Campaign India Team
Sep 07, 2012

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

ASCI’s CCC upholds complaints against 25 ads

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.

   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

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.
Source:
Campaign India

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