ASCI upheld complaints against 42 out of 79 ads in December
Eight belonged to the Healthcare category, nine to the Education category, seven in E-commerce, and three in Telecommunication and Broadband category
BestMediaInfo Bureau | Delhi |Â March 4, 2016
In December 2015, ASCIâs Consumer Complaints Council (CCC) upheldÂ complaints against 42 out of 79 advertisements. Of the 42 guilty ads, eight belonged to the Healthcare category, nine to the Education category, seven in the E-commerce category, three in Telecommunication and Broadband category and 15 were from other categories.
The CCC found the following claims in health care product or service advertisements of 8 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.
- Life cell International Private Limited (Stem cell Banking): The advertisementâs âGynaecologists Recommendedâ claim support data was not considered to be recent and inadequate to make such claim currently. Also, the source of the research study was also not quoted in the advertisement. Further the advertisement states, âLife cell the #1 Cell Bankâ was not substantiated. The claim in the advertisement, âChoice of over 1, 30,000 parentsâ was not substantiated and was misleading by ambiguity as this number of samples preserved need not correspond to 1, 30,000 parents as one parent could have provided more than one sample.
- Shathayu Ayurveda (Manage Diabetes by Ayurveda Panchakarma - Detox): The claims in the advertisement, âManage diabetes by Ayurveda Panchakarma (detox)â, âPacifies/Prevents the diseasesâ, âImproves strength & complexionâ and âIncreases immunityâ, were not substantiated.
- M/S SA Safiullah & Co. (Nizam Pakku): The advertisement is about taking arecanuts. The voiceover of a child in the advertisement is likely to encourage minors to consume the product which could cause harm to them.
- Iqra Herbals (IH3 Capsules-Penis Enlargement Capsules): The claims in the advertisement, âNo need to be averageâ, âAdd size to your manhoodâ and âBest Productâ, were not substantiated with product efficacy data. Also, the claims read in conjunction with the advertisement visual, imply that the product is meant for enhancement of sexual pleasure, which is in breach of the law as it violates The Drugs & Magic Remedies Act.
- Iqra Herbals (NightKing Delay Liquid): The claims in the advertisement, âLast upto three hours in bedroomâ and âGuaranteed Productâ, were not substantiated. Also, the claims, read in conjunction with the advertisement visual, imply that the product is meant for enhancement of sexual pleasure, which is in breach of the law as it violates The Drugs & Magic Remedies Act.
- Iqra Herbals (Virgin Again): The claims in the advertisement, "Get your teenage backâ, âTighten & restore grip of loose vagina in minutesâ and âGuaranteed Productâ, were not substantiated. Also, the claims read in conjunction with the advertisement visual, imply that the product is meant for enhancement of sexual pleasure, which is in breach of the law as it violates The Drugs & Magic Remedies Act.
- Baljiwan Medicines (P) Ltd (Baljiwan Ghutti): The advertisement of baby health tonic Baljiwan Ghutti showcases their product mentioning original and adjacent to it a different packing is displayed with a cross on it, mentioning âNakliâ (fake). In absence of valid supporting data to prove that the product being depicted in the advertisement as âNakliâ (fake), the advertisement directly and unfairly denigrates the other product.
- Apollo Heart Centre (Heart Blockages treatment without Operations): The claims in the advertisement, âHeart Blockages treatment without operationâ, âto increase pumping capacity of Heart (Ejection fraction) by EECP Machineâ, âGuaranteed resultsâ and âUS FDA approved therapyâ, were not substantiated.
TheÂ CCC found that claims in nine advertisements were not substantiated and thus, violated ASCI Guidelines for Advertising of EducationalÂ Institutions.Â Hence complaints against these advertisements wereÂ UPHELD.
- Shyamli Institute of Hotel Management: The claims in the advertisement, ârecognition of hotel management courses by UGC & AICTEâ, âUGC & AICTE approvedâ and âjob guaranteeâ (Naukri Sunishit) were not substantiated.
- Knowledge Station India Private Limited (The Santa Kidz): The advertisementâs claim, âRajasthan's No. 1 Schoolâ, was not substantiated with supporting comparative data versus other institutes. Also, the claim, âIndiaâs 1st Brain School with D.M.I Technologyâ, was not substantiated and was considered to be misleading by ambiguity as the advertisement does not give any credible references to authenticate the D.M.I. technology or how the school provides the implied unique brain development benefits of D.M.I Technology over conventional practices followed in other schools.
- Triumphant Institute of Management Education Pvt Ltd: The claims in the advertisement, â2116 T.I.M.E students into the IIMs alone â a total of 7379 final selections in CAT- 2014â and âProcess and Results validated by an independent third party on 21/09/2015â, were not substantiated.
