In the month of March, the Advertising Standards Council of India (ASCI) examined complaints against 344 advertisements and advertisers ensured prompt corrective action for 74 advertisements once they received the complaints from the council. ASCI’s Independent Consumer Complaints Council (CCC) upheld complaints against 229 advertisements out of 270 advertisements evaluated by them. Of these 229 advertisements, 123 belonged to the healthcare sector,83 to the education sector,seven to the food & beverages sector,two to personal care, and 14 were from the ‘others’ category.
The largest number of complaints were evaluated in the healthcare sector with over 100 advertisements being considered to be in potential violation of the Drugs & Magic Remedies (DMR) Regulations. Majority of these advertisements were on the advertisers’ web-sites promoting products for enhancement of male sexual desire, male sexual performance, female breast enhancement, cancer cure, cure for arthritis, infertility etc. There were several advertisements pertaining clinics and hospitals making unsubstantiated and superlative claims.
In one instance, the advertiser claimed to hold a Limca Book of record for performing the highest number of surgeries in a certain span of time. The claims were inadequately substantiated and were misleading by exaggeration. Another clinic claimed to cure piles in a single dose whereas another proclaimed itself to be the best sexologist in India.
D Shivakumar, Chairman, ASCI, said, “ASCI and Ministry of AYUSH have concluded their second year of collaboration in March 2019. Under the Memorandum of Understanding (MoU), ASCI was given a mandate for comprehensive Suo Motu surveillance of potentially misleading advertisements in the AYUSH sector and to keep a tab on print and electronic advertisements related to treatments with Ayurveda, Unani, Siddha and Homoeopathy medicines and potential violations of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954. Over the two years, under the MoU with Ministry of AYUSH, ASCI has looked into over 1200 advertisements of the AYUSH sector. It is important to take cognizance of the growing influence of Digital Media on consumers and the misleading advertisements through various web-sites exploiting consumers’ lack of knowledge. As per our data, while there has been a significant decrease in the incidence of misleading advertisements as awareness of the AYUSH-ASCI collaboration is increasing, the joint efforts need to be sustained to effectively curb objectionable advertisements. ”
Healthcare: - Total of 123 advertisements complained against
- Direct Complaints (93 advertisements)
- Suo Motu Surveillance by ASCI (30 advertisements)
Education: - Total of 83 advertisements complained against
- Direct Complaints (Four advertisements)
- Suo Motu Surveillance by ASCI (79 advertisements)
Food and Beverages: - Total of seven advertisements complained against
- Direct Complaints (Three advertisements)
- Suo Motu Surveillance by ASCI (Four advertisements)
Personal Care: - Total of two advertisement complained against
- Direct Complaints ( Two advertisement)
Others: - Total of 14 advertisements complained against
- Direct Complaints ( 10 advertisements)
- Suo Motu Surveillance by ASCI (Four advertisements)
Direct Complaints
The advertisements given below were complained against by general public or by industry members. Of the 157 advertisements, four cases were informally resolved as the advertisers’ ensured prompt corrective action immediately post receiving the complaints. Complaints against 112 advertisements were upheld by the CCC. Of these 112 advertisements, 93 belonged to Healthcare sector, four belonged to the Education sector, three belonged to the Food & Beverages sector, two to Personal Care sector and ten to the ‘Others’ category.
Healthcare
Numerous complaints in healthcare sector were found to be misleading that exploit consumers’ lack of knowledge and lead to widespread disappointment in the minds of consumers.
- Aanvii Hearing Centre (Aanvii Hearing Device): The advertisement’s claim, “Signia stiletto, world’s slimmest rechargeable hearing device” was incorrectly worded and misleading by exaggeration.
- Waves Wellness (iBrow 3D Eyebrow enhancement): The advertisement’s claim, "Get your dream eyebrows instantly with India's 1st brand of 3D eyebrow enhancement services” was misleading by exaggeration. It was observed that prior to advertiser’s brand, there were other brands / clinics in existence offering permanent eye brow shaping services.
- Swasthya (Super Speciality hospital): The advertisement’s claim, as “Charitable Trust”, was not substantiated with supporting evidence and considered a misrepresentation. The advertiser did not provide any evidence of the institution being a trust.
- AIMIL Pharmaceuticals (I) Ltd (Lukosin): The website advertisement’s claims, “A great research breakthrough from DRDO ”, “Research product of ministry of defence” , “Brings revolution in skin health care in association with AIMIL”, “Over 40,000 patients benefitted” makes references to the Defence Research and Development Organisation (DRDO) of India, a Government Institution. The reference to DRDO violates AYUSH’ advisory of September 2018 that refrains advertisers / advertising agencies from using the name of Government department and institutions in advertisements of Ayurveda, Siddha, Unani and Homeopathy Drugs. The advertiser did not provide any evidence of DRDO having approved the specific product artwork or web-site claims appearing in conjunction with reference to DRDO. The text used in the advertisement in reference to DRDO in the advertisement is misleading by ambiguity, implication, and exploits consumers’ lack of knowledge.
- Charak Pharma Pvt. Ltd (Kofol Chewable Tablets) - The advertisement’s claim, “Trusted by Doctors”, was inadequately substantiated as the data provided was not adequate on a statistically significant representative sample size to conclusively prove the claim. The claim is misleading by ambiguity.
The following advertisements were considered to be, prima facie, in violation of The Drugs & Magic Remedies (DMR) Act when the advertisements were viewed in totality with the texts and visuals: The majority of these were advertiser web-sites carrying the objectionable claims.
