ASCI upheld complaints against 82 out of 148 advertisements

In June 2015, ASCI’s Consumer Complaints Council (CCC) upheld complaints against 82 out of 148 advertisements. Out of 148 advertisements against which complaints were upheld, 26 belonged to the Personal and Healthcare category, followed by 22 advertisements in the Education category, 9 advertisements in Food and Beverage category, 7 advertisements in media and entertainment category and 18 advertisements from other categories.

HEALTH AND PERSONAL CARE:

The CCC found the following claims in health and personal care product or service advertisements of 26 advertisers 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.

1. L’Oreal India P. Ltd (GarnierPureActive Neem+ Tulsi High Foaming Face): The advertisement, promotional pamphlets and leaflets of the product claim, “removal of 99.9 %   pimple causing germs” was found ambiguous and unsubstantiated.

2. L’Oreal  India Limited (New Garnier Action Facewash): The claim in the advertisement of New Garnier Action Facewash, “1 tone fairer skin”, was not substantiated and was misleading by ambiguity.

3. CavinKare Pvt Ltd (Chik Egg White Protein Shampoo): The advertisement claims “Isska Egg White Protein damage baalon ko jad se sire tak nourish karke hair fall kam kare” (“Its Egg White Protein nourishes damaged hair from root to tip and reduces hair fall”), was not substantiated with data specific to Egg White Protein. The visual depiction showing strengthening of the hair roots by the Egg White Protein, resulting in reduction of hair fall, and strengthening of hair, was misleading. In view of the above, the claim of “Perfect Solution” against hair fall was also found misleading. In addition, the supers/disclaimers in the TVC were not legible.

4. CavinKare Pvt Ltd (Nyle Naturals Hairfall Defence shampoo): The disclaimer in the advertisement claims, “Baalon ke tootne ke karan hone wale hair fall …” is factual. However, the the term used in the voice over “...baalon ka jhadna …” was considered to be misleading by ambiguity.

5. Lotus Herbals Limited  (Lotus Herbals Youth RX): The advertisement claims, “A firmer and younger skin in just 7 days”, “ In 4 weeks 96 percent of users have agreed that effects of ageing are almost gone”,  were inadequately substantiated. 

6. Akansha Hair & Skin Care Herb Unit Private Limited   (Akansha Swarnali Fairness Cream): The claim in the advertisement which states “Fairness in three weeks” was not substantiated.

7. Fortis Healthcare Limited: The advertisement of Fortis Healthcare Limited does not refer to the criteria applicable for cosmetic surgeries and by presenting this as a “limited period discount” offer could encourage unsafe practices.  Also, the advertisement is misleading by omission of a disclaimer INDICATING the risk factors involved.

8. Vicco Laboratories (ViccoTurmeric Facewash): The advertisement claim, “No Pimples, No blackheads”, “Kyunki (pimples / blackheads) hai hi nahi” is an absolute claim and was not adequately substantiated with efficacy data for this product. In addition the claim, “har ladki ki skin problem ka ek hi upaay” was also considered to be misleading.

9. Japanese Automatic Penis Increasing Tool: The advertisement of the product claims, “World’s No, 1 Sexologist”, “Sexual Diseases, why disappointed?”, “Free Japanese Penis Increaser Tool”, “Makes penis long by seven to eight inches, thick, shapely and energetic. Cures premature ejaculation, impotency, childlessness and increase sex time up to 25-30 minutes. Get excitement capsule, romantic spray, 175 Kaam Kala Book, 16GB Memory Card and DVD Free along with 45 days medicine”,  “Money back if it does not work”,  “By the use of these machines size of the male penis will increase by two to six inches and intercourse timing will increase by 30-45 minutes”,  were not substantiated.  Also, specific to the claims related to sexual impotency, and the advertisement claims read in conjunction with the advertisement visual implying that the product is meant for enhancement of sexual pleasure, is in breach of the Drugs and Magic Remedies Act.

