ASCI upholds complaints against 191 advertisements in March 2018

In March 2018, ASCI’s Consumer Complaints Council (CCC) upheld complaints against 191 advertisements out of the total of 269 advertisements that were evaluated by the CCC.

Out of the total 191 advertisements against which complaints were upheld, 114belonged to the healthcare sector, 24 to the education sector, 35 to the food & beverages category,seven to the personal care and 11 were from the ‘others’ category. A total of 183 advertisements were picked up by ASCI’s Suo Moto surveillance and objections against 165 advertisements were upheld. Of the 86 advertisements complained against by the general public or by industry members, complaints against 26 advertisements were upheld by the CCC.

Exaggeration of product efficacy was the number one reason for upholding complaints. The other reasons included exploiting consumers’ lack of knowledge, providing facts and figures which were inadequately substantiated to support claims and delivering advertisements which were misleading by ambiguity or by implication. This was followed by violations of the Drugs and Magic Remedies Act (DMR Act) and the Drugs and Cosmetics (D&C) Rules and advertisements which contravened various ASCI guidelines.

Among the various complaints against advertisements featuring celebrities, the CCC observed that an advertisement for an innerwear brand featuring a popular superstar was found to misguide the consumers, by trying to get them to think that superstars in the film industry wear this brand. A celebrity was seen endorsing a cream to clear dark spots, whose efficacy was not substantiated and was misleading. Likewise, an advertisement featuring a celebrity promoting excessive consumption of a snacking product was considered to be in contravention of the ASCI Guidelines for celebrities in Advertising.

Abanti Sankaranarayanan

“Grievances against brands from various segments have been upheld for not abiding by the Self-Regulation code and guidelines put forth by ASCI. It is ASCI’s ongoing mission to maintain and enhance the public’s confidence in advertising and ensure that consumers stay protected from misleading information in the advertisements,” said Abanti Sankaranarayanan, Chairman, ASCI.

Healthcare: - Total of 114 ads complained against

• Direct Complaints (seven ads complained against)
• Suo Moto Surveillance by ASCI (  107 ads complained against)

Personal Care: - Total of seven ads complained against

• Direct Complaints (Five  ads complained against)
• Suo Moto Surveillance by ASCI (Two ads complained against)

Food and Beverages: - Total of 35 ads complained against

• Direct Complaints (Four ads complained against)
• Suo Moto Surveillance by ASCI (31 ads complained against)

Education:- Total of  24 ads complained against

• Direct Complaints (Three ads complained against)
• Suo Moto Surveillance by ASCI (21 ads complained against)

Others:-  Total of  11 ads complained against

• Direct Complaints (Seven ads complained against)
• Suo Moto Surveillance by ASCI (Four ads complained against)

Direct Complaints

Healthcare:

The CCC found claims of seven advertisements in healthcare products or services to be either misleading or false or not adequately / scientifically substantiated; hence in violation of the ASCI Code. Several healthcare products or clinic advertisements also contravened provisions of the Drug & Magic Remedies Regulations and Chapter III.4 of the ASCI Code. Complaints against the following advertisements were upheld.

