In January 2017, ASCI’s Consumer Complaints Council (CCC) upheld complaints against 143 out of 191 advertisements. Out of 143 advertisements against which complaints were upheld, 102 belonged to the Healthcare category, 20 to the Education category, followed by seven in Personal Care category, six in the Food & Beverages category and eight advertisements from other categories.
Healthcare:
The CCC found the following claims of 102 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.
- Proyurveda Lifescience Pvt. Ltd. (Max Artho capsules, oil and gel): The advertisement’s claims, “helps in protecting joint cartilage by reducing degeneration” and “helps in treating the root cause of joint pain”, were inadequately substantiated and are misleading by implication.
- Nurture Health Care (Medora Capsules): The advertisement’s claim (in Marathi) as translated into English, “Medora capsules deliver weight reduction without any lifestyle changes”, was not substantiated with evidence of product efficacy, and is misleading by exaggeration.
- Qi Lifecare Pvt. Ltd. (Qi Spine Clinic): The advertisement’s claim, “New treatment approach helps 50-year-old achieve complete recovery from 12 years of chronic back pain”, was inadequately substantiated. It was considered that the testimonials did not constitute reliable objective evidence and did not entitle the advertiser to make very broad claims made in the advertisement regarding surgery-free recovery. The consumers would be likely to understand that the testimonial was genuine representation of complete recovery from chronic back pain by the advertised treatment alone, and was representative of the results that could be generally achieved by taking the treatment. Also, since the physiotherapy treatment approach is well established, calling it “new” was considered to be misleading. Further the claim, “India’s first back pain specialist”, was not substantiated with comparative data versus other similar clinics providing similar treatment to prove this claim. Also, the claims are misleading by exaggeration.
- Shree Maruti Herbal (Stay On Power Capsules): The advertisement’s claim, “Clinically 99.99% efficacy proven power capsules”, was not substantiated with clinical evidence of product efficacy. Also, the claim when read in conjunction with the text in the body copy of the advertisement and product visual is misleading by implication that the product, which as per pack declaration is “Herbal supplement for men”, is for improvement in their capacity for sexual pleasure. It was noted that this medical product is being presented as “amazing gift” which people could exchange for Diwali among friends and considered this to be misleading by ambiguity and considered this to manifest a disregard for safety while consumption of the product and encourage negligence. It was further concluded that the advertisement gives a false impression regarding the true character of the medicine and is in breach of the law as it violated the Drugs & Magic Remedies Act (DMR Act).
- Sikar Hospital & Research Institute: The advertisement’s claim (in Hindi) as translated into English, “Successful treatment of childless couples”, was not substantiated with any clinical evidence, and is misleading by gross exaggeration. In addition, specific to the claim related to successful treatment of childless couples, the advertisement is in breach of the law as it violated the DMR Act.
- Eli Pharmaceuticals Pvt. Ltd. (Melas Cream and Melas Lotion): The advertisement’s claims (in Hindi), “Makes your skin spotless and improves complexion”, “Removes deep scars and improves complexion”, and the product pack claim, "For fairness", were not substantiated with any clinical study report, and with product efficacy data. Also, the claims are misleading by exaggeration.
- Dhathri Ayurveda Pvt. Ltd. (Dhathri abs clinic): The advertisement’s claims, “Get Slim effectively and effortlessly through Ayurveda based slimming”, “Long Lasting Result”, “No Side Effect”, “No crash diet”, were not substantiated with any supporting clinical evidence, and are misleading. Also, efficacy being depicted via images of before and after the treatment are misleading by exaggeration.
- Ayur Life Health Care (Ayur Hair Cream): The advertisement’s claims, “makes white and grey hair black without dye”, “grow hair on bald head”, “Stop dandruff and hair fall” and “complete Ayurvedic solution for hair problems”, were not substantiated with product efficacy data, and are misleading by gross exaggeration. Also, efficacy being depicted via images of before and after the usage of the product is misleading.
- Dr. Sharmaji: The advertisement’s claim, “To give guaranteed treatment for old diseases or any kind of pain naturally without any medicines”, was not substantiated with any supporting clinical evidence, and is misleading by gross exaggeration.
- Induslife Biotics Pvt. Ltd. (DIA-QR): The advertisement’s claims, “To naturally segregate insulin” and “No side effects, no diet control, 100 per cent natural and an ayurvedic proprietory medicine”, were not substantiated. It was noted the advertisement makes a claim of “making diabetic life to normal life is easy” which is misleading by exaggeration and the product claim as well as product name “Dia-QR” is misleading by implication that the product would cure Diabetes, which is in breach of the law as it violated the DMR Act.
- Vitro Naturals: The advertisement’s claims, “Diabetic Care Miracle Drink Sugar Balance -- An Unique combination of wonder full 17 Ayurvedic Herbs that are known for support healthy functioning of organs such as Pancreas and Liver”. “Karela Jamun -- Helpful to maintain blood sugar level”, were not substantiated with clinical evidence for the product efficacy. Further the claim, “National Award Winner”, was not substantiated with details, references of the award received such as the year, source and category. Also the claim “Certified Organic Health Care Juice”, was not substantiated with supporting evidence. The claims are also misleading.
- Ismail Pharma (Mathura) (Ismail Pharma Range of Products): The advertisement’s claim for their product Night Stop Capsule and Powder, “Immediately stop diseases, wet dreams, sperm flow in urine, semen discharge, used formula for increasing age, childhood mistakes, weakness of nerves, thin semen, premature ejaculation, masculine weakness.”, and the claims for the product Recharge Kit Capsule, Oil and Powder, “Amazing feeling of passion and power which keeps you always recharge” were not substantiated with clinical evidence, and are misleading. The advertisement was considered to be, prima facie, in violation of the DMR and the Drugs & Cosmetics Act (D&C Act).
