ASCI ticks off 151 ads over misleading claims

In September 2016, ASCI's Consumer Complaints Council (CCC) upheld complaints against 151 out of 199 advertisements

BestMediaInfo Bureau | Delhi | December 20, 2016

Out of 151 advertisements against which complaints were upheld, 39 belonged to the Healthcare category, 75 to the Education category, followed by 10 in the Food & Beverages category, 8 in Personal Care Category and 19 advertisements from other categories.

Healthcare

The CCC found the following claims of 39 advertisements in health care products or services to be either misleading or false or not adequately/ scientifically substantiated and hence violating ASCI's 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.

1. Cosmic Grace: The advertisement's claims (in Hindi), “Cure prostate cancer, stone, eye disease”, were not substantiated, and are misleading. Also, specific to the claims related to cure of prostate cancer, stone, eye disease, the advertisement is in breach of the law as it violated The Drugs & Magic Remedies Act.  Also, the advertisement exploits consumers' lack of knowledge and is likely to lead to grave or widespread disappointment in the minds of consumers. Advertiser did not produce explicit permission from the political personalities whose reference have been made in the advertisement.  This tends to bring these persons into ridicule and disrepute.

2. Thosh (Thosh Ion Shower): The advertisement's claims, “Good news for those who are suffering from asthma, respiratory diseases & breathing problems, allergy, migraine insomnia, and those who are fed up of taking heavy medication and pills for the same. Now Negative Ion therapy has a solution”, were not substantiated, and are misleading by exaggeration.

3. Nanophyto Pharmacy (UR Halt): The advertisement's claims, “100% natural and scientific”, “No side effects”, Don't stress just put a full stop to urinary incontinence”, “URhalt control naturally”, “100% natural phytomedicine.”, “No more dependence on adult diapers or surgical procedures”, “Controls urinary incontinence naturally”, “100 per cent natural and scientific phytomedicine medicine derived from plants”, “Clinically evaluated formula”,  “No side effects”,  and “No more dependence on adult diapers and surgical procedures”, were not substantiated with clinical evidence of product efficacy, and are misleading by gross exaggeration.

4. Kudos Laboratories India Ltd. (IME-9 Tablets): The advertisement claims (in Hindi) as translated into English, “IME-9 tablets bring sugar under complete control” and “India's first wonder drug to treat diabetes globally”, were not substantiated with evidence of product efficacy, and are grossly misleading. Also, specific to the claims related to cure of diabetes, the advertisement is in breach of the law as it violated The Drugs & Magic Remedies Act.

5. Fizikem Formulations (Madhucure Diabetic Juice): The advertisement's claim, “Drinking Madhucure diabetic juice will control blood sugar levels”, was not substantiated with evidence of product efficacy, and is misleading. Also, specific to the product name implying cure of diabetes, the advertisement is in breach of the law as it violated The Drugs & Magic Remedies Act.

6. Tara Nutricare (Tara Magik Mass): The advertisement's claims, “Our bestselling weight gainer with great result”, “Helps in the development in muscle mass and size” and product packaging claim, “Magik Mass”, were not substantiated and are misleading.

 

7. Shakti Sudha Agro Ventures Pvt. Ltd. (Shakti Sudha Makhana): The advertisement's claims, “Also good for anti-ageing, diabetes, arthritis & rheumatic pain, healthy heart, blood pressure” and “Immuno stimulant food”, were not substantiated with evidence of product efficacy, and are misleading. Also the claim, “India's No.1 processor & exporter of gorgon nut (makhana)”, was not substantiated with comparative data versus other similar processor and exporter of gorgon nut or any third party validation to prove this claim, and is misleading by exaggeration.

8. Kerni Fitness Pvt. Ltd. (Fitness Universe Animal Effect): The advertisement's claims, “Fitness universe is an advance fat burning, metabolism enhancing and energy boosting formulation comprised of unique ingredients which promotes thermogenesis. It burns more calories and burns fat than exercise and diet alone”, were not substantiated with supporting technical data of the product composition and clinical evidence of product efficacy and are misleading.

9. Ayurwin Pharma Pvt. Ltd. (Nutri Slim powder/Capsule): The advertisement's claims (in Hindi) as translated into English, “An ayurvedic drink that increases body metabolism and helps in slimming in just three months. Also claims to be safe and natural”, were not substantiated, and are misleading.