1. Lifespan Wellness Pvt Ltd. (Lifespan Diabetes Clinic): The advertisement’s claim, “Can’t get Diabetes under control? Get comprehensive solutions and treatments ……” implying cure for Diabetes, was not substantiated with supporting clinical evidence and is misleading by exaggeration and implication. The claims, “Most diabetics get only half the care they need, get the full care with expert dialectologist and comprehensive treatment at life span”, and “70% of Lifespan patients successfully managed their  high blood sugar by actively adhering to the full care R.I.S.C. based treatment”, were not substantiated with supporting data and are misleading by exaggeration.  
2. Dr. Dassan’s Life Care Ayurvedic Herbal Treatment and Research Centre (Kidney): The advertisement’s claim (in Gujarati) as translated in English, “… treatment can prevent dialysis in kidney diseases”, was not substantiated with authentic, credible scientific / clinical evidence. The claim, implying cure for kidney diseases, is misleading by gross exaggeration and exploits consumers’ lack of knowledge and is likely to lead to grave or widespread disappointment in the minds of consumers.
3. Allen Healthcare Co. Ltd (Livosin Ayurvedic liver and skin health capsule): The advertisement’s claim, “100% Herbal”, was not substantiated with any evidence of the ingredients present in the product, and was misleading by exaggeration.
4. Allen Healthcare Co. Ltd (Livosin DS herbal Liver Tonic): The advertisement’s claim, “Prevents alcohol induced liver disease”, was not substantiated with clinical evidence of product efficacy, and is grossly misleading by implication that the product is good for alcoholics, thus misleading them to consume more alcohol.  The advertisement also exploits consumers’ lack of knowledge and is likely to lead to grave or widespread disappointment in the minds of consumers.  The claim, “Sugar Free” was not substantiated with any evidence of the ingredients present in the product, and is misleading.
5. Super Science of Healing Methods (Dr. R.K Aggarwal): The advertisement’s claim, “Have you got Stones? Remove in 35 days without operation”, was not substantiated with supporting clinical evidence, and is misleading by exaggeration and exploits consumers’ lack of knowledge and is likely to lead to grave or widespread disappointment in the minds of consumers.
6. Detoxicate herbal powder:  The advertisement’s claim, “Cure Deafness” was considered to be, prima facie, in violation of The Drugs & Magic Remedies Act.
7. RajVaidya Shital Prasad & Sons (Rasayan Vati): The advertisement’s claim, “100% natural” was not substantiated.  

Personal Care:-

1. L’Oreal India Private Ltd: In this advertisement, celebrity Alia Bhatt is seen endorsing 'New Garnier Light Serum Complete Cream’ wherein two of her friends in this advertisement have dark spots and dark skin and Alia Bhatt promises them that if they will use this Garnier serum cream, it will vanish in one week’s time. Next in the advertisement we see Alia and her friends in all glamour and fair skin at a premiere. The advertisement’s claim, “With new Garnier Light Complete …. de three tones lighter skin sirf ek week mein”, was not substantiated, and is misleading by exaggeration.
2. Hindustan Unilever Limited - Pure Derm Anti Dandruff Shampoo: The advertisement’s claim, "Dandruff Jayega Aur Waapas Nahin Aayega” is an absolute claim and was not adequately substantiated. Regardless of the statement “Purify your scalp everyday” the claim was misleading by exaggeration. Furthermore, the claim, “"10/10 derms recommend Pure Derm”, was not substantiated and was misleading by ambiguity and implication that all dermatologists recommend the advertised product over other anti-dandruff products in the market. 
3. Procter & Gamble Home Products Private Limited - Pampers: The advertisement’s claim “Pampers No. 1 Choice of Doctors”, in absence of a qualifier to mention the source and conditions of the survey, is misleading by ambiguity and omission.
4. Wipro Enterprises Pvt Ltd (Santoor Handwash): The advertisement’s claims, (in Gujarati) as translated in English, “Santoor Handwash is made from Tulsi and Sandalwood”, and “Tulsi keeps your hands germ-free, while Sandalwood keeps them smooth”, were not substantiated and are misleading by ambiguity and implication. 
5. R & R Salons Private Ltd (YLG Institute Salon Pro Slogro): The advertisement’s claims, “World's first skin care solution that slows regrowth of body hair to keep that just-waxed look for longer” and “World's first range of products with Deplif active system that retards hair regrowth and gives freedom from body hair for longer”, were neither adequately substantiated with any verifiable comparative data nor the advertiser’s products were established to be the “World’s first” range of products for hair growth retardation. The claims are misleading by gross exaggeration. The claim  “With the use of Slogro products, body hair is reduced, weakened and delayed in growth, making it easy and painless to remove during the next waxing session now enjoy more hair-free days” was inadequately substantiated. For the claim “The fast absorbing formulation moisturizes, nourishes and lightens your skin, leaving it softer and smoother”, while the claim related to fast absorbing formula, moisturisation and softness or smoothness of skin were not considered to be objectionable, the claim of “lightens your skin” was inadequately substantiated and is misleading.

