ASCI upheld complaints against 87 out of 117 advertisements
37 belonged to the Personal and Healthcare category, followed by 41 advertisements in the Education category and 9 advertisements from other categories
BestMediaInfo Bureau | Mumbai | November 26 2015
In August 2015, ASCIâs Consumer Complaints Council (CCC) upheldÂ complaints against 87 out of 117 advertisements. Out of 87 advertisements against which complaints were upheld, 37 belonged to the Personal and Healthcare category, followed by 41 advertisements in the Education category and 9 advertisements from other categories.
Health andÂ Personal Care:
The CCC found the following claims in health and personal care product or service advertisements of 37 advertisers to be either misleading or false or not adequately / scientifically substantiated and hence violating ASCIâs Code. Some of the health care products or services advertisements also contravened provisions of the Drug & Magic Remedies Act and Chapter 1.1 and III.4 of the ASCI Code. Complaints against the following advertisements were UPHELD.
- LG Electronics India Pvt. Ltd.Â (LG Water Purifiers): The advertisement of LG Water Purifiers claims, "Indiaâs only true water purifier" which was not adequately substantiated.
- Hindustan Unilever Ltd. (Pureit Ultima): The TVC of Pureit Ultima claims, âPureit Ultima RO+UV. Sirf is mein hai Purity Indicator jo saaf saaf dikhata hai ki paani kitna pure haiâ, which was false and misleading. Furthermore, the Print advertisement and Website claims, âPureit Ultima with Purity Indicator. Purity you can see!â was misleading by implication.
- LâOreal India Private Limited (LâOreal Fall Repair):Â The claims in the advertisement, âItsÂ Â triple action arginine nourishes hair from its roots, it reduces breakage, hair grow strongerâ and âSave up to 2000 hair strandsâ, were inadequately substantiated and were misleading by ambiguity.
- Lotus Herbals Limited (Lotus Herbals Youth RX): The claims in the advertisement, âA firmer and younger skin in just seven daysâ and âIn four weeks 96 percent of users have agreed that effects of ageing are almost goneâ, were inadequately substantiated.
- VLCC Ltd Healthcare: The claims in the advertisement, âListen to your DNA for weightloss. Presenting for the first time VLCC DNA Slim a scientific weight loss solution based on your DNAâ, âRunning 4KM daily helped your colleague Lose weight. But may only make you lose your coolâ and âLose four kilograms or get your money backâ, were considered to be misleading by exaggeration and implication.
- Sanzyme Ltd (Nutrus Slim Tea): The claims in the advertisement, âSlimâ, and âGreen Tea reduces the risk of Diabetes and Cancerâ, were not substantiated with clinical evidence.
- Dr. Amit Sharma: The claim in the advertisement, âCompletely cure HIV AIDS and any kind of cancer through Ayurveda treatmentâ, was not substantiated.Â Also, specific to the claim related to complete cure of Cancer, the TVC is in breach of the law as it violated The Drugs & Magic Remedies Act.
- Yogis Ayurveda: The claims in the advertisement, âSince 1944 Worldwide Safe & Successful Ayurvedic Herbal Treatment for Every one - Height increaseâ and âTakat Da Tohfa Kesar- Gold Course for newly married couplesâ, were not substantiated.Â Also, specific to the claim related to height increase and for claims implying enhancement of sexual pleasure, the advertisement is in breach of the law as it violated The Drugs & Magic Remedies Act.
- Parthvimeda Gau Utpad Pvt Ltd. (Pathmeda Products): The claims in the advertisement, âConsume Pathmeda gomutra ark regularly to get protected from the incurable diseases like obesity, Diabetes, Heart Diseases and Cancerâ, were not substantiated.Â Also, specific to the claims implying prevention of obesity, Diabetes, Heart Diseases and Cancer, the advertisement is in breach of the law as it violated The Drugs & Magic Remedies Act.
- Shreeji Herbal Products: The claims in the advertisement, âShreeji Herbal Products - Stops hair fall in 24 hours - Money back if no results are seen - 100% result on damage caused due to medicines of thyroid - Makes skin whiter in 20 daysâ, were not substantiated.
- Shree Baidyanath Ayurved Bhawan Pvt Ltd (Baidyanath Medohar Guggulu): The diagrammatic representations of before and after images shown in the advertisement and on the product pack were found to be misleading by exaggeration.