10. AVS Herbals (Energic-31Capsules): The advertisement's claims (in Gujarati), as translated into English, “full of energy, keeps your weakness away”, “protect from sickness to increase immunity, to increase life force, to reduce tiredness, to increase sexual powers and enhance sex act”, “particularly helpful for maintaining good married life”, were not adequately substantiated with clinical evidence of the product. Also, the claims are misleading.  Further, specific to the claims related to the product benefit of “increasing sexual energy in men”, “helpful in leading a happy married life” -- implying that the product is meant for enhancement of sexual pleasure -- the advertisement is in breach of the law as it violated The Drugs & Magic Remedies Act.

11. Shree Baidyanath Ayurved Bhawan Pvt. Ltd. (Baidyanath Madhumenhari): The claims in the advertisement, “Break through research has helped me keep my blood sugar under control”, “Helps stimulate pancreas to reduce high blood sugar” and “Researched and clinically tested”, were not clinically substantiated with proof of efficacy, and are misleading. Also, specific to the claims related to control of blood sugar (i.e. diabetes), the advertisement is in breach of the law as it violated The Drugs & Magic Remedies Act.

12. Cadila Healthcare Ltd. (Nutralite): The visual shown in the advertisement read in conjunction with the claim, “indulge in your favourites without worrying about health”, implies that with Nutralite, one can indulge even in not so healthy food. It was noted that many other factors contribute to Cholesterol in the body and contribution of the advertised product to “cholesterol lowering” by virtue of being a “replacement” product is negligible. The advertisement is likely to exploit consumers' lack of experience and knowledge. It was concluded that while the product does not contain cholesterol, the claim, “0% cholesterol. 0% worries.” is misleading by ambiguity and implication.

13. Manav Care Chikitsalay: The advertisement's claims (in Hindi) as translated into English, “100% Guaranteed treatment of venereal disease”, “Guaranteed treatment of venereal disease in men & women, weakness because of masturbation, premature ejaculation, wet dreams, impotence, minuteness, thinness through machine” and “Complete cure in 20 days”, were not substantiated with clinical evidence and are misleading. Also, specific to the claims related to guaranteed treatment for sexual problems, impotency, and the advertisement visual implying enhancement of sexual pleasure, the advertisement is in breach of the law as it violated the Drugs & Magic Remedies Act.

14. Sri Nageshwar Ortho & Trauma Centre: The advertisement's claim (in Hindi) as translated into English, “Successful treatment of paralysis”, was not substantiated with clinical evidence and is misleading. Also, specific to the claim related to successful treatment of paralysis, the advertisement is in breach of the law as it violated The Drugs & Magic Remedies Act.

15. Srigiri Ayurvedic Hospital: The advertisement's claim, “Get your natural hearing without any hearing aid and without operation”, was not substantiated with supporting evidence and is misleading by exaggeration. Also, specific to the claim implying treatment for deafness, the advertisement is in breach of the law as it violated The Drugs & Magic Remedies Act.

16. Oxymed Hospital: The advertisement's claim, “To cure heart disease without any surgery, no pain, no anaesthesia and no hospitalisation” was not substantiated with clinical evidence. Also, the claim, “India's first hospital to give latest treatment for all disease without any surgery”, was not substantiated with comparative data versus other similar hospitals to prove this claim. The claims are misleading by exaggeration.

17. Oxymed Hospital: The claim in the advertisement, “To cure leg joint pain without any surgery, no pain, no anaesthesia and no hospitalisation required”, was not substantiated with supporting clinical evidence. The claim is misleading by exaggeration.

18. Oxymed Hospital: The claim in the advertisement, “To cure heart blockage without any surgery, no pain, no anaesthesia and no hospitalisation required”, was not substantiated with supporting clinical evidence. The claim is misleading by exaggeration.

 

19. Puressenz (Lup Tup Herbal Concentrate): The advertisement's claims, “Lup Tup helps in curing obesity, diabetes, blood pressure and heart attack”, were not substantiated with supporting clinical evidence of product efficacy, and are misleading. Also, specific to the claims related to cure of diabetes, blood pressure and heart attack”, the advertisement is in breach of the law as it violated The Drugs & Magic Remedies Act. The claim related to cure of obesity is in breach of the law as it violated The Drugs & Magic Remedies Act (item 38 under DMR schedule).

 

20. Dr Shah's Super Speciality Clinic: The advertisement's claims, “Trusted Brand of India”, and “95% Success rate”, were not substantiated with authentic supporting data. It was also noted that the disclaimer in the advertisement “Success rate as per PFBF” is misleading by ambiguity as PFBF is an abbreviation used by the advertiser for “Patient feedback form”.

21. Signature Skin: The advertisement's claim, “Fastest & safest treatment results for psoriasis & vitiligo!” was not substantiated adequately with authentic evidence, and is misleading by exaggeration.