Food and Beverages:-

1. Guiltfree Industries Limited (Too Yumm): In the advertisement, cricketer Virat Kohli is seen munching on Too Yumm all through the commercial. Two men are shown eating vegetables whereas the cricketer is munching on the product. In the end he says, “Kyunki TOO YUMM sirf tasty nahi, it is filled with goodness. It’s not fried, it’s baked”. The claim “It is baked, it is not fried” holds for only three variants; However, the TVC showed nine product variants.  The claim was therefore considered inadequately substantiated and misleading by ambiguity, implication and exaggeration. The advertisement’s claim, “Eat Lot and Fikar Not” and “Eat anytime anywhere, as much”, showing overindulgence of the product in the TVC and with other cues such as “binging”/“khaaye thoos thoos”, was misleading by implication and exaggeration that the advertised product would not have any negative effect despite excessive consumption. There was also a stark contradiction between the Claim, “Eat Lot and Fikar Not” and the disclaimer quoting “We promote responsible indulgence as a part of dietary requirement”. The visual of the celebrity when seen in conjunction with the claims are likely to mislead consumers regarding the product characteristics.
2. Tata Chemical Ltd (Tata Salt): The advertisement’s claim, “No Added Chemicals”, was misleading and contradictory to the disclaimer mentioned in the advertisement.
3. GlaxoSmithKline Consumer Healthcare Limited - Horlicks Protein Plus: The advertisement’s claim, “3X more protein” is misleading by ambiguity and implication that the protein content is higher than that of Protinex – a leading product drink currently present in a tin format. 
4. Chemical Resources (Fenfuro): The advertisement’s claims, “Recently married and planning to have a baby! Check your blood glucose levels as high glucose levels travel to next generation”, Safe and Effective as per clinical data available on 254 subjects”, and “Further Study on 200 subjects at AIIMS is under evaluation”, were not substantiated with clinical evidence for product efficacy and are misleading by gross exaggeration and implication. The advertisement also creates a fear in the consumer’s mind and exploits consumers lack of knowledge and is likely to lead to grave or widespread disappointment in the minds of consumers.

Education:-

The CCC found following claims in the advertisements by three advertisers not substantiated and thus, violating ASCI Guidelines for Advertising for Educational Institutions.

1. IMS Learning Resources P. Ltd: The advertisement’s claim, “Rutuja Mahohar GMAT 730”, was grossly misleading by implicating that the student had taken GMAT classes and by misusing the complainant’s name. The  advertisement in the promotional material and the advertisement in the brochure, both contravened Guidelines for Advertising of Educational Institutions and Programmes
2. Allnine Overseas Education: The advertisement’s claim, “Seven Band guaranteed achieving”, was not substantiated.  The claim, “Highest Visa Success Ratio”, was not substantiated with verifiable supporting data of the advertiser’s institute versus other similar institutes offering visa assistance, and is misleading by exaggeration and implication.
3. Great Lakes Institute of Management (Great learning): The advertisement’s claims, “Get certified in business analytics with personalized mentorship” and “Learn from World class faculty”, were inadequately substantiated. The claims are misleading by ambiguity, exaggeration and exploit  consumers’ lack of knowledge and are likely to lead to grave or widespread disappointment in the minds of consumers.
4. Polycab Wires Pvt Ltd (Polycab Cables & Wires): The advertisement’s claim of power saving (“Polycab Wires lagao aur bijli bachao”,) was not substantiated and is misleading by implication. In the advertisement, celebrity Paresh Raval is seen convincing his neighbour to use Polycab wires to save electricity which was misleading and not justified. Moreover, in view of the CCC, a small saving, if any, is being projected as a significant saving.
2. HDFC Standard Life Insurance Company Ltd (HDFC life): The advertisement’s claim, “Poor Air Quality can lead to Cancer”, is misleading by exaggeration. The advertisement uses the word “can” which is a more definitive term than the word “may”, thereby creating a fear in the consumer’s mind. The advertisement exploits consumers’ lack of knowledge and is likely to lead to grave or widespread disappointment in the minds of consumers. 
3. Lux Industries Limited (Lux Venus): In the advertisement, Amitabh Bachchan (celebrity) portrays  the character of a barber saying that all superstars are wearing Lux Venus vest (“Yeh jitne superstar log hain na yeh sab yahi no pahan lete hain....hum hoon pehnat hai yeh dekho…”).
4. Oppo Mobile (Oppo F5):  Oppo advertisement shown as an article in Times of India app was misleading by omission to mention that it is an advertisement.
5. MRF Ltd (MRF Nylogrip Plus): The advertisement’s claims,(in Hindi) "Pura India yeh manta hai, sabse zyada yehi chalta hai", (in Marathi) “Sampoorn India hey manto, sarvath jaasth haach chalto”, implying that MRF Nylogrip tyres are long lasting and the largest selling tyres in the country, which was not substantiated with verifiable comparative data or with market survey data.  The claim is misleading by implication and gross exaggeration
6. Eastern Media Limited (Kanak News): The advertiser claiming their channel – Kanak News to be “No. 1 Odia News Digital Platform”, was inadequately substantiated and is misleading by exaggeration. 
7. Nagpur Metro Rail Corporation Limited: The advertisement’s claim, Nagpur metro – “The Greenest Metro in the world”, was not substantiated and is misleading by gross exaggeration.