- Vaidic Clinic: The claims in the advertisement, â100% Ayurvedic Treatment by advanced technique - Premature Ejaculation - Night fall - Problem in penis â Impotency - Sexual weakness - Skin diseases â Arthritis - Female diseases â Piles â Obesityâ, were not substantiated. Specific to the claims related to treatment of sexual impotency, Obesity, the advertisement is in Breach of the law as it violated The Drugs & Magic Remedies Act.Â Â Also, specific to the claims related to treatment for Piles, the advertisement is in breach of the law as it violated Schedule J of The Drugs and Cosmetic Act, 1940 and Rules, 1945. The headline in the advertisement, â100% Ayurvedic Treatment by advanced techniqueâ, was considered to be misleading.
- Hair Doc Trichology Hair Clinic: The claims in the advertisement which states, âComplete Baldness Treatmentâ, âWhite Hair Controlâ, âSpecialized HDHT+ for 100% natural hair growthâ, âAwarded with Keshratnaâ, âStop Hair lossâ and âAdvanced Non-Surgical Mesotechnology for Hair Loss Controlâ, were not substantiated.Â The visuals of before and after the treatment were misleading.Â Specific to the claims related to complete baldness treatment (a condition referred in Schedule J of the Drugs and Cosmetics Act) is in breach of the law as it violated The Drugs & Cosmetics Rule 106.
- RV New Visions Healthcare Pvt Ltd: The advertisement states, âAfter research by Dr. Manju Ray of Kolkata (a reputed scientist of Bose Institute and felicitated by Government of India), the effectiveness of this treatment M.G. (Methy/Glyoxal) has been proved, which was successfully tested at Kolkata as well as at the Chinchwad based hospital of Lokamanya Group of Hospitals. This medicine works very well as complementary to the regular cancer medicines; and treats itâ, âSuitable for preventing regrowth of cancer tumor after removing it with surgeryâ, âIt acts as a complementary while starting radiation or chemotherapy, making it more beneficial and helpful in preventing its side effectsâ, âStarting this treatment immediately is effective when radiation or chemotherapy is not possibleâ, were not substantiated. Also, specific to the claims for Cancer prevention, the advertisement is in breach of the law as it violated The Drugs & Magic Remedies Act.
- Nityanand Herbals (Dia Nitya): The claims in the advertisement, âMiracle in the world Dia Nitya - For Diabetes - Instant relief - Made from traditional natural herbs - Helps in reactivating the beta cells - Helps in high consumption of glucose by cells - Works as insulin - No Side effectsâ,Â âOur aim to make the world diabetes freeâ,Â were not substantiated. Also, specific to the claims implying cure for Diabetes, the advertisement is in breach of the law as it violated The Drugs & Magic Remedies Act.
- Astha Ayurved: The claims in the advertisement, âSuccessful treatment of nil sperms/ less sperms, impotency, premature ejaculation, less stress, looseness, nightfall, semen in urine, less desire of sex, etc. Ovarian/Uterus clot, blocked ovary tube, irregular periods, leucorrhoea/ white discharge, lack of desire in women by ayurvedic techniqueâ, were not substantiated. Also, specific to the claims related to successful treatment for sexual impotency, the advertisement is in breach of the law as it violated The Drugs & Magic Remedies Act.
- Mardana Josh Range of Products: The advertisementâs claims, âMardana Josh Herbal Majun & Capsule - Increases masculine energy, provides stoppage, increases stimulation and potential, stops premature ejaculation, successful in curing physical weaknessâ, were not substantiated.Â Also, the advertisement claims read in conjunction with the advertisement visual implies that the product is meant for enhancement of sexual pleasure, which is in breach of the law as it violated The Drugs & Magic Remedies Act.
- Dilco Slimming Capsule: The claims in the advertisement, âDilco Slimming Capsule - Get rid of obesity, immediately - Reduce obesity - Reduce fat - Increase energy - Without any side effect - Without operation - Without crash dieting - Without yoga - Without any exerciseâ, âNow Obesity, will never trouble youâ, âObesity gets over with Dilco Slimmingâ, âWe have brought a natural and easy way to reduce weightâ, âDilco Slimming melts your fat like waxâ, were not substantiated.Â The visuals of before and after the treatment were misleading.Â Also, specific to the claims related to cure / prevention of Obesity, the advertisement is in breach of the law as it violated The Drugs & Magic Remedies Act.
- SMG HealthcareÂ (Sugar Haran Kit): The claims in the advertisement, âSugar Haran- For relief in sugar control, continue with your healthy life style, regular medicines, exercises, nutritious and balanced diet and take only ten drops of Sugar Haran per dayâ, were not substantiated.
- Weitrex Forte Capsule & Drops: The claims in the advertisement, âWeitrex Forte Capsule & Drops â Reduce Obesityâ, âNo Dietingâ and âNo Side Effects with pure ayurvedic treatmentâ, were not substantiated.
