ASCI upheld complaints against 52 ads in March 2013

ASCI upheldcomplaints against 52of 84 ads: Healthcare Category leads with complaints upheld against 23 ads

In March 2013, ASCI’s Consumer Complaints Council (CCC) upheldcomplaints against 52 ads. Healthcare, Education and Personal Care were the main categories that continued to make misleading claims and come under the scanner of the CCC.

HEALTH &PERSONAL CARE

• The CCC found following claims in Health & Personal Care products or services ads released in Newspapersto be either misleading or false or not adequately/scientifically substantiated and hence violated the Chapter I of the ASCI code.Some of the Health Care product or services ads also contravened the provisions of the Drug & Magic Remedies Act. Complaints against the following adstherefore wereUPHELD -
1. DaburIndia Ltd. Fem Anti Darkening Hair Removal Creamin their TVC claimed “The 1st ever Hair Removal Cream that doesn’t cause skin darkening”
2. Procter & Gamble Hygiene & Health Care Ltd. – Pantene Pro-V Hair Fall Control claimed that it makes your hair damage-free in just 14 days
3. Hindustan Unilever Ltd Pond’s white beautyclaimed to have a cream which stated, “Once your spots disappear, they won’t come back, even if they want to”
4. Johnson & Johnson Ltd. Johnson’s Baby Lotion claimed that it has ‘moisture restore formula’ that helps in development of baby skin’
5. Dr. Monga Clinicclaimed that they help in increasing height and stopping hair fall and getting bald
6. Hygienic Research Institute Pvt Ltd. Walnut oil in Streax claimed that it penetrates deep into each hair shaft and nourishes it from within
7. Vaarid Herbal Face Pack claimed to cure wrinkles, brown spots, dark circles
8. SBS BiotechKesh King Hair Oil claimed that “8 Crore Indians trust the brand”
9. Soliel InternationalBt-36 Breast Toner Capsules/Cream claimed Bt-36 Breast Toner Capsules/Cream is 100% Ayurvedic”
10. ShriHari Health Care claimed that it cured various ailments
11. OPTM Health Careclaimed that it drives away your pain, without any oral medication
12. Apex Hospital Cancer Institute claimed “Most successful treatment of Cancer in any part of the body with the help of Radiotherapy, linear accelerator, high dose brachytherapy, cancer surgery”
13. ClinTech Medical & Aesthetic Center claimed freedom from Piles forever with no invasive procedure, no hospitalization, no cuts, no scars
14. Ag Herbs (Singapore) Pte Ltd. claimed “Removing varicose vein without any surgery. Remove back pain permanently. Remove knee pain permanently. No steroids, no injections, no surgery”
15. Ayush Homeopathy claimed complete solution for white spots
16. Jolly Pharma Range of Products claimed that the products are manufactured from rare and valuable Himalayan herbs and roots. Jolly Red Gold reaches deep into the skin and enhances the joint fluid found in the joints and prevents accumulation of uric acid. It strengthens weaker tissues that support bone joints. Swelling and pains are gone completely after its use. Jolly Red Gold provides total relief in 10-15 days without any side effects.
17. Sino-Vedic Cancer Clinic claimed that their formulations are unique herbal remedies that fight cancer at every step
18. Zydus Wellness Ltd. ZydusArogya Range Of Products Musli Vital, claimed for powerful and energetic sex
19. Doctor House – Jodhpur RashtriyaNashaMuktiKendra claimed to relieve you from drug and smoking in just one day guaranteed
20. Dr. Shah Advance Homeopathy claimed to be India’s most trusted Homeopathy brand
21. Nutrayu Healthcare Pvt Ltd. Men Club Capsulesadimplies that the capsules for men are sexual pleasure enhancing benefit
22. Baldev Industries/Yogi Herbal Skin Cleanser Anti Marks claimed to reduce dark circles and scars in just seven days
23. Stosswelle Healthcare Pvt Ltd. claimed “First time in India”, “With extracorporeal shockwave therapy the non-healing diabetic wounds and gangrene could be treated without performing any surgery”
24. Kalpadroom Foods Pvt Ltd. Makalu Himalayan Organic Green claims to fight diseases like cancer, high blood pressure, cholesterol, diabetes, obesity.
25. MaruthuaPharma–MaruthwaPanchajeerakaGudam claimed to give a graceful and perfect body within 3 months of its usage and the effects could be seen with consumption of just one bottle of MaruthwaPanchajeerakaGudam
26. PailanGroup POTO Potato Flakes claimed to be “100% sugar free and fat free. Certified by doctors,100 % safe for diabetics”
27. Magnum IntergrafiksPvt Ltd. Ulset an ointment claimed “Good bye to Ulcers”
28. Suvidha Advertisers claimed Successful conception based on research and assured pregnancy within 5 months of the course
29. Novoston Plus Syrupclaimed to get rid of kidney stones in just a nine day course
30. Nagavalli Herbal ProductsMadhu-Maaya Powder claimed Diabetes controlling medicine & no side effects
31. Rvita Ayurveda Centre claimed “Diabetic Neuropathy problems can be cured through Arvita’s treatment within 28 days”; “Your blood sugar can be controlled within three months by natural treatment”