Suo Moto Surveillance by ASCI

The advertisements given below were picked up through ASCI’s Suo Moto surveillance of Print and TV media via the National Advertisement Monitoring Services (NAMS) project. Out of 183 advertisements that were picked up, 165 advertisements were considered to be misleading. Of the total 165 advertisements, 107 advertisements belonged to Healthcare, 21 belonged to the Education category, 31 belonged to Food & Beverage category, two belonged to Personal Care category and four belonged to ‘Others’ category.

Healthcare: 

1. GlaxoSmithKline Consumer Healthcare Ltd (Crocin 650): The advertisement’s claim, “Its fast release formula starts working in just five minutes”, was not substantiated with evidence of product efficacy within five minutes. The claim exploits consumers’ lack of knowledge.

2. Kolors Health Care India Pvt Ltd (Kolors Slimming & Beauty): The advertisement’s claims, “Reduce up to six inches within short period (stomach, sides, thighs, hips) without exercise, pills, side effects and without surgery”, “Removes stretch marks”, were not substantiated. The claims and efficacy being depicted via visuals of before and after the treatment are misleading by gross exaggeration and exploit consumers’ lack of knowledge and are likely to lead to grave or widespread disappointment in the minds of consumers. 

3. Nova IVI Fertility: The advertisement claiming to be India's No.1 Fertility Chain via disclaimer that it was “based on an award received”, was misleading by ambiguity and omission to mention the source and date of the award. 

4. Karan Hospital: The advertisement’s claim, ‘’First in north India to have successfully cured piles, fistula, varicose veins by laser and durbin”, was not substantiated with any verifiable comparative data of the advertiser’s hospital being the first in north India to have successfully cured piles, fistula, varicose veins by laser and durbin, or through a third party validation.  The claim is misleading by exaggeration.

5. Pravek Kalp Pvt Ltd (Pravek-T): The advertisement’s claim, “Sharir ko rog mukt rakhne ki shamtha dete hain” (“Has the ability to keep the body disease free”), was inadequately substantiated and is misleading by gross exaggeration and exploits consumers’ lack of knowledge.

6. Chahal Clinic: The advertisement’s claims, “Grow new natural hair from the roots through treatment without surgery”, and “Makes hair black”, were not substantiated with supporting clinical evidence and with treatment efficacy data, and are misleading by exaggeration. 

7. Lumen Clinic: The advertisement’s claims, “Get Permanent Fairness” and “Fat Loss Treatment”, were not substantiated with supporting clinical evidence, and with treatment efficacy data, and are misleading by exaggeration.  The efficacy being depicted via images of before and after the treatment is misleading.  The “before” image of the model’s face shown in the advertisement (indicating the expressions before product use) was portrayed as unhappy and is misleading.

8. Mohak Bariatrics & Robotics: The advertisement’s claims, “Get freedom from obesity”, and “Patient will never regain lost weight again”, were not substantiated with supporting clinical evidence, and with treatment efficacy data, and are misleading by exaggeration.