- Kiran Homeopathic Clinic: The claims in the advertisement, âSuccessful treatment of piles, stones, premature ejaculation in men, masturbation, weakness & impotencyâ, were not substantiated. Specific to the claims related to successful treatment for Piles, the Ad is in breach of the law as it violated Schedule J of The Drugs and Cosmetic Act, 1940 and Rules, 1945.
- Sultan Forte: The claims in the advertisement, âSultan Forte - For the lost energy, passion and stoppage in men/women - Beneficial in nightfall, bad nerves, erectile dysfunction, nil sperms & all kinds of sexual problemsâ, were not substantiated.Â Also, the advertisement claims read in conjunction with the pack visual implies that the product is meant for enhancement of sexual pleasure, which is in breach of the law as it violated The Drugs & Magic Remedies Act.
- Ramban Liquid: The claims in the advertisement, âGet Rid of Drinking - Use Ramban Herbal Liquid Medicine by Vedban Delhi. A person stops drinking forever by using this medicineâ, were not substantiated.
- Nirog Ayurvedic Center: The advertisementâs claims, âTreatment for Paralysis now completely possible in Himachal - Patients of Stroke, Non-functioning of legs, hands and tongue, facial muscle drop, loss of control overÂ urine & stool discharge and other dangerous initialÂ symptoms of paralysis like: stumbling, shocks, skin crawling, heaviness, numbness etc., can now be saved from paralysis by treating them with Ayurvedic Medicine developed by N.A.Câ,Â âThis medicine removes the dead blood cells and smoothens the blood circulations. It saves from being paralysed by curing the weakened cells after attackâ, âThis medicine has no side effects and can be consumed with Allopathic Medicines. Clear improvement can be seen within few hours in new patients and within few days in case of old patients by this medicineâ and âEpilepsy: Special medicine for all types of brain attacks, frothing in mouth, crooked neck, becoming moony, tongue not working, tremors, weakness of brain by balancing the cells and cures attacks. With the help of this English medicines stop slowly and graduallyâ, were not substantiated. Also, specific to the claims related to treatment/cure for Paralysis and Epilepsy, the advertisement is in breach of the law as it violated The Drugs & Magic Remedies Act.
- Laborate Pharmaceuticals India Limited (Pathri Nashak Range of Products): The advertisementâs claims, âHelpful in problems of all kinds of stoneâ, âHelps in dissolving stone by making it small and by which stone gets removed by the way of urineâ,Â âHelps in stopping the formation of stone and increases the functioning of kidneyâ,Â âBeneficial in curing all types of urine disorders, inflammations in urine etcâ, were not substantiated with clinical data to justify this particular composition for this proprietary product to provide the specific benefits as claimed.
- Claris Lifesciences limited: The claim in the advertisement, âIndustry best in Healthcareâ is false as it is ranked #2. The advertisement does not have a disclaimer qualifying the source and date of research for the claim made in the advertisement.
- Cure Sight Laser Centre: The claims in the advertisement, âWavelight EX-500 which is US FDA approved and can remove one eye number in just 1.4 secondâ, were not substantiated.
- Dharampal Satyapal Ltd. (Rajnigandha Pan Masala): The disclaimer in the TVC of Rajnigandha Pan Masala is not legible and contravened the ASCI Guidelines for Supers.
- Hindustan Unilever Ltd. (Fair & Lovely Menâs Fairness): The visual of âa model in the jeep without wearing seat beltâ as depicted in the TVC of Fair and Lovely Menâs Fairness shows an unsafe practice.
- BSY Noni India (BSY Noni Black Hair Magic): The claims in the advertisement, âNo more chemicalsâ, âNo more bye (black)â, âUsed confidently by people in over 28 countries across the Worldâ, âJust ten minutesâ, were not substantiated.
- Alaska Water Marketing (Amazing Water): The claims in the advertisement, âFirst Time in Indiaâand âAmazing Water - Anti-Oxidant - Anti-Ageing - 7 X Faster Hydration - Increase Performance & Energy - Enhanced Electrolyzed Alkaline Functional Water - More PH More Healthyâ, were not substantiated.
- Berryâs Skin Care Clinic: The claim in the advertisement, âWhite spots (Leukoderma), Psoriasis - Product awarded with Indira Gandhi awardâ, was not substantiated with authentic support data. The advertisement further claims the product to be the only Ayurvedic formula which gives 100% results. They further claim, âCure completely from its rootsâ, âNo chances for reoccurrenceâ, âNo need to consume medicines for yearsâ, were not substantiated. In addition to these claims, âCertified by Government of Dubaiâ, was not substantiated with authentic support data. Also, specific to the claims related to complete cure of White Spots, the advertisement is in breach of the law as it violated The Drugs & Magic Remedies Act.
