Airtel, Apple, Thums Up, HUL-RinAntibac, Nivea ads under ASCI scanner

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 7 in Personal Care Category, 6 in the Food & Beverages category and 8 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 (Max Artho Capsules, Oil and Gel), Nurture Health Care (Medora Capsules), Qi Lifecare (Qi Spine Clinic), Shree Maruti Herbal (Stay On Power Capsules), Sikar Hospital & Research Institute, Eli Pharmaceuticals (Melas Cream and Melas Lotion), Dhathri Ayurveda (Dhathri abs clinic), Ayur Life Health Care (Ayur Hair Cream), Dr. Sharmaji, Induslife Biotics (DIA-QR), Vitro Naturals, Ismail Pharma (Mathura) (Ismail Pharma Range of Products), Amlaya Herbals (Jippo Range Of Products), Capital Pharmacy (Attari Tel), Sri Varma Ayurvedic Hospital, Proyurveda Lifescience (Proyurveda Max Pilo), Juvenor Pharmaceuticals (Muslinites Gold), Shree Maruti Herbal (Stay-On Oral Liquid), Shree Maruti Herbal (Stay-On Capsule), Rajnish Hot Deals (PlayWin Range of Products), Izda Healthcare (Depforce), Dr Batras Positive Health Clinic, RadhaKishan Children Hospital, Sex Samadhan Clinic, Essentia Business (Kamadeva Long Drive Range of Products), Chaturbhuj Pharma Company (Japani Range of Products), Merlin Natural Care Clinic, Juvenor Pharmaceuticals (Muslinites Gold Capsule), Taj Hospital, Chaudhary Bavasir Hospital, Positive Homeopathy, PrakrutiAyurvedic Hospital, Rajnish Hot Deals (Play Win Range of Products), Ismail Pharma (Night Stop Capsule and Powder), Vjs Pharmaceuticals (Visible Change Cosmetic Beauty Clinic), Angels Advanced Clinic (Angels Advanced Clinic), Hair Doc Trichology Hair Clinic, TulsiHerbo Cure, Healing Hastha Herbal Concepts (My Dr. Pain Relief Oil), Kudos Laboratories India (Kudos V-1 Ointment), Rajnish Hot Deals (Play Win Range of Product), Shree Maruti Herbal (Stay On Capsule), Rajnish Hot Deals (Play Win Range of Product), Naik Homeopathy Care and Cure Clinic (Naik Homeopathy), Bengali Dawakhana, M J Care Hospital, Makewell Pharmaceutical (Speed Height Capsule), Shravya Speech and Hearing Clinic, Mongas Ayurvedic and Herbal Company (Ayur Grow Tablet), Benda Acupuncture and Slimming Centre, Ayushakti Ayurved (Ayushakti Ayur Health Centre), Natural India Products Company (Nipcos Range of Products), Stammering Relief Centre, Nila Pharmaceuticals (Arsamukthi), Shree Varma Ayurveda Hospital, 34 Heart Care, Caram Health Care Ziolyfee, Sablok Clinic, Health 4 You, Pretti Slim Clinic, Angels Advanced Clinic, Oplus Hospital, Dr. A’s Clinic, Advanced Beauty & Cosmetic Clinic, Diabliss Consumer Products (Diabliss Herbal Cane Sugar), Mead Johnson (Enfagrow A+), Positive Homeopathy (Anti-Allergy Clinic), Vee Care Marketing World (Vee Care Ayurveda), Dr Batra’s Homeopathy Family Clinic, Kudos Laboratories India Limited Kudos V-1 Range of Products (Kudos V-1 Tablet and Jointment), Rex (U& A) Remedies (Rex’s Dimaghi the complete Brain Tonic), Dr. Sanjeev Bhardwaj (Dr. Sanjeev Cancer and liver clinic), SBL Ltd., Arogyam Panchkarma (Obesity Killer Kit), Dindayal Industries Limited (303 Capsule), Dindayal Industries Limited (303 Gold Power Oil), Nurture Healthcare (Ayurex NDX), Olivet Pharma (Ayusya Ayurvedic Superspeciality Treatment Centre), Bajrangi Nirogdham Aushadhalay, BNDD Herbals (BNDD Rudra Shakti Malt), Chaturbhuj Pharmaceutical Company (Japani Capsule Range Japani M and F), Jeevan Jyoti Health Clinic, Khodiyar Ayurvedic, Navchetana Kendra (Navchetana Kendra Products Recall Capsule), Navchetana Kendra (Navchetana Kendra Products Debisulin), Om Sai Ayurveda India Limited, Shree Hari Clinic, OPTM HealthCare (Varco Therapeutic Oil), Vedamrut Ayurvedic Health Education Trust and Research Centre, Olefia Biopharma Limited (Votif Range of Products Votif Powder and Syrup), Syneron Candela (CO2RE Intima), Health 4 You, Fit N Slim Weightloss & Slimming Center. 