- Amlaya Herbals (Jippo Range Of Products): The advertisement’s claims, “Full Swadeshi, Ayurvedic Product, use of oil with capsule helpful for better result in male, use once and see the effect” were not substantiated with clinical evidence, and are misleading. The advertisement was considered to be, prima facie, in violation of the D&C Act.
- Capital Pharmacy (Attari Tel): The advertisement’s claim, “Effective in old faaliz, massage during paralysis, palsy (Faaliz), arthritis, immediate massage, immediate relief” were not substantiated with clinical evidence, and are misleading. The advertisement was considered to be, prima facie, in violation of the DMR Act and the D&C Act.
- Sri Varma Ayurvedic Hospital: The advertisement’s claims, “Disease is not getting healed even after treating it for several years? Through special Ayurveda panchkarma treatment of Shree Varma it will be cured in 90 to 180 days”, “Surgery less, lifetime treatment for skin problems and piles complaint”, “Meet Dr. K. Gowthaman, BAMS in Pondicherry on 27.11.2016 Sunday and get treated completely”, “Psoriasis: We are treating all types of skin diseases including acne, herpes, manan, bokan, visoori, irritation, patches, poison bites, vitiligo, psoriasis, eximo and itching. Are you not getting healed even after taking medicines from skin doctors for years together? Try our medicines and get healed completely” and “piles complaint: pain during excretion, blood during excretion, pain after excretion, itching in anal opening can be cured using Shree Varma special treatments”, were not substantiated with clinical evidence, and are misleading. The advertisement was considered to be, prima facie, in violation of the D&C Act.
- Proyurveda Lifescience Pvt. Ltd. (Proyurveda Max Pilo): The advertisement’s claim, “Get rid of piles from roots, USA patented” were not substantiated with clinical evidence, and are misleading. The advertisement was considered to be, prima facie, in violation of the D&C Act.
- Juvenor Pharmaceuticals (Muslinites Gold): The advertisement’s claim, “Ab har raat banegi baat, Muslinites Gold helps in overcoming fatigue, tiredness and revitalising your energies with the proven benefits of time tested Ayurvedic Herbs like Musli, Shilajeet, Shatavari & Ashwagandha,” Advertisement also refers to “MusliNite Tripti oil suggested to use along with capsule” were not substantiated with clinical evidence, and are misleading. The advertisement was considered to be, prima facie, in violation of the D&C Act.
- Shree Maruti Herbal (Stay-On Oral Liquid): The advertisement’s claims, “Herbal drink for men and women”, “Take 30 minutes before sleeping”, “Prepared from 100% Herbal Formula Stay On awakens unbelievable passion in your body which fills your life completely with unlimited excitement, youth and strength, immediately effective” were considered to be, prima facie, in violation of the D&C Act.
- Shree Maruti Herbal (Stay-On Capsule): The advertisement’s claims, “Open secret for gifted life of togetherness, no question about Stay On energy”, “Lakhs together people are leading their lives with new energy & enthusiasm with their life partners & starting new life with happiness & same intensity” and the claims for the product Stay-On Power Capsules, “For enthusiasm, zest and energy” were considered to be, prima facie, in violation of the D&C Act.
- Shree Maruti Herbal (Stay-On Oral Liquid): The advertisement’s claims, “Feeling of masculinity”, “Stay-On prepared from 100% herbal formula that awakens amazing passion in your body which fills your life with excitement, new youth, stamina” and “first time in India, quick acting” were considered to be, prima facie, in violation of the D&C Act.
- Sri Varma Ayurvedic Hospital : The advertisement’s claims, “Surgery less treatment, Life time solution”, “Disc Prolapse: Adapting herbal medicines in the initial stage itself can help us not only from back pain free life but also prevent surgery treatments and live a healthy life. Proved Sree Varma special medicines can provide complete relief from Disc Prolapse and nervous disorders”, “Knee pain special treatment: People suffering from knee pain, knee swelling and are feel difficulty in standing, walking, stretching can be healed without surgery through Sree Varma's special medicines. Diabetes, women's special treatment can be cured through our treatment.” The advertisement was considered to be, prima facie, in violation of the DMR Act and the D&C Act.
- Shree Maruti Herbal (Stay-On Power Oil): The advertisement’s claim, “Massage daily and experience the height of pleasure” was considered to be, prima facie, in violation of the D&C Act.
- Shree Maruti Herbal (Stay-On Power Capsule): The advertisement’s claims, “Now, more and more people are switching over to Stay-On, It's time you knew why? Because Stay On with nine ayurvedic herbs like salampanja, safed musli, shilajeet, etc. ideally blended and fortified with world famous Ginseng that’s unique. No wonder millions prefer Stay On for vim, vigour & vitality and rediscover joys of exciting and energetic life in blissful coexistence” and “vitality, stamina & energy” were considered to be, prima facie, in violation of the D&C Act.
- Rajnish Hot Deals Pvt. Ltd. (PlayWin Range of Products): The advertisement’s claims, “For Powerful Stamina”, “Instant Effect”, “Play Win Plus Capsule -- Mixture of rare Ayurvedic Herbs”--“Helps prevent premature ejaculation”, “100% Ayurvedic, No side effect, For better result also use Play Win Oil, Growth of Power, Strength, Extra Timing and Warmness!” were considered to be, prima facie, in violation of the D&C Act.
- Rajnish Hot Deals Pvt. Ltd. (Play Win Range of Products): The advertisement’s claims, “Effect from first day”, “Only effect, No side effect”, “Do 21 days course, by massage on weak nerves with few drops of Play Win Oil, it will strengthen the vital organs of the body. This will ensure happy and satisfied married life. Blood pressure & diabetes patients can also consume”, “For better result also use Play Win Oil”, “growth of power, strength, energy and warmness!” were considered to be, prima facie, in violation of the D&C Act.
