ASCI’s CCC upholds complaints against 25 ads

In June 2012, out of 38 ads against which complaints were lodged, CCC upheld those against 25

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During June 2012, the Consumer Complaints Council (CCC) of ASCI received complaints on 38 advertisements, of which it upheld those against 25. It found that complaints against 13 advertisements were not substantiated while the decision on one ad was kept pending. Most ads for which complaints were upheld were from the education, healthcare, FMCG and F&B sectors, ads that are being tracked on television and newspapers nationally by the recently launched National Advertising Monitoring Service (NAMS).

ADVERTISER	AD	COMPLAINANT CITED	RULING	CCC:
Career Launcher	Career Launcher’s Powerful Prep Program	Claims of “DU BBS/BFIA: 212 calls, AIR 3”, “HM: 100% Success of CL students in JEE”, “CLAT: 18/Top 20 and 79/Top 100 Ranks”, “NLU Delhi: 54/70 Seats”, “NLU Orissa: 73/124 selections”	UPHELD	Claims not substantiated; contravenes Chapter I.1 of the ASCI Code for Self Regulation
T. I. M. E.	T. I. M. E. BBS/BCA/HM /LAW	Claim of “Largest number of full time faculty members”	UPHELD	No validation by an independent agency. Claim not substantiated; contravenes Chapter I.1 of Code
Institute of Apparel Management	Institute of Apparel Management PRINT	Claim of “Past placement in Best-in-Class Companies & 100% placement assurance” were not substantiated with the list of companies where their students were placed nor did they provide details of students to prove 100% placement.	UPHELD	Claim not substantiated; contravenes Clause 3 of the ASCI Guidelines for Advertising of Educational Institutions and Programs
NIPS School of Hotel Management	NIPS School of Hotel Management PRINT	Claim of “No. 1 Hotel Management Institute in Eastern India Competition Success Review 2012; it holds the Best Global Placement Record; Top Hotel Management Institute in India- by CSR 2012; it has won a place in 4 Limca, Asia & India Book of Records; it is Kolkata's Best Hotel Management College 2012- Brands Academy by 2011, 2012; it has won Worldwide Hospitality Award- Paris, France and it has a 5 Star Campus" PRINT	NOT UPHELD	The CCC concluded that “It is the No.1 Hotel Management Institute in Eastern India” as listed by the Competition Success Review magazine is true.
NIPS School of Hotel Management	NIPS School of Hotel Management PRINT		UPHELD	The claim that it is the “Best Global Placement Institute” is misleading as the Institute only received Best Placement Award. The advertisement contravened Chapter I.4 of the Code. The Award of a certificate in the category Best Training Programme was given in 2003 and hence cannot be used in today’s context. The advertisement was misleading and contravened Chapter I.4 of the Code.
Nalanda Institute of Advanced Studies	Nalanda Institute of Advanced Studies PRINT	Claims of “it offers Training & Placement in India & Abroad”, “it has the Highest Campus Recruitments”, “Special Certification from UNIVERSITY OF CAMBRIDGE, State of the Art Campus” and “100% Job Guarantee”	UPHELD	Absence of substantiation of the claims made in the advertisement; Contravened Clause 3 of the ASCI’s Guidelines for Advertising of Educational Institutions and Programs
Lovely Professional University	Lovely Professional University TVC	Claim of “India’s largest university” in terms of on campus students	UPHELD	Unsubstantiated adequately; Contravened Clause 4 b) of the ASCI Guidelines for Advertising of Educational Institutions and Programs.
Leonardo Olive Pomace Oil	Leonardo Olive Pomace Oil PRINT	Claims of “Fights cholesterol & heart disease”, “Lowers blood pressure”, “Controls and prevents diabetes” and “Fights cancer”. Pomace Olive Oil is produced by solvent extraction and has Polycyclic aromatic hydrocarbons (PAHs) which is both mutagenic and carcinogenic. This is contradictory to the claim made for Olive Pomace oil in fighting cancer. Additionally, the health benefits of olive oil are from Extra virgin olive oil due to its antioxidant content, which is not present in Pomace Olive oil.	UPHELD	Claims unsubstantiated; Contravened Chapter I.1 of the Code
Kwality Walls Selection	Kwality Walls Strawberry and Cheesecake ADVERTORIAL	Clear mention of the Kwality Walls Strawberry and Cheesecake as being an ice cream, when in reality it is a frozen dessert.	UPHELD	The mention of "Kwality Walls as an ice cream”, is misleading. Contravened Chapter I.4 of the Code
