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Advertising with a Conscience

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ASCI Recommendations
 

COMPANY: "L’Oreal India Limited"
PRODUCT: "New Garnier White Complete Double Action Facewash"

COMPLAINT:

"The TVC dialogues are as follows: You think only cream can give you physical fairness? Think again Garnier White Complete Double Action Facewash, enriched with lemon extract and white clay, in a unique double texture formula. This fights dark spots and gives instant whitening. Now fairness starts with a wash! Pack Claim on the Product states that with every wash, the consumer would get “one tone fairer skin” Pack Claim on the Product states that upon the usage of the Product, “Dark Spots are reduced” "

NATURE OF COMPLAINT:

"It is clear from the scheme of the above claims that the claim being made in the TVC is with respect to “fairness” and not merely a fairer look. Therefore, the product should be able to deliver physiological change in the skin and deliver fairness. To therefore sustain such a claim, it needs to be demonstrated by the Advertiser through strong clinical evidence that the Product delivers a physiological change in the skin tone, delivering instant whitening / fairness. Such benefit needs to be demonstrated through clinical evidence, as the claim is not about the benefit of a fair look, but fairer skin itself. In the absence of specific clinical data in this regard, the claim is untenable. It is extremely important to note that the Pack Claim on the Product states that with every wash, the consumer would get “one tone fairer skin”. It implies that (a) the Product can actually provide fairness, and (b) with every wash of the Product, the consumer would keep getting 1 tone fairer skin, continuously. With a wash-off product format, to substantiate such a claim, the Advertiser would have to show, through clinical evidence, that the Product delivers one tone fairer skin, and that it keep getting one tone fairer with every wash. The advertiser also claims that the Product fights spots. It needs to be considered that this Product is a wash-off product, and in application, has very limited contact time with the skin. In such brief contact time, it is highly improbable that the Product would deliver on the benefit of spot reduction. To make such a tall claim with respect to the Product, it needs to be shown through clinical evidence that the product, in spite of its short contact time with the skin due to the nature of the application, reduces spots. It is also important to note that the Pack Claim on the Product states that upon the usage of the Product, “Dark Spots are reduced”. It is therefore imperative for the Advertiser to show, through clinical evidence, that the Product reduces spots, in spite of being a wash-off product. In the absence of such data, the claim is untenable "

RECOMMENDATION: UPHELD

"The advertiser representatives were given personal hearing by ASCI with the technical expert. Advertiser confirmed that they wish to seek a review of claims taken up in the earlier decision except for the claim – “helps reduce dark spots”. The claim support data was reviewed by the technical expert of ASCI. The CCC viewed the product packaging and the TVC, and considered the Advertiser’s response for Review as well as opinion of the Technical expert presented at the meeting. The CCC noted that the specific claim related to one tone fairer effect, this perception of “one tone” was based on shade cards that were used in the consumer perception study as submitted in the first response to the complaint. Advertiser was asked to provide clinical evidence to show that the “whitening” is physiological and not just by virtue of removal dirt by cleansing. The additional data now describes machine based measurements of skin tone and brightness using a chromameter. The study indicates increase in skin luminance. However how this translates into “number of shades / tones” was not provided in the support data. The CCC concluded that Pack claims, “instant whitening”, “Gives 1 tone fairer looking skin in one wash” were not substantiated. The TVC claim, “You think only cream can give you visible fairness? Think again …. This fights dark spots and gives instant whitening”, was misleading by implication. The product packaging and the TVC contravened Chapters I.1 and I.4 of the ASCI Code. The decision of complaint being Upheld stands on Review."

 

COMPANY: "Vodafone India Ltd "
PRODUCT: Vodafone 4G

COMPLAINT:

“The World’s Largest 4G Network”

NATURE OF COMPLAINT:

"Complaint no.1 Vodafone is claiming to be the Largest 4G Internet Service Provider in the WORLD. This Article - ""http://m.timesofindia.com/tech/technews/China-Mobile-builds-worlds-largest- 4Gnetwork/articleshow/50283719.cms"", dated 22-12-2015 is reporting CHINA MOBILE to be the largest. Please find the link of the ad Video link - ""https://www.youtube.com/user/vodafoneipl"" Website link - ""http://www.vodafone.in/discover/mobile-internet/supernet"" Complaint no.2 There are three advertisement the links in you tube are as follows Thttps://www.youtube.com/watch?v=jlOzTCSlsgs https://www.youtube.com/watch?v=3eD86X-iYWQ https://www.youtube.com/watch?v=PX-Z3GuyKO4 At the very outset I take this opportunity to convey my sincere gratitude to the ASCI team for the endeavors which put forward to curb the unscrupulous ad practices certain companies. After the misleading launch of several advertisements by M/s Bharti Airtel (ad campaign named ""airtel challenge"" now M/s Vodafone, India who is in the same battle field have now started with an advertisement as ;super 4G network; and claiming as the LARGEST 4G NETWORK IN THE WORLD"". Definitely, customers will go for the largest ever network if they want to go for a 4G whereas the project is still in pipeline only. I am one of the victims of M/s Bharti Airtel's ad campaign, the fastest ever network challenge and still the litigation is in the court. Now again the another one started with a misleading and false advertisement to capture the 4G market which is the next battle field in the telephone network industry. Those who launched 4G in the month of Aug 15 couldn’t (M/s Bharti Airtel) claim the network as largest with their network infrastructures and now the Vodafone India without even having 4G towers to provide the required 4G quality services gives many advertisements (which have undue/misleading exaggerations) for their network service and products that too without proper disclaimer disclaimer. Hence, ASCI is hereby requested to intervene in the matter to prevent the company from airing/hoarding ibid advertisement else many of the poor customers will become prey to these mobile giants vested interests. Complaint no.3 This ad is misleading by saying world's largest 4G network but in India Vodafone has less 4G network so this line is misleading. "

RECOMMENDATION:NOT UPHELD

The advertiser representatives were given personal hearing by ASCI Secretariat. The CCC viewed the TVC, and the Website advertisement and considered the Advertiser’s response. The advertiser argues that their claim of being the World’s Largest 4G network is made on the basis of the presence of Vodafone 4G in more countries than any other brand which is also qualified by a disclaimer. As claim support data, the advertiser submitted independent survey reports. The CCC concluded that the claim “The World’s Largest 4G Network”, was substantiated. The complaints were NOT UPHELD.

 

COMPANY: Babuline Pharma Pvt. Ltd.
PRODUCT: "Babuline Carminative Water"

COMPLAINT:

"“Adult Gripe water” “5 Times better than churan or tablet” “Fit & Healthy” "

NATURE OF COMPLAINT:

"My objections are as follows: 1) The Ad has a product of name Babuline Carminative Water (Adult Gripe Water). Gripe water is normally understood as a baby product and has been known for use in children’s stomach problems - as they cannot speak and keep on crying because of the discomfort, so mothers use gripe water to calm them. Gripe water is probably carminative water. It is now introduced as an adult gripe water, which creates the confusion. Gripe water for children was used because they could not speak about their discomfort and kept crying, so to calm them, mothers used gripe water. For adults such situation does not arise, they can describe their discomfort or problem. So the product name adult gripe water is misleading. 2) On top of the AD it is said 5 times faster relief than churan or tablet. Nothing specified which churan or tablet? Probably the popular products like Samay or Shankar or KayamChuran or tablets are taken for comparison. These products are used for gas, acidity, heavy stomach, constipation, etc. But these products are never called carminative, but they are called laxatives, purgatives or lubricants. Carminatives are described as drugs which promote the expulsion of gases from G.I.T and give a feeling of warmth and comfort in the epigastrium. They are used particularly for dyspepsia to prevent infants regurgitation of milk and griping. There is likelihood of wide misunderstanding by calling the product adult gripe water. The claim of 5 times faster relief than churan or tablet is also misleading and unsubstantied as there could be no comparison of the effectiveness of diverse uses and indications. 3) The product pack shown in the AD specifies beneficial for indigestion, flatulence, and colic. The dosage of 15 ml to 30 ml daily after meals is indicated, but it is not to keep the stomach and intestine fit and healthy, it is to remove the discomfort. Fit and Healthy has a different meaning as understood by the general population. 4) The company has to reconsider about the name not adult gripe water Gripe water can only be for children who cannot describe their problem, not for adult population. "

RECOMMENDATION: UPHELD

"The Advertiser was offered an opportunity for Personal Hearing with the ASCI. The advertiser representatives did not seek personal hearing and submitted their written response. The CCC viewed the print advertisement and considered the Advertiser’s response as well as opinion of the Technical expert presented at the meeting. The advertiser argues that Gripe water can be consumed by people of all ages and there is no medical study or report that suggests gripe water is harmful for adults and should not be consumed. The CCC did not find the reference to advertised product as “Adult Gripe Water” not objectionable. This complaint was NOT UPHELD. In support of claim “5 times faster than churan or tablet”, the Advertiser states liquid extracts are the best choice compared to solids (churan & tablets). The advertiser states the claim “Fit and Healthy” means by consuming Babuline Carminative Water regularly after meals, the likelihood of suffering from indigestion, acidity and gas are greatly reduced. The CCC noted that the advertiser did not provide authentic evidence comparing the speed of action of the product versus any marketed product. The claim “5 times faster than churan or tablet” was not substantiated. The claim of “Fit and Healthy” was considered to be misleading by ambiguity The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. This complaint was UPHELD. "

 

COMPANY: Shwas Homes Pvt. Ltd
PRODUCT:

COMPLAINT:

“Aluva Railway station & Metro station is Just a cigarate distance away."

