COMPLAINTS SOAR: ASCI upholds complaints against 43 out of 50 ads

Consumers have always been subjected to tall claims by brands. The advertising campaigns always highlights their product as the most effective and the most used one. Tall claims such as “India’s best”, “market leader globally”, “permanent solutions to your problems” and so and so forth are made almost every day by every brand. The claims are made but no substantial proof is provided to validate such claims. Moreover often the survey provided is biased and warped in perspective. We are so used to such claims made on a daily basis that consumers have considered it to be a trivia and laugh about it ignoring the violation almost on a daily basis. Not anymore! THANKS TO ‘NAMS’.

National Advertising Monitoring Service (NAMS) has been extremely proficient in its task of monitoring such misleading claims by advertisers in various sectors. Due to this the number of complaints has soared and so do the number of complaints that has been upheld. In December 2012, the Consumer Complaints Council (CCC) of ASCI upheld complaints against 43 out of 50 advertisements which included advertisement from different sectors such as home and personal care, healthcare, surrogate, consumer durables, food and beverage, real estate and education. The complaints were against big brands such as Hindustan Unilever's New Rin, New Clear anti-dandruff shampoo, Comfort Fabric Conditioner, Nurture health care's Hairten hair oil, Ego Wellness for stem cell treatment ad, Asian Institute of Infertility Management, Pernod Ricard India, Luminous Water Technologies, Natraj Atta Chakki, Vivekanand Classes and Aircel among others.

The decision of the Consumer Complaints Council (CCC) on some brands was as follows. Hindustan Unilever Limited’s New Rin TVC claimed “New Rin is the only detergent powder in India which gives freedom from yellowness and gives shining whiteness”. The Fast Track Consumer Council considered the technical data provided by the advertiser and the complainant.  The FTCC concluded that the use of “patented technology” does not mean that the same benefit of “giving freedom from yellowness” cannot be claimed by using any other technology.  The advertiser provided data of products removing yellowness in various degrees of efficacy.  Hence the claim of being the only product to remove yellowness was not substantiated. The claim, “New Rin is the only detergent powder in India which gives freedom from yellowness and gives shining whiteness”, is false and misleading as it is not the only detergent to do so.  The CCC considered the additional data provided by the advertiser including a statement of the market share of the detergents and concluded that the earlier decision of the FTCC stands. The complaint was UPHELD. The advertiser has however asked for a review on the decision.

Hindustan Unilever Limited’s New Clear anti-dandruff shampoo’s TVC claims, it “Is the best anti-dandruff shampoo in the country”, with a super “Based on clinical studies, microkill& ZOI data”. The FTCC examined the technical substantiations of both the advertiser and the complainant with respect to clinical studies like BoSS (Bio-availability on stimulated scalp), ZOI (Zone of Inhibition) data, etc, and concluded that the claim of New Clear being the “best anti-dandruff shampoo in the country” is false and misleading. The CCC considered the additional data provided by the advertiser and concluded that the earlier decision of the FTCC stands. The complaint was UPHELD.

Hindustan Unilever Limited’s Comfort Fabric Conditioner’s website claims that it is “India’s no.1 fabric conditioner brand, also market leader globally”. There are no disclaimers / footnotes describing the source of these claims. Downy is the No.1 fabric conditioner in the world and HUL’s claim on its website is clearly false and misleading the Indian consumers. The CCC concluded that the claim, “India’s no.1 fabric conditioner brand, also market leader globally”, was not substantiated. The complaint was UPHELD.

Dabur India Ltd’s Oxy Life Bleach’s TVC claims that Dabur Oxy Life Bleach “gives natural fairness / natural glow”, “No ammonia”.  The CCC concluded that the claims, “Gives natural fairness”, “No ammonia”, were not adequately substantiated.  The product generates ammonia when the two ingredients in the pack are mixed so the complaint was UPHELD.

Rediscover - Laser, Skin, Slimming & Ayurvedic Clinic claims in its print advertisement, “On-spot reduction LYPO-R helps lose upto 5-8 cms from one area in 60 minutes (Non-Surgical)”,  “Lose upto 35-50 cm from abdomen, hips & thighs etc + 5 kgs in 7 days”,  “Laser for permanent hair reduction.  US FDA approved done under medical supervision”,   “Double chin removal through LYPO-R/ MESOTHERAPY in 15 minutes only (done by experts)”. Similarly Ego Wellness Pvt Ltd, Dr Jain’s Zero Figure Clinic made tall claims of reducing excess fat upto 25% and stem cell treatment in 6 weeks. In all the three cases the CCC concluded that the claims made were not substantiated by scientific data and therefore the complaint was UPHELD.

Aircel Ltd’s TVC shows college students secretly filming a young woman in a library when she removes her upper coat (as she feels the place is quite sticky, hot and humid), whilst this is being watched by a fellow student”. The CCC viewed the TVC and concluded that “the college students secretly filming a young lady” displays a voyeuristic attitude as well as infringes on privacy. This is likely, in the light of generally prevailing standards of propriety, to cause grave or widespread offence. The advertisement contravened Chapter II of the Code.   The complaint was UPHELD.

The advertisement of Step Up and its claim is under judgment in the High Court of Bombay. Hence there was no decision taken on this complaint by the CCC.

During the month of December, the CCC also received complaints against 6 advertisements. The complaints were received against the advertisements of CeatLtd’s ‘CeatTyres’, Skin Alive’s ‘Forever Young’, Kovai Medical Center and Hospital’s ‘Effective Treatment for Thyroid Disorders & Cancer’, Gillette India LTD’s ‘Oral-B  Cross  Action  Pro-Health  toothbrush’, Clinic Dermatech’s ‘Beauty Solutions for Skin Problems’, Procter & Gamble Home Products Ltd’s ‘Pantene  Pro-V  shampoo’. However, as these advertisements did not contravene ASCI’s codes or guidelines, the complaints were NOT UPHELD.