In February 2019, Advertising Standards Council of India (ASCI) investigated complaints against 243 advertisements, of which the advertisers ensured corrective action for 63 once they received the complaints. The Consumer Complaints Council (CCC) of ASCI upheld complaints against 145 advertisements out of 180 advertisements evaluated by them. Of these, 83 belonged to the Healthcare sector, 33 to the Education sector, 10 to the Food and Beverages sector, one to Personal Care, and 18 were from the ‘Others’ category.
Among various advertisements that were examined, a significant number of complaints were upheld for exaggeration of product efficacy and exploiting consumers’ lack of knowledge. This was followed by violations of the Drugs and Magic Remedies Act (DMR Act). A large number of these advertisements were digital, i.e. advertisers’ own web-sites carrying the objectionable claims and visuals.
For the Food and Beverages sector, the CCC found a couple of well-known brands referring to Ayurvedic or herbal ingredients known for their memory enhancing properties; but, the associated claims were not substantiated. A popular cooking oil was making claims regarding the oil being “Lite” and “Less absorbent” without any robust technical support data. An A-2 cow milk brand was projecting its products to have some unique immunity benefits or miraculous effects that were not substantiated by any scientific rationale or clinical evidence. Additionally, a couple of brands were making improper use of the FSSAI logo implying that the product has been tested/approved/endorsed by FSSAI. This was also in violation of the FSSAI advisory against such use which is not in the prescribed format.
Shweta Purandare, Secretary General, ASCI said, “Over the last one year, in the Food and Beverage sector alone, ASCI’s Consumer Complaints Council examined over 300 advertisements for misleading claims. This was a result of the co-regulation model under which FSSAI had given ASCI a mandate for comprehensive Suo Motu surveillance of potentially misleading advertisements in print media and television. Such arrangement provides a win-win for stakeholders wherein self-regulatory organisations ensure a better advertising ecosystem and the regulators can intervene only when necessary, thus bringing synergies in efficiency.”
Healthcare: - Total of 83 advertisements complained against
Education: - Total of 33 advertisements complained against
Food and beverages: - Total of 10 advertisements complained against
Personal care: - Total of one advertisement complained against
Others: - Total of 18 advertisements complained against
Direct complaints
The advertisements given below were complained against by general public or by industry members. Of the 140 advertisements, 34 cases were informally resolved as the advertisers’ ensured prompt corrective action immediately post receiving the complaints. Complaints against 72 advertisements were upheld by the CCC. Of these 72 advertisements, 58 belonged to Healthcare sector, four belonged to the Food and Beverages sector, one belonged to the Education sector and Personal Care sector each, and eight to the ‘Others’ category.
Healthcare
The following 56 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.
SRNo |
Brand/Product |
Claim(s) |
1 |
Janki Herbal / Janki Herbal Range of Products
|
|
2 |
Sex Samasya
|
|
3 |
Yaun Samasya
|
|
4 |
S.G.Phyto Pharma Pvt.Ltd./ Boostex Forte Capsules |
|
5 |
Shaafi Herbal Care/Shaafi Power Plus http://www.shaafiherbalcare.com/products/23-shaafi-power-plus.html |
|
6 |
Hashmi Dawakhana/ Hard Rock http://www.hashmidawakhana.org/hard-rock-best-erection-capsules.html |
|
7 |
Hashmi Dawakhana/ PXXL Capsules |
|
8 |
Hashmi Dawakhana/ Mughal-e-Azam Cream http://www.hashmidawakhana.org/penis-enlargement-and-enhancement-cream.html |
|
9 |
