Campaign India Team
Oct 08, 2013

ASCI upholds complaints against 177 ads in July ’13

25 pc of 201 complaints received online; most misleading ads in education, ‘100 per cent job placement’ a recurring unsubstantiated claim

ASCI upholds complaints against 177 ads in July ’13

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.

Source:
Campaign India