ASCI upheld complaints against 51 advertisements
The Concumer Complaints Council of the ASCI upheld 51 of the 102 complaints lodged against advertisements in January 2016, of which 13 ads were from the education category
BestMediaInfo Bureau | Mumbai | April 6, 2016
The AdvertisingÂ Standards Council of India (ASCI), aÂ self-regulatory organization for the advertising industry, upheld 51 complaints of the 102 lodged before its Consumer Complaints Council (CCC) in January 2016. Of the 51 advertisements against which complaints were upheld, 13 were from the Education category, 12 from the Food and Beverages category, 11 in the Healthcare category, six in the E-commerce category and nine advertisements were from other categories.
Health and personal care
The CCC found the following claims in health care and personal care product or service advertisements of 11 advertisers, to be either misleading or false or not adequately / scientifically substantiated and hence, in violation of 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 by the council:
- Bavishi Fertility Institute (100% guarantee in IVF): The advertisementâs claim, â100% Money Back Guaranteeâ, was not substantiated by providing details of the money back package plans and the workings of how the entire treatment expenses are refunded. Also, the headline claim, âAb koi Nisanthan na raheâ, when read in conjunction with the claim of â100% money back guaranteeâ, appears to be false and misleading in absence of declaration of the failure rates of the procedure and the need for multiple attempts for success. It was further concluded that the headline âAb koi Nisanthan na raheâ is misleading and implies guaranteed cure for infertility, which is in breach of the law as it violates the Drugs & Magic Remedies Act.
- FutureValue Products Pvt. Ltd. (Dr. Back Orthopedic Mattress): The claim in the advertisement, âDr. Back Orthopedic Mattress cures back acheâ was not substantiated and in absence of this data, the advertisement was considered to be misleading by ambiguity.
- Emami Ltd. (Kesh King Ayurvedic Medicinal Oil): The claim in the advertisement, âBejod upaayâ as translated in English, âUnmatched solutionâ was not substantiated with clinical evidence of the product â especially for the claim related to premature greying of hair. This claim, when read in conjunction with the claim, âcomplete careâ implies total cure for hair problems which was misleading.
- Dabur India Ltd. (Dabur Vatika Enriched Coconut Oil): The claims in the advertisement, âVatika Enriched Coconut Hair Oil provides body & radiance while taking care of the critical balance of nutrients. Unlike ordinary coconut oil, Vatika's coconut oil is enriched with the goodness of 8 time-tested herbs. They work magic on your hair, giving your hair & scalp complete nourishment for that problem free, healthy crowning glory.â were not adequately substantiated with product and ingredient specific data.
- Mosons Extractions Pvt. Ltd. (Indulekha Bringha Oil): The claims, âIndulekha Bringha Oil or simply Bringha oil is complete ayurvedic hair oil to all modern day hair problems. In Ayurveda hair care involves two stages. Kesapadasamanam (hair fall reduction), Kesavardhanam (stimulate new hair growth).Â There are specific herbs and natural elements that are prescribed in Ayurveda to prevent hair fall and promote new hair growthâ, were not substantiated.
- Uttam Dawakhana: The claim in the advertisement (in Hindi), as translated into English, âwith Vanaspati oil and unaniraambaan medicines, 100% satisfaction of sexual problemsâ, was not substantiated. Also, specific to the claims implying treatment for sexual problems, and advertisement visual implying enhancement of sexual pleasure, the advertisement is in breach of the law as it violates the Drugs & Magic Remedies Act.
- Patanjali Ayurved Limited (Youvan Gold Plus): The claims on pack of Youvan Gold Plus, âAn authentic powder booster Ayurvedic Medicine useful in physical & sexual weakness which improves libido, vigour & vitality, sexual power. Keeps you always healthy, energetic & gives you total satisfaction of married lifeâ, were not substantiated and 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.
- Dr. Reddyâs Laboratories Ltd. (Hairootz): The claim in the advertisement âyour hair is starvingâ was not substantiated and no product efficacy data was submitted to demonstrate how the advertised product nourishes hair. Further, the advertisement claims âMinerals to keep brittle and greying hair nourishedâ, â20 x more effective anti- oxidants derived from grapeseed extractsâ. There was no rationale provided for choosing the particular product composition. Thus, the claims were considered to be misleading by ambiguity and implication. In addition, the claim âDermatologist recommended brandâ appearing on pack visual was not substantiated.