Hashmi Dawakhana/ Sikander-e-Azam Plus http://www.hashmidawakhana.org/penis-enlargement-capsule.html |
|
10 |
Hashmi Dawakhana/ Mughal-e- Azam Plus |
|
11 |
Hashmi Dawakhana/ Extreme-X Plus Capsule http://www.hashmidawakhana.org/male-sex-stamina-booster.html |
|
12 |
Kalan Drugs & Remedies/ Prameha Samhari http://kalandrugsandremedies.com/product_detail/prameha-samhari/ |
|
13 |
Khodiyar Ayurvedic/ Zoom Eye Drops |
|
14 |
Prince Pharma/ 2 Much Gold http://princepharmaonline.com/princepharma/index.php?page=2-much-gold |
|
15 |
Prince Pharma/ Kamraz Course (Only For Men) http://princepharmaonline.com/princepharma/index.php?page=kamraz-course |
|
16 |
Prince Pharma/ Kasak Capsules http://princepharmaonline.com/princepharma/index.php?page=kasak-capsule |
|
17 |
Prince Pharma/ Prince Tilla http://princepharmaonline.com/princepharma/index.php?page=prince-tilla |
|
18 |
Prince Pharma/ 2 Much Breast Cream http://princepharmaonline.com/princepharma/index.php?page=2much-breast-cream |
|
19 |
Prince Pharma/ 2 Much Herbal Capsule http://princepharmaonline.com/princepharma/index.php?page=2-much-herbal-capsule |
|
20 |
Mohanji Pansari Herbal Products/ Mahakamdev Force |
|
21 |
Vijay Ayurvedic Pharmaceutical/Breasto capsules |
|
22 |
Vijay Ayurvedic Pharmaceutical / Breasto Oil |
|
23 |
Vijay Ayurvedic Pharmaceutical / Diacure capsules |
|
24 |
Vijay Ayurvedic Pharmaceuticals/Musli Capsule |
|
25 |
Vijay Ayurvedic Pharmaceuticals/Shilajit Capsules |
|
26 |
Vijay Ayurvedic Pharmaceuticals/Kaunch Capsules |
|
27 |
Vijay Ayurvedic Pharmaceuticals/Viagra M Capsules |
|
28 |
Vijay Ayurvedic Pharmaceuticals/Viagra F Capsules |
|
29 |
Arogya Divya Sansthan / DME-9 |
|
30 |
Abhinav Healthcare Products Private Limited/Manzil Capsules |
|
31
|
Abhinav Healthcare Products/wel-end tablets |
|
32
|
Herbal Ayurveda / Herbal Stamina Gain http://herbalayurvedashop.com/product-details.php?name=Sexual%20Problem |
|
33 |
Hashmi Dawakhana / Leucol Plus Capsule http://www.hashmidawakhana.org/vitiligo-leucoderma-treatment.html |
|
34 |
Hashmi Dawakhana / Leucol Plus Cream http://www.hashmidawakhana.org/leucoderma-vitiligo-cream.html |
|
35 |
Hashmi Dawakhana/ Seks Max Power Capsule http://www.hashmidawakhana.org/male-sex-enhancement.html |
|
36 |
Rajasthan Aushdhalaya Pvt Ltd./ Breast Torrer Combo Pack http://www.raplgroup.in/shop/beauty-hair-care/breast-torrer-combo-pack/ |
|
37 |
Rajasthan Aushdhalaya Pvt Ltd./ Mood On Forever Avaleh http://www.raplgroup.in/shop/men-health-care/mood-on-forever-avaleh/ |
|
38 |
Rajasthan Aushdhalaya Pvt Ltd/ Mood On Forever Capsule http://www.raplgroup.in/shop/men-health-care/mood-on-forever-capsule/ |
|
39 |
Rajasthan Aushdhalaya Pvt Ltd/ Mood On Forever Oil http://www.raplgroup.in/shop/men-health-care/mood-on-forever-oil/
|
|
40 |
Rajasthan Aushdhalaya Pvt Ltd/ Nirdosh Churna http://www.raplgroup.in/shop/men-health-care/nirdosha-churna/ |
|
41 |
Shubham Homeopathic/Thunder M TM http://www.shubhamhomeopathy.com/sizeprod.php?nm=VGh1bmRlci1N&cat=MTE= |
|
42 |
Shubham Homeopathic/ Vigoral-la http://www.shubhamhomeopathy.com/sizeprod.php?nm=Vmlnb3JhbCAtTEE=&cat=MTQ= |
|
43 |
Shubham Homeopathic/B Shape 36 http://www.shubhamhomeopathy.com/sizeprod.php?nm=QiBTaGFwZSAzNg==&cat=MTk |
|
44 |
Shree Baidyanath Ayurved Bhavan/Sriparni Oil |
|
45 |
Gaharwar Pharma Products/P. V. Tone Leha |
|
46 |
Shaafi Herbal Care/Safarjal ka Murabba http://www.shaafiherbalcare.com/products/22-safarjal-ka-murabba-quince.html |
|
47 |
Charak Pharma Pvt Ltd/Pallrywyn Forte Tablet https://shop.charak.com/products/healthcare/general/pallrywyn-forte-tablet/ |
|
48 |
Jiva Ayurveda/ Arouse Oil |
|
49 |
Jolly Pharma/ Jolly Sunsex Gold Capsules http://www.jollyhealthcareonline.com/index.php/premature-ejaculation/jolly-sunsex-gold-capsules.html |
|
50 |
Jolly Pharma/ Jolly Sunsex Gold Oil http://www.jollyhealthcareonline.com/index.php/premature-ejaculation/jolly-sunsex-gold-oil.html |
|
51 |