10. Japanese Automatic Penis Increasing Tool: The advertisement claims, “See the effects with its use”, “If your penis is small, thin crooked then make it long, thick, strong and shapely and increase sex time by 30-40 minutes. Cure premature ejaculation, nightfall, impotency, childlessness, nil sperms 100% from its roots. Get 30 days medicine with Japani Masti Oil, Kaam Kala Book, DVD, rapturous spray, excitement capsule without any charge. Colour Mobile Free”, “By the use of these machines size of the male penis will increase by two to six inches and intercourse timing will increase by 30-45 minutes”, were not substantiated.  Also, specific to the claims related to sexual impotency, and the advertisement claims read in conjunction with the advertisement visual implying that the product is meant for enhancement of sexual pleasure, is in Breach of the Drugs and Magic Remedies Act.

11. Japanese Automatic Penis Increasing Tool: The advertisement claims, “Make penis eight to nine inches long, thick & strong and increase sex time up to 30 -45 minutes by making it straight. Get 100% rid from impotency, premature ejaculation, nil sperms, nightfall, and bad habits like masturbation with guarantee. Get 30 days medicine, 8GB memory card, fun gel and excitement capsule free”,  “Benefits Guaranteed”,  “No Side Effect”,  “By the use of these machines size of the male penis will increase by two to six inches and intercourse timing will increase by 30-45 minutes”, were not substantiated.  Also, specific to the claims related to sexual impotency, and the advertisement claims read in conjunction with the advertisement visual implying that the product is meant for enhancement of sexual pleasure, is in Breach of the Drugs and Magic Remedies Act.  

12. Sexual Disease: The advertisement claims, “Small penis, why disappointed?”, “World’s No.1 Penis Increaser Tool”, “Effect starts immediately with its use. Make penis long by seven to eight inches, thick, strong, shapely and energetic. Increase sex time up to half an hour. Successful cure of impotency, premature ejaculation, nightfall, childlessness. Powerful 30 days medicine, excitement capsule, romantic spray, Kamasutra Book, 8GB Memory Card free”,  “Money back if not benefits are not found”,  “By the use of these machines size of the male penis will increase by two to six inches and intercourse timing will increase by 30-45 minutes”,  were not substantiated.  Also, specific to the claims related to sexual impotency, and the advertisement claims read in conjunction with the advertisement visual implying that the product is meant for enhancement of sexual pleasure, is in Breach of the Drugs and Magic Remedies Act.

13. Sex Dhamaka: The claims in the advertisement says,  “Small penis, why disappointed?”,  “Japanese Penis Increaser Tool”,  “Automatic Power Tool”, “Make penis long by eight to nine inches, thick, shapely, thick by five inches and sex time up to 40-45 minutes”,  “Cure premature ejaculation, nightfall, nil sperms, and impotency and take double joy of sex. For more information 8GB memory card, color mobile, sex texts free”, “By the use of these machines size of the male penis will increase by two to six inches and intercourse timing will increase by 30-45 minutes”, were not substantiated.  Also, specific to the claims related to sexual impotency, and the advertisement claims read in conjunction with the advertisement visual implying that the product is meant for enhancement of sexual pleasure, is in Breach of the Drugs and Magic Remedies Act


14. Vaccum Therapy: The claims in the advertisement state,  “Unique invention”,  “Penis Increaser Tool with Vaccum Therapy”,  “American Agency FDA believes that by Vaccum Therapy and Penis increaser Tool along with  Ayurvedic medicines make your penis eight to nine inches long within 15 minutes, three to four inches thick, strong, straight and increase sex time by 30-45 minutes, also cures premature ejaculation, impotency, small penis, looseness of penis, thinness, nightfall, erectile dysfunction, childlessness, impotency from its roots”,  “100% Herbal Treatment”,  “By the use of these machines size of the male penis will increase by two to six inches and intercourse timing will increase by 30-45 minutes”,  were not substantiated.  Also, specific to the claims related to sexual impotency, and the advertisement claims read in conjunction with the advertisement visual implying that the product is meant for enhancement of sexual pleasure, is in Breach of the Drugs and Magic Remedies Act.

15.  The Body Care Slimming & Beauty Clinic: The claims in the advertisement, “Seven days fast track program”, “Fastest reduction infrared cavitation therapy”, “Lose up to five to eight centimetres in one area”, “Get rid of baldness result in 6 weeks only”, were not substantiated. Also, the visuals showing the images of before and after the treatment were misleading. In addition, specific to the claims implying baldness prevention is in Breach of the Drugs and Magic Remedies Act. 