- Rajnish Hot Deals Pvt. Ltd. (Play Win Range of Products): The advertisement’s claims, “For powerful stamina”, “Instant energy”, “Play Win Plus Capsule Mixture of rare Ayurvedic herbs”, “Diabetes and BP patient can use this medicine”, “100% Ayurvedic, No Side Effect”, “For better results also use Play win Oil” and “Growth of power, extra timing, strength and warmness!” were considered to be, prima facie, in violation of the D&C Act.
- Rajnish Hot Deals Pvt. Ltd. (Play Win Range of Products): The advertisement’s claims, “Growth of power, extra timing, strength and warmness”, “Instant energy”, “100% Ayurvedic, No side effect”, “Diabetes and BP patients can use this medicine”, “Helps prevent premature ejaculation”, “Play Win Plus Capsule -- Mixture of rare Ayurvedic herbs”--“For better results: Massage on weak nerves with few drops of Play Win Oil, it will strengthen the vital organs of the body” and “For Powerful Stamina” were considered to be, prima facie, in violation of the D&C Act.
- Izda Healthcare (Depforce): The advertisement’s claims, “Fast acting Herbal Oral Strip prepared by German Technology”, “Depforce is more effective than any tablet, capsule or syrup because it melts quickly in the mouth and goes in the blood so that we get effect of all the herbs present in Depforce”, “100% Herbal helpful medicine” and “Our trust that you will forget using any other capsule, tablet, syrup.” were considered to be, prima facie, in violation of the D&C Act.
- Dr Batras Positive Health Clinic: The advertisement’s claims, “Obesity lose to win”, “Natural, safe, long term results”, “Natural, the plant extract used in the homeopathy pills have medicinal properties of anti-obesity, safe, We have secured 96% patient satisfaction that is authenticated by American Quality Assessors (AQA) in treating the root cause of obesity, without any side effects whatsoever long term results A study revealed that homeopathy medicine aids in reducing excess body weight, improving stagnant weight loss, managing cholesterol levels and increasing the metabolic rate of the body” were considered to be, prima facie, in violation of the DMR Act and D&C Act.
- Radha Kishan Children Hospital: The advertisement’s claims, “Surgery giving freedom from obesity”, “Remove obesity, live healthy life bountiful” and “Get rid of obesity, get happiness of disease free life and long life” were considered to be, prima facie, in violation of the DMR Act and the D&C Act.
- Sex Samadhan Clinic: The advertisement’s claims, “The successful Ayurvedic treatment of weakness due to childhood mistakes, undeveloped organ, weakness in nerves, small organ, serpentine, thin, impotence, childlessness, nightfall & other every secret problems” and “Completely beneficial treatment, no side effect, Lifetime effect else money back” were considered to be, prima facie, in violation of the DMR Act and the D&C Act.
- Essentia Business Pvt. Ltd. (Kamadeva Long Drive Range of Products): The advertisement’s claims, “100% result, 100% Ayurvedic, 100% safe” and “Sexual problems like weakness, quick ejaculation, lack of sperm and ovum and for other confidential problems medicines will be available. There are no side effects” were considered to be, prima facie, in violation of the DMR Act and the D&C Act.
- Chaturbhuj Pharma Company (Japani Range of Products): The advertisement’s claims, “Japani capsule has herbal mixture, which maintains strength and enthusiasm in your body. You will notice the feelings of youthfulness, enthusiasm, strength and energy in your body and mind after using Japani capsule.” and “For better results use Japani oil with Japani m capsules regularly.” were considered to be, prima facie, in violation of the D&C Act.
- Merlin Natural Care Clinic: The advertisement’s claims, “To cure premature ejaculation, insufficient erection, small size of sex organ. Arthritis, piles, fistula, weight issues, hair problem and many other chronic problems” and “100% side effect free solution, with the correct consultation and problem detection, make yourself more beautiful” were considered to be, prima facie, in violation of the DMR Act and D&C Act.
- Juvenor Pharmaceuticals (Muslinites Gold Capsule): The advertisement’s claim, “Helps in boosting vitality with the power of swarna bhasma” was considered to be, prima facie, in violation of the D&C Act.
- Taj Hospital: The advertisement’s claims, “Leave alcohol, impotence, piles, semen, lack of sperm” and “Taj dawakhana for happy married life” were considered to be, prima facie, in violation of the DMR Act and the D&C Act.
- Chaudhary Bavasir Hospital: The advertisement’s claim, “Successful treatment of piles, fissure & fistula” was considered to be, prima facie, in violation of the D&C Act.
- Positive Homeopathy: The advertisement’s claims, “100% cure is our priority”, “Accurate treatment to impotence”, “Eternal treatment is available in positive homeopathy to the sexual problems” and “Elegant solution to the Impotence and Infertility with the constitutional method by understanding the nature of a person and the reasons behind the weakness” were considered to be, prima facie, in violation of the DMR Act and the D&C Act.
- Prakruti Ayurvedic Hospital: The advertisement’s claims, “Fistualae- India's First one hour treatment method.” and “Treatment specifications: No possibility of arising again, guaranteed treatment” was considered to be, prima facie, in violation of the D&C Act.
- Rajnish Hot Deals Pvt Ltd (Play Win Range of Products): The advertisement’s claims, “Awakens the slept desires”, “Effect Starts from the first day” and “For Better results also use Play win Oil, increases passion, strength, energy and pep!” were considered to be, prima facie, in violation of the D&C Act.
- Rajnish Hot Deals Pvt Ltd (Play Win Range of Products): The advertisement’s claims, “Growth of Power, Extra Timing, Strength and Warmness”, “Get powerful strength in every moment” and “For better results: Massage on weak nerves with few drops of Play Win Oil, it will strengthen the vital organs of the body.” were considered to be, prima facie, in violation of the D&C Act.
