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In July 2013, ASCI’s Consumer Complaints Council (CCC) upheld complaints against 177 ads, of a total of 201 complained against. Most of the misleading ads were from the education sector and the promise of 100 per cent job placements was one of the recurring unsubstantiated claims, revealed ASCI. This was followed by health and personal care, where most of the complaints upheld were against ads found to be misleading, or making false or unsubstantiated claims.
Almost 25 per cent of the total complaints were registered through the Online Complaint and Monitoring Service (OCMS), through which consumers are allowed to lodge complaints through the new ASCI website, ASCI Facebook page, e-mail, smartphones, toll free telephone or regular post.
Health and Personal Care
The CCC found the following claims in health and personal care product or service ads of 52 advertisers, released in the press to be either misleading or false or not adequately/scientifically substantiated and hence violating Chapter I of the ASCI Code. Some of the health care products or services ads also contravened provisions of the Drug & Magic Remedies Act. Complaints against the following ads were UPHELD:
| Advertiser | Ad (for) | Claim |
|
Alankar Slimming & Cosmetic Clinic |
Vibes Smart Tight Program |
Instant weight reduction & helps lose 3-4 inches in one session |
|
Glamour World Ayurvedic |
Somi’s Glow Plus |
Re-growth of new hair using glow plus solution in 3 months |
|
Re Touch Hair & Skin Clinic |
Helps to get 100% rid of stones and white spots |
|
| Rajshree Hospital |
Reduced weight won't increase again, get rid of obesity and diabetes and obesity cure for sure |
|
| V Care Clinic | V Care Medspa | Stem Cell Therapy for Acne Pimples |
| Hair Solutions |
Growing natural hair, stop greying & stop hair fall, and Wonder hair cream |
|
| Nivea India |
Nivea Whitening Cell Repair lotion |
repairs your skin by working 40 times harder' while the title says ‘40x more vitamin C’ |
|
Chaturbhuj Pharmaceutical |
B Gap Contraceptives Tablet |
Completely Ayurvedic, hormone free and gives no chance for pregnancy for 6 months |
| L'Oreal India |
Garnier’s Pure Active Neem Face Wash |
Enriched with real Neem and the first ever face wash that removes pimples and marks |
| Aadya Mahalakshmi Herbals | Men Oil & Herbal Capsule for Men |
Abundant vigour, and the visual implies a product for enhancement of sexual pleasure |
|
Kalada Plastic Cosmetic Surgery & Burn Center |
Reduce weight 15 to 20 kg, liposuction of the entire body with the help of new Technique |
|
|
Madras Doctor Piles Clinic |
Cure for Piles, Fistula, Fissure, without surgical operation | |
|
Devi Ayurvedic Pharma |
Neelika eye drops | Effective in all types of eye problems, removes haziness, increases eyesight and helps to get rid of cataract |
|
Rich Feel Trichology Centre |
World's first hair thinning treatment with plant stem cell extracts , reduces hair fall , restores hair regeneration and increases hair growth | |
| Aas Clinic | Successful treatment of epilepsy & successful treatment of baldness | |
| Dr Patel Anti-Aging Clinic | Cure diabetes and other diseases | |
| Parth Hospital | First hospital in India which treats patients of headache and migraine without any painkiller medicine | |
|
Sri Om Ayurvedic Seva Sansthan |
100% successful with treatment for brain disease, heart disease, liver, kidney & stomach disease, stone, obesity, diabetes | |
| Seba Herbal | Cures sex problems like non-performance, premature ejaculation, impotence, small size, nightfall with 100% guaranteed diagnosis | |
| Shreeji Sanjivani | Increases child's intelligence, memory power, grasping power and digestion, enhances the child's immunity power, makes him healthy | |
| Myovatec Surgical Systems | Weight loss, non –surgical/surgical options, comprehensive program, multi-disciplinary, expert medical team | |
|
Aadya Mahalakshmi Herbals |
Aadyas Breast Oil & Capsule |
‘Breast Grow Capsule’, ‘Effect starts in 5 days’, ‘No Side effects’, ‘100% Herbal’ and ‘100% Result’ |
| Zipher Zion Pharmaceuticals |