22. Dr G Wellness Private Ltd. (Arthritplus): The claim in the advertisement, “Reversing Arthritis” is not proved in a scientific manner with clinical evidence and is misleading by gross exaggeration. Further this claim for the product which is positioned as food supplement, is likely to mislead the consumers into believing that the product would have curative effect on arthritis.

23. Shree Baidyanath Ayur Bhawan (Baidyanath Vita-EX Gold Women): The advertisement's claim, “Energy, enjoyment, satisfaction”, was not substantiated with product efficacy data, and is misleading. Also, the claim (in Hindi) as translated into English, “Energy, enjoyment, satisfaction”, 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.

24. Goyal Ayurved and Herbals (Goyal Ayurved and Herbals Range of Products): The advertisement's claims (in Hindi) as translated into English, “Reduce 3kg to 5kg in just one month” and “Make your fat body into a slim one”, were not substantiated with proof of efficacy, and are misleading. Also, with reference to obesity (“motapa”) in the advertisement and the pack visual, the advertisement is misleading by implication that the product would solve the problem of obesity and therefore is in breach of the law as it violated The Drugs & Magic Remedies Act (item 38 under DMR schedule).

25. Nidan Ayurveda India Pvt. Ltd.: The advertisement's claims (in Hindi) as translated into English, “Sugar levels can reduce within 30 days”, “Get rid of diabetes and other life threatening diseases” and “Get cured of sugar problems immediately” were not substantiated with supporting clinical data. Also, specific to the claims related to treatment of diabetes, cure for sugar problems, the advertisement is in breach of the law as it violated The Drugs & Magic Remedies Act.

26. The Fitness Zone: The claims, “Turn fat in to slim”, and “Reduce up to 5 Kg in just 12 hours”, were not substantiated with clinical evidence, and are misleading. Also, efficacy being depicted via images of before and after the treatment is misleading.

27. A. K. Jain: The advertisement's claims, “India's top ranking sexologist on Google”, was not substantiated with supporting evidence and with comparative data versus other similar clinics in the same category, and is misleading. In addition, the claim, “Complete solution for all venereal diseases”, was not substantiated with clinical evidence, and is misleading. Also, specific to the claims implying cure for venereal diseases, the advertisement is in breach of the law as it violated The Drugs & Magic Remedies Act.

28. Zimalaya Drug Pvt. Ltd. (Slr Four Power Booster Capsules): The advertisement's claims, “Guaranteed Increase sperm count in male”, “For increasing sperm count in male”, were not substantiated with product efficacy data, and are misleading. Also, specific to the claims related to the product benefit for men, implying that the product is meant for treatment of sexual impotence, the advertisement is in breach of the law as it violated The Drugs & Magic Remedies Act.

29. Perfect Point (Cool sculpting treatment): The advertisement's claims, “Even after dieting and exercise there was no loss of belly fat” and “Reduced 20 kilograms & nine inches from belly”, were not substantiated with clinical evidence, and are misleading. Also, efficacy being depicted via images of before and after the treatment is misleading.

30. Curves & Smile: The claim in the advertisement, “Lose weight two to three kilograms per week”, was not substantiated with clinical evidence, and is misleading.

31. Sex Clinic (Sex Clinic Range of Products): The claim in the advertisement (in Hindi) as translated into English, “Effect starts from the first dose itself”, was not substantiated with product efficacy data, and is misleading. Also, specific to the claims implying treatment for sexual problems, read in conjunction with advertisement visual implying enhancement of sexual pleasure, the advertisement is in breach of the law as it violated The Drugs & Magic Remedies Act.

32. Good Care Pharma Products (Neem Guard and Stress Guard): The advertisement's claims, “Neem Guard-clinically proven to rejuvenate your skin”, “Stress Guard - clinically proven to reduce stress and fatigue” and “Improves alertness and concentration”, were not substantiated clinically with product efficacy data, and are misleading.

33. Sai Hospital: The advertisement's claims (in Hindi) as translated into English, “Successful treatment of kidney, renal tubules, urinary bladder stones (PCNL, URS, Cystolithotrity)”, “Successful treatment of congenital kidney & other urinary problems” and “Successful treatment of impotence”, were not substantiated with supporting clinical data, and are misleading. Also, specific to the claims related to successful treatment of kidney, urinary bladder stones, and impotency, the advertisement is in breach of the law as it violated The Drugs & Magic Remedies Act.

34. Lifespan Clinic India (Lifespan Diabetes Clinics): The advertisement's claims, “2 out of 3 patients have successfully lowered their blood sugar levels by thoroughly following Lifespan's treatment” and “Over 40,000 satisfied diabetics”, was not substantiated with supporting proof and is misleading by gross exaggeration.