- Ismail Pharma (Night Stop Capsule and Powder): The advertisement’s claim, “Immediately stop semen coming before or after urine”, “No Side Effect 100% Ayurvedic”, “Used Formula for Increasing age childhood mistakes, weakness of nerves, thin semen, lack of sperm, masculine weakness” and “Recharge Kit -- Capsule, Oil And Powder -- Amazing feeling of passion and power which keeps you always recharge.” were considered to be, prima facie, in violation of the D&C Act.
- Vjs Pharmaceuticals Pvt. Ltd. (Visible Change Cosmetic Beauty Clinic): The advertisement’s claim, “Get your natural Hair back in 35 minutes”, was not substantiated with treatment efficacy data, and is misleading by gross exaggeration. Also, efficacy being depicted via images of before and after the treatment is misleading.
- Angels Advanced Clinic Pvt. Ltd. (Angels Advanced Clinic): The advertisement’s claims, “Put a check to overweight: Angel is specialised in making your body slim by reducing over weight and belly fat using advanced methods like cellulite therapy, Body former & protein therapy”, and “Desired skin colour is yours: Improve your face colour along with your entire body with GSH and advanced skin peels”, were not substantiated with any supporting clinical evidence, and are misleading. Also, efficacy being depicted via images of before and after the treatment are misleading by exaggeration.
- Hair Doc Trichology Hair Clinic: The advertisement’s claim, “Stop hair fall in time..!”, and “Root grow treatment -- India's first hair growth treatment with Persia Americana stem cell extract”-- were not substantiated with any supporting data or clinical evidence. These claims are misleading by exaggeration. Also, efficacy being depicted via images of before and after the treatment are misleading.
- Tulsi Herbo Cure: The advertisement’s claim, “For Psoriasis disease treatment -- can be cured by our treatment within three to six months and it won't even return back”, was not substantiated with any supporting clinical evidence, and is misleading by exaggeration.
- Healing Hastha Herbal Concepts (My Dr. Pain Relief Oil): The advertisement’s claim, “Massaging with My Dr. Pain Relief Oil you will get permanent relief from pain”, was not substantiated with product efficacy data, and is misleading by exaggeration.
- Kudos Laboratories India (Kudos V-1 Jointment): The advertisement’s claim, “No.1 - Anti Arthritis Treatment”, was not substantiated with any verifiable 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 and by ambiguity and omission of the reference to the particular criteria for which they are No.1.
- Rajnish Hot Deals Pvt. Ltd. (Play Win Range of Product): The advertisement’s claims, “Growth of Power, Extra Timing, Strength and Warmness”, “Instant Energy”, “Diabetes and BP Patients can use this medicine”, “Helps prevent premature ejaculation”, “For better results: Massage on weak nerves with few drops of Play Win Oil, it will strengthen the vital organs of the body”, “For Powerful Stamina” and the visual in the advertisement, were considered to be, prima facie, in violation of the D&C Act.
- Shree Maruti Herbal (Stay On Capsule): The advertisement’s claims, “Thousands prefer Stay-On now, you better know why!”, “Thousands of couples have rediscovered passion in their lives. It's your turn now”, “Vitality, stamina & energy” and the visual in the advertisement, were considered to be, prima facie, in violation of the D&C Act.
- Rajnish Hot Deals Pvt. Ltd. (Play Win Range of Product): The advertisement’s claims, “Increases passion, strength, extra timing and pep”, “Immediate effect”, “100% Ayurvedic no side-effect, So diabetes and Blood Pressure patients can take it”, “Helpful in stopping premature ejaculation”, “For better results massage nerves with few drops of Play Win Oil and make your loose organs strong and strengthen” and “For powerful stamina”, were considered to be, prima facie, in violation of the D&C Act.
- Naik Homeopathy Care and Cure Clinic (Naik Homeopathy): The advertisement’s claims, “Successful treatment on : kidney failure, heart diseases & liver failure, cancer / mental diseases; infertility prevention/ sexual problems, arthritis / spondilysis, skin diseases / psoriasis obesity / asthma depression/mentally challenged children”, were considered to be, prima facie, in violation of the DMR Act and the D&C Act.
- Bengali Dawakhana: The advertisement’s claim, “Get lost strength & youth from years in few days, take treatment of increased prostate without operation”, were considered to be, prima facie, in violation of the D&C Act.
- M J Care Hospital: The advertisement’s claims, “Successful treatment of venereal diseases”, “Complete treatment in 20 days” and “Successful treatment for men, women’s sexual diseases such as, premature ejaculation, sexual impotence and low sperm count”, were considered to be, prima facie, in violation of the DMR Act and the D&C Act.
- Makewell Pharmaceutical (Speed Height Capsule): The advertisement’s claim, “Helpful in physical development” and the visual implies increase in physical stature, were considered to be, prima facie, in violation of the DMR Act and the D&C Act.
- Shravya Speech and Hearing Clinic: The advertisement’s claims, “Do you hear less? you can get rid of less hearing disease through different types of ultra-modern machine available with us, treatment of stammering, Lisping and all problems of speaking.”, were considered to be, prima facie, in violation of the DMR Act and the D&C Act.
- Mongas Ayurvedic and Herbal Company (Ayur Grow Tablet): The advertisement’s claim, “Helpful in growth of height”, was considered to be, prima facie, in violation of the DMR Act and the D&C Act.
- Benda Acupuncture and Slimming Centre: The advertisement’s claims, “new hope for disappointed patients”, “reduce obesity, increase height”, “cerebral palsy, many children suffering from this disease are living a normal life being healthy in Benda Acupuncture Centre” and “deafness, treatment of paralysis”, were considered to be, prima facie, in violation of the DMR Act and the D&C Act.
- Ayushakti Ayurved Pvt. Ltd. (Ayushakti Ayur Health Centre): The advertisement’s claims, “Ayushakti focuses on results!” and “Helped lakhs of people for past 27 years to experience parenthood”, were considered to be, prima facie, in violation of the DMR Act and the D&C Act.