- Triumphant Institute of Management Education (TIME Tuitions): The advertisementâs claims, âT.I.M.E., the national Leader in entrance exam training with 200+ centres across Indiaâ was not substantiated with supporting data.
- Triumphant Institute of Management Education (Aqua Regia the Science Quiz 2015): The claim in the advertisement, âAqua Regia the Science Quiz 2015 - Certified by Guinness World Records & Limca Book of Records as the Largest Quiz Everâ, was not substantiated with supporting data.
- CATKing (CLAP Digital Marketing Course): The claims in the advertisement with reference to Mr Rahul Singh - âHe pursued his MBA from SP Jain Institute of Management & Research, Mumbaiâ, âHe also achieved a degree in Master of Information Technology from Virginia Techâ, and âCertification from a Harvard Business School Alumniâ, were false, not substantiated with evidence, and were misleading.
- Triumphant Institute of Management Education (Times Google Search Result Validation): The claim in the advertisement, âBest Coaching Institute for CAT, GATE, Bank Exams, CSATâŠ.â is an absolute claim and was not substantiated with comparative data versus other institutes.
- CL Educate Ltd (CAT 16/17 Program): The claims in the advertisement, âYour Gateway to IIMâ, âClosest to CATâ, â9629 IIM Calls by CL students in CATâ14â, âThe most comprehensive CAT â16/17 classroom programâ, were not substantiated with supporting data.Â Also, the claim, â9629 IIM Calls by CL students in CATâ14â, is misleading, as it does not match with the CA report on pages 6, 7, 8 â Clause 6 â Conclusion, the total adds up to 8793 only as against 9629 IIM calls as claimed in the advertisement.
- Mahendra Education (Mahendraâs No.1 Institute): The claim in the advertisement, âNo. 1 Institute in Indiaâ, was not substantiated.
- Seven Mantras: The claim in the advertisement, âDelivery Charges Rs.99/- extraâ, was found to be false.
- Snapdeal: The claim in the advertisement, âfree deliveryâ was not substantiated.
- OLX India (Olx.in): The phrase âkahan se kharchega paise, baniye ka jo poot hai, aadhe khakhe diya dhaba jisme dry fruits haiâ used in the advertisement was deriding a certain caste of people (baniya).
- OLX India (OLX.in â sell scooter n buy bike): The visual of âa police inspector riding a bike without a helmetâ as shown in the advertisement, promotes an unsafe practice.
- Koovs Marketing Consulting (KOOVS.com): The scenes in the advertisement - âa girl jumping from a top floor of a building to a shirt which is hanging in the air, a girl jumping from a balcony and falling down a few floors down across the staircase, a boy jumping down from the balcony straight into the outfit, without justifiable reasons show and encourage dangerous practices, manifest a disregard for safety and encourage negligence. Regardless of the disclaimer, the advertisement contravened the ASCI Codes due to the objected visuals being shown.
- Uber India (Uber Cabs): The claim in the advertisement, "Switch to Uber @ Rs.9/-per km period", was not substantiated and was also misleading by omission of any disclaimer that other additional charges are also being charged per minute/per trip.
- One Mobikwik Systems (Mobikwik Cashback Offer): The claim in the advertisement, âCashback offerâ, was not substantiated.
Telecom & Broadband
- Bharti Airtel (50% Cash back): The advertisement by Airtel showcases a girl entering a room of friends in the night and tells them to use internet on their phone in the night because they will get 50% cash back the next day. Regardless of the disclaimer, the word âCash Backâ in the claim â50% cash back on night internetâ is incorrect and is misleading.
- Bharti Airtel (Unlimited songs for free): The advertisement claims âunlimited song downloads for free on Airtelâ, is misleading by ambiguity as the data plan is required to be purchased and the âdownload activityâ for the unlimited music is also not free as there is an applicable data charge.
- Bharti Airtel (50% data offer): In the advertisement, Airtel claims â50% data offerâ during night time from 12am to 6am. The language of the super in the advertisement was not in Hindi and the hold duration of the disclaimer in the TVC was less than 4 seconds. Thus, the TVC contravened the ASCI Guidelines on Supers.
- Tata Steel (Tata Shaktee steel roofing sheets): The advertisementâs claim, âusage of Asbestos roofing sheets is hazardous to healthâ, was not substantiated and was found misleading by gross exaggeration. The advertisement also claims, âSuperior in qualityâ, which was not substantiated. Also, the visual of asbestos roofing with a hole was considered to unfairly denigrate asbestos cement sheets.