16. Rocket Capsules: The claims in the advertisement to enhance sexual power was not substantiated. Also, the advertisement claims read in conjunction with the advertisement visual and the pack visual implies that the product is meant for enhancement of sexual pleasure, is in Breach of the Drugs and Magic Remedies Act.

17. Neem Jamun Kerala Ras: The advertisement claims, “Natural source of iron, vitamin and calcium”, “Controls sugar and reduces sugar levels in just seven days of its consumption”, “Completely cure diabetes in six months”, “100% organic”,  “No side effects”, were not substantiated. Also, specific to the claim related to cure of Diabetes, the advertisement is in Breach of the Drugs and Magic Remedies Act.

18. Vibes Healthcare Limited: The claims in the Advertisement state, “Get a flat belly without exercising”, “Lipo Laser programs 60 minutes”, “Quick Inch Loss and Quick Weight Reduction”, “Lose up to six centimetres from Waist, Hips and Thighs”. These claims were not substantiated.

19. Shathayu Ayurveda: The advertisement claims, “Special detoxification at Shathayu Ayurveda increases the natural Insulin production in the body by activating pancreases” and “Ayurveda says Diabetes is curable”, were not substantiated. Also, specific to the claim related to cure of Diabetes, is in Breach of the Drugs and Magic Remedies Act.

20. Sanzyme Ltd. (Nutrus Slim Tea): The advertisement claims relating to the Health Benefit such as “Weight reduction” and, “Reduces the risk of diabetes and cancer”, were not substantiated. 

21. The Body Care Slimming and Beauty Clinic: The claims in the Advertisement says, “Stay Slim Forever without Dieting”,  “2.3 day slim program”,  “Fat reduction of six to eight centimetres”,  “Lose up to ten kilograms”,  were not substantiated.

22. HealthCare  Global Enterprises Limited: The advertisement mentioned the complainant doctor’s name without his permission, which is in contravention of the ASCI code and also confers an unjustified advantage for their hospital.

23. Raghudeep Eye Hospital: The claim in the advertisement states, “India’s first exclusive blade free Lasik Centre in Ahmedabad”, was not substantiated with supporting data. Also the claims, “World’s safest blade free technology” and “US-FDA approved single use disposables to prevent infections” were not substantiated with authentic evidence.

24. Sikandar-e-Azam: The advertisement claims,  “World’s Best Sikandar-e-Azam”,  “Capsule for Penis Enlargement available in India”,  “New trust with one capsule”,  “Make penis long by one to two inches, thick cures premature ejaculation and makes penis steely”,  “Strength, contentedness, satisfaction – With Guarantee Card”,  “By the use of these machines size of the male penis will increase by two to six inches and intercourse timing will increase by 30-45 minutes”,  were not substantiated.  Also, specific to the claims implying that the product is meant for enhancement of sexual pleasure, the advertisement is in Breach of the Drugs and Magic Remedies Act.

25. Mangal Pharma (Madhu Care Churma): The advertisement claims, “Sureshot Treatment/ Solution of Diabetes- Madhu Care Churna”, was not substantiated. Also, specific to the claim related to treatment of Diabetes, the advertisement is in Breach of the Drugs and Magic Remedies Act.

26. Thyrocare:  The advertisement claims, “Nine out of ten thyroid patients are mothers”, was not substantiated.

EDUCATION

The CCC found that claims in the advertisements by 23 advertisers were not substantiated and, thus, violated ASCI Guidelines for Advertising of Educational Institutions. Hence complaints against these advertisements were UPHELD.

1. Amity University: The advertisement claims, "Amity University ranked among the Top Universities in Asia by QS, a leading ranking organization”, was not substantiated.

2. The Sagar School: The advertisement’S claim “International School Award 2014-2017”, is false, and is misleading by omission.  Also, the advertisement does not fulfil the criteria laid down by the British Council for making such claims in the advertisement such as size of the logo, placement of the logo etc.

3. BYJU’s Classes: The advertisement claims, “Announcing excellent success ratio in our first IIT batch with 161 of 212 students clearing JEE Mains” and “Get classes from India's best teachers”, were not substantiated with data. In addition, the claim “Bangalore's Biggest Scholarship Test for 7th to 12th Class students”, was not substantiated with comparative data.