9. Abhay Ayurvedic Pharmacy – Medari Range of Products: The advertisement’s claim, “To manage/control extra fat and to reduce stomach / weight – use Abhay Medari”, was not substantiated with evidence of product efficacy, and is misleading by exaggeration. The claim, “Government of India, Ministry of Ayush under leading Ayurvedic research institute – CCRAS developed by Ayush 82”, was not substantiated with supporting data, and is misleading by implication that Ministry of AYUSH has approved the product efficacy / claims made in the advertisement. 

10. Herbal Ayurveda (Herbal Gain Tablet): The advertisement’s claims, “Ayurvedic product- increases weight in just 45 days”, “For all Age groups”, and “See the difference in just 10 days”, were not substantiated with product efficacy data, and are misleading by exaggeration.

11. Naturoveda India Pvt.  Ltd. (Naturoveda Health World): The advertisement’s claims - Certain complications such as sexual inadequacies, general weakness, etc. can be addressed through Naturoveda's treatment,  diseases arising from both types of Diabetes can be rectified/cured, were misleading.

The following advertisements were considered to be, prima facie, in violation of The Drugs & Magic Remedies Act and are being referred to the Ministry of AYUSH:-

Food & Beverage:-

1. GrassRoot Nutrition Pvt Ltd (NutriValue Aloera): The advertisement’s claim, “I started taking Nutrivalue’s aloe vera juice called as Aloera and within a month my energy was back.  I have been taking this regularly since then and have had no health issues”, were not substantiated with evidence of product efficacy and are misleading by gross exaggeration and implication that heart conditions requiring angiography can be cured with this product. The claim exploits consumers’ lack of knowledge and is likely to lead to grave or widespread disappointment in the minds of consumers.
2. Surya Poultry Farms Pvt Ltd. (Surya Organic Chicken): The advertisement’s claim, “Organic Chicken”, was not substantiated and is misleading by exaggeration. 
3. Uniwaves (Uniwaves Vitamin Water): The advertisement’s claims, “Vitamin B12 water with Alkaline nutrient water”, “Has more than 72 types of health benefits”, “Immune health, beneficial to heart, anti-ageing potential, strengthens bones, boosts energy, stimulates memory, blood formation, controls stress, nourishes DNA, enhances reproductive health”, were inadequately substantiated with any clinical evidence of product efficacy and are misleading by exaggeration, and exploit  consumers’ lack of knowledge.
4. Flipbald Health and Wellness – Flipbald Natural Booster and Natural Protein Capsules: The advertisement’s claim (in Hindi) as translated into English, “Increases weight with Guarantee”, accompanied by the FSSAI logo was not substantiated with evidence of product efficacy, and is misleading by exaggeration and implication that FSSAI has approved the product efficacy / claims made in the advertisement.  The efficacy being depicted via visual of before and after the treatment is misleading by gross exaggeration. 
5. Flipbald Health and Wellness (Flipbald De-addiction Powder): The advertisement’s claim, “Say goodbye to addiction permanently,” along with misuse of the FSSAI logo is misleading by exaggeration and implication that the FSSAI has approved the product efficacy / claims made in the advertisement, and exploits the consumers’ lack of knowledge.  
6. Flipbald Health And Wellness  (Flipbald Green Coffee Beans and Forume Oil): The advertisement’s claims, “Most powerful fat burner”, “Increases the basal metabolic rate BMR of our body which minimizes excessive release of glucose from the liver into blood” and “Helps to reduce cellulites or stable fat smoothly and increases progressive weight loss”, accompanied by the FSSAI logo were not substantiated with evidence of product efficacy, and are misleading by exaggeration and implication that the FSSAI has approved the product efficacy / claims made in the advertisement, and exploits consumers’ lack of knowledge.  The efficacies being depicted via visuals of before and after the treatment are misleading by gross exaggeration.  
7. Flipbald Health and Wellness (Flipbald Green Coffee Beans and Forume Oil): The advertisement’s claims (in Hindi) as translated into English, “……… tried everything including medicines, home remedies, Diet and Exercise but nothing worked. Only taking Flipbald Green Coffee bean the weight was reduced …..”, “loss of 23 kilograms in a month easily”, and “Effective, natural and safe method to reduce weight, reduces cellulitis, reduces stubborn fat”, accompanied by the FSSAI logo were not substantiated with evidence of product efficacy, and are misleading by exaggeration and implication that the FSSAI has approved the product efficacy / claims made in the advertisement.   The testimonial of the person, with efficacy being depicted via visuals of before and after the treatment are misleading by gross exaggeration, and exploit consumers’ lack of knowledge.