35. Care & Cure Herbals (X men Plus): The advertisement's claims (in Hindi) as translated into English, “Passion, strength and stamina”, “Effective from day one”, “Interested people can also try and see the results” and “Complete Sexual Therapy”, were not substantiated with product efficacy data, and are misleading. Also, the product benefit 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.

36. Deemark Health Care Pvt. Ltd. (Love Forever VT): The advertisement's claims (in Hindi) as translated into English, “We bring magic of modern science Deemark Love Forever VT for you, advanced & unique product which is effective for stimulation and stress-related diseases. Effect  starts after use, absolutely harmless and effective, so give your love new heights & experience those moments of  passionate love again with Deemark Love Forever VT”, “Love Forever- strength, length, time, energy power” and “For a satisfied, happy married life, your energetic, passionate and right shape”, were not substantiated with  product efficacy data, and are misleading. Also, the product benefit claims read in conjunction with the claim that the product is for men only, 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.

37. Lifezen Health Care Pvt. Ltd. (Eye Spa): The advertisement's claim, “Safe to use clinically proven”, was not substantiated clinically with product efficacy data. Also the claim, “Trusted formula recommended by eye- specialists”, was not proven with supporting data. Further, the claims are misleading by exaggeration.

38. Trim-O-Fast Herbal Slimming Kit: The advertisement's claims (in Hindi) as translated into English, “Through Ayurvedic reduce weight, look attractive within 30 days”, was not substantiated with proof of efficacy. The claim as well as the pack visual in the advertisement implies a significant weight loss which is also grossly misleading.

39. Standard Laboratories (Navab- E-Navab): The advertisement's claim (in Hindi) as translated into English, “Use for happy married life”, was not substantiated with product efficacy data, and is misleading. Also, the claim, “Use for happy married life” 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.

Food & Beverages

1. Buzz Live Foods (Pelicana DD Drinker's Drive): The advertisement's claims, “Pelicana DD is a beverage when added to acidic alcoholic drinks converts them into a positive health drink which reduces oxidative stress. Performs the role of a whole body stress reducer which gives freshness all over to the drinker”, were not substantiated with supporting clinical data specific to the product, and are misleading by gross exaggeration. The claim is also likely to encourage negligence among consumers regarding alcohol intake. Also the claims, “A Noble Prize winner and Tamil scientist has invented this product after many years of research”, “Certified by world's leading laboratories” and “World's first breakthrough product”, were not substantiated with supporting proof, and are misleading by gross exaggeration.

2. K Agrotech Private Limited (Sunpure Sunflower Oil): The advertisement's claims, “Get the natural Vitamins” and “Get the benefits of Vitamins in their pristine form, not to forget natural Oryazanol”, were not substantiated with supporting technical data for the advertised product, and are misleading.

3. Bhagat Marketing Corporation (Amrut Dana Dal):- The advertisement's claim (in Gujarati), as translated into English, “To be No.1 in India”, was not substantiated with comparative data versus other similar brands in the same category, and with market share sales data, and is misleading by exaggeration.

4. Grofers (Dunkin' Donuts): The claim offer of “Dunky Doos Donut Box of 6 at Rs 199” in the advertisement complained against, is misleading by ambiguity and omission of mention that the price quoted is subject to taxes.

5. Inbisco India Private Limited (Kopiko Cappuccino): The advertisement's claim, “Keeps you awake”, was inadequately substantiated and is misleading by ambiguity as it was noted that caffeine present in beverages such as coffee and tea that helps to keep one alert, while Kopiko cappuccino candy contains caffeine at much lower levels as against a standard coffee drink. While literature reference (with caffeine at much higher level of 50, 100, 200 mg) supports contribution of caffeine in helping alleviate the reversal of alertness and performance deficit resulting from sleep loss, the data submitted by the advertiser was not adequate to conclusively prove the claim of the Kopiko candy keeping one “awake” or delaying the onset of sleep as claimed, especially with the low caffeine level present in the product. The literature references referred to higher levels of caffeine and the effect mentioned was more of “sleep disturbance”.

6. Kaleesuwari Refinery Pvt. Ltd. (Cardia Life Oil): The advertisement's claim, “Helps in improving immunity and control cholesterol”, were not substantiated with robust scientific data specific to the oil blend. Also, the claim is misleading by ambiguity and exploits consumers' lack of experience and knowledge.

7. Emami Agrotech Limited (Emami Healthy & Tasty Sunflower Oil): In absence of clinical evidence specific to the advertised product, the claims in the advertisement, “Regular consumption helps reduce risk of heart disease” and “Lowers bad cholesterol”, attributed directly to the advertised product were inadequately substantiated.