- Abdan Â Â Â Â Â Â Â Â Â Â Â Pharmacare Private Limited: The claim in the advertisement, âAbdan Hair Tonic - Stops hair fall - Stop balding - Increases memory by dendrite cellsâ, was not substantiated with proof of efficacy.
- Torque Pharmaceuticals (U B Fair): It was concluded that the name âU-B Fairâ does not have FDA approval nor is it stated on the product licence.Â The name of the product itself presents it as a Fairness product (U-B Fair) and along with the claims in body copy of various advertisements, promotes its use for several cosmetic benefits. The product contains topical steroids which are potentially dangerous when used over a prolonged period. Thus, the name of the product âUB Fairâ and information provided in the advertisement was found to encourage its unsafe use. It was also concluded that the advertisement is misleading and is likely to exploit the lack of knowledge among consumers. In additions, specific to the reference of this âdrug productâ for fairness claim, the advertisement is in violation of Schedule J clause 18 of the Drugs and Cosmetics Act.
- Vishal Personal Care Pvt Ltd (Banjaras Hair Oil): The claim in the advertisement, âBanjaraâs Samvridhi Hair Oil with Ayurvedic herbs and oils that gives upto eight centimetre of hair growth in just eight weeksâ, was not substantiated adequately and was misleading by ambiguity.
- Johnson & Johnson Ltd (Aveeno Active Naturals): The claims mentioned on the pack and as cited in the complaint, state âAveeno Active Naturals are ingredients derived from natureâ for the declared active ingredient on the pack âDimethiconeâ which is not considered to be natural was false and not substantiated.
- Rafael Medicare Centre: The advertisementâs claim, âAn option beyond Bypass & Stents EECP Treatmentâ, is misleading since the indications for this treatment are limited. The advertisement also claims, âSafest, USA- FDA Approved Treatment for Chest Pain (Angina) & Heart Failureâ, which was not substantiated.
TheÂ CCC found that claims in the advertisements by 41 advertisersÂ were not substantiated and, thus, violated ASCI Guidelines for Advertising of EducationalÂ Institutions.Â Hence complaints against these advertisements wereÂ UPHELD.
- Personaliteez: The advertisementâs claim, âMaking 2 lakhs per weekendâ, was not substantiated.
- Peoples Empowerment Group - ISB&M School of Technology: The claims in the advertisement, â100% Placementâ and âISB&M School of Technology Ranked 8th in Emerging Engineering Institutes in Indiaâ, were not substantiated.
- NIPSÂ School of Hotel Management: The claims in the advertisement,Â âWorld Record Holderâ,Â âRanked No. 1 Eastern India the Pioneer Newpaper 2014â,Â âBest Placement Award- By South Asian Academy, New Delhi, 2012â,Â âRanked No. 2 Among India's Private Hotel Management Institute - The Pioneer Newspaper â 2013â,Â âHolder of Limca, Asia & India Books Of Recordsâ,Â âEastern India's Best Hotel Management College- Awarded By Brands Academy, New Delhi â 2013â, âWinner 8th National Education Award- Awarded by NEA, New Delhi- 2014â,Â âWinner National W.B Education Award- Awarded by NEA, New Delhi â 2014â and âWorldwide Hospitality Award- Awarded by WWHA, Paris, France- 2003â, were not adequately substantiated with evidence.
- The Mentorâs Academy: The claims in the advertisement stating, âGet a reputed Government job. Get Bank, Railway, Police etc. in just one day examâ, and â100% Money Back Guaranteeâ, were not substantiated.
- CL Educate Ltd (Career Launcher): The claims in the advertisement stating, âCAT Test Series â The No.1 CAT Test Series Programâ, âMost recommended test seriesâ, âRated the best by studentsâ and âTrue percentile predictorâ, were not substantiated adequately.
- SCMS School of Engineering & Technology: The claim, âKerala's No. 1 Engineering College (SF) in quality and excellenceâ, was not substantiated with comparative data.. The claim, âSCMS is ranked No. 1 in all ranking surveys conducted by RECCA-NITâ, was not substantiated with supporting data and also the claim is misleading by omission of what the ranking was specific to.
- Invertis University: The advertisement claims, âNational Education Award 2014 for Outstanding B-School & Engg. Univ. â ABPâ, â4 Star Ranking - The Pioneerâ, âBharat Shiksh Ratan â Velidicted by GAF, Delhiâ and âBest Emerging University Of North India - Indian Achievers Podiumâ, were not adequately substantiated and were misleading by omission of disclaimers.