Amul Ice cream	Amul Ice cream Leaflet	The communication in the leaflet shows a “Kwality Walls” cup to depict Frozen Desserts as the words “feel it say it” can clearly be noticed from the picture of the cup on the leaflet. The communication tantamounts to generic disparagement of the Frozen Dessert as a category in general and Kwality Walls Frozen Dessert in particular. The communication further tries to pass off ice creams as a complete food which is easy to digest and full of energy. It is categorically stated no food can be termed a complete food, much less an ice cream.	NOT UPHELD	The contents of the advertisement and checked the advertiser’s response and concluded that the advertisement did not denigrate the Complainant’s product
Amul Ice cream	Amul Ice cream Leaflet		UPHELD	The portrayal of ice cream as a “complete food” was misleading and contravened Chapter I.4 of the Code.
Cadbury Chocolates	Cadbury Chocolates TVC	The TVC shows “a group of boys and girls (apparently senior students) ragging two junior boys”. This is in very bad taste. It is illegal to show and encourage ragging in any form. The advertisement is clearly in breach of the Maharashtra Prohibition of Ragging Act, 1999 as it directly / indirectly propagates ragging.	UPHELD	In breach of the law and contravened Chapter III.4 of the Code
Lotus Mustard Oil	Lotus Mustard Oil TVC	Claims of “has natural flavour with omega 3 & 6”, “reduces cholesterol”	UPHELD	Absence of scientific evidence; Contravened Chapter I.1 of the Code
TV 24 Shopee India	Dr. Tea TVC	Claims of “Increases the metabolism. It destroys the stubborn fat groups, breaks down fat and makes it burn”, “It strengthens the Immune system. Melts body fat boosts energy and clears skin, giving your face a clear, radiant glow”. “It makes the skin firm, smooth and delicate with a variety of nutrients and vitamins”	UPHELD	Absence of clinical information; Contravened Chapter I.1 of the Code
Om Healthcare Centre	Om Healthcare Centre’s Good Health PRINT	Claims of “use of the product will result in relief from joint pains and piles in 7days”, “Underweight persons become healthy in 30 days” , “ treatment for Diabetes with results in 30 days”, and “successful treatment through natural medicines”.	UPHELD	Claims were not substantiated, and the advertisement contravened The Drugs & Magic Remedies Act; Contravened Chapters I.1 and III.4 of the ASCI Code
Perma Healthcare	Perma Healthcare’s Seatone PRINT	Claims that "GLME is made from pure extract of New Zealand Green Lipped Mussel. According to a marine scientist "GLME is a marine natural product that contains components such as anti-inflammatory agents, immune modulators and many essential building blocks, helps to maintain joint mobility". Over 30 years of research combined with the experience of arthritis sufferers worldwide has indicated a success rate of about 75% in most arthritis conditions and aids joint health by inhibiting the deterioration of cartilage, aids joint mobility by improving joint lubrication, Inhibits inflammation and swelling, is gastro- protective (stomach friendly), enhances natural vitality, and reduces injury damage for athletes."	UPHELD	Contravened The Drugs & Magic Remedies Act and Chapter III.4 of the ASCI Code
Natural Medicine	Natural Medicine PRINT	Claims of "sure cure for Diabetes (Sugar), Renal Problems (Kidney), Obesity (Over Weight) and Psychological Problems"	UPHELD	Unsubstantiated; Contravened Chapter I.1 of the Code
Dainik Bhaskar	Dainik Bhaskar OOH	The print advertisement on the hoarding claims that Dainik Bhaskar “is 3 times of Dainik Jagran” and quoted false circulation figures both for themselves and for Dainik Jagran and also did not mention any source in their advertisement. Dainik Bhaskar has claimed that their circulation is 26566 and Dainik Jagran circulation is 7800.	UPHELD	The claim, “Dainik Bhaskar is 3 times of Dainik Jagran”, was made on the basis of MIS [WHAT IS MIS?] figures and not on the basis of Average Issue Readership (AIR), which was considered misleading. The advertisement contravened Chapter I.4 of the Code.
Sesa Hair Oil	Sesa Hair Oil	Claims of “Sesa Hair Oil is 5 times MORE (??) effective”, “Sesa Oil/ Shampoo/ Capsule contains 18 herbs, 5 nutritious oils and milk extracts that helps in overcoming hair problems such as: hair fall, low volume hair, weak hair, dandruff, dryness and rough hair”	UPHELD	Unsubstantiated adequately; Contravened Chapter I.1 of the Code