Juvenor Pharmaceuticals/Muslinites Gold TRIPTI Oil |
|
52 |
Juvenor Pharmaceuticals/ MusliNites Capsule |
This is one of its kind product to help increase libido and sexual desire |
53 |
Jwala Ayurved Bhawan/ Madanshakti |
|
54 |
Jwala Ayurved Bhawan/Kilvari |
|
55 |
Himalaya Drug Company/Gokshura tablets https://www.himalayawellness.in/our-products/pure-herbs/gokshura |
|
56 |
Himalaya drug company /Kapikachhu tablets http://www.himalayawellness.com/products/wellness/kapikachhu.html |
|
Food and Beverage
Education
Personal Care
Others
Suo Motu surveillance by ASCI for misleading advertisements
The advertisements given below were picked up through ASCI’s Suo Motu surveillance of Print and TV media via the National Advertisement Monitoring Services (NAMS) project. Out of 103 advertisements that were picked, 29 cases were informally resolved wherein the advertisers promptly confirmed that the advertisement are being withdrawn immediately post receiving the complaints. Of the 103 advertisements, complaints against 73 advertisements were upheld. Of these 73 advertisements 32 belonged to the Education sector, 25 advertisements belonged to the Healthcare sector, six belonged to the Food & Beverages sector and 10 belonged to the ‘Others’ category.
The CCC found that the claims made in following five advertisements were misleading claims that exploit consumers’ lack of knowledge and lead to widespread disappointment in the minds of consumers. The advertisements were found to be in violation of ASCI Guidelines for Advertising for Educational Institutions.
Complaints against advertisements of 27 educational institutes listed below are UPHELD mainly because of unsubstantiated claims AND/OR misleading claims that they provide 100% placement/100% placement assistance AND/OR they claim to be the No.1 in their respective fields.
Sharanya Narayani International School, Central Technology Training Foundation, Eager Education & Charitable Trust- Eager Training Institute, iRise Academy for Competitive Exams, Ratnam Coaching Centre, Sagar Institute of Research & Technology, Shankar IAS Academy, Gurukul Classes, Amar Paramedical College, Sri Bhavana Para Medical College, Mekapati Rajamohan Reddy Institute of Technology and Science, Management Development Institute, Drona Kids, Elite Academy, Mahatma Jyoti Rao Phoole University, Shivalik School, Agra Career Point, Flying Turtle Studio, Liberty Career Academy, Beacon Education, Krishnaben Mukeshbhai Jani College of Nursing, Matha College of Nursing/ Matha School of Nursing, Anurag Dixit’s Musicology School of Music & Performing Arts, New King’s Academy, R.K Group of Institutions (R. K School of Nursing & Paramedical), Sagar Public School, Spice Air Academy
Healthcare
Complaints against the following 11 advertisements are UPHELD primarily due to unsubstantiated claims that exploit consumers’ lack of knowledge and could lead to widespread disappointment in the minds of consumers.
The following 14 advertisements were considered to be, prima facie, in violation of The Drugs & Magic Remedies (DMR) Act when the advertisement was viewed in totality with the texts and visuals:
SR No |
Brand/Product |
Claim(s) |
1 |
Ganga Ayurvedic Clinic |
|
2 |
Borvankar Polyclinic |
|
3 |
Dhanwantari Ayurveda |
|
4 |
Chetak Clinic |
|
5 |
Hero Clinic |
|
6 |
Dr Ayurveda/Dr Ayurveda Power Prash |
|
7 |
Paul Pharmacy /Paras Range of Products |
|
8 |
Repl India/Super Sonic capsule |
|
9 |
Ganga Grow up Ayurvedic Powder |
|
10 |
Elan Impex/Reliefeon |
|
11 |
Vini Pharma/ Vini Diabtonixx Capsule |
|
12 |
Yuktamukhi Capsule & Gel |
|
13 |
Dr. Dixit’s Accupuncture |
|
14 |
Venkateshwar Homeopathic Clinic |
|
Food and Beverage
Others
The CCC found that the claims in following 10 advertisements were misleading and exploited consumers’ lack of knowledge leading to widespread disappointment in the minds of consumers