- Career Institute for Commerce & Accounting: The claim in the Advertisement, âAIR-26, 30, 36, 37, 41, 42â as a declaration is considered to be fake and not substantiated with supporting data.
Complaints against advertisements of all educational institutes listed below mostly are UPHELD because of unsubstantiated claims that they âprovide 100% placement/AND/OR they claim to be the No.1 in their respective fieldsâ:
Vidyalankar Classes, Vivekananda Degree & PG College, Aim Entertainment Acting Academy, Learn & Earn Academy, Master of Science Information & Technology, Mediit Educational Institute, ADCC Infocad Private Limited (ADCC Academy), Wisdom Institute, Sri Shakthi Institute Of Engineering & Technology, Ponjesly College of Engineering, Vidyalankar Classes, One Dream, Blue Bells Innovative School, UEI Global Education, Tajinder Bhatia Achieve Max, Vidya Knowledge Park, MIST Plus, Happy Child College of Nursing, Sai Wellness Education, The Prayag International Institute of Hotel &Tourism, All India Computer Trainers Association, IPCA Accountancy, Millennium Institute of Management, Banda Para College Medical, KIPM College of Engineering & Technology, ISC CNC Training Centre, Chalapathi Institute of Pharmaceutical Sciences, National Power Training Institute Corporate Centre, Centre for Bioinformatics, SKML Defence Academy, Mangayarkarasi Educational Trust (Mangayarkarasi College of Arts & Science), NIV Foundations (NIV School of Hospitality Management) and Vivekananda Institute of Professional Studies (Delhi School of Business).
- HSIL Limited (Hindware Ensemble Kitchen): The claim in the advertisement, âAir Flowâ1200 m3/hrâ, was not substantiated with supporting technical data.
- Bharti Airtel Ltd. (Airtel Broadband): The claim offer of âAirtel Broadband â 60 GB @ Rs.1099 with unlimited callsâ, was not substantiated with evidence of the customers who have availed this scheme.
- Amazon Kindle: The advertisement claiming price off of Rs 1000/- from Rs. 5999 to Rs 4999 in large prominent font shown for an image of the product costing Rs.8999/-Â is misleading by implication regardless of the disclaimer (in fine print), âDevice shown in Image is Rs.8999/-â.
- Corona Plus Industries Limited (Plus Easy Washing): The claims in the point of sale material (POSM) of Plus Easy Washing state, âRs. 5 Ke Chote, Patle Sabuno Se Dhulai Badi Kashtdayi Hainâ,Â âApko Badi Rahat Dega, Kashtdayi Dhulai ko Asaan Karta Hain Aur 66% Jyaada Kapde Asani Se Saaf Dhulte Hainâ, were not substantiated with comparative data against competition products.Â The claims used in conjunction with the images of the competition products in the POSM is denigrating and disparaging competition.
- Carlsberg India Limited (Tuborg Zero): The advertisement was a surrogate advertisement for a promotion of a liquor product â Tuborg Zero.Â The advertiser did not provide the annual market sales data of the product/service advertised, thus the advertisement contravened Chapter III.6 (a) (b) of the ASCI Code and the Guidelines for Brand Extension product or service.
- 3M India Limited (3M Car Care): The advertisement visual showing a car splashing water filled on the road, encourages people to indulge in dangerous practices without justifiable reason.
- City Broadband: The claim in the advertisement, âIndia's No.1 Leading Internet Service Providerâ, was not substantiated.
- John Distilleries Pvt Ltd (Original Choice): The advertisement shows a bar situation with coloured liquid in bottles/glasses which appears to be a direct promotion of liquor product â Original Choice.Â The advertisement is misleading by implication and contravened Chapters I.4 andÂ III.6(b) of the Code (âWhether there exists in the advertisement under complaint any direct or indirect clues or cues which could suggest to consumers that it is a direct or indirect advertisement for the product whose advertising is restricted or prohibited by this Code.â).Â Also, the advertisement did not meet the requirements as per ASCI's Guidelines for Qualification of Brand Extension Products and thereby contravened Chapter III.6 (a) of the ASCI Code.
- Manappuram Finance Limited: In absence of a disclaimer to indicate that the earlier scheme of 5% reduction in interest rate has been extended to other branches, the advertisement is misleading by omission.
Erratum Notice: ASCIâs July 2015 Upheld CCC Decisions press release mentioned the CLAT Possible advertisement in the Education sector. We would like to specify that this complaint was subsequently reviewed by the CCC on additional data being provided by the advertiser. Hence, on review, the claims were substantiated and the complaint against the advertisement was not-upheld.