- Natural India Products Company (Nipcos Range of Products): The advertisement’s claims, “Besto Plus -- For increasing female's beauty…”, “true feeling of feminism…”, “Ayurvedic oil, cream. Effective medicine of enhancing female’s beauty” and the claims & visual imply breast enhancement, were considered to be, prima facie, in violation of the DMR Act and the D&C Act.
- Stammering Relief Centre: The advertisement’s claims, “Fix stammering/stuttering”, “Treatment only in two weeks/ do not doubt, do trust”, “100% guarantee”, were considered to be, prima facie, in violation of the D&C Act.
- Nila Pharmaceuticals (Arsamukthi): The advertisement’s claims, “Effect seen within three days”, “Use Arsamukthi and enjoy piles free life”, “Arsamukti helps complete relief from piles and related symptoms.” were considered to be, prima facie, in violation of the D&C Act.
- Shree Varma Ayurveda Hospital: The advertisement’s claims, “Varicose vein, uterus problems can be cured by Sree Varmas Ayurveda Special treatment within 90 to 180 days”, “Certain diseases which are believed to be only healable through surgery and patients who have been left by well renowned hospitals and the so called specialists saying that they can't be healed and they must live life long only with the pain relieving supplements started to completely heal through the miraculous Varma treatment of Aacharya. Apart from completely curing the people from the diseases, in order to prevent the return of diseases and to lead a healthy life Aacharya came up with the Sree Varma PCR Ayurveda Medicine”, “Varicose Vein: Through our treatment it can be cured”, were considered to be, prima facie, in violation of the DMR Act and the D&C Act.
- 34 Heart Care: The advertisement’s claims, “Freedom from heart diseases, treatment without surgery”, “Treatment without bypass surgery”, “95% Success rate”, “Natural By-pass” and “Treatment in only 20-40 days”, were considered to be, prima facie, in violation of the DMR Act.
- Caram Health Care Ziolyfee: The advertisement’s claims, “Good news For Diabetic people. Ziolyfe Tablet plays an effective role in people, suffering from Diabetic side effects with increased urination, Tiredness, burning in legs, leg cramps, and flatulence”, were considered to be, prima facie, in violation of the DMR Act and the D&C Act.
- Sablok Clinic: The advertisement’s claim, “Come Lets fill new passion, new joy and new youth in your married life, consult for successful treatment of sex related every problem”, was considered to be, prima facie, in violation of the D&C Act.
- Health 4 You: The advertisement’s claim (in Hindi) as translated in English, “Avoid Angioplasty & Bypass Surgery with Natural Bypass”, “Safest, Non- Surgical”, were not substantiated with supporting clinical evidence. Claim, “USA- FDA approved treatment for chest pain (Angina) & Heart Failure”, was not proven with supporting data. Also, the claims are misleading by gross exaggeration. Specific to the claims related to the treatment of heart diseases, the advertisement is in breach of the law as it violated The Drugs & Magic Remedies Act (item 26 under DMR schedule).
- Pretti Slim Clinic: The advertisement’s claims, “Got an hour? Lose up to eight centimetres!”, “Just one hour every week for a slimmer you with our U-Lipo”, “Lose up to eight centimetres, every session!” was inadequately substantiated, and is misleading by gross exaggeration. Also, with reference to the visual showing an image of an obese person, the advertisement is misleading by implication that the treatment would solve the problem of obesity by progressively reducing eight centimetres per session.
- Angels Advanced Clinic: The advertisement’s claims, “Hair can regrow with stem cell therapy”, and “Say good bye to overweight & belly fat and get slim figure with body former, cellulite therapy and protein therapy”, were not substantiated with supporting evidence, and are misleading by gross exaggeration.
- Oplus Hospital: The advertisement’s claims, “Natural bypass without operation for heart patients” and “No surgery”, were not substantiated with supporting clinical evidence, and are misleading by exaggeration. Also, specific to the claims implying treatment for heart diseases, the advertisement is in breach of the law as it violated the DMR Act.
- Dr. A’s Clinic: The advertisement’s claim, “World's #1 Hair Restoration Centre”, was not substantiated with any comparative data versus other similar clinics / institutes in the same category or any third party validation or research to prove this claim. Also, the claim is misleading by exaggeration.
- Advanced Beauty & Cosmetic Clinic: The advertisement’s claims, “Tailor made body with advanced Cryolipolysis cool body sculpting” ,“Non-surgical fat reduction treatment”, “Cool body sculpting revolutionary body contouring treatment that freezes and naturally eliminates fat from your body”, “There are No needles, No special diets, No exercise programs and best of all- No downtime” and “Developed by Harvard scientists to eliminate fat, Cool body sculpting is FDA cleared, safe and clinically proven”, were not substantiated with clinical evidence of treatment efficacy, and are misleading.
- Diabliss Consumer Products Pvt. Ltd. (Diabliss Herbal Cane Sugar): The advertisement’s claims, “Introducing Diabliss, the sugar filled with herbal concentration which can reduce the glycemic levels” and “Diabliss obtained after 10 years of research contains enormous benefits”, were inadequately substantiated and are misleading by exaggeration.
- Mead Johnson (Enfagrow A+): The advertisement’s claim, “Give your child the best start in life” accompanied by the consumer testimonials describing effect of the product, was not substantiated with any clinical evidence of the effect of the product on brain development and is misleading by implication. Further the disclaimer in the advertisement, “The views expressed are by real consumers of Enfagrow A+ based on their experience. All views expressed may not be necessarily supported by Mead Johnson” was in violation of Clause 1 and 2 of the ASCI guidelines on Disclaimers. The advertisement’s claim, “Enfagrow A+ has Triple Health Guard which supports child’s respiratory health and provides resistance to other common infections”, was inadequately substantiated, and is misleading by ambiguity as the advertiser did not provide any product specific data as to how these “Triple Health Guard” benefits are being delivered by the advertised product. The claim, “Enfagrow A+ has the highest DHA”, is false and misleading by ambiguity and implication as the claim did not hold true for the DHA content on the per serving basis nor on per 100 gm basis as compared to a competitor product.