- Devi Lal Tantrik: The claims in the advertisement, âDevi Lal Tantrik â specialist in love marriage, vashikaran, videsh mein pakka hone main rukavat, naukri, karobar, lottery, sattaâ, were false, misleading by exaggeration, and these claims exploits consumersâ lack of knowledge and are likely to lead to grave or widespread disappointment in the minds of consumers.
- Honda Cars India (Honda Amaze): The claims in the advertisement, âlowest turning radiusâ, â25.8 kmplâ, and âHigh Ground Clearanceâ, were not substantiated. Also, the Super hold duration did not meet the ASCIâs Super Guidelines, and the disclaimer in the advertisement was not legible.
- Agarwal d2d Packers and Movers.: The claim in the advertisement, â60% people in the country Shift through usâ, was not substantiated.
- Bharti Axa Life Insurance (Bharti Axa Life Invest Once): The advertisement claims, â10 guna life coverâ, âTax benefitsâ and âUp to 9% guaranteed additionsâ, was found incorrect. In a scene in the advertisement showcasing the couple âonly contemplatingâ, as argued by the advertiser, was found to be wrong as the advertisement shows the couple ending the confusion by accepting the pitch for the product. Buying the advertised product for âConfusion Ka Endâ makes fun of the decision making process for investing money. The advertisement also claims âwith life insurance get the investment benefit tooâ which was found incorrect. The advertisement picking up one aspect for comparison FD (taxable), Gold (rates down), equity investment Markets (volatility) to push âConfusion Ka Endâ with Bharti AXA Life Invest Once was considered unjustified.
- Microtek International (Microtek Inverter UPS): The claim in the advertisement, âYe itni bijali bachae ke 3 sal me ho jaye freeâ (âSaves so much electricity so that it becomes free in 3 years by saving electricityâ) was not substantiated with comparative data.
- KFC Corporation (Offer of 2 pcs of chicken for Rs. 99/-): Regardless of the disclaimer in the advertisement, the advertisement shows the picture of a Burger and 2 chicken pieces read in conjunction with the offer of â2 pcs for Rs.99/-â, prominently displayed, is misleading by implication that the whole package costs Rs.99/- (discounted price).
- Kwality Confectioners & Bakery (India) (Brown Bread): The claims in the advertisement, âYour way to natural healthâ and âHigh fibre and low caloriesâ, were not substantiated with technical data and are misleading by ambiguity.
- Manju Groups (Manju Groups Bhavishya Beach): The claim in the advertisement of the real estate company, âManju Group project (Bhavishya Beach) is situated in Pondicherryâ, was not substantiated.
- Ruparel Group (Ruparel Reality): The claims in the advertisement, âproject approved by leading financial institutions and all government approvals receivedâ, were not substantiated. Also, the claim when read in conjunction with the disclaimer is misleading; as the disclaimer states that âthe features mentioned in the advertisement are only indicative of the kind of development proposed and are subject to approvals from respective authoritiesâ.
- The Wadia Group (Bombay Reality): The claim in the advertisement, âproject approvals receivedâ, was not substantiated. Also, the claim when read in conjunction with the disclaimer is misleading, as the disclaimer states, âthe plans, specifications, Visuals, images, dimensions, etc., are indicative and strictly for representation purposes only and are subject to approval from the competent authoritiesâ.
- Colgate-Palmolive India (Colgate): The scene in the advertisement showing âtwo young school students kneeling on the school floorâ, is in violation of Article 21 of the Protection of Children against Corporal Punishment in Schools and Institutions. Also, the advertisement is likely to result in the physical, mental or moral harm of the children.
- Marico Ltd (Nihar Shanti Amla Hair Oil): The advertisementâs claim â500% jyada Vitamin Eâ was found misleading. The choice of comparison with a product that does not contain Vitamin E confers an artificial advantage upon the advertiser and there is likelihood of consumer being misled. Also, such comparison unfairly discredits Dabur Amla product.
- Times Broadcasting Ltd (ET Now): The advertisement claims, âNo.1 Now an Undisputed leaderâ and âNo 1 Week after Weekâ. ET Now has used weekly data to claim leadership position. This is in violation of BARC India Ratings â Principles of Fair and Permissible Usage, which state that âThe period of comparison must cover at least four consecutive weeks of data". Thus, the advertisement promo also contravened Chapter I.3 of the ASCI Code.
- British Broadcasting Corporation (BBC World News): The claim in the advertisement, âBARC says we are Indiaâs No.1 English news brandâ, violates the Guidelines of BARC under Measurement & Comparison and also contravenes the ASCI Code.