Royal Gold Capsules |
100 % safe’, and ‘Result in just 9-10 days. |
| AmbicAyurved |
NavPaurush Powder/Capsules |
Gain Weight, build body |
|
Adhunik Homeopathic Chikitsa Kendra |
Treatment for Irregular menstruation in women, Infertility, uterus tumor, swelling (Endometriosis).’ , ‘Complete treatment of Breast Tumor etc.’ , ‘Stones’ , ‘Complete treatment of Blood pressure, thyroid, diabetes, obesity |
|
|
Shree Siyaram Ayurved Mandir |
Successful treatment of Sex Problems | |
| Kangra Herb | The herbs are beneficial for the treatment of last stage cancer, liver failure, kidney failure, Hepatitis, skin psoriasis, arthritis | |
| Sunrise Herbal Clinic | Reduces to 10 kg of weight in just 3 month | |
|
Priya Pharmaceuticals |
Himadri Ayurveda Capsule |
‘Permanent relief from pimples within 7 days.’, ‘Relief within seven days for Gastric trouble, Bleeding, Constipation, pain etc. |
|
Adhi India Advance Hair Restoration Centre |
‘Revolutionary ADHI Technique Originated in India, Adopted Worldwide.’, ’80,500- Satisfied customers across the globe.’ | |
| Great linx Impex |
Praan Herbal Pain Relief |
18X better than Balm |
| Deewal Gramodyog Sansthan |
Deewal Range of Products |
BH+ - World's first hair colour which is free from chemical and allergy , Kimmadhu-Wonderful medicine to rectify sugar level, Keshkalp- Stops hair fall and get rid of baldness |
| Cure Homeo Clinic | Treats and cures patients with Psoriasis | |
| Makewell Pharmaceutical | Japani Tel | ‘If you want to stay happy after marriage, Japani oil.’, ‘Very popular for male's energy/ stamina’ |
| Vasu Pharmaceuticals | Trichup Hair | A name that more than 50k doctors trust |
| Hindustan Unilever | Ponds Age Miracle | ‘Look up to 10 years younger with disclaimer in small print ‘With regular use’ |
| Nivea India |
Nivea for Men Dark Spot Reduction |
10X formula that removes dark spots and gives a spotless face |
| Prabha Hospital | Provides 100% cure for all diseases without performing any surgery | |
| L'Oreal India | Garniers Naturals Hair Colors | Naya Garnier colour natural ab aur bhi behtar, ‘Trust only the No.1’ and disclaimer saying ‘basis urban retail data’ |
| Vini Cosmetics | White Tone Face Powder | TVC shows a woman whose oily and darkish skin and is transformed to a fairer skin tone on using White Tone Face Powder |
| Dabur India | Odomos Range | 100% protection from mosquitoes both in and out of home |
| L’Oreal India | Garnier White Complete Multi Action Fairness Cream | Sirf hum dete hai complete fairness |
| Brad Enterprise |
Brad Eye Glass Remover |
100% ayurvedic, treats cataract without surgery and myopia without glasses |
| The Alankar Slimming & Cosmetic Clinic | Inch & Weight Loss and sure cure for Hair Loss | |
| Force Clinic | Successful treatment of sex related diseases, successful treatment of looseness, premature ejaculation, impotency and low sperm count | |
| HC Group | Increase height | |
| Herbal Icon India | It helps end impotency from its roots’. ‘By applying this on the penis one can increase its shape/ length and thickness | |
| Param Pharmacy | Cure ‘for Tumour in Ovary and Uterus’ ‘It is an accomplishment of Ayurveda’, ‘No need of operation’, ‘Tumour healed by Ayurvedic treatment’, ‘No need of removal of uterus. | |
| Aadhar Herbal | Cures diabetes, Totally stop Allopathy, injection, insulin | |
|
Makewell Pharmaceuticals |
Japani Tel | Depicts women in indecent and vulgar manner and visuals implying a product that enhances ‘potency’, which is a violation of the DMR regulations |
| Shakti Bhog Foods | Brown Marie* | ‘Helps to control blood sugar.’, ‘Visual of Heart shape with claim - Zero % Cholesterol & Trans-fat.’ The CCC concluded that the claims, ‘Helps to control blood sugar’, ‘Visual of Heart shape with claim - Zero % Cholesterol & Trans-fat |
| Tara Health Foods |
Zaitoon Tara edible oil* |
Edible oil prevents cancer, diabetics, acidity, cholesterol, etc |
EducationShakti Bhog Foods advertisement of Brown Marie contravened Chapters I.1 and III.4 of the Code. The print advertisement of Zaitoon Tara edible oil contravened Chapters I.1, I.4 and III.4 of the Code.