8. Emami Agrotech Limited (Emami Healthy & Tasty Soyabean Oil): in absence of clinical evidence specific to the advertised product, the claims in the advertisement, “Regular consumption helps lowers the risk of high blood pressure”, “Reduce risk of heart diseases” and “Improves skin health”, were inadequately substantiated with clinical research data,  and are misleading by ambiguity.

9. Emami Agrotech Limited (Emami Healthy & Tasty Refined Rice Brand Oil): The advertisement makes a comparison of Rice Bran oil (containing Oryzanol) with Sunflower oil (without Oryzanol) and implies that the advertised product would provide benefits (protection from heart disease by reducing bad cholesterol) by virtue of Oryzanol. The claim in the advertisement encouraging “Regular consumption” of advertised oil only was not considered to be appropriate. Also the claims, “Regular consumption helps – i. Protect from heart diseases ii. Helps improve immunity iii. Reduce cholesterol” were not adequately substantiated for the advertised product composition. It was concluded that in absence of any direct and conclusive clinical evidence to show that Emami Rice Bran oil is better versus ordinary refined sunflower oil in reducing bad cholesterol and protecting from heart disease, the advertisement is misleading by ambiguity and implication.

10. United Breweries Ltd. (Heineken): The advertisement visual of a star, brand name Heineken and a foaming beer background read in conjunction with the statement “Born in Amsterdam. Raised in Bengaluru.  From A to B.  There's more behind the star”, appears to be an advertisement for promotion of a liquor product – beer. Also, the advertisement is misleading by implication and contravened Chapters I.4 and III.6(b) of the ASCI Code (“Whether 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 by this code.). Also, the advertisement did not meet the requirements as per ASCI's Guidelines for Qualification of Brand Extension Product or Service and thereby contravened Chapter III.6 (a) of the ASCI Code (“Whether the unrestricted product which is purportedly sought to be promoted through the advertisement under the complaint is produced and distributed in reasonable quantities, having regard to the scale of the advertising in question, the media used and the markets targeted.”)

Personal Care:-

1. K. Helene Curtis Limited (Park Avenue Acti-Cool Deodorant): The advertisement's claim, “Lasting cooling effect”, was not substantiated adequately with technical data to prove how long the cooling effect stays. Also, the claim is misleading as it implies that the cooling effect is lasting for considerably long time.

 

2. VLCC Personal Care Limited (VLCC Slimmer's range of products): The product name and the variant name, “Slimmer's Herbal Infusion with Green Tea” and “Slimming” respectively, are likely to mislead consumers by implication and the benefit of slimming attributable to the advertised product was not substantiated adequately.

3. Johnson & Johnson Ltd (Clean & Clear Foaming face wash): The advertisement's claims, “To give 8 hours' oil control”, was not substantiated adequately, and is misleading by implication as the claim “control” implies maintenance of sebum level at a particular fixed value whereas, the product is demonstrating “reduction” and not “control” over the eight hour period. Also, the study indicates that even simple water has demonstrated reduction of the sebum levels at different time points.

4. Clarins (Clarins White Plus): The advertisement's claims, “After 4 weeks, 85% no more new spots,  94% Skin looks fairer,  94% Skin is more translucent”, were not substantiated with clinical evidence of product efficacy, and the claims were considered to be misleading by ambiguity.

5. Sairaa Hair Gel: The advertisement's claim (in Tamil) as translated into English, “Controls hair fall in just seven days”, was not substantiated with clinical evidence of product efficacy. Also, the claim is misleading.

6. Lotus Herbals Limited (Lotus Safe Sun Whitening Plus): The advertisement's claim, “Botanical extracts gives whitening glow”, was not substantiated with evidence of product efficacy or any clinical study report. Also, the advertiser did not provide any substantiation for the SPF value of “SPF 40” through any technical test or a third party certification.  The claims are misleading by exaggeration.

7. Nature's Essence Pvt Ltd.( Nature's Lacto Tan Clear): The advertisement's claims (in Bengali) as translated into English, “Nature's lacto tan clear with milk and honey, makes skin tan free” was not substantiated with supporting evidence, and is misleading. Also, the visual showing the transformation of the dark complexion to fair, is misleading by exaggeration.

8. Aswini Homeopathy & Ayurvedic Products (Aswini Hair Oil): The advertisement's claim, “Now no hair fall………Our challenge”, was not substantiated and is misleading.

Education

The CCC found following claims in the advertisements by 75 different advertisers were not substantiated and, thus, violated ASCI Guidelines for Advertising of Educational Institutions. Hence complaints against these advertisements were upheld.