4. Amity University: The advertisement’S claim, “Distance Learning Programmes ranked #18 worldwide by QS”, was not substantiated.

5. CLAT Possible: The claims, “Rank 1 in CLAT & AILET. 30/71 selections in NLU. CLAT UP Rank 1 & 2” and “Rank 1 in CLAT & AILET. More than 18 students in top 60 ranks in CLAT. 30 out of 71 students selected in first list”, were not substantiated.

6. Career Launcher: The claimS in the advertisement state, “3 OUT OF 5 TOPPERS IN CLAT 2015 ARE CLSTians, 7 State Toppers & Counting”, were not substantiated.

7. Career Launcher: The advertisement claims, “CLAT CL Nagpur Students Create History! Swarnima Mukharjee AIR 204, Shrinkhala Shikhar AIR 606, Shivani Dixit AIR 561, Darshan Gandhi AIR 1472”.  These claims were not substantiated.

8. Career Launcher: The claim in the advertisement, “10/10 top Ranks in MNLUAT (NLU, Mumbai) are LSTians”,   was not substantiated.

9. Green Valley High School: The claims, “17 Acre Lush Green Campus” and “20 students per class”, were not substantiated.

10. Institute of Finance Banking and Insurance: The advertisement claims, “Become a Senior Officer in a Bank in just 6 Months” is misleading and was not substantiated with support data.  They further claim, “Over 17,500 placed in the I.C.I.C.I bank” and “32,500 Placements since inception in September 2006”, were inadequately substantiated.

11. Koneru Lakshmaiah Education: The claims, “The Leader in Placements”, “K.I.U Awarded Best Engineering Institute in Asia”, “918 Placements in a single day! from a single Campus”,  “KLU created history with 65% Placements on Day One (2014-2015)”,  “K.I.U. University Awarded at National Level- - AAAA+ - Careers 360 - 2nd - Digital Mailer - 5th- Silicon India - 6th- Dainik Bhaskar - 8th - The Pioneer”,  were  not substantiated.     

12. DPSG Dehradun: The claims, “DPSG - The Best CBSE Day Schools of India Now in Dehradun”, “DPS Ghaziabad ranked No.8 in the country”, were  not substantiated. 

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’:

Koneru Lakshmaiah Education Foundation (KL University), KLU University, Aishwarya Educational Trust (Audisankara Group of Institute), ANIHM Institute of Hotel Management, Nalanda Education Society, Academy of Commerce, The Institute of Education and Management, RojgarMahiti Kendra, Sun Infotech and JK Group of Institute.

FOOD & BEVERAGES:

1. Borges India Pvt. Ltd. (Borges Extra Light Olive Oil): The CLAIM of Borges Extra Light Olive Oil “Borges `Extra Light Olive Oil” is false and misleading by omission. 

2. General Mills India Pvt. Ltd (Pillsbury): The claim in the advertisement states, “…Payein bilkul ghar jaisa swaad. Yeh hai desh ki 10 mein se 9 mahilaon ka kehna” for the Pillsbury RavaIndli Mix was not substantiated.

3. Modi Natural Limited (Rizolo Rice Bran Oil): The advertisement of Rozolo Rice Bran Oil claims to be “Suitable for diabetics” as it is rich in MUFA and PUFA and so considered good for diabetics.  They further claim “Cholesterol reduction”, “Cancer protection” and “Skin health”. These claims were not substantiated with clinical evidence.

4. Healthy Heart Foods (Healthy Heart Cooking Oil): The claim in the advertisement “India’s No.1 Brand”, was not substantiated. Also, the accompanying graphical representation in the advertisement referring to the Consumer VOICE survey findings was found to be misleading.

5. Saboo Sodium Chloro Limited (Surya Salt):  The advertisement claims, “Surya salt has right amount of Sodium that helps to take care of your heart and protects from high blood pressure so that you live healthy and for longer period”, is misleading as acceptability of Sodium level for every person will be variable.  Also, the product being low sodium was not substantiated. 

