ASCI upheld complaints against 151 out of 199 ads in September 2016

In September 2016, ASCI’s Consumer Complaints Council (CCC) upheld complaints against 151 out of 199 advertisements. Out of 151 advertisements against which complaints were upheld, 75 belonged to the Education category, 39 to the Healthcare category, followed by 10 in the Food & Beverages category, 8 in Personal Care Category and 19 advertisements from other categories.

Healthcare

The CCC found the following claims of 39 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:

Cosmic Grace, Thosh (ThoshIon Shower), Nanophyto Pharmacy (UR Halt), Kudos Laboratories India (IME-9 Tablets), Fizikem Formulations (Madhucure Diabetic Juice), Tara Nutricare (Tara Magik Mass), Shakti Sudha Agro Ventures (Shakti Sudha Makhana), Kerni Fitness (Fitness Universe Animal Effect), Ayurwin Pharma (Nutri Slim powder/Capsule), AVS Herbals (Energic-31Capsules), Shree Baidyanath Ayurved Bhawan (Baidyanath Madhumenhari), Cadila Healthcare (Nutralite), Manav Care Chikitsalay, Sri Nageshwar Ortho & Trauma Centre, Srigiri Ayurvedic Hospital, Oxymed Hospital, Oxymed Hospital, Oxymed Hospital, Puressenz (LupTup Herbal Concentrate), Dr Shah’s Super Speciality Clinic, Signature Skin, Dr G Wellness (Arthritplus), Shree Baidyanath Ayur Bhawan (Baidyanath Vita-EX Gold Women), Goyal Ayurved and Herbals (Goyal Ayurved and Herbals Range of Products), Nidan Ayurveda India, The Fitness Zone, Dr. A. K. Jain, Zimalaya Drug (Slr Four Power Booster Capsules), Perfect Point (Cool sculpting treatment), Curves & Smile, Sex Clinic (Sex Clinic Range of Products), Good Care Pharma Products (Neem Guard and Stress Guard), Sai Hospital, Lifespan Clinic India (Lifespan Diabetes Clinics), Care & Cure Herbals (X men Plus), Deemark Health Care (Love Forever VT), Lifezen Health Care (Eye Spa), Trim-O-Fast Herbal Slimming Kit, Standard Laboratories (Navab- E-Navab).

FOOD & BEVERAGES

Buzz Live Foods (Pelicana DD Drinker’s Drive), M.K Agrotech (Sunpure Sunflower Oil), Bhagat Marketing Corporation (Amrut Dana Dal), Grofers (Dunkin’ Donuts), Inbisco India (Kopiko Cappuccino), Kaleesuwari Refinery (Cardia Life Oil), Emami Agrotech (Emami Healthy & Tasty Sunflower Oil), Emami Agrotech (Emami Healthy & Tasty Soyabean Oil), Emami Agrotech (Emami Healthy & Tasty Refined Rice Brand Oil), United Breweries (Heineken).

Personal Care

J.K. Helene Curtis (Park Avenue Acti-Cool Deodorant), VLCC Personal Care (VLCC Slimmer’s range of products), Johnson & Johnson (Clean & Clear Foaming face wash), Clarins (Clarins White Plus), Sairaa Hair Gel, Lotus Herbals (Lotus Safe Sun Whitening Plus), Nature’s Essence ( Nature’s Lacto Tan Clear), Aswini Homeopathy & Ayurvedic Products (Aswini Hair Oil).

Education

The CCC found following claims in the advertisements by 75 different advertisers were not substantiated and, thus, violated ASCI Guidelines for Advertising of Educational Institutions. Hence complaints against these advertisements were upheld.

Pratap University, ITM University, Sujas, Aptech (Arena Animation), FIIT JEE, Naval Career Institute, Luthfaa Foundation Luthfaa Polytechnic Institute, Allen Career Institute, National Academy of Event Management & Development.

Complaints against advertisements of all educational institutes listed below mostly are upheld because of unsubstantiated claims that they ‘provide 100 per cent placement/ and/or they claim to be the No. 1 in their respective fields’:

University of Petro & Energy Studies (UPES College of Engineering Studies), GyanSagar Foundation (Royal group of Institution), Para Medical Council of Gujarat, Skybird Aviation, St. Margaret Engineering College, Mother Teresa Group of Colleges, GomtiNandan Public School, Lingaya’s Paradise Education Trust (Lingaya’s University), Karnataka Reddyjana Sangha (Vemana Institute of Technology), Brundavan Educational Trust -Sampoorna Institution of Technology & Research, Mata Gujri College, Sanskriti College, Sri Aravindar Education Center (Sri Aravindar Engineering College), ChennaisAmirta International Institute of Hotel Management, New Image Beauty Academy, Xavier College of Hotel Management , Sri Sapthagiri Institute of Technolgy, Mahanadi Education Society (Ritee Group of Institution), Subhas Bose Institute of Hotel Management (SBIHM), Frameboxx Animation & Visual Effects, Dhanwantari  ITI, M Star Institute of Hotel Management, Bagaria Education Trust (Vivekananda Global University), J K Lakshmipat University, Skytech Technical Training Foundation, Gandhi Institute Of Engineering & Technology, UCMAS (U C Mas Mental Arithmetic), Dr Sahus PMT Biology Classes, MATS University, TeerthankerMahaveer University, Kota Study Circle, Sri Chaitanya IIT Academy, Bhavani/Aparna School of Nursing, IICHM School of Computer, Atmiya Group of Institutions, Dr.A.P.J. Abdul Kalam Polytechnic College, Subhas Bose Institute of Hotel Management (SBIHM), I.T.S The Education Group, Vijay Krishna College of Nursing, Apollo Institute of Technology, SVGI Group of Institutions (Lord Venkateswaraa Engineering College and Lord Ayyappa Institute of Engineering & Technology Kanchipuram Chennai), DAV College Trust & MGMT Society    (DAV Institute of Engineering & Technology), IIMT, Akash Animation Institute of Multimedia and Visual, Pai Classes, Sona College of Technology, Jasoda Institute of Technology and Management Science (JITMS), Bhabha Group of Institution, Academy of Indian Banking, Peoples Education Society (PES Evening College), Parshi Training & Tech Service (Cad Desk India), Prolific Training, Brain Bench, Vairabi Institute of Paramedical Sciences (VIPS), Bollineni College of Nursing, Jan ShikshanSanstha, International Institute of Design, Kalasalingam University  Kalasalingam Academy of Research and Education, Centurion University, Ratnam Coaching Centre, Sanjay ShikshaSamiti  (Apex institute of Engineering & Technology), Prolific Systems & Technologies Pvt. Ltd,Hi-Tech Institute of Advance Technology, Alternative Learning Systems (ALS), Lords International College, Dream Shapers & Climax Academy and National Institute Of Fire & Safety Engineering (NIFSE).

Others

Digital Radio Broadcasting (Mumbai) (Redtro 106.4 FM):It was concluded that regardless of the disclaimer in the advertisement, the visual showing a boy hanging out of a moving train shows a dangerous practice without justifiable reason, manifests a disregard for safety and encourages negligence.

Fever 104 HT Media (Fever 104 FM): The advertisement’s claims, “Bangalore's No.1 FM Station!” and “1 > 2+3+4+5 -FEVER 104 Bangalore has more listeners than the combined listenership of RED FM (No.2), Radio One (No.3), Radio Indigo (No.4) & Mirchi (No.5). Well there is a reason we are called the BAAP”, were not substantiated and are misleading.

Berger Paints India (Berger Express Painting):The advertisement’s claims, “You will be amazed to see how the trained painters use the hi-tech sanding machines to scrape your walls without any dust and use the automatic paining machines to paint the walls perfectly in no time.” were inadequately substantiated with supporting evidence, and are misleading. 

Polycab Wires (Polycab Cables & Wires): The advertisement’s claim, “25% Power Saving”, was substantiated under the lab conditions, but the claim is not valid for a general household. The claim is misleading by implication and exploits consumers’ lack of experience and knowledge. 

Trivago: The advertisement on Trivago of Hotel Hyatt, Kolkata claiming an offer of “Rs. 2601 with breakfast included”, is misleading and is a “Bait and switch” type activity as on the click of the `view deal’ option, the consumer is directed to another hotel and not Hyatt. The advertisement was grossly misleading.

S.C. Johnson Products (All out 5 in 1): The advertisement’s claim of “Complete Protection” was not adequately substantiated. Also, the claim of “New” was not substantiated and is misleading.

Hitachi India (Hitachi A/C): The advertisement’s claim, “5 star forever”, was inadequately substantiated and is misleading.

Vodafone India (Vodafone HD Voice calling ad): The advertisement’s claim, “Enjoy life-like sound with HD voice calls”, was inadequately substantiated and is misleading.

Su-Kam Power Systems: The claims in the advertisement, “Largest Solar Rooftop installations” and “India’s Most Trusted Brand”, were not substantiated with supporting proof and with comparative data versus other industry players in the same category. Also, the TVC is misleading by gross exaggeration and does not have appropriate disclaimers to indicate the source of the research being referred to for the claims.