The CCC found following claims in print ads by 94 different advertisers were not substantiated violating the ASCI Guidelines for Advertising of Educational Institutions. Complaints against advertisements of the following educational institutes were 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’.
Complaints upheld:
|
ADVERTISER/AD (for) |
|
International Marine |
|
IMS Learning Resources Pvt Ltd |
|
Pacific Education Society |
|
Kaizen Training Institute |
|
Inset Computer Education |
|
Kv Institute Of Management & Information Studies |
|
Achieve Academy |
|
Dolphin School Of Hotel Management |
|
Indian Institute Of Hardware Technology |
|
Amet University |
|
Siddharth Classes |
|
Sri Bhagwati P Memorial & Education Society |
|
SITM (Jodhpur) |
|
S S Education Trust |
|
International Institute of Fashion Designing Academy |
|
Bright Academy |
|
Jagdish Chandra Institute Of Modern Technology And Industrial Studies |
|
Om Cad the Design Studio |
|
EduEdge Coaching Classes |
|
Asian Institute of Film & Media Studies |
|
Career Defense Academy |
|
Chate Group |
|
NIIT Ltd |
|
S S Academy |
|
The George Telegraph Group |
|
National Classes: Paavai Institutions |
|
VSB College of Engineering |
|
Sumangal College of Business Administration |
|
ICA Infotech Pvt. Ltd |
|
Vista Mind |
|
Alchemist |
|
Anm Nursing Training School |
|
Crucible Coaching Preeya Pariwar |
|
NIMS coaching |
|
Appin Technology Labs |
|
Techno Campus Mobile Phone Institute Gujarat |
|
Institute of Hotel Management IHM Meerut |
|
Oriental Group of Hotel Management |
|
Aditya Engineering & Pharmacy College |
|
New Horizons Computer Learning Center |
|
Amrita International Institute of Hotel Management |
|
IIHT Computer Education |
|
Sinhal Classes |
|
National Institute of Event Management |
|
NCFM Training Centre |
|
IANT Computer Education |
|
Apollo Group of College |
|
IES Gate Academy |
|
PT Education & Training Service |
|
Cadd Centre India Private Ltd |
|
JK Shah Classes |
|
XL Education Forum |
|
Alpine Center |
|
KPR School of Business |
|
National Academy of Event Management & Development |
|
International School of Telecom Technology & Management |
|
Career Point |
|
Columbia Group of Institute |
|
Patna Sahib Group of College |
|
Lords Institute of Management |
|
Gloma Group of Institutes |
|
Shanti Design School |
|
Institute Of Business Studies & Research - Institute Of Management Studies |
|
Xplora Design Skool |
|
Royal Education Centre |
|
Millia Educational Trust - Millia Institute Of Technology |
|
Gyaan Computer Education - Tally Champs |
|
Mahajana Tourism Development Institute |
|
Shri Balaji Nursing Home & Health Training Center |
|
Tirumalaa Study Centre |
|
UPCIA Industrial Training Centre |
|
Mehta Institute of Career Training |
|
Chamunda Institute of Hotel Management |
|
Subhas Bose Institute of Hotel Management |
|
Global Group of Institute |
|
CH Charan Singh Polytechnic |
|
Creative Vision Technology |
|
Excel Edu learning |
|
NEITE College of Management |
|
Sri Balaji Education & Charitable Trust - Rajiv Gandhi College of Engineering &Technology |
|
Sir Padampat Singhania University |
|
Manda Institute of Technology |
|
Nalanda Institute of Advance Studies |
|
Kongu Arts & Science College |
|
Calcutta Institute |
|
Marine Engineering Training Institute |
|
Jagriti Institute (Sikar) |
|
Bhanuka Institute of IT Education |
|
GMS Institute |
|
3CM Infotech |
|
Exxon Academy |
Consumer Durables
The CCC concluded that the claims mentioned in the following six advertisements and cited in the complaints below were not substantiated. The advertisements contravened Chapter I. of the Code.