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. 

Vidyamandir Classes, Cadd Centre India (Cadd Centre-Ce) 

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 Sch 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 ShodhSansthan and All India Education Research Academy Ltd. (ERA Kids A Play School). 

Personal Care 

Nivea India (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: The advertisement showcases pictures of the results both Pre and 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 (RinAntibac): The advertisement’s claim, “Presenting new RinAntibac 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 (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 (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 hairfall”, and “Makes hair black naturally”, were not substantiated with product efficacy data, and are misleading.  

18 Herbs Organic Labs (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 

SV 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 (Thums Up): The advertisement showcases a rider performing a wheelie in normal streets, traffic conditions, right amongst 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 advertisementis 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 (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 implicationand contravened the ASCICode (“Whether there exists in the advertisement under complaint any direct or indirect clues or cues which could suggest to consumers that it is a direct or indirect advertisement for the product whose advertising is restricted by this Code.”). Also, the advertisement did not meet the requirements as per ASCI's Guidelines for Qualification of Brand Extension Product or Service and thereby contravened the ASCI Code (“Whether the unrestricted product which is purportedly sought to be promoted through the advertisement under the complaint is produced and distributed in reasonable quantities, having regard to the scale of the advertising in question, the media used and the markets targeted.”). 

CavinKare (Ruchi Pickles): The advertisement (in Tamil), as translated in English, claims, “Don’t buy pickles that are not of good quality. All the pickles that sell at same price does not mean they are of same quality... There are many pickles in the market in which they use Lemon peels, mango that has fallen down due to heat, soda mixed chilli and bad quality oil, all put in eye catching packaging”. The claims were considered to be misleading by omission of a reference that they meant this comparison to be with the products from the “unorganized sector” and by implication as the bottle being depicted in the advertisement was from a supermarket / store (i.e. organized sector). It was also noted in the context of the protagonist choosing the product from the shelf in super market, the visuals showing other bottles being filled in unhygienic manner unfairly denigrate the entire class/category of Pickles.  

Milkor (Mikor Pateurised milk): The advertisement’s claim, “Milk is one of the most adulterated food products in India. Drinking Milk? Or Poison” is misleading by implication and exaggeration and not substantiated for branded milk products as there was not data provided to indicate that branded products are adulterated at source. Most adulteration incidents reported are through the supply chain. 

Others 

Standard Chartered Bank (Standard Chartered credit card): The advertisement claims, “Get upto 10% extra cashback on all spends with your Standard Chartered credit card”, is false and is misleading by ambiguity as the cashback being offered is limited to Rs 10,000. 

Apple India (Apple): The advertisement’s text states, “The amazing iPhone 7 is here”, but shows an image of iPhone 7 Plus variant, which is misleading by ambiguity and implication. While the advertiser may have a logo/ trademark with “iPhone7”, by omission of any reference to “series” in the advertisement text and in absence of any visual of iPhone 7 variant, it was concluded that the advertisement is likely to mislead the consumers about the product advertised and its corresponding features. 

Opera Software Asa (Opera Mini): The advertisement’s claim, “Saves data cost up to 90 percent while browsing”, was not substantiated with supporting data and is misleading by exaggeration. 

Bharti Airtel (Airtel): The advertisement’s claim, “Free Calls Local + STD” cannot be said free as the prevailing price for data without advertised incentive is less. i.e. from the consumer’s point of view, they have to make a payment of Rs 149 to avail this offer although they get only 300MB data versus 500 MB data. It was concluded that the claim, “Free Calls Local + STD”, is misleadingand contravened the ASCI Code (“when one product is offered free on purchase of other product, the free product can be treated as free only when the price of the product which is offered for purchase with the advertised incentive is not more than the prevailing price of the product without advertised incentive”). 

Bharti Airtel (Airtel-V Fiber): The advertisement’s claim, “Get A Free Upgrade. For Life”, is misleading by omission as the Upgrade is not free but is subject to an additional cost of Rs.1000/- being charged as activation fees.  

Kansai Nerolac Paints (Nerolac Mica Marble): The advertisement’s claims, “Mica Ghar Ko Banaye Tough”, and “Marble Unki Shaan Banaya Rakhe Saal-o-saal”, were inadequately substantiated and are misleading by exaggeration and implication that other paints are inferior to the advertised product.  

Bharti Airtel (Airtel-V Fiber): The advertisement’s claim, "Upload files in a jiffy", is not substantiated and misleading by implication as it treats download and upload speeds at par while it is not so. 

One MobiKwik Systems (Mobikwik E-wallet): The advertisement’s claim, “India’s most secure e-wallet”, was not substantiated in the absence of any comparative claim support data. Also, the claim is misleading by exaggeration.

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