The self-regulatory body for the advertising industry endorsed the complaints against 48 ads on education, 13 on healthcare products and five from the food and beverages industry
BestMediaInfo Bureau | Mumbai | May 10, 2016
The Consumer Complaints Council (CCC) of the Advertising Standards Council of Indiaâs (ASCI) upheld complaints against 80 advertisements of the 133 against which objections were raised before the self-regulatory body for the advertising industry. Of the 80 advertisements against which complaints were upheld, 48 belonged to the Education category, 13 in the Healthcare category, five in the Food & Beverages category and 14 advertisements were from other categories.
Health & Personal Care
The CCC found claims in the health care and personal care product or service advertisements of 13 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:
Â The advertisementâs claim, âLong lasting fairnessâ was not substantiated.
The advertisementâs claims relating to usage results, â70% felt an increase in skin brightness, freshness and radianceâ, â75% felt their skin tone looked more clearâ, â80% agreed their skin remained hydrated all day longâ, â80% loved the light-weight textureâ, were not substantiated and were likely to mislead consumers. Moreover, the advertisementâs claim, âOur patented Illumeskin Whitening Complex* (*Patent pending)â on product packaging, was not substantiated and was misleading by implication as no proof/data was provided to substantiate the fact that the advertiser had applied for a patent, which was pending.
Â The advertisement of Dove Hair Fall Rescue Shampoo with Nutrilock Actives is misleading by ambiguity because consumers will believe that Dove will also reduce natural hair fall; whereas the context of product benefit is with reference to hair fall due to breakage, as specified in the disclaimer. Moreover, the advertisementâs claim, âYeh damage balon ko jadon se upar poshan de aur unhe banaye siron se majbootâ (âNourishes Damaged Hair From Roots Upâ), as used in the print advertisement was considered to be misleading by ambiguity and implication that the product was effective for physiological hair loss.
The advertisementâs claims, âQuick Actingâ and âGet charged for the intense pleasureâ were not substantiated for the proprietary product. The advertisement is also in breach of the law as it violates The Drugs & Magic Remedies Act.
The advertisementâs claim, âIn Cyberknife Surgery... And, By The End of It. No Cancerâ were not substantiated.Â Also, specific to the claim implying cure for cancer, the advertisement is in breach of the law as it violates The Drugs & Magic Remedies Act.
The advertisementâs claims, âSee Results in 10* Days! Or your money back*!â and âIndiaâs first honest weight loss programme where you lose weight through superfoods, not weight loss pills, gadgets, surgery or false promisesâ were not substantiated and were misleading by exaggeration.
The advertisementâs claim, âJohnson & Johnson - Making clinically proven mild products for more than 100 years!â was not substantiated.
The advertisementâs claims, âNeck pain, back pain, slipped disc, sciatica?â, âNo medicine, no injections, no surgeryâ, âIndiaâs 1st super speciality spine clinic in Ahmedabadâ, âWorlds most advanced non-surgical spine care technologiesâ and â12,000+ patients treated successfullyâ were not substantiated.
The advertisementâs claim, â10X more skin care moisturizersâ was not substantiated.
The advertisementâs claims, âIts proper intake gradually revived my vigour, vitality, energy & helped my confident game with match winning performancesâ, âViva Stay-On âŠ. for longer, stronger & bigger performanceâ, were not substantiated with evidence of effectiveness and were misleading by exaggeration.Â Also, the claim, ââŠ for longer, stronger & bigger performanceâ, read in conjunction with pack visual of a man and woman, with a qualifier that the product is only for men (âHerbal Supplement for menâ), implies 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.
The advertisementâs claim, âSince 1982, Pyare Lal Group is the only manufacturer in the world, who manufactures all types of mattresses under one roofâ, was not substantiated and was misleading by gross exaggeration.
The claim in the advertisement of â8Xâ referring to the eight benefits of the product was not substantiated.