- Rajasthan Aushdhalaya Pvt. Ltd. (Dr. Relaxi Oil & Capsule): The claims in the advertisement, âPrescribed by thousands of Doctorsâ, âThe only remedy for joint painsâ and âLargest selling medicine for joint painsâ, were not substantiated.
- Shree Baidyanath Ayurved Bhawan Pvt. Ltd. (Rheumartho Gold Plus Capsules): The claims in the advertisement, âGold Bhasma is the most powerful & effective ingredient for Chronic Pain Managementâ and âIt has been widely accepted in the Western World for Modern Medicineâ, were not substantiated.
- Rajnish Hot Deals Pvt. Ltd. (Play Win Capsule): The claim in the advertisement regarding enhancement of sexual capability read in conjunction with the visuals (including the pack shot), is in breach of the law as it violates the Drugs & Magic Remedies Act.
Food and beverages
- Dabur India Ltd. (Dabur Chyawanprash): The claim in the advertisement, âeating Chyawanprash will protect us from pollution by building immunityâ, was not adequately substantiated. Also, though the TVC was in Hindi, the voiceover/supers were in English. The TVC contravened Chapter I.1 of ASCI Code and ASCI Guidelines on Supers
- Patanjali Ayurved Ltd. (Patanjali Pure Cowâs Ghee): The reference to âKeratinâ content in Cowâs milkâ in the advertisement was found to be an error. The word Keratin was used instead of âCaroteneâ and the claim âScientific fact: Cow's milk contains Keratinâ was incorrect.
- Patanjali Ayurved Ltd. (Patanjali Atta Noodles): The claim in the advertisement, âOil Freeâ was not substantiated and is misleading by implication.
- Jivo Wellness Pvt. Ltd. (Jivo Canola Oils): The claims in the print advertisement, âApproximately 4 people may be dying per minute because of heart problem and 2 people every minute of diabetes. Surely YOU do not want to be one among 66.8 Million diabetes patients in Indiaâ âLet your head be where your heart isâŠin the lap of CANOLA HEALTHâ
âMake no compromise when it comes to health of yourself and familyâ âBring the worldâs most preferred and Healthiest Choice â Canola Oil in your kitchenâ âA slight Lifestyle modification can save you from so many health problemsâ âWhy Canola Oil is a better choice as your cooking oilâ âIn United States, Canola is the second most consumed oilâ, âIn Canada, over 70% of the population uses nothing but Canolaâ, âIn Japan, over 50% of the population swears by Canolaâ were not substantiated and were misleading by exaggeration and implication. Further, the website claims âHeart Smartâ, âBoost Memoryâ, âEffective in diabetesâ, âReduce Belly Fatâ, âEffective On Cancerâ, âRejuvenate Jointsâ, âReduce High B.P.â were not substantiated and were misleading by exaggeration and implication.
- Dabur India Ltd. (Dabur Honey): The claim in the advertisement, âRanked No.1 on Qualityâ was not substantiated for the âqualityâ aspect.
- Kunnath Pharmaceuticals (Musli Power X-tra): The claim in the advertisement, âTo boost immunityâ, was not substantiated.
- Ruchi Soya Industries Ltd. (Sunrich Refined Sunflower Oil): The claims in the TVC (in Kannada), as translated into English, âSunrich is healthier than the one cooked in the other oilâ, âSunrich Refined Sunflower Oil is clearer, lighter and healthier because of the unique seven stage refining process it goes through, which clears all impuritiesâ, âFood cooked in Sunrich absorbs 15 per cent less oil and that it has zero cholesterol and is fortified with Vitamin A & Dâ, were not substantiated. In addition, the claim, âOther Oils for Name Sake only is Pureâ, by implication is unfairly denigrating the competitorâs brand âSunpureâ.
- Perfetti Van Melle India Pvt. Ltd. (Center Fruit Endless): The visuals in the advertisement showing two children running behind a bus by looking at the picture of a chocolate in a busy street with vehicles in motion, encourages people, especially children, to indulge in dangerous practices without justifiable reason and manifests a disregard for safety. Regardless of the disclaimer, the advertisement sends out a wrong message.
- Coca-Cola India Pvt. Ltd. (Coca-Cola Zero): The disclaimer in the advertisement of Coca-Cola Zero was not as per the size stipulated in the ASCI Guidelines for Supers. It was concluded that disclaimer in the advertisement is not clearly legible. The advertisement contravened the ASCI Guidelines on Supers.
- Inbisco India Private Limited (Joymee Noodles): The visual in the TVC of Joymee Noodles showing perfect round shaped onion rings as topping is misleading by gross exaggeration.