Sr No |
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Hashmi Dawakhana/X-Fire Capsule |
capsules
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Hashmi Dawakhana/Big BXL Capsule |
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Hashmi Dawakhana-Cute-B Capsule |
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Hashmi Dawakhana-Cute-B Capsule |
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REPL Pharma - Premium Saandhha Oil - Special Packing for UK |
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REPL Pharma - kamasutram Oil |
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REPL Pharma - Vigoura 5X |
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REPLPharma - breastriim Oil https://www.repldradvice.com/homoeopathic/130-breastriimoil.html |
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Charak pharma pvt. ltd. - Addyzoa capsule https://shop.charak.com/products/healthcare/men/addyzoa-capsule/ |
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Prince pharma- Madrasi gel |
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XL gain- Xtrapower |
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Sanjeevani booti- Sanjeevni booti for cancer |
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Sanjeevi booti - Sanjeevni booti for |
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Sanjeevani booti - Sanjeevni booti for |
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Sanjeevani booti - Sanjeevani booti for Arthritis |
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GM Pharmacy - Jeevan Kaya Kalp |
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GM Pharmacy - Kaam Phaba medicines |
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Gm Pharmacy - Shakti Vati Male |
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Gm Pharmacy - Shakti Vati Female |
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Gm Pharmacy - Sexual desires capsules |
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Gm Pharmacy - Balam Kheera churn |
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REPL- Emperor Oil https://www.repldradvice.com/ayurvedic/145-repl-emperoroil.html |
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S. G. Photo Pharma Pvt. Ltd - Boostex forte capsules |
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Baidyanath-kaminividra wan ras |
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Baidyanath - Jati Phaladi Bati (Stambhak) https://www.baidyanath.com/product/jati-phaladi-bati-stambhak/ |
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Sardar Dawakhana research labs - Nights on Gold |
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Deep Ayurveda - Maharanadi Kwath |
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Deep Ayurveda - Vigora-M Herbal |
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Deep Ayurveda- Vajayu herbal capsule |
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Ayuysha Naturals - Zing – For Fertility and Energy |
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Ambic ayurved pvt. ltd- navroop breast capsule |
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Ambic ayurved pvt. ltd.- navroop breast cream |
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Ambic Ayurved Pvt Ltd - Cancer Relief Kit |
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Vyas Pharmaceuticals - Mayojem Syrup |
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Vyas Pharmaceuticals - Medonil Tablet |
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S. D. I Herbochem Pvt Ltd. - Xtra Zosh Capsule |
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Vimax Personal Health Solution Private Limited - Vimax Pills |
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Laborate Pharma India Ltd - Labolia Big Beauty http://www.laboliacosmetics.com |
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Shahi Laboratories Private Limited - Breast Fit Capsules |
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Shahi Laboratorie s Private Limited - Breast Fit Cream |
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Shahi Laboratories Private Limited - Herbal Diabetic Cure Ras |
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Shahi Laboratories Private Limited- Nawabe Shahi Goli |
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Shahi Laboratorie s Private Limited - Asawa Power Capsule |
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AdilaBiotec h - Adinorm Tablets |
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Dr Asma Herbals - C. B. T Body Toner Capsule http://www.asmaherbals.co.in/breast-enlargement-medicines.html |
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Dr Asma Herbals - Commando Oil |
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Dr Asma Herbals - Commando Breast Cream http://www.asmaherbals.co.in/breast-enlargement-medicines.html |
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Orison Pharma International - Kamini Josh Capsules |
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Medikom Healthcare - 18 + Power Course |
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Medikom Healthcare - Breast 36 course |
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Medikom Healthcare - Height-X |
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Medikom Healthcare - Super Power Course |
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Adi Herbal - ICL Dibatags X Gold Capsules https://www.adiherbal.com/fordiabetes/dibatags_x_gold_capsules_and_energises%20_high_power _Oil |
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Adi Herbal - Energises High Power Oil https://www.adiherbal.com/forsexual-wellness/energises-highpower-oil |
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Dr Taj - XXL Cream |
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Dr Taj - Honeymoon Chatni |
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Dr Taj - S.S. Oil |
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Rex Remedies Ltd. - Jauhar Khusia |
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Rex Remedies Ltd. - Majoon Salab |
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Rex Remedies Ltd. - Goli Nawab Ali Shah |
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Rex Remedies Ltd. - Habbe Mumsik |
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Rex Remedies Ltd. - Majoon Arad Khurma |
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Rex Remedies Ltd. - Majoon Mumsik Muqavvi |
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Rex Remedies Ltd. – Farbah |
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REPL Pharma - Cobra Oil |
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Ayurvedic Expert – (XTL Plus Penis Enlargement Capsules) https://ayurvedicexpert.com/product/xtra-large-penis-enlargementcapsules/ |
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REPL - Tatkal Capsule https://www.repldradvice.com/ayurvedic/177-tatkal-capsule.html |
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Sardar Dawakhana Research Labs - Habb-e-Qavi |
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Kunnath Pharmaceuti cals - Musli Power XTra http://www.muslipowerxtra.com/ shop/new/musli-power-x-tra-60capsule-pack |
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Dr Asma Herbals - Commando capsule |
The visual on the product pack read in conjunction with the claim imply that the product is meant for the enhancement of sexual pleasure. |
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Ayurvedic Expert (Rajshahi healthcare pvt. Ltd) - Premature Ejaculation Treatment Package https://ayurvedicexp ert.com/product/ayu rvedic-prematureejaculation-package / |
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