The advertisementâs claim, âIt controls Hairfall in 90 daysâ, was not substantiated adequately as the product was at most helpful in moderately improving the condition.
Food & Beverages
Nutricia International Pvt. Ltd. (Protinex Health Drink):
The presentation of the advertisement was likely to mislead by implying that protein deficient diet as determined by the 24-hour recall survey would result in protein deficiency, when that was not the case. The advertisementâs claim, âAnd your regular diet isnât sufficient to meet your daily protein requirementâ, was considered to be misleading by implication, as it implies that Protinex is a replacement for regular diet.
The advertisementâs claim, â1/3 oil usage, makes it lightâ is not acceptable since the sensory results presented were not statistically significant as compared to other cooking oils.Â Further, the advertisementâs claim, âImproves Metobolic Healthâ, âIncreases Good Cholesterolâ, âMaintains sugar levelsâ, âControls weight and waist lineâ were not substantiated. Also the claim, âhelps in improving digestionâ was not substantiated and was considered to be misleading by ambiguity as adequate reports for substantiation were not presented by the advertiser.
The TVC features Arbaaz Khan - a celebrity from the field of cinema for a product which has a health warning that it is injurious to health and cannot be purchased or used by minors. It was noted that minors are very likely to be exposed to the TVC. The celebrity in the advertisement would have a significant influence on minors who are likely to emulate the celebrity in using the product. Also, the supers / statutory warning in the Hindi TVC were not in the same language as the audio of the TVC, and were not clearly legible.
The TVC features Sachin Khedekar ? a celebrity from the field of cinema, for a product which has a health warning that it is injurious to health and cannot be purchased or used by minors. It was noted that minors are very likely to be exposed to the TVC. The celebrity in the advertisement would have a significant influence on minors who are likely to emulate the celebrity in using the product. Also, the supers/statutory warning in the Hindi TVC were not in the same language as the audio of the TVC.
In the advertisement, the visual of âtwo ladies (mother and daughter) playing on zebra crossingâ, shows and encourages, without justifiable reason, an unsafe practice, and manifests a disregard for safety.
The CCC found that the following claims in the advertisements by 48 different advertisers were not substantiated and thus, violated ASCI Guidelines for Advertising of Educational Institutions. Hence complaints against these advertisements were upheld.
Sojatia Competition Classes:
The advertisementâs claims, â63 selections in NLUsâ, âAll India Level Test Series & Online Testingâ and Comparison of CLAT 2015 with others and IPM with other competitors, were not substantiated with authentic supporting data.
The advertisementâs claim, âBy far the Highest number of IIM Calls in Kolkata are from Eruditeâ, âNo. 1 for CATâ and âBest results and personalised attentionâ were not substantiated.
The advertisementâs claims, âIMS offers the most comprehensive study material designed by our 100 percentilers and our best faculty for CAT and other B-school entrance testsâ and âSimCAT is by far the most comprehensive and most popular simulated CAT exam series in the countryâ were not substantiated and were misleading by gross exaggeration.
The advertisementâs claim, âThe Best trainers for CAT, Bank PO now in Hyderabadâ, is an absolute claim and was not substantiated with comparative data versus other institutes to show that their trainers were better than anyone else.
The advertisementâs claims, âThe Highest Salary Offered: 17.0 LPA.â, âThe Highest Salary Achieved: 10.42 LPA.â, âAverage Salary: 4.5 LPA.â, and âInternational Package Rs 17 LPA.â, were not substantiated.
The advertisementâs claim, âAverage Package offered 5.8 Lac/p.aâ, was not substantiated.
The advertisementâs claim, âThe highest salary package offered is 17 Lacsâ, was not substantiated.
The advertisementâs claim, âAll India Rank 1, 8, 13, 42, 56, 71, 75 and many more in CLAT 2015â, was not substantiated and is misleading by ambiguity.