- Vishnu Pouch Packaging Pvt. Ltd. (Vimal Pan Masala): In the TVC, website/internet advertisement, showcases actor Ajay Devgan celebrating 25 years of Vimal Pan Masala and is seen spraying saffron on other people. He is seen telling people that the celebrations would continue and they would surprise everybody. It was concluded that minors are very likely to be exposed to the TVC and the internet advertisement. Both, the product pack and the TVC, has in it, as per FSSAI rules a health warning that âPan Masala is injurious to healthâ. The advertisement has presence of a celebrity from the field of cinema which would have a significant influence on minors who are likely to emulate the celebrity in using the product. The website/internet advertisement contravened Chapter III 2 (e) of the ASCI Code which specifically states that Advertisements âshould not feature personalities from the field of sports, music and cinema for products which, by law, either require a health warning in their advertising or cannot be purchased by minorsâ.
- The Annapurna Group (Annapurna Ghee): The voiceover sounding as âWhat the Fuck!â in the TVC is offensive.
TheÂ CCC found that claims in 13 advertisements were not substantiated and, thus, violated ASCI Guidelines for Advertising of EducationalÂ Institutions.Â Hence complaints against these advertisements wereÂ upheld.
- Rice Education: The claim in the advertisement, âThe Best Training for Govt. Jobs Examination,â is an absolute claim and was not substantiated with supporting comparative data versus other institutes.
- Adamas Career: The claim in the advertisement, âThe Best Choice for Medical and Engineering Entrance Examination,â was not substantiated.
- TathaGat (MBA Entrance / CAT coaching): The claim in the advertisement, âTathaGat is Delhiâs most successful MBA Entrance / CAT coaching institute for last 5 years nowâ, was not substantiated.
- Think & Learn Pvt. Ltd. (Byjuâs Cat Coaching Institute): The claims in the advertisement, âBest CAT Coaching Institute in Delhiâ, and âCAT Coaching by Indiaâs Best Trainers, Byju and Santoshâ, were not substantiated.
- Think & Learn Pvt. Ltd. (Byjuâs Classes): The claim in the advertisement, âJoin the best coaching for CAT and boost your CAT preparationâ, was not substantiated.
- IMS Learning Resources Pvt. Ltd. (IMS CAT Coaching): The claim in the advertisement, âUndisputed market leader in the field of Mgmt Entrance Trainingâ, was false.
- Bulls Eye: The claims in the advertisement, âHighest selection/conversion ratio in the industryâ, âBest free prep website in Indiaâ, âBulls eye test series is the bestâ and âBest free MBA preparation website in Indiaâ, were not substantiated.
- CL Educate Ltd. (Career Launcher): The claims in the advertisement, âCL, No.1 CAT coaching institute with 9629 IIM Calls in CAT'14. Best MBA prep for CAT, IIFT, XAT, NMAT, SNAP Exams,â âBest MBA prep for CAT, IIFT, XAT, NMAT, SNAP Examsâ were not substantiated. The claims were misleading by exaggeration.
- Shanti Business School: The claims in the advertisement, â100% Placements (misprinted as 1 0%)â and âAverage Package - INR 4.65 LPAâ were not substantiated and when read in conjunction, were grossly misleading by implication of availability of higher salary packages.
- National Banking Academy: The claim in the advertisement, âNo.1 institute for BANK &
SSCâ, was not substantiated.
- Career Launcher Ltd. CATâ16/17: The claim in the advertisement, â9629 IIM calls in CAT
2014â, was not adequately substantiated and was misleading by ambiguity and omission of
mention of number of students.
- Mewar Classes (Crash Course): The claim in the advertisement, âNo. 1 coaching in Bhilwaraâ, was not substantiated.
- Sriram Law Academy: The claim in the advertisement, âSriram student secure All India 1st Rank for 12th year in a row!â, was not substantiated adequately and is misleading by ambiguity, as the advertiser does not mention the name of the test/exam in the advertisement, and has not submitted supporting data to prove that the photographs of students shown were actually 1st rankers and were from Sriram Law Academy.
- PortaMart (Flip cover for Xolo Black 1x): The claim offer of, âFlip cover for Xolo Black 1x - in stock â Rs. 249/-â, is false. Also, the claim offer distorts facts and is misleading, as the product is actually not in stock and the advertiser is offering an alternative product in replacement of the same.
- Xeroin Retail Pvt. Ltd. (Jabong.com- Offer of extra 30% Off): The claim in the advertisement, âShop from app and get extra 30% off on minimum purchase of 2999, use code EXTRA30â, is false, and misleading by omission of the mention of the validity of the offer.