Complaints upheld:
|
Advertiser |
Ad (for) |
Claim |
|
Veon Systems |
Veon Water Purifier |
‘Best Purifier Award from all our 2 Crore Over Whelming Customers’, ‘Veon gives you the country's purest water’, ‘Presenting World's First Seven Stage Fully Automatic’, RO Water Purifier that requires No Periodic Servicing for Just Rs. 5999.’ |
|
ETA General |
General Air Conditioner |
‘Save up to 55% on power hence it can be run like a fan’, ‘eco-friendly’ |
|
Symphony |
Symphony Jumbo |
Has an operating cost of just one or two bulbs |
|
Luminous Electronics |
Luminous Livpure RO Water Purifier |
0% water wastage |
|
Kent Ro System* |
|
Why drink boiled water? Use Kent RO |
*The advertisement of Kent RO System additionally contravened Chapters I.4 and IV.1 (e) of the Code.
Telecom
Complaint Upheld:
|
Advertiser |
Ad (for) |
Claim |
Decision |
|
Tata Teleservices |
3G Data |
Unlimited 3G data for Rs.250 |
Contravened Chapter I.4 of the ASCI Code |
FMCG
Complaints Upheld:
|
Advertiser |
Complaint Cited |
Decision |
|
Hindustan Unilever |
Visual depiction of “a child with ink stained teeth and mouth”, is likely to encourage minors to emulate such acts in a manner which could cause harm to them. |
Contravened Chapter I.4 of the ASCI Code
|
|
ITC Limited |
Shows a dark skinned girl feeling inferior or inadequate and subsequently attracting male attention on being fair and therefore the TVC derides people based on their colour. |
Contravened Chapter III.1 (b) of the Code |
Media
Complaint Upheld:
|
Advertiser |
Ad (for) |
Claim |
Decision |
|
Bennett Coleman & Co. |
E-Samay |
Circulation of over 3 lakhs as of April 2013 in Kolkata’, ‘It retained more than 85% of after changeover from subscription to cover price’, ‘The paper is now the undisputed Number 2 Bengali daily’ |
Contravened Chapters I.1, I.2 and I.4 of the Code |
Auto
Complaint Upheld:
|
Advertiser |
Ad (for) |
Claim |
Decision |
|
Audi India |
Audi Q3 |
At a price down payment of Rs. 6, 00,000 and 84 EMIs of Rs. 38,000 only for ‘on-road price (with registration and insurance)’. The fine print below indicated that ‘this is a bullet scheme’, ‘Offer valid only on June 22 and June 23, 2013’ |
Contravened Chapters I.1 and I.4 of the Code |
|
Maruti Suzuki |
Maruti Swift |
A minor (boy wearing sun glasses) driving the Maruti Swift recklessly, albeit car being not in motion. |
Contravened Clauses (b) and (c) of the Guidelines on Advertisements for Automobile Vehicles |
Food and Beverages
The CCC concluded that the claims mentioned in these three advertisements were not substantiated. The advertisements contravened Chapter I.1 of the Code.
Complaints Upheld:
|
Advertiser |
Ad (for) |
Claim |
|
Hindustan Unilever |
Brooke Bond Red Label |
Healthy tea that improves blood circulation |
|
Adani Wilmar |
Olive Oil |
‘Olive oil has a low smoke point’, ‘olive oil has a characteristic taste that is incompatible with Indian cuisine’, ‘lower calories’, ‘has a balanced fatty acid composition’, ‘comes closest to the ideal ratio of saturated fatty acids that is recommended by WHO’ |
|
Kalyani Solvex |
Nature Pure Ref Rice Bran Oil |
‘Completely reduces cholesterol’ |
|
Saj Food Products* |
Bisk Farm Top Biscuit |
‘A job aspirant (girl) offering to compromise and making advances at the interviewer’ |
|
Euro India Fresh Foods* |
Namkeen |
Depicts women in an indecent manner |
|
Finlandia Vodka** |
|
Alcohol brands or surrogates thereof are not legally permitted to advertise in India. |
|
Rasna *** |
Rasna Nimbu Pani |
‘The product contains artificial sweetener 'aspartame' not recommended for children’. The graphical design of Rasna Fruit Plus Lite – Nimbu Pani was too similar to the mother brand Rasna Fruit Plus |
* The ads for Saj Food Products and Euro India Fresh contravened Chapter II of the Code.