8. Flipbald Health & Wellness (Flipbald Sexual Problems): The advertisement’s claim (in Hindi) as translated into English, “Treatment of sex problems is possible through Flipbald's Modern and Vedic method”, accompanied by the FSSAI logo was not substantiated with clinical evidence of treatment/product efficacy, and is misleading by exaggeration and implication that the FSSAI has approved the treatment/product efficacy / claims made in the advertisement.  The advertisement exploits consumers’ lack of knowledge. The claim, “Gives 100% treatment or get money back”, was not substantiated with supporting evidence of the customers who were refunded the money, if they were not given 100% treatment.                                                                                                                                    
9. Flipbald Health and Wellness Product (Flipbald De-addiction Powder): The advertisement’s claims (in Hindi) as translated into English, “quit intoxication”, and “It balances the Dopamine level and gives riddance from every type of addiction”, accompanied by the FSSAI logo were not substantiated with evidence of product efficacy, and are misleading by exaggeration and implication that the FSSAI has approved the product efficacy / claims made in the advertisement. The advertisement exploits consumers’ lack of knowledge.    
10. Flipbald Health and Wellness Product (Flipbald De-addiction Powder): The advertisement’s claims that the “Patient got riddance from 15 years of addiction”, and “Completely natural and safe method”, which are grossly misleading and exploit consumers’ lack of knowledge.  These claims were not substantiated with evidence of product efficacy, and are misleading by exaggeration and implication that the FSSAI has approved the product efficacy / claims made in the advertisement.
11. Flipbald Health and Wellness Product (Flipbald De-addiction Powder):  The advertisement’s claims that the “Patients got riddance from chronic intoxication”, “No side effects such as dizziness or vomiting”, and “This Ayurvedic formula is made by thousand year old method which gives freedom in short time from alcohol, drug, tobacco”, which are grossly misleading. The claims were not substantiated with evidence of product efficacy, and are misleading by exaggeration and implication that the FSSAI has approved the product efficacy / claims made in the advertisement. 
12. UNSP-Packaged Rice (Doctor Rice): The advertisement’s claim, as translated into English, “This rice does not increase diabetes”, was not substantiated with evidence of product efficacy. The claim, “Sugar Free Rice”, was not substantiated with any evidence of the ingredients present in the product.  The claims are misleading by exaggeration.  
13. Kwality Limited (Kwality Milk): The advertisement’s claim, “Milk with protein ki Shakti” creates an impression that Kwality milk has some fortification or added protein than milk from other sources which lack power of protein.  The claim is misleading by ambiguity and implication and exploits the consumers’ lack of knowledge. 
14. Simbhaoli Sugars Ltd - Trust Range of Products (G – Low Sugar): The advertisement’s claims, “Low GI sugar with 100% natural sugarcane extracts” and “it helps keep blood sugar stable”, were inadequately substantiated. The claims are misleading by ambiguity, implication and exaggeration and exploit consumers’ lack of knowledge.
15. Cargill India Pvt Ltd (Leonardo Olive Oil): The advertisement’s claim, “Makes you feel light”, was inadequately substantiated.  The claim is misleading by ambiguity and implication and exploits consumers’ lack of knowledge. 
16. Cargill India Pvt Ltd (Leonardo Olive Oil): The advertisement’s claim, “Leonardo Cook Oil makes deep fried food healthier”, is misleading by ambiguity and implication. The subject matter of comparison was chosen in such a way as to confer an artificial advantage upon the advertiser.  There is likelihood of the consumer being misled as a result of the comparison. 
17. Vimal Oil Food Ltd (Vimal Edible Oil): The advertisement’s claims, “The highest nutrient value” and “Only Vimal cooking oil is made of nutrition retention technology”, were not substantiated with comparative technical data or third party test reports, and are misleading by gross exaggeration. 
18. Shradha Ashram – (Shradha Ashram Herbal Tea):<