- Positive Homeopathy (Anti-Allergy Clinic): The advertisement’s claims, “100% cure is our priority”, “Freedom from the problems of sinusitis” and “This disease can be cured with exercise, proper nutrition and the usage of medicine in a desired way as described by the experienced doctors without any side effects”, were not substantiated with supporting clinical evidence, and are misleading by exaggeration.
- Vee Care Marketing World Pvt Ltd (Vee Care Ayurveda): The advertisement’s claims, “Reduce weight while eating and drinking” and “By using VEE Care's Ayurvedic Medicine for only 90 days and you yourself will see that you have reduced weight from five to 32 kilograms. Without any side effect”, were not substantiated with supporting clinical evidence, and are misleading. Also, the claim, “Or else get money back”, was not substantiated with supporting evidence of the customers who were refunded with the money back, and is misleading.
- Dr Batra’s Homeopathy Family Clinic: The advertisement’s claim, “Awarded Best Clinic 2015 -- Socrates Committee, Oxford”-- was not substantiated with details, references of the award received. The claim is also misleading.
- Kudos Laboratories India Limited Kudos V-1 Range of Products (Kudos V-1 Tablet and Jointment): The advertisement’s claims, “Kudos V-1 tablet and Kudos V-1 Jointment is one very good medicine for joints that it is been appreciated by Ayush state minister Shree Shreepad Yeso Naik and Agriculture and Welfare Department, State minister of Panchayati State Shree Purushottam Rupala” and “Used by lakhs, got riddance from pain”, were not substantiated with supporting evidence, and are misleading by implication. The testimonials in the advertisement implying permanent cure are misleading by gross exaggeration.
- Rex (U& A) Remedies Pvt. Ltd. (Rex’s Dimaghi the complete Brain Tonic): The advertisement’s claims, “Complete brain tonic”, “Made out of 12 herbs like Amla, dates, almonds”, “Arouses and enhances the power and the capacity of brain”, “Ideal for those who do mental work and physical labour, for instance, teachers, students, lawyers, engineers, doctors, accountants, intellectuals and sport persons”, “Very useful and unique tonic for brain as it is a compound of the natural herbs recommended after modern research” and “Regular use of & Rex's Dimaghi is very useful in the following conditions: Tiredness and laziness after mental and physical work, Weakening of retentive power of memory and lack of concentration, For refreshing and soothing heart and brain, For maintaining physical fitness, For revitalizing heart, brain and nerves, For relieving headache, sleeplessness palpitation of heart as also for improving eyesight, For removing bad breath and Promoting digestion”, were not substantiated with evidence of product efficacy, and are misleading by exaggeration.
- Dr. Sanjeev Bhardwaj (Dr. Sanjeev Cancer and liver clinic): The advertisement’s claims, “chemotherapy and radiation free treatment for successful treatment of cancer”, “have brought a rapid difference even in last stage cancer patients” and “cure cancer patients using ayurvedic medicines” was considered to be, prima facie, in violation of the DMR and the D&C Act.
- SBL Ltd.: The advertisement’s claim, “Defeat diabetes naturally” and “controls insulin levels in body” was considered to be, prima facie, in violation of the DMR Act and the D&C Act.
- Arogyam Panchkarma (Obesity Killer Kit): The advertisement’s claims, “Reduce five to ten kilograms weight in only 15 days” and “We can reduce from five to 55 kilograms without any side effect” was considered to be, prima facie, in violation of the DMR and D&C Act.
- Dindayal Industries Limited (303 Capsule): The advertisement’s claims, “Today or tomorrow, enjoy every moment”, “For Men Only” and “Formula made of 41 powerful herbs for full Vigour and strength” was considered to be, prima facie, in violation of the D&C Act.
- Dindayal Industries Limited (303 Gold Power Oil): The advertisement’s claims, “Strength, Vigour, Stamina.”, “303 Gold Power Oil is made by Olive oil through Ayurvedic Golden flutter method, especially beneficial for extenuation of nerves” and “For Men Only.” The visual in the advertisement, read in conjunction with the claims objected to imply that the product is meant for enhancement of sexual pleasure, was considered to be, prima facie, in violation of the D&C Act.
- Dindayal Industries Limited (303 Gold Capsule): The advertisement’s claims, “Be a King”, “For Men Only”, “More Powerful Advanced Formula. 303 Capsules is made from Swarna Bhasam, Kesar, Shilajit & other effective and valuable ingredients. Which brings Energy and Passion in your life. Regular usage helps in activating the idle nerves.” Also the visual in the advertisement, read in conjunction with the claims objected to implies that the product is meant for enhancement of sexual pleasure, was considered to be, prima facie, in violation of the D&C Act.
- Nurture Healthcare (Ayurex NDX): The advertisement’s claims, “This would not be the condition if Ayurex NDX Capsules were taken”, “Immediate Stamina”, “Amazing Powerful Ayurvedic Medicine”, “One capsule one hour before” and the visual in the advertisement, read in conjunction with the claims objected to implies that the product is meant for enhancement of sexual pleasure, was considered to be, prima facie, in violation of the D&C Act.
- Olivet Pharma Pvt. Ltd. (Ayusya Ayurvedic Superspeciality Treatment Centre): The advertisement’s claims, “Over 3 lakhs Satisfied Patients” and “Get relief from: Leucoderma, Diabetes, Sexual Problem, Infertility and other diseases”, were considered to be, prima facie, in violation of the DMR Act and the D&C Act.