The advertisementâs claim, âThe Average annual salary package offered touched near to about 7.5 lakhsâ, was not substantiated with evidence such as the batch size, enrolment forms, appointment letters and contact details of the students who got placements and is misleading in the absence of any disclaimer / qualifier.
The advertisementâs claims, âHighest package of Batch 13-15 is Rs 6.00 lakhs & average Rs 4.5Â Â Â Â Â Â Â Â Â Â lakhsâ, and â100% Placementâ, were not adequately substantiated with evidence such as the batch size, enrolment forms, appointment letters and contact details of the students who got placements for verification and were misleading in the absence of any disclaimer/qualifier.
The advertisementâs claims, âTop International Placement: 10,50,000â, âTop Domestic Placement: 8,50,000â and âAverage CTC: â5,00,000â, were not substantiated.
The advertisementâs claim, âAn average salary of Rs. 4 lakhs (Domestic) and Rs. 13 Lakhs (International)â, was not substantiated.
Â The advertisementâs claim, âHighest Salary is Rs.14.75 lac p.a. & Average Salary is Rs.5.5 lac p.aâ, was not adequately substantiated. Also, the claims are misleading by ambiguity as the salary package mentioned in the advertisement is in Indian Rupees whereas the employment referred to an overseas offer.
The advertisementâs claim, âMinimum 3 Jobs for every studentâ nor the claim the advertiser intended to make (i.e. âMinimum 3 Job offers for every studentâ) was not substantiated and is misleading by ambiguity.
The advertisementâs claim, âHighest salary package 6.0 Lacs, Average salary Package 3.25 Lacsâ, was not substantiated and is misleading by ambiguity in the absence of any disclaimers / qualifiers.
The advertisementâs claims, â14 Lakhs PA Highest Packageâ and â6 Lakhs PA Average Packageâ, were not substantiated.
Â The advertisementâs claims, âAverage Salary: 5.3 Lakh p.a.â, âHighest Salary: 7.50 Lakh p.a.â and âAverage no. of offers/Students: 1.3â, were not substantiated.
The advertisementâs claims, â2014-15 - Highest Salary Rs 3.16 Lacs, Median Salary Rs 2.20 Lacsâ and â2013-14 - Highest Salary Rs 3.14 Lacs, Median Salary Rs 1.88 Lacsâ, were not substantiated.
The advertisementâs claims, âHighest Package-10.5 Lac P.A.â, âAverage Package-6.3 Lac P.A.â and Placement Trend 2013-15 â âStudents Placed- 98.33%â and âStudents Opted for Entrepreneurship - 1.67%â, were not substantiated.
The advertisementâs claim, âInstitute is not only known for its actual 100% placement but also for quality educationâ, was not substantiated.
Â The advertisementâs claim, âAverage CTC Rs 3 lakh/annum. Highest package Rs 9.2 lakh/annumâ, was not substantiated.
Complaints against advertisements of all educational institutes listed below have mostly been Â upheld because of unsubstantiated claims that they âprovide 100% placement/and/or they claim to be the No.1 in their respective fieldsâ.
DLM Academy, Accurate Group of Institutions, Fortune Institute of International Business, Ansal University, Centre for Management Development, Deen Dayal Upadhyaya Institute of Management & Higher Studies, Asia-Pacific Institute of Management, Dewan V.S. Group of Institutions, Ishan Institute of Management & Technology, Endeavor Careers, International Management Centre, IMS Ghaziabad, Institute of Technology and Science Ghaziabad, K.R. Mangalam University, Jindal Global Business School, Suryadatta College of Hospitality Management & Travel Tourism (SCHMTT), Sri Chandrasekharendra Saraswathi Viswa Mahavidyalaya (SCSVMV University), Bengal College of Engineering and Technology, Alard Institute of Management Sciences, Al-Barkaat Institute of Management Studies, Disha Institute of Management and Technology, International School of Management Patna, Institute of Management & Information Science, Hi-Tech Institute of Technology, Heritage Business School, Future Institute of Engineering and Management and Kochi Business School Mar Thoma School of Management Studies.