** The advertisement contravened Chapter III.6 of the Code.
*** The product packaging for Rasna Nimbu Pani contravened Chapter III.2 of the Code.
Teleshopping
The CCC concluded that the claims mentioned in the following four advertisements and cited in the complaints below were not substantiated. The advertisements contravened Chapter I of the Code.
|
Advertiser |
Ad (for) |
Claim |
|
WWS Skyshop |
Ayurvedic Roopamrit Fairness Cream/Gel |
A fairness product that is used to brighten up the complexion of dark skinned people in a very short time |
|
TVC Sky Shop |
Quitt |
‘Give up smoking and alcohol’ and is ‘100% herbal’ |
|
AAA Teleshopping |
No Addiction |
can enable an addict to quit drinking/smoking/ drugs/ gutkha |
|
Telemart Teleshopping |
Zero Addiction |
Use our product for 45days daily 2-3grams twice and quit from your bad addiction like smoking, drinking & if u can't get a result return our product in 15 days |
|
JMD Teleshopping |
Madhu Sanjivani* |
Provides 100% cure for Diabetes, ‘Madhisanjeevani ingredient is imported from Africa’ |
|
Sky Star Advertising |
Hair Building Fiber ** |
Visuals make one believe that with the use of the product, one’s baldness is cured |
* The advertisement contravened Chapters I.1 and III.4 of the Code.
** The advertisement contravened Chapters I.1, I.4 and III.4 of the Code.
Real Estate
The CCC concluded that the claims mentioned in the following two advertisements below are not substantiated. They are distorted and have exaggerations that mislead consumers. The advertisements contravened Chapter I of the Code.
Complaints upheld:
|
Advertiser |
Ad (for) |
Claim |
|
Indiabulls Real Estate |
Greens |
‘Phase 1 Completed, 329 apartments delivered’, ‘Phase II Construction 50% complete’, ‘Over 320 happy families moving in’ |
|
Damac Properties |
LLC Akoya |
‘Pay Rs. 1.1 crore and move into a villa on a golf course in Dubai’ |
Others
|
Advertiser |
Ad (for) |
Claim |
|
Apple India* |
iPhone |
‘Offer for upgrade to IPHONE 4 - special student offer’ |
|
Quit Smoking International |
I Quit Smoking |
‘Reduces the craving for nicotine and helps smokers by diminishing their desire to smoke’ |
*Advertisement contravened Chapter I.7 (c) of the Code (Non-fulfilment of advertised promise –whether the advertiser has taken prompt action to make good the deficiency to the consumer).
Complaints Not Upheld (against):
|
ADVERTISER/AD (for) |
|
V-GUARD Industries Ltd: V-GUARD Invertors |
|
Federal Brands Ltd: Live in Jeans |
|
Godrej & Boyce Mfg Company Ltd: Godrej Air Conditioner |
|
Reckitt Benckiser (India) Ltd: Durex Condoms |
|
Swatantra Power Pvt Ltd: Helios Inverter Batteries & Ups |
|
GlaxoSmithKline Consumer Healthcare Ltd: Sensodyne Toothpaste |
|
Mankind Pharma Limited: Manforce Condom Strawberry Flavor |
|
Hyundai Motor India Limited: Hyundai i20: The ghost-buster |
|
Bharat Business Channel Limited: Videocon d2h |
|
Bharti Airtel Ltd |
|
Havells India Ltd: Havells Cable |
|
Info Edge (India) Ltd |
|
123 Sesame Street Preschool |
|
Tomtom India Ltd - Tomtom Via Series |
|
Cadbury (India) Ltd – Bournvita |
|
Star India P. Ltd. - Star Sports |
|
Hindustan Unilever Ltd - Fair & Lovely Cream |
|
Sony India - Sony Xperia Z Smart Phone |
|
Bennett Coleman & Co Ltd - Maharashtra Times – growing premium Marathi daily |
|
Vini Cosmetics Pvt. Ltd – White Tone Face Powder |
|
Archies Perfumes |
|
Lulu Australia |
|
Kohinoor Business School |
|
Dabur India Ltd - Dabur Red Toothpaste. |
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