6. TMA Hospitality Services Pvt. Ltd (Ammi’s Biryani): The website advertisement of Ammi’s Biryani shows leg piece of chicken in their biryanis.  According to Ammi’s Biryani, they do not serve chicken leg pieces as a matter of policy. Thus, the advertisement was found to be misleading.
                
7. Sri Sri Ayruveda (Yumlakki Instant Poha Mix): The visual in the advertisement of  “noodles being animated as snakes” with the voiceover “leave poisonous Maida noodles” (“Jeharilee maide waali noodle chhodiye”),  unfairly denigrated entire category of noodles products, distorts facts and is misleading by exaggeration. 

8. Heinz India P. Ltd (Complan): The advertisement claims that Complan has 100% milk protein and comparing it versus other malt based drinks, which is misleading by implication. By choosing this comparison, it bestows an artificial advantage on milk protein based drinks and creates an impression that a better bargain is offered than truly is the case.

9. Pernod Ricard India P. India (Seagram): The advertisement of Seagram states, “More than a few drinks can change the meaning of U-turn”, read in conjunction with the logo of `Seagram’ and statement “Enjoy responsibly”, directly promotes a brand linked to alcohol. 


MEDIA AND ENTERTAINMENT

1. TV 18 Broadcast Ltd (CNBC): The claim in the advertisement by CNBC, “‘No. 1 TV channel in India” was not substantiated and was found to be misleading.

2. Odisha Television Ltd (Tarang): The advertisement of Tarang TV claims of being the No.1 channel was found to be misleading.  The advertisement violates the TAM guidelines and the subject matter of comparison confers an artificial advantage upon the advertiser so as to suggest that a better bargain is offered than is truly the case.

3. Insight  Media  City (India) Private Limited : The advertisement of Insight Media City claims, “Flowers emerges as clear No.2 in general entertainment space” and “Week 2 of launch Flowers continues to strengthen its position as clear No.3”,  were not substantiated and were found to be  misleading.  The subject matter of comparison confers an artificial advantage upon the advertiser so as to suggest that a better bargain is offered than is truly the case.

4. Sarthak TV: The advertisement of Sarthak TV claims higher viewership than other competitor channels. This claim was found to be misleading as is not based on at least 4 weeks of data as per the TAM Guidelines.  This confers an artificial advantage upon the advertiser so as to suggest that a better bargain is offered than is truly the case

5. Prameya News7: The advertisement of Prameya News7 represents the viewership growth which is based on only one week’s data, which violates the TAM guidelines that advises taking a base of least 8 weeks data to arrive at a valid conclusion. The advertisement also violates the TAM guidelines which require that the estimate should be clearly stated.  This confers an artificial advantage upon the advertiser so as to suggest that a better bargain is offered than is truly the case.

6. Sarthak Entertainment Private Ltd (Sarthak TV): The advertisement of Sarthak TV claims that it is the leading channel in the Odisha market, as per weekly GVT data. The super in the advertisement does not indicate that the data is based on at least 4 weeks of data as per the TAM advertising guidelines.

7.   Living Media Ltd (India Today): The advertisement of India Today depicts a graph showing 4 News Channels i.e. INDIA TODAY, TIMES NOW, CNN IBN & NDTV 24*7 and in the graph.  It is displayed that INDIA TODAY is leading the market by holding 33.1 % Market share, followed by Times Now channel with 24.8 %, CNN IBN with 10.5 % and NDTV 24*7 with 10 This advertisement does not show the total market share of 100%. They also claim to be ‘No.1 English News Channel’ without any source data specified in the advertisement. By providing incorrect information for the purposes of substantiating the claim made by India Today, the advertisement is false, misleading, and disparaging to the other news channels.

OTHERS

1. Flipkart Internet Private Limited: The website communication claims the MRP of the product as Rs.799, when actual printed MRP on product is Rs. 399 which is being offered as the discounted price for Canvera. The website communication claims the MRP of the product as Rs. 999, when actual printed MRP on product is Rs. 449 which is being offered as the discounted price for OBS.  This distorts facts and is therefore misleading the consumers as to actual discount being offered.  

2. BSNL: The advertisement of BSNL’s website claims, “.....NOW BSNL AT YOUR DOORSTEP…. Our Sales team will come to your Doorstep to collect documents and provide the connection”, was found false.