1. Pratap University: The advertisement's claims, “Ranked among top 20 universities of India by 'The Pioneer'”, and “Foreign University Collaboration UDG University of Motenegro Europe”, were not substantiated with supporting proof, and are misleading.

2. ITM University: The advertisement's claims, “100% placement of MBA (Supply Chain Mgmt)”, and “Highest placements in 1st year in central India”, were not substantiated with relevant data (such as evidence of batch size, enrolment forms, and appointment letters received by the students etc.) nor any independent audit or verification certificate. Also, the claims are misleading. The advertisement also claims, “05 lakh highest package (CTC)” and “3.25 lakh average package (CTC)”, were not substantiated with evidence to prove that students were offered the claimed salary packages, and also the claims are misleading.

3. Sujas: The advertisement's claims “Institute holds record for highest number of jobs provided in government and private sector”, and “100% guarantee employment/job”, were not substantiated with authentic supporting data such as detailed list of students who have been placed through their institute, contact details of students for verification, enrolment forms and appointment letters received by the students, nor any independent audit or verification certificate. Also, the claims are misleading by gross exaggeration. Also the claim, “Chance to work in a government office in 6 months for 10th/12th passed students”, was not substantiated with evidence to conclusively prove that 10th / 12th passed students were indeed offered jobs in government offices   and also the claim is misleading by ambiguity.

4. Aptech Limited (Arena Animation): The advertisement claim, “Get scholarship up to 50%”, was not substantiated with authentic supporting data such as detailed list of students who have received the scholarship, contact details of students for verification. Also the claim, “Learn from the global leader”, was not substantiated with comparative data versus other similar institutes in the same category or any third party validation or research to prove this claim. Also, the claims are misleading by exaggeration.

5. FIIT JEE Limited: The advertisement's claim, “Kota has become suicide capital of India. If you love your son / daughter, then never compromise on value system”, unfairly denigrates Kota city and is misleading by implication.

6. Naval Career Institute: The advertisement's claims (in Hindi) as translated into English, “No.1 agriculture coaching institute of country from 23 years”, “Most reliable, most experienced, most successful”, were not substantiated with supporting evidence and with comparative data versus other similar institutes in the same category or any third party validation or research to prove these claims.  Also, the claims are misleading by gross exaggeration.

7. Luthfaa Foundation Luthfaa Polytechnic Institute: The advertisement's claims, “In 2015- 100% students were placed in renowned companies like Mahindra Cie, Billets Electro Worke Ltd. Eiem Etc” and “In 2016- more than 60% students has already placed in renowned companies like Haier, Dmrk Engineering, Sumukha Engineering, Wireform Components India Pvt. Ltd, Billets Electro Worke Ltd.Etc”, were not substantiated with authentic supporting data such as detailed list of students who have been placed through their institute, contact details of students for verification, enrolment forms and appointment letters received by the students, nor any independent audit or verification certificate. Also, the claims are misleading by gross exaggeration.

8. Allen Career Institute: The claim in the advertisement, “The true Leader in AIPMT, NEET-UG, AIIMS Coaching”, was not substantiated with comparative data versus other similar institutes in the same category or any third party validation or research to prove this claim. Also, the claim is misleading by exaggeration. Also the claim, “Kota gives you 10 Times better chances to be selected in Pre-Medical (NEET- UG & AIIMS) or Pre-Engineering Exams”, was not substantiated with authentic supporting data.  Also, the claim is misleading by gross exaggeration.

9. National Academy of Event Management & Development: The advertisement's claim, “Join Asia's Best Event Management Institute”, was not substantiated with comparative data versus other similar institutes in the same category. Also, the claim is misleading by exaggeration. Also the claims, “Best Institute for Event Management at Asia Education Summit 2015” and “NAEMD- Recognised by Limca Book of Records-NAEMD is Asia's First & Best Event Management Institute to offer courses in Events Management & PR”, were not proven with supporting evidence, and are misleading. Further the use of “100%” numerical claim is not relevant for “placement assistance” claim. The claim is misleading by implication

Complaints against advertisements of all educational institutes listed below mostly are upheld because of unsubstantiated claims that they 'provide 100% placement/and/or they claim to be the No.1 in their respective fields':