Slim Life	Slim Life PRINT	Claims that “weight loss of up to 5 KGs in 1 month, naturally”, “It offers 100% natural meal replacement”, “24 [24 WHAT??} essential, it is Clinically proven and it helps you stay hunger-free up to 6 hours”.	UPHELD	Claims mentioned in the advertisement and cited in the complaint, were not substantiated. The advertisement contravened Chapter I.1 of the Code.
Kirloskar Proprietary	Kirloskar Proprietary TVC	The film shows “some engineers and builders standing on a hill from where a lake is visible in the background. The only thing which stands in the way of their dream development project is the lake and predictably, one of the builders hits upon the million dollar idea – hire Kirloskar to relocate the lake”. The complaint states that this advertisement actually encourages builders and promoters to tamper with the environment whenever environmental concerns stand in the way of lucrative real estate projects.	UPHELD	The CCC concluded that the desire to implement suggestion to relocate the lake would tamper with the environment, which is likely to cause grave or widespread offence. The advertisement contravened Chapter II of the Code.
Parachute Advansed	Parachute Advansed Coconut Hair Oil PRINT	Claims that, “I have the World’s Best Hair and so do you”, “International hair research has found that Parachute Advansed users have the World’s Best Hair”	UPHELD	The technical data and concluded that the claim that its users have the “World’s Best Hair”, is misleading. The advertisement contravened Chapter I.4 of the Code.
Luminous	Luminous Battery/Inverter TVC	Claims that “Luminous Batteries give more backup when compared with other batteries”. The advertiser needs to provide proof in substantiation of this claim with comparative and other necessary data.	UPHELD	The claims mentioned in the advertisement and cited in the complaint, were not substantiated. The advertisement contravened Chapter I.1 of the Code.
Leads Bariatrics	Leads Bariatrics TVC	Claims “to give a scar less weight loss surgery”.	UPHELD	Misleading clain; contravened Chapter I.4 of the Code
Pure Roots	Pure Roots Gold Cream Bleach TVC	Claims that Pure Roots Gold Cream Bleach has pure gold added in it. It also claims to remove dead cells and opens pores and gives instant glow in just ten minutes.	UPHELD	Unsubstantiated claims; Contravened Chapter I.1 of the Code.
Third Eye of Nirmal Baba	Third Eye of Nirmal Baba TVC	The TVC of “Third Eye of Nirmal Baba” is not suitable for public exhibition and it encourages superstition and blind belief among common people.	UPHELD	The TVC is likely to encourage superstition as well as it is likely to lead to grave or widespread disappointment in the minds of the consumers. The advertisement contravened Chapter I.5 of the Code.
Videocon	Videocon Air Conditioner PRINT	Claims that “Your daily dose of good health from Videocon air conditioners”, “Vita Air technology releases Vitamin C into the air”, “Vitamin C filter boosts immunity”, “Ionizer improves room freshness”, “Anti-bacterial filter eliminates bacteria and filters dust particles”, “Auto clean prevents bacteria formation”, “Gold Fin Evaporator prevents formation of bacteria, fungus and bad odour”.	UPHELD	Unsubstantiated claims; Contravened Chapter I.1 of the Code.
Smart Prep Education	Smart Prep’s Guidance & Expert Training	Claims that its faculty has “delivered 5 out of top 10 Ranks and 46 out of top 100 ranks in BBS’11”.	KEPT PENDING	The CCC considered the data submitted by the advertiser. The claim can be considered substantiated subject to a spot check by the ASCI Secretariat.

During the month of June, the CCC also received complaints against two print advertisement and 10 television commercials. The complaints were received against the advertisemenst of “Smart Prep Education Pvt Ltd.’s Unique Training System’’, “Kamal Toordal”,“ Uninor”, “Airtel”,“ Indica 10 minutes Herbal Hair Colour”, “Fiat Punto Sport”, “Ayur Sunscreen Lotion”, “Nasivion ”, “Fiama Di Wills’s bathing bar ”, “Sanofi Seacod ”, “New Extra Strong Axe” and “Mahindra Duro 125 DZ”. However, as these advertisements did not contravene ASCI’s codes or guidelines, the complaints were not upheld.

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