EDUCATION

• The CCC found following claims in print ads by 14 differentadvertisers were not substantiated violating the ASCI Guidelines for Advertising of Educational Institutions and hence the complaints against the ads wereUPHELD -
1. Zaptechclaimed that it provides 100% jobguarantee
2. Prolific Systems claimed100% jobguarantee, golden opportunity for 10th, 12th and ITI students, become an engineer (PCEE) and start earning after 4 months
3. Jawed Habib Hair Academy India’s No. 1 Hair Academy, 100% job Placement
4. SCIT Institute of IT & Management claimed 10th 12th Direct Exam 100% passing guarantee with university recognized college degree
5. Garima Career Foundation claimed that it provides 100% jobguarantee
6. Mazenet Solution Pvt Ltd claimed “100% placement guaranteed“. “Walk in as jobseeker and come out with guaranteed job”
7. Treehouse Education & Access Pvt Ltd. claimedthat it is India’s largest self-operated pre-school chain as per CRISIL Research Industry Report, December 2010
8. Univ Institute claimed a sure job for you with full time study, India’s best since 1996 – International Quality Certified Institute
9. BS AbdurRahmanUniversity claimed 100% placement, multiple offers and foreign placements
10. Deshabhimani Anglo American claimed that it provides 100% job guarantee
11. Institute Of Banking Personnel Selection Training claimed that it provides 100% jobplacement
12. Sethu School of Banking claimed that it provides job in Central Government after clearing 10th standard
13. Montfort Group of Instituteclaimed that it provides 100% jobguarantee
14. Ammu Digital Film Academy claimed that it gives guaranteed jobs in the fields of Direction, Editing, Cinematography, Sound Engineering, Acting and Script Writing”

MEDIA

1. The Economic Times: ET Now in their print ad claimed that ‘’ET Now is the undisputed leader on the budget date, only our competitor will say it was a bad budget.” They have quoted ET Now has 64% of the market share and CNBC TV18 has 36% of the market share.The CCC noted the contents of the ad and concluded that the market share claimed by the advertiser was notadequately substantiated. The advertisement contravened Chapter I.1 of the Code; therefore, the complaint was UPHELD.

AUTOMOBILE

1. Honda Siel Power Products Ltd. In the Honda Brio TVC, the company had not mentioned anywherethat the features showed in the vehicles are not the part of the standard package. The CCC viewed the TVC and concluded that the features of the car portrayed in the ad were of the top variant and werelikely to mislead consumers into believing it was the standard package. The ad contravened Ch.1.4 of the Code and the complaint was UPHELD.
FMCG