University of Petro & Energy Studies (UPES College of Engineering Studies), Gyan Sagar Foundation (Royal group of Institution), Para Medical Council of Gujarat, Skybird Aviation, St. Margaret Engineering College, Mother Teresa Group of Colleges, Gomti Nandan Public School, Lingaya's Paradise Education Trust (Lingaya's University), Karnataka Reddyjana Sangha (Vemana Institute of Technology), Brundavan Educational Trust -Sampoorna Institution of Technology & Research, Mata Gujri College, Sanskriti College, Sri Aravindar Education Center (Sri Aravindar Engineering College), Chennais Amirta International Institute of Hotel Management, New Image Beauty Academy, Xavier College of Hotel Management , Sri Sapthagiri Institute of Technolgy, Mahanadi Education Society (Ritee Group of Institution), Subhas Bose Institute of Hotel Management (SBIHM), Frameboxx Animation & Visual Effects, Dhanwantari  ITI, M Star Institute of Hotel Management, Bagaria Education Trust (Vivekananda Global University), J K Lakshmipat University, Skytech Technical Training Foundation, Gandhi Institute Of Engineering & Technology, UCMAS (U C Mas Mental Arithmetic), Dr Sahus PMT Biology Classes, MATS University, Teerthanker Mahaveer University, Kota Study Circle, Sri Chaitanya IIT Academy, Bhavani/Aparna School of Nursing, IICHM School of Computer, Atmiya Group of Institutions, Dr.A.P.J. Abdul Kalam Polytechnic College, Subhas Bose Institute of Hotel Management (SBIHM), I.T.S The Education Group, Vijay Krishna College of Nursing, Apollo Institute of Technology, SVGI Group of Institutions (Lord Venkateswaraa Engineering College and Lord Ayyappa Institute of Engineering & Technology Kanchipuram Chennai), DAV College Trust & MGMT Society    (DAV Institute of Engineering & Technology), IIMT, Akash Animation Institute of Multimedia and Visual, Pai Classes, Sona College of Technology, Jasoda Institute of Technology and Management Science (JITMS), Bhabha Group of Institution, Academy of Indian Banking, Peoples Education Society (PES Evening College), Parshi Training & Tech Service (Cad Desk India), Prolific Training, Brain Bench, Vairabi Institute of Paramedical Sciences (VIPS), Bollineni College of Nursing, Jan Shikshan Sanstha, International Institute of Design, Kalasalingam University  Kalasalingam Academy of Research and Education, Centurion University, Ratnam Coaching Centre, Sanjay Shiksha Samiti  (Apex institute of Engineering & Technology), Prolific Systems & Technologies Pvt. Ltd, Hi-Tech Institute of Advance Technology, Alternative Learning Systems (ALS), Lords International College, Dream Shapers & Climax Academy and National Institute Of Fire & Safety Engineering (NIFSE).

 

Others:

1. Digital Radio Broadcasting Limited (Mumbai) (Redtro 106.4 FM): It was concluded that regardless of the disclaimer in the advertisement, the visual showing a boy hanging out of a moving train shows a dangerous practice without justifiable reason, manifests a disregard for safety and encourages negligence.

2. Fever 104 HT Media Ltd. (Fever 104 FM): The advertisement's claims, “Bangalore's No.1 FM Station!” and “1 > 2+3+4+5 -FEVER 104 Bangalore has more listeners than the combined listenership of RED FM (No.2), Radio One (No.3), Radio Indigo (No.4) & Mirchi (No.5). Well there is a reason we are called the baap”, were not substantiated and are misleading.

3. Berger Paints India Limited (Berger Express Painting): The advertisement's claims, “You will be amazed to see how the trained painters use the hi-tech sanding machines to scrape your walls without any dust and use the automatic paining machines to paint the walls perfectly in no time.” were inadequately substantiated with supporting evidence, and are misleading.

4. Polycab Wires Pvt. Ltd. (Polycab Cables & Wires): The advertisement's claim, “25% Power saving”, was substantiated under the lab conditions, but the claim is not valid for a general household. The claim is misleading by implication and exploits consumers' lack of experience and knowledge.

5. Trivago: The advertisement on Trivago of Hotel Hyatt, Kolkata claiming an offer of “Rs 2601 with breakfast included”, is misleading and is a “Bait and switch” type activity as on the click of the `view deal' option, the consumer is directed to another hotel and not Hyatt. The advertisement was grossly misleading.

6. C. Johnson Products P. Ltd. (All out 5 in 1): The advertisement's claim of “Complete protection” was not adequately substantiated. Also, the claim of “New” was not substantiated and is misleading.

7. Hitachi India Pvt. Ltd. (Hitachi A/C): The advertisement's claim, “5 star forever”, was inadequately substantiated and is misleading.

8. Vodafone India Ltd. (Vodafone HD Voice calling ad): The advertisement's claim, “Enjoy life-like sound with HD voice calls”, was inadequately substantiated and is misleading.

9. Su-Kam Power Systems Ltd.: The claims in the advertisement, “Largest solar rooftop installations” and “India's most trusted brand”, were not substantiated with supporting proof and with comparative data versus other industry players in the same category. Also, the TVC is misleading by gross exaggeration and does not have appropriate disclaimers to indicate the source of the research being referred to for the claims.