Amazon India (Moto G4 Plus): The advertisement regarding the contest was misleading by omission of the mention of date of execution and the date of announcements of winners of the contest. While Amazon asserts that they have complied with any obligation related to the offer, they did not provide evidence of the customers who have benefitted from the said offer. The advertiser has not stated clearly all material conditions so as to enable the consumer to obtain a true and fair view of their prospects in such activities.

Idea Cellular (IDEA 3G – Exclusive offers for TCS): The advertisement’s claim, “Unlimited 2G after free data usage”, is misleading by omission of the condition that the 2G data speed is capped at 10kbps.

Nissan Motors India (Datsun Redi-GO): The advertisement’s claim, “Datsun redi-Go starting from Rs. 2.39 lakhs”, was not substantiated with supporting evidence of genuine customers who have availed of this offer, and is misleading by implication.

Godrej Consumer Products (Godrej Aer Pocket): The claim in the advertisement, “lasts upto 30 days”, was not substantiated. The advertisement is also misleading by ambiguity as the voice over (in Hindi) says, “Iski khushboo tike pure tees din” (“lasts for 30 days”).

Bharat Petroleum Corporation: The claims, “Better Driving Experience”, “Lower Maintenance Cost” and “Lower Emission", were substantiated for Speed in comparison to ordinary petrol; however, in absence of description of the basis of comparison in the advertisement, the claims were considered to misleading by ambiguity.Also in view of other potentially better sources of energy being available for the vehicle over petrol and in absence of any qualifiers,the claims “The Environment Friendly Fuel”, “Eco- Friendly Fuel for the Health of Your Car and the Nature” are misleading by ambiguity and implication. Further, the absolute claim “Go Green with speed” appearing with excessive emphasis on green colour theme in the advertisement was misleading and not considered to be appropriate and acceptable from environmental claims perspective.

D.K.Bhardwaj: The claims in the advertisements as translated into English, “Open challenge, solution for all problems except death. 5000% guaranteed, effect begins within one minute”, “A specialist in making you be with the desired male or female. Make your desired female or male do whatever you desire by hypnotizing/controlling them”, “Get rid of the other woman enemy. Teach a lesson to your enemies”, “If you want a love marriage, a quick wedding, even if your girlfriend/boyfriend or parents don’t agree.  Make your parents agree, guaranteed”, “To hypnotize/control anyone or to break anyone's hypnotism/control”, “As soon as the spell is cast, girlfriend, boyfriend, wife will come back running to you” and “Lottery, Satta (gambling) specialist”, were not substantiated, and are misleading by gross exaggeration. Also, the advertisement exploits the consumers’ lack of knowledge and is likely to lead to grave or widespread disappointment in the minds of consumers.

Prameya News7: The advertisement’s claim to be the “No. 1 Odia News Channel” on the basis of Average Time Spent or ATS (Viewer) while the fair basis of comparison would be Gross Rating Points or GRPs('000).  A leadership claim can only be made on the basis of the total time that all viewers spend on it, not the average time each viewer spends. It misrepresents the leadership claim. While the period of comparison, week 15-32, and the citation of BARC and the audience definition used, comply with BARC's Guidelines, the basis of comparison is chosen in a manner that confers an artificial and misleading advantage upon the advertiser.

Hindustan Pencils (Apsara Pencil – Social Media Day Contest): Apsara Pencil ran a contest on Twitter and informed that the participant (complainant in this case) had not finished the step 1 process by not completing the hashtag - #ApsaraPencils……..whereas as per the complainant, all the contest rules were followed. The advertiser also stated that there were no winners for the contest as the necessary rules were not followed. However, no data regarding overall contest participants or details as to why the complainant was disqualified was provided by the advertiser. In absence of this data, the complaint was considered to be valid and the advertisement contravened the ASCI Codes.

Lenskart: The advertisement’s claims, “We offer a unique Free Trial Service across India”, was not substantiated with supporting evidence of the customers who have been benefitted by this offer. Also, the claim is misleading, as based on the information provided by the complainant, the advertiser is offering Frames on trial only in Delhi, Noida, and not across India as claimed in their advertisement.

Levi Strauss (India): The “Flat 50% off” claim in the advertisement is misleading by ambiguity as the discount is being calculated on a reference price which is inclusive of VAT and VAT is in any case being added post discount. With respect to the disclaimer in the advertisement, it was noted that a disclaimer should not attempt to correct a misleading claim made in an advertisement.