- Bajrangi Nirogdham Aushadhalay: The advertisement’s claims, “Get rid of sex related problems” and “Premature ejaculation, Masculine weakness, Piles, Decrease in sexual activity, Low sperm count, Impotence, Nightfall, Meet for reducing obesity and stomach”, were considered to be, prima facie, in violation of the DMR Act and the D&C Act.
- BNDD Herbals (BNDD Rudra Shakti Malt): The advertisement’s claims, “For full vigour and strength” and “Beneficial in Energy, power, pep, Sexual debility etc.” were considered to be, prima facie, in violation of the D&C Act.
- Chaturbhuj Pharmaceutical Company (Japani Capsule Range Japani M and F): The advertisement’s claims, “Both Men and women are unable to experience satisfaction in their married life.” and the visual on the packaging, read in conjunction with the claim objected to implies that the product is meant for enhancement of sexual pleasure were considered to be, prima facie, in violation of the D&C Act.
- Jeevan Jyoti Health Clinic: The advertisement’s claims, “Get rid of sexually transmitted diseases, Impotence, Nightfall, Premature Ejaculation, Decrease in sexual activity, Semen disorder, Low sperm count” and “Disappointed childless couples must meet once for getting child.” were considered to be, prima facie, in violation of the D&C Act.
- Khodiyar Ayurvedic: The advertisement’s claim, “Remove Haemorrhoids, Warts, Fistula and Fisher from the roots through Ayurvedic medicine without operation with money back guarantee” was considered to be, prima facie, in violation of the D&C Act.
- Navchetana Kendra (Navchetana Kendra Products Recall Capsule): The advertisement’s claims, “It not just treats mental disorder/ailments but also takes care of your mind and nerve system its keeping you active and fresh it active and fresh! So if you want to say good bye to stress, over thinking, depression and negativity from your mind and want to have a healthy mental state 'Recall Capsule' will be helpful & useful to get rid of those problems” were considered to be, prima facie, in violation of the DMR Act and the D&C Act.
- Navchetana Kendra (Navchetana Kendra Products Debisulin): The advertisement’s claim, “Navchetana Kendra Designed a formulation Debisulin for your diabetes problems” was considered to be, prima facie, in violation of the DMR Act and the D&C Act.
- Om Sai Ayurveda India Limited: The advertisement’s claims, “Try ayurveda & increase height or get your money back”, “This treatment helps in increasing height,” and the visual in the advertisement is misleading and were considered to be, prima facie, in violation of the DMR Act and the D&C Act.
- Shree Hari Clinic: The advertisement‘s claims, “Get healthy without operation!”, “Stones, piles, tumour, heart diseases. Sure treatment in Ayurved” and “Treatment of Male female sterility, Irregular menstruation, polycystic ovary, weak uterus & blocked tubes without operation, sure treatment in Ayurveda”, were considered to be, prima facie, in violation of the DMR Act and the D&C Act.
- OPTM HealthCare Private Limited (Varco Therapeutic Oil): The advertisement’s claims, “Manage varicose veins naturally, without stockings and surgery” and “Presenting a revolutionary breakthrough in the treatment of varicose veins, Varco a natural topical all that is pharmacologically and toxicologically evaluated and takes care of the disease right from the roots, So, forget surgery, manage varicose veins naturally”, were considered to be, prima facie, in violation of the D&C Act.
- Vedamrut Ayurvedic Health Education Trust and Research Centre: The advertisement’s claim, “Successful treatment method on Piles, Fisher and Fistula”, was considered to be, prima facie, in violation of the D&C Act.
- Olefia Biopharma Limited (Votif Range of Products Votif Powder and Syrup): The advertisement’s claims, “For every problems related to sex”, “Useful For every age group” and “Lack of sex desire or no willingness, thin or low semen and premature ejaculation and wet”, were considered to be, prima facie, in violation of the D&C Act.
- Syneron Candela (CO2RE Intima): The advertisement’s claims for CO2RE Intima for Vaginal Tightening, “1st Time in India, US FDA approved simple, non-surgical laser for vaginal tightening”, “Enjoy life like you used to, more confidence, comfort, enjoyment”, “Restores vaginal tone, flexibility and shape.” and the advertisement also shows a photo of a man and woman in tight embrace with smile on the face, were considered to be, prima facie, in violation of the DMR Act.
- Health 4 You: The advertisement’s claims (in Hindi) as translated into English, “Avoid Angioplasty & Bypass surgery with natural Bypass” and “Safest, Non-Surgical”, were not substantiated with supporting clinical evidence. Also the claims, “USA- FDA Approved Treatment for chest pain (Angina) & heart failure”, was not proven with supporting data. Further, the claims are misleading by gross exaggeration. Specific to the claims related to the treatment of heart diseases, the advertisement is in breach of the law as it violated the DMR Act.
- Fit N Slim Weightloss & Slimming Center: The advertisement’s claims (in Gujarati) as translated into English, “Reduce weight”, “Two to three inches in one sitting” and “Reduces five to seven kilograms in month”, were not substantiated with treatment efficacy data. The claims in the advertisement imply a significant inch and weight loss which are grossly misleading.
Education:
The CCC found following claims in the advertisements by 20 different advertisers were not substantiated and, thus, violated ASCI Guidelines for Advertising of Educational Institutions. Hence complaints against these advertisements were upheld.
1. Vidyamandir Classes: The advertisement’s claim, “Cash reward worth Rs 2 crore”, was not substantiated with supporting evidence of the students who have received the cash worth Rs 2 crore. Also the claim, “Scholarship up to 100%”, was not substantiated with authentic supporting data such as evidence of 100% scholarships availed by their students. The claims are misleading by exaggeration.
2. Cadd Centre India Private Ltd. (Cadd Centre-Ce): The advertisement’s claim, “First time ever in India! 1000 jobs in 100 days for Cadd Quest participants” and “Job guarantee for 1000 students”, were not substantiated with verifiable support data such as detailed list of students who have been placed through their Institute, contact details of students for independent verification, enrolment forms and appointment letters received by the students, nor any independent audit or verification certificate. The claims are likely to mislead the students into believing that the institute is providing permanent jobs.