3. Flipkart Internet P. Ltd (Xpert Commendo 6 White Black shoe): The website communication claims the MRP of the product as Rs. 1078, when actual printed MRP on product is Rs. 469 which is being offered as the discounted price.

4. Uber: The advertisement by Uber states, “You drink, we drive”, when read in conjunction with the depiction of logos of Bars such as Zara etc. as #UBERAPPROVED PARTNERS, was seen to promote alcohol drinking. 

5. Jasper Infotech P. Ltd. (Snapdeal.com): The advertisement of Snapdeal.com depicts a visual of “a man riding a bike without a helmet” shows an unsafe practice.

6. Honda Motorcycle &Scooter India Pvt. Ltd (Honda Activa): The advertisement claiming schemes of “lowest down payment of 5555” and the “lowest instalment of 999/month”, are misleading by ambiguity and by omission of a disclaimer qualifying the criteria of the individual schemes.

7. JadeBlue: The TVC of JadeBlue shows the visual of “a man riding a bike without a helmet”. Such actions in an advertisement are seen to promote unsafe practices.

8. Casa Grande: The sign off slogan in the advertisement states, “On time every time", which was very similar to the sign off slogan of the earlier run advertisement of another competitor advertiser in the same sector of business so as to suggest plagiarism.

9. Milcent Appliances Pvt Ltd: The advertisement claims, “100% Aluminium (Carcinogenic Cancer Causing Metal) Free”, was misleading by exaggeration. Also, grinding in aluminium grinding chamber resulting in incidence of cancer was not substantiated with supporting evidence. The claim was also considered to be disparaging to “Aluminium” based product categories.

10. Lucknow Gramaudyog Sansthan (Ultra Guide Detergent Powder): The advertisement states, “Auro se ek kadam aage” (“We are one step ahead than others”), the basis of which was not provided. Hence the advertisement was found to be misleading.

11. Chehra Pahachaano: The advertisement by Chehra Pahachaano lure consumers by showing a fraudulent contest. The winner is asked to deposit money so as to register, and they further give false promises of gifting iPads to the winners in return. These advertisements of “ChehraPahachaano” contest are found to be false, misleading and contravene Chapters I.1, I.4 and I.5 (f) of the Code (“Ads inviting public to take part in prize competitions permitted under law or which hold out the prospect of gifts shall state clearly all material conditions as to enable the consumer to obtain a true and fair view of their prospects in such activities….”).

12. Vikrant Happy Homes Pvt. Ltd: The claims, “Fully Furnished”, “Ready-to-live Studio Apartments” and “Rs.18.9 lakhs onwards”, were false and not proven.

13. Poonam Developers: The claims “NO-Stamp Duty, Registration Fee, Service Tax and V.A.T”, were false and misleading by omission.

14. Scoobee Bags: The advertisement visuals depicting children putting their head and hands outside the window while the vehicle is in motion, show a dangerous practice, manifests a disregard for safety and encourages negligence.

15. Vodafone Essar Ltd. (Vodafone): The claim of “uninterrupted voice calls on 3G Network”, was not substantiated.

16.  Krishnapatnam Port Company Ltd. (Krishnapatnam Port KPCT): The advertisement shows a driver racing his sports car on a public road recording lapping times and trying to beat past time records and then shows chasing a helicopter. The depiction of speed manoeuvrability encourages unsafe or reckless driving.  The advertisement also depicts stunts being performed in normal traffic conditions in some frames.  Also, the duration of the supers in the advertisement was not for a minimum of six seconds hold duration on the screen and not present for the scenes depicting the stunts. 

17. Ruia Agro Farm: The advertisement claims, “Stop Eating Cancer Causing Fruits and Vegetables”, is misleading by exaggeration as they are only selling land where organic farming may be carried out. Also the claim in the advertisement “Buy an organic farm today” was considered misleading. In addition, the claim, “India’s First property Recommended by Doctors” shown along with the visual of a doctor, was not adequately substantiated with supporting proof and was misleading by ambiguity. 

18. Aakash Institute: The advertisement shows the visual of “a boy pillion riding a bike without a helmet” which depicts an unsafe practice. 
 

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