ejaculation, homosexualÂ problems cured successfully.â
- Doctor Advice Company: Sikandar-E-Azam Capsules claims that they are âWorld # 1â.Â âSee results in just 1st dayâ, âimprove your stamina and libidoâ, âcures erectile dysfunctionâ, âmore powerful climaxesâ, âno prescription requiredâ.Â Sikander-E-Azam Herbal Capsule will ensure an increase in libido, prevent premature ejaculation and prolong sexual responsiveness and desire.
- Leeford Healthcare Alite Soap & Gel: Claims that they give âinstant relief from pimples.â
- Shree Dhanwantri Herbals : Reduces weight without any side effectsâ,Â âC-Slim Capsule is a safe and effective ayurvedic medicine that helps to reduce unwanted fats and keeps the digestion process in controlâ,Â â100% ayurvedic.â
- 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.
- Kaam Guru Powder: âPermanent treatment of manly power, get rid of daily use of tablets and capsuleâ. This powder is a treasure of manly power. It is powerful for physical weakness, less sperms in semen, thinness of semen, aehatlam, nightfall and sexâ.
- Sivam Aruvedashram: Claims that âwith penis increaser tool make your penis long, thick, strong, hard, shapy, increases sex time & takes joy upto 50 to 60 minutesâ.Â âEradicates premature ejaculation, night fall, impotency, nil sperms, thinness, smallness, crookedness of penis from its rootsâ,Â âno side effectsâ,Â âcomplete guarantee of benefit.â
- 10-Pm Capsule: Claims that â10 P.M. not only gives relief to sex patients but also to patients suffering from paralysisâ. Pack visual in ad implies product meant to enhance sexual pleasure - DMR violation
- Popular Hospital: Claims that it provides successful treatment of kidney diseases, kidney stone.
- Parasji Gold Capsule: Claims that nightfall, semen disease, premature ejaculation, thickens the semen and increases energyâ âextends borders of love - implies product meant to enhance sexual pleasure - DMR violationâ
- Tulison Pharma: Pathani Tablet & Oil claims that it âawakens new passion in menâ, âno side effectâ, âG.M.P certified company.â
- Vilasba Fuel Care Private Limited: Vilasba Petrocare claims that it âincreases the average of your 2 wheel - 4 wheel (petrol) upto 30%â, âincreases the efficiency of your vehicle upto 200%â, âmost eco-friendly product.â
- 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.
- Durga Clinic: Claims that âsuccessful treatment of more masturbation, semen, night fall, small penis, crookedness, siplis, ganauria, pimples, itching, inflammation, sterility.â
- Rapha Herbs Products: Claims that âcanadian 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.â
- Kadri Medical Store: Claims that it is âUnani Ayurvedic and herbal medicine, âpermanent 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.â
- Shan E Mugal: Shan-E-Mugal Herbal Power Capsule claims that âby its consumption intercourse and the energy of penis increasesâ. âCapsules made from natural herbs, take complete joy for a long time.â
- Top Gear Capsules: Product visuals in advertisement imply product meant to enhance sexual pleasure.
- Sanjeev Pharmaceuticals: Rajshi Capsule claims that it helps âregain the lost energy by regular use for 21 daysâ. Visual implies product meant to enhance sexual pleasure.
- 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.â
- 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.
- B K Stones: Claims that it is âfreedom from stone without operationâ, âthousands of patients of anal and bile bag stone all over India benefittedâ.
- No End Power Capsules: Claims that it is âno side effectsâ, âendless pleasureâ, âfor keeping youth energy intactâ, â100% ayurvedic medicineâ, implies that product meant to enhance sexual pleasure - DMR violationâ.
- Ved Herb: Claims âuse Ved Herb regularly and get relief from Diabetes in just 30 days.â
- Herbal Clinic: Claims that âby new research device make penis long, thick, shapely, hard and get desired sex timeâ, âno side effect.â
- 8 Capsules: Claims that 8 capsule is for manhood. âBe the man, implies product meant to enhance sexual pleasure. DMR violation.â
- Dhananjay Remedies: Claims that Ab Tox âis an anti-addiction ayurvedic medicineâ, âprovides freedom from alcohol by ayurvedic medicineâ,Â âhelpful for getting rid of pan masala, gutka, and cigarette etc addictionsâ,Â âno side effects.â
- Tridev Pharma India: Nite Fall Capsules claims and visual implies that the product is meant to enhance sexual pleasure.
- Cure India Remedies: Claims that âget wet homeopathic drops for weakness, impotence, wet dreams, thin sperm.â
- Herbal Research Centre:Â Claims that âmade by Kshar-Lavan Vidhi a unique herbal churna take along with buttermilk or curd and see the difference in 15 daysâ,Â âancient ayurvedic discovery 100% safeâ, âreduce obesity without dieting and without exerciseâ. DMR violation.
- Nisha Herbal Private Limited: Nisha Herbal Products Range claims that âpsoriasis can be cured by Nisha Herbal's 5 medicines when taken together.â
- Synthiko Exports Private Limited: Only Me Plus Spray âdedicated to the art of lovemaking.â Product pack visual implies product mean to enhance sexual pleasure.