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’:
New Delhi Institute of Management, ODM Educational Group, Chandragupt Institute of Management Patna, Gulbarga City School Of Nursing, Kautilya Academy, Bansal Classes Pvt. Ltd. (Bansal Classes), St. Joseph's International Fire & Safety Academy, Brain Master Classes Pvt. Ltd. (Brain Master Classes), Sri Chaitanya Educational Institutions (Sri Chaitanya Techno School), Super Twenty Training Institute (S20 Training Inst-Fn), Excel Net Computer, Creative Career Academy, American Inst. Of English Language, SICE Shivaji Institute, Amphee Web Tech Pvt. Ltd. (Amphee Web Development), Indian Institute of Teachers Training, Vedang Yoga and Shodh Sansthan and All India Education Research Academy Ltd. (ERA Kids A Play School).
Personal Care:
- Nivea India P. Ltd. (Nivea Protect & Care Deodorant): The print advertisement has visual of Nivea Creme super-imposed on the deodorant can image and claims, “With the goodness of Nivea crème#", and “#” is qualified as "Refers to Nivea Creme fragrance". This communication was considered to be misleading by ambiguity and implication that several other major ingredients (and not only fragrance) of Nivea Creme are added to the deodorant product. The front of the pack claim, "with Nivea Creme ingredients" accompanied by a visual of cream, and back of pack claim of “With precious Nivea Crème ingredients” is likely to mislead the consumers that Nivea Protect & Care Deodorant has several major skincare ingredients of Nivea Creme. Whereas the predominant common element of both the products is the Nivea Fragrance. These claims are misleading by ambiguity.
- Richfeel Health & Beauty Pvt. Ltd.: The advertisement showcases pictures of the results both Pre Post Treatment. It was noted that the advertiser did not provide their response specific to the claims/visuals objected to, nor did they provide photographic evidence to prove that the pictures shown in the advertisement (pre and post treatment) are demonstrating the real benefit achieved through the treatment. It was concluded that the efficacy being depicted via images of before and after the treatment are false and misleading by gross exaggeration. Without this evidence, addition of any disclaimers was not considered acceptable.
- Hindustan Unilever Limited (Rin Antibac): The advertisement’s claim, “Presenting new Rin Antibac with Ayurvedic extracts removes germs” accompanied by visuals implying sterile clothes, was not substantiated, and is misleading by implication and exaggeration as the advertised product does not have the property to provide germ protection in wear conditions. As the clothes will be exposed to different environments, they would be contaminated and would carry germs. Both the claims i.e. germ inhibition / sterile clothing in wear conditions and provided only by the advertised product (i.e. other detergent not providing similar benefit) was thus not substantiated.
- Shrinivas (Gujarat) Laboratories Pvt. Ltd. (Shrinivas Baby Massage Oil): The advertisement’s claim, “Oil reaches the bones and muscles”, was not substantiated with evidence of product penetration into the body as claimed, and is misleading by exaggeration.
- Dalmia Continental P. Ltd. (Hudson Canola Oil): The advertisement’s claim, “World’s new heart and diabetes care oil” was not adequately substantiated and is misleading by ambiguity. The advertisement’s statement “Make your Diwali healthy with the Oil India is talking about” is misleading by implication.
- Orion Labs (Dream Hair Oil): The advertisement’s claims, “Our guarantee, your benefit”, “New hair will grow”, “Stop hair fall”, and “Makes hair black naturally”, were not substantiated with product efficacy data, and are misleading.
- 18 Herbs Organic Labs Private Limited (18 Herbs Organic Dia Health Tea): The advertisement’s claims, “Dia Health Tea -- a tea that helps you fight diabetes”-- “18 Herbs Organics DiaHealth Tea contains 100% pure-cut leaves of organically grown Gymnema herb -- a globally renowned natural treatment for diabetes. It helps decrease the absorption of sugar from the intestine and regulates blood sugar”, “It also restores pancreatic function and helps in weight loss”, “Also try our range of teas like LaxoHealth Tea which is an excellent laxative or Premium Green Tea which helps burn fat and cholesterol”, were not substantiated with clinical evidence of product efficacy. Also, the claims are misleading by exaggeration and implication.
Food & Beverages:
- S.V. Fruit (Go Green Frozen Fruits): It was concluded that while the advertised product may be carbide free, claiming it to “protect from cancer” is misleading by exaggeration.
- Gujarat Co-Operative Milk Marketing Federation Ltd. (Amul Butter): The advertisement refers to butter being a rich source of Vitamin A and further states that “Eat milk with every meal and live every day, worry-free”. It was considered the latter part of the statement to be misleading by implication and is encouraging excessive consumption of butter which may not be advisable from the health point of view.
- Coca-Cola India Pvt. Ltd. (Thums Up): The advertisement showcases a rider performing a wheelie in normal streets, traffic conditions, right among a few people. This is contradictory to the disclaimer made in the advertisement – “the actions are for representational purposes alone and must not be copied by viewers.” It was concluded that though the overall advertisement is not objectionable, regardless of the disclaimer, the specific visual showing the stunt performed by the rider (Wheelie) in normal traffic and/or in presence of bystanders and public, encourages dangerous practices, manifests a disregard for safety and encourages negligence.
- Pernod Ricard India P. Ltd. (Seagram’s Royal Stag): The advertisement showcases the Cricket Gear under the brand name “Royal Stag Mega Cricket”. The advertiser did not provide the annual market sales data of the product/service advertised. Based on the reference to Cricket Gear, it was concluded that the advertisement depicting the Royal Stag brand name is a surrogate advertisement for promotion of a liquor product – Seagram’s Royal Stag. The advertisement is misleading by implication and contraven