10. Amazon India (Moto G4 Plus): The advertisement regarding the contest was misleading by omission of the mention of date of execution and the date of announcements of winners of the contest. While Amazon asserts that they have complied with any obligation related to the offer, they did not provide evidence of the customers who have benefitted from the said offer.  The advertiser has not stated clearly all material conditions so as to enable the consumer to obtain a true and fair view of their prospects in such activities.

11. Idea Cellular Ltd. (IDEA 3G – Exclusive offers for TCS): The advertisement's claim, “Unlimited 2G after free data usage”, is misleading by omission of the condition that the 2G data speed is capped at 10kbps.

12. Nissan Motors India Pvt. Ltd. (Datsun redi-GO): The advertisement's claim, “Datsun redi-Go starting from Rs 2.39 lakh”, was not substantiated with supporting evidence of genuine customers who have availed of this offer, and is misleading by implication.

13. Godrej Consumer Products Ltd. (Godrej Aer Pocket): The claim in the advertisement, “lasts up to 30 days”, was not substantiated. The advertisement is also misleading by ambiguity as the voice over (in Hindi) says, “Iski khushboo tike pure tees din” (“lasts for 30 days”).

14. Bharat Petroleum Corporation Limited: The claims, “Better driving experience”, “Lower maintenance cost” and “Lower emission", were substantiated for speed in comparison to ordinary petrol; however, in absence of description of the basis of comparison in the advertisement, the claims were considered to misleading by ambiguity. Also in view of other potentially better sources of energy being available for the vehicle over petrol and in absence of any qualifiers, the claims “The environment friendly fuel”, “Eco-friendly fuel for the health of your car and the nature” are misleading by ambiguity and implication. Further, the absolute claim “Go green with speed” appearing with excessive emphasis on green colour theme in the advertisement was misleading and not considered to be appropriate and acceptable from environmental claims perspective.

15. K.Bhardwaj: The claims in the advertisements as translated into English, “Open challenge, solution for all problems except death. 5000% guaranteed, effect begins within one minute”, “A specialist in making you be with the desired male or female. Make your desired female or male do whatever you desire by hypnotizing/controlling them”, “Get rid of the other woman enemy. Teach a lesson to your enemies”, “If you want a love marriage, a quick wedding, even if your girlfriend/boyfriend or parents don't agree.  Make your parents agree, guaranteed”, “To hypnotize/control anyone or to break anyone's hypnotism/control”, “As soon as the spell is cast, girlfriend, boyfriend, wife will come back running to you” and “Lottery, satta (gambling) specialist”, were not substantiated, and are misleading by gross exaggeration. Also, the advertisement   exploits the consumers' lack of knowledge and is likely to lead to grave or widespread disappointment in the minds of consumers.

16. Prameya News7: The advertisement's claim to be the “No. 1 Odia News Channel” on the basis of Average Time Spent or ATS (Viewer) while the fair basis of comparison would be Gross Rating Points or GRPs ('000). A leadership claim can only be made on the basis of the total time that all viewers spend on it, not the average time each viewer spends. It misrepresents the leadership claim.  While the period of comparison, week 15-32, and the citation of BARC and the audience definition used, comply with BARC's Guidelines, the basis of comparison is chosen in a manner that confers an artificial and misleading advantage upon the advertiser.

17. Hindustan Pencils P. Ltd. (Apsara Pencil -SocialMediaDay Contest): Apsara Pencil ran a contest on Twitter and informed that the participant (complainant in this case) had not finished the step 1 process by not completing the hashtag - #ApsaraPencils……..whereas as per the complainant, all the contest rules were followed. The advertiser also stated that there were no winners for the contest as the necessary rules were not followed. However, no data regarding overall contest participants or details as to why the complainant was disqualified was provided by the advertiser. In absence of this data, the complaint was considered to be valid and the advertisement contravened the ASCI Codes.

18. Lenskart: The advertisement's claims, “We offer a unique free trial service across India”, was not substantiated with supporting evidence of the customers who have been benefitted by this offer. Also, the claim is misleading, as based on the information provided by the complainant, the advertiser is offering Frames on trial only in Delhi, Noida, and not across India as claimed in their advertisement.

19. Levi Strauss (India) Pvt. Ltd: The “Flat 50% off” claim in the advertisement is misleading by ambiguity as the discount is being calculated on a reference price which is inclusive of VAT and VAT is in any case being added post discount. With respect to the disclaimer in the advertisement, it was noted that a disclaimer should not attempt to correct a misleading claim made in an advertisement.

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