The advertisementâs language and the hold duration of the super in the advertisement was not as per the ASCI guidelines on supers. The TVC contravened the ASCI Guidelines on supers.
The advertisementâs claim, âWorldâs Largest 4G Network, now in Kochiâ was not substantiated. Also, the claim was misleading in the absence of appropriate disclaimer/qualifier.
Â Regardless of the disclaimer (the claim of âUpto 480 pagesâ is with reference to ISO test page yield for a black cartridge under standard test conditions), the visuals of coloured print-outs appearing along with the headline âUpto 480 pages for just Rs. 475/- per cartridgeâ is misleading by ambiguity and implication.
The advertisementâs claim, âeco-friendly mercury freeâ was considered to be misleading by omission of reference to other products that are not mercury free. Further, the claim, âEnergy efficient, more than 80 percent savingâ, was not substantiated with results from independent test agency. The claim was misleading, since it did not compare CFL and tubelights. Moreover, the claim in the advertisement, âlasts upto 30 yearsâ, was not substantiated.
The advertisementâs claims, âWhen you drive on MRF ZSLK, Delhi Breaths a Little easierâ, and âMRF ZSLK Indiaâs Eco-Friendly Car tyreâ, were not substantiated with supporting data to prove that the MRF ZSLK Tyres resulted in vehicle consuming significantly less fuel and so less emissions. The claims were misleading by exaggeration.
Â While the claim in the advertisement of Hathway Broadband Internet, â10 TIMES FASTERâ was substantiated, it was misleading by omission of an appropriate disclaimer.
The advertisementâs claim, âIndiaâs finest 3G networkâ, was not adequately substantiated and is misleading by exaggeration.
The visual in the movie promo is vulgar, indecent and repulsive especially in the depiction of a woman and not suitable to be viewed by minors. In the light of the generally prevailing standards of decency and proprietary, the visual will cause grave and widespread offence to the general public.
The advertisementâs claims, âKAFF is now Indiaâs Most Trusted Brand. Consumer Validated 2015â, âIn a nationwide survey conducted by IBC Infomedia and consumersurvey.com, KAFF has been declared as the most trusted Brand of 2015 in the Kitchen Appliance category. This award by Indiaâs Most Trusted Brand Awards Council just reaffirms what we always believedâ, âA fact validated by consumersâ and âThink Green with KAFFâ, were not substantiated.
Â In one frame of the TVC, the vehicle indicator light is not lit while overtaking another vehicle. This visual is in violation of traffic rules and shows an unsafe practice.
Â The advertisementâs claim, â5 times fasterâ was not substantiated and was misleading by ambiguity and omission of reference of comparison.
The scene shown in the TVC of students playing a prank and as a result âa bursting sound in the class room while the teacher is teachingâ, shows a dangerous practice and this depiction could be avoided.
The advertisementâs claim, âRide an OLA for just Rs.8/km", was not substantiated and was also misleading by ambiguity.
The claim in the Ad, "Ola! Now pay lesser for your cab ride. Travel in Delhi- NCR starting at just Rs 25. Open the app & use code NCR25. TCA", was not substantiated.Â Also, the term `TCAâ in the SMS Advertisement is misleading by ambiguity.
The Advertising Standards Council of India is a self-regulatory organization for the advertising industry. Established in 1985, it is celebrating its 30th anniversary this year. The ASCIâs role has been acclaimed by various Government agencies. Â The ASCI is recognized by âThe Cable Television Network Rules, 1994â which states that âNo advertisement which violates the Code for self-regulation in advertising, as adopted by the Advertising Standard Council of India (ASCI), Mumbai, for public exhibition in India, from time to time, shall be carried in the cable serviceâ. The ASCI is the âExecutive Armâ of the Department of Consumer Affairs, handling all complaints pertaining to misleading advertisements.