- Amazon.com, Inc. (AdraxxCrosman Roof Prism Binoculars): The discrepancy between the specification declared on the Amazon.com web-site for AdraxxCrosman Roof Prism Binoculars, and the specification mentioned on the product visual led to the conclusion that the advertisement is misleading.
- Ibibo Group P. Ltd. (redBus.in): The claim in the offer, âMumbai to Goa Rs. 350/-â, is not substantiated with ticket reservation history corresponding to the period when the complainant visited the portal and is misleading.
- HolidayIQ.in (Sweepstakes Offer): The Sweepstakes lucky draw contest was misleading by omission of mention of the date of execution and the date of announcements of winners of the lucky draw. The website contents did not show the T&C of the offer.
- Facebook India (Facebook Free Basics): The claim in the advertisement, âFree Basics is at risk of being bannedâ was considered to be misleading by exaggeration. Further, the claim in the advertisement, âThrough a trial of Free Basics by Facebook, Ganesh learnt new farming techniques that doubled his crop yieldâ, the farmerâs interview / testimonial is not an adequate substantiation for the claim quantifying doubling of crop yield directly attributable to the Free Basics trial by the farmer. Also, it was not conclusively proven what the crop yields were prior to Ganesh using internet and post using Free Basics trial. Using an individual testimonial without any claim support data, while reaching out to consumers at large, was considered to be misleading by implication and exaggeration. Also, in the absence of any disclaimer to that effect, the reference to the claim in the advertisement, âbenefits of Free Internetâ was misleading by ambiguity.
- Karrm Infrastructure Pvt. Ltd. (Karrm Infra): The claims in the advertisement, âBuy one flat & get 2 flats freeâ, and â100% assurance of flats or cash discount of same amountâ, were not substantiated, and were misleading by exaggeration.
- Balaji Telefilms Ltd. (Kya Kool Hai Hum): The suggestive scenes in the movie promo showing âtwo men and women on the beachâ are indecent, vulgar and repulsive, which, in the light of generally prevailing standards of decency and proprietary, will cause grave and widespread offence to general public.
- Viacom18 Media Private Limited (Bigg Boss 9): The TV promo advertisement, depicting the protagonists wearing shoes in a temple is likely to cause grave and widespread offence.
- Times of India (CP Quiz): The claim in the advertisement, âPresenting Indiaâs most challenging school quiz.â was not substantiated by providing comparative data versus other contests of similar nature to support how this quiz is better in the challenge level and the claim of the âMostâ challenging quiz.
- Clat Possible - Founding Team: The claim in the advertisement, âfounding team member Satyam Shanker Sahai finished runners up in the Grasim Mr. India 2003 roundsâ, was not substantiated and was misleading by ambiguity.
- Shoppers Stop Limited: The claim in the advertisement, âShoppers Stop is proud to be ranked 25th in The Great Places To Work study 2015â, is misleading by ambiguity as the ranking list given in the supplement of Economic Times dated 13th July 2015 showed that it is at number 42 among Best workplaces in India.
- Vodafone India Ltd (Superfast Vodafone Network): The claim in the advertisement, âsuperfast Vodafone networkâ, is a superlative claim that was not substantiated with any technical rationale or comparative data. Also, the claim is misleading in the absence of appropriate disclaimers.
- Pritish Nandy Communications Ltd (Mastizaade Movie Trailer):
Scenes for the Mastizaade movie trailer (internet version) â â20 seconds - Blow job sceneâ, â43 to 45 seconds - Woman's covering gets blown offâ, â52 to 53 seconds â implying Semen splashâ, Â â1.23 to 1.25 minutes - Coin jumps on erectionâ, Â â2.06 to 2.10 minutes - Time telling by pressing donkey's ballsâ, Â â2.23 to 2.31 minutes - French fries covered up by exposed breastsâ, Â â2.41 to 2.48 minutes - man- donkey sex sceneâ, Â â3.06 to 3.15 minutes - Coin jumps on erection caused by woman's vulgar movementsâ, are indecent, vulgar and repulsive, which, in the light of generally prevailing standards of decency and proprietary, will cause grave and widespread offence to general public.
- Bharti Airtel Ltd (Airtel Broadband): The web-site communication refers to the Airtel Broadband plan of Rs 615 âper billing cycleâ, but the billing plan was only available under a six monthsâ advance rental scheme. Thus, it was concluded in absence of any disclaimers, the website communication of âper billing cycleâ was misleading by ambiguity.