- Sri Sanjeevani Ayurvedam: Claims that it âtreats many diseases in 21 days.â
- Positive Healthcare: Claims that it is â100% effective homeopathic treatment (with guarantee card)â. Visuals of vitiligo are misleading.
- Population Health Services India: PHSI Khushi Oral Contraceptive Pill claims that it is the âBest Contraceptive Pill.â
- Laskhmi Ayurvedic Store: Claims that it âassured successful treatment of diabetes by herbs and ayurvedaâ
- Aditya Food Industries: Diab Rice claims that it is âmade from ayurvedic medicinesâ, âbest rice for diabetic patientsâ, âdiabetic patients of any age can consume this rice in any quantityâ.
- Vedayu Care & Research Foundation: Claims that âassured treatment of incurable diseases by self-developed rare herbal medicines means Vedayu Care and Research Foundation.â
- Keshav Herbs India: Bullet Gold Capsules claims that it is very beneficial in night fall,Â Â Â Â premature ejaculation, weakness due to sugar, joint pains.â
- Dr Dhillons Clinic: Claims that it cures âimpotency, premature ejaculation, less sperm count, underdeveloped penisâ, âscientific guidance and correct permanent treatmentâ, âhonoured by Government of India.â
- B. Lab Pvt Ltd: The Clear X advertisement of this product makes an impression which suggests changing complexion of skin.
- Sat Kartar Shopping Pvt Ltd: Dr. Madhu Amritâs commercial directly or indirectly gives a false impression regarding the product.
- Dr. Chavan Clinic: Gives homeopathic treatment, ayurvedic treatment, micro-dermabrasion, chemical peel therapy etc.
- Marico Limited: The logo âInternational Hair Research Certifiedâ 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.
- Lotus Eye Hospital & Institute: The advertisement claims that âLotus Eye Hospital and Institute has the LenSx machine, which is first in India.âÂ The machine is, âupgraded LenSxâ, âit can perform Corneal Transplant Surgeryâ. âIt can do Keratoconus treatment.â
TheÂ CCC found following claims in print ads by 5 differentÂ advertisersÂ were not substantiated violating the ASCI Guidelines for Advertising of EducationalÂ InstitutionsÂ and hence the complaints against the ads wereÂ UPHELD:
1.Â Â Â Â Â Â The Institute of Business Accountant: The advertisement claims that it is âIndia's No. 1 Accounting & Tax Training Instituteâ, â100% job guarantee with certified diploma.â
2.Â Â Â Â Â Â Guru Gobind Singh Indraprastha University: The advertisement claims that it is accredited A grade by NAAC (National Assessment and Accreditation Council).
3.Â Â Â Â Â Â SMEC Automation: The advertisement claims that âSMEC Automation is the largest marine automation company in Indiaâ, âSMEC 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 labsâ, âover 8,800 students successfully trained!â
4.Â Â Â Â Â Triumphant Institute of Management Education: Claims that it is the âBest Bet for CSATâ, âNational leader in aptitude test prep â 13 Lac+ students trained in the past 21 yearsâ, âMost comprehensive courseâ, â10 All India Mock CSAT.â
5.Â Â Â Â Â Â 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.Â The advertisements contravened ASCIâs Code.Â The complaints were UPHELD.
- 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.
- 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 itâs 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.
- Suman Proteins Private Limited: The advertisement of Suman Edible Oil Range claims that âKachighani Mustard Oil reduces 70% chances of heart disease by loweringÂ Â cholesterol.â
- Marico Limited: The advertisement of âSaffola Totalâ 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.
- Marico Ltd: The advertisement of Saffola Total claims that âSaffola Total has 2X anti-oxidant power than olive oilâ.
- 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 wasnât mentioned anywhere in the pamphlet, nor was there a generic disclaimer such as 'terms and conditions' apply.
Â Â Â Â Â Â Â Â Â Â Â 1.Â Naaptol: The advertisement claims that it is âIndia's No.1 Home Shopping Companyâ.
2.Â Pasta Bharat:Â 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.Â 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.Â Â Â Â Â Mahindra & Mahindra: The reference made to âChota Hattiâ along with the picture ofÂ âTataÂ ACEâÂ model shown in the ad, unfairly disparaged it directly.Â Also, the comparisons made in the Ad were not factual and were not substantiated.
5.Â Â Â Â Â Â 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.Â Â Â Â Â Jagran Prakashan: As per the complaint, the advertisement claims that DAINIK JAGRAN to be the ânumber 1 newspaper of Patnaâ.
7.Â Â Â Â Â Â Tractor And Farm Equipment Ltd: Advertisement displays the comparison between the Massey 7250 DI and Mahindra 575 DI.Â The Ad misleads the consumers by showing completely erroneous information about Mahindra 575 DI.
8.Â Â Â Â Â Power Soaps Limited: The Nature Power Soap TVC shows, âa group of men jeering at various girls as they step out of a bus. They comment on the girlâs personalityâ.