• The CCC found following claims in print ads by 3 differentadvertisers as either misleading or false or unsubstantiated and hence the complaints against the adswereUPHELD for violating Chapter I of the ASCI code-
1. Hindustan Unilever Ltd.Brooke Bondshows tea as a replacement of exercise
2. Agro Tech Foods Ltd. Sundrop Heart Oil claimed that, “Sundrop Heart reduces cholesterol and increases life”
3. SRBH TechnologyRaashiChakki Fresh Atta claimed that “RaashiChakki Fresh Atta is Purer than flour made at home”

CONSUMER DURABLES –

1. Eureka Forbes Ltd. – Eureka Forbes Ltd in their print advertisement claimed “Every morning, over 10 million mothers trust only Aquaguard–PaaniKa Doctor.” The complaint against “Aquaguard Enhance- Green RO that saves upto 30% water” was NOT UPHELD as the advertisers were able to substantiate it with necessary scientific data. Whilst, the complaint against “Every morning, over 10 million mothers trust only Aquaguard–PaaniKa Doctor” was UPHELD. The advertisement contravened Chapter I.1 & 1.4 of the Code.
2. Panasonic Blue Water Purifiers in their print ad claimed “Turns water into a blessing- SwasthaayaBhav- Alkaline Water for Healthy Life”. The advertisers were not able to substantiate the claim with necessary data and inputs. The ad contravened Chapter I.1 of the Code. The complaint against the ad was UPHELD.

During the month of March, the CCC also received complaints against 32 other advertisements. The complaints were received against the advertisements of Aditya Birla Management Corporation Pvt Ltd-Idea 3 G, Akzo Nobel India Ltd – Dulux Guardian paint, Applect Learning Systems Pvt. Ltd – Meritnation.com, Cadbury (India) Ltd – Perk Glucose, Carrier Midea India Pvt Ltd – Midea Air Conditioners, Coca-Cola India Pvt Ltd – Maaza, Eureka Forbes Ltd. – Eureka Forbes Ltd, Ferrero India Pvt Ltd – Kinder joy Surprise, GlaxoSmithKline Consumer Healthcare Ltd – Paradontax Toothpaste, GlaxoSmithKline Consumer Healthcare Ltd – Horlicks, GlaxoSmithKline Consumer Healthcare Ltd – ENO, Hindustan Unilever Ltd – Dove Elixir Hair Oil, Hindware– Hindware Italian Collection, KLF Nirmal Industries Pvt Ltd – KLF Coconad Oil, LalithaJewelery Mart Private Limited, Mahindra & Mahindra Ltd – Mahindra Quanto, Marico Ltd – Parachute Body lotion, Mother Dairy Fruit & Vegetable Pvt. Ltd – Mother Dairy Milk, My Dream Job, Naaptol.com – Ultra Slim Body Shaping Garment, Nitta Gelatin India Limited, Parle Products Pvt Ltd – Parle Londonderry, Perfetti Van Melle India Pvt Ltd – Center Fruit Chewing Gum, Procter & Gamble Home Products Ltd – Tide washing powder, Procter & Gamble Hygiene & Health Care Ltd – AmbiPur Home Perfume, Reckitt Benckiser (India) Ltd – Lizol Floor Cleaners, Redren Energy Pvt. Ltd,RichFeel Health & Beauty Pvt. Ltd – RichFeelAnagrow, Sourcepage Learning, State Bank of India, Timex Group India Limited – Helix Timex watches, V-Guard Industries Ltd – V-Guard Inventor. However, as these advertisements did not contravene ASCI’s codes or guidelines, the complaints were NOT UPHELD.

About Advertising Standard Council of India (ASCI) -
Advertising Standard Council of India is a voluntary organization self regulating advertising content for the advertising industry. The Role and Functioning of the ASCI & its Consumer Complaints Council (CCC) is in dealing with Complaints received from Consumers and Industry, against Advertisements which are considered as False, Misleading, Indecent, Illegal, leading to Unsafe practices, or Unfair to competition, and consequently in contravention of the ASCI Code for Self-Regulation in Advertising.

The Advertising Standards Council of India
Alan Collaco – Secretary General, ASCI 9324091072/23513982