NATURE OF COMPLAINT:

"Presenting Epcot County, elegant twin villa offering Luxury amenities in a peaceful surrounding befitting an ideal family life. The Project is ideally located between Cochin City and Cochin International Airport on Aluva; Munnar Road with easy accessibility of Just 50 meters to Main bus route.Aluva Railway station & Metro station is Just a cigarate distance away. SHWAS Homes Pvt Ltd is openly advocating smoking and/or providing wrong distance by stating ""Aluva Railway station & Metro station is Just a cigarate distance away"""" which has been mentioned in http://www.shwasportal1.com Please find attached the screen capture of the page which is being prompted by SHWAS Homes Pvt Ltd. My objection is to the word ""cigarate"" in the line ""Aluva Railway station & Metro station is Just a cigarate distance away."" This is directly prompting cigar smoking and is unethical. If they are referring the distance (5 minutes) ie also wrong as the place cannot be reached within five minutes. This has to be removed as it wrong selling and prompting smoking. "

RECOMMENDATION: UPHELD

The Advertiser was offered an opportunity for Personal Hearing with the ASCI. The advertiser representatives did not seek personal hearing and submitted their written response. The CCC viewed the website/internet advertisement and considered the Advertiser’s response. The advertiser argues that the word “cigarette distance” was used to give a rough idea about the distance from their site Epcot County to nearest Railway Station Aluva. The CCC concluded that the claim, “Aluva Railway station & Metro station is Just a cigarate distance away" was not adequately substantiated and is misleading by ambiguity. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD.

 

COMPANY: Astrologerad.com
PRODUCT:

COMPLAINT:

"Astrology, black magic Divyabhaskar website shows ads those promote black magic, and fraud. "

NATURE OF COMPLAINT:

 

RECOMMENDATION: UPHELD

The ASCI approached the advertiser for their response in addressing the grievances of the complainant. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The CCC noted that no response was received from the advertiser prior to the due date. The CCC viewed the website advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claims (in Gujarathi) guaranteeing sure solutions for problems such as infertility, marital discord, winning a lottery, were false and misleading by exaggeration. The advertisement exploits the consumers’ lack of knowledge and is likely to lead to grave or widespread disappointment in the minds of consumers. The advertisement contravened Chapters I.1, I.4 and I.5 of the ASCI Code. The complaint was UPHELD.

 

COMPANY: "Endurance Web Solutions Pvt. Ltd. (Hostgator.in)"
PRODUCT:

COMPLAINT:

As per the ad in hostgator.in, they are providing unlimited storage and bandwidth. But which is not mentioned is it limited to 40GB storage and 150GB bandwidth. If this is the limit then they should not use UNLIMITED in their ads.

NATURE OF COMPLAINT:

 

RECOMMENDATION: UPHELD

"The Advertiser was offered an opportunity for Personal Hearing with the ASCI. The advertiser representatives did not seek personal hearing and submitted their written response. The CCC viewed the website/internet Advertisement and considered the Advertiser’s response. The advertiser argues that the shared hosting services are only meant for website hosting and not storage or file sharing and the Terms and Conditions with regard to the usage of Space and Bandwidth is indicated on the said website through a hyperlink. The CCC viewed the Terms and Conditions on their website and read the definition of “UNLIMITED”. The CCC concluded that the claim, “Unlimited storage and bandwidth” is misleading by exaggeration. The advertisement contravened Chapter I.4 of the ASCI Code. The complaint was UPHELD. "

 

COMPANY: "One Mobikwik Systems Pvt. Ltd "
PRODUCT: "Mobikwik Rs. 20 Cashback Offer"

COMPLAINT:

"“Mobikwik gave users a promo code based on lucky draw which gives users Rs 20 cashback.” Have promotion codes which gave users Rs 20 off on recharge and bill payments. When I tried it it didn't work but I paid one bill already in the attempt. The support team said that the code was to be used at a later point while paying for the bill and when even that failed they claimed that the code was not valid for land lines. Please note that URL of said advertisement is not possible as it was delivered via a mobile app. Moreover, as advertisements are delivered to users by third parties such as Google who place ads in parts of a web page and these ads are targeted to users. I may not get the same ad as someone else. Just giving the Mobikwik weblink for URL. Please look at attached screenshot for complaint details.” "

NATURE OF COMPLAINT:

 

RECOMMENDATION: UPHELD

The Advertiser was offered an opportunity for Personal Hearing with the ASCI. The advertiser representatives did not seek personal hearing and submitted their written response. The CCC viewed the Ad-Promo screenshot advertisement and considered the Advertiser’s response. The advertiser argues that the Terms and Conditions were on their promotional advertisement in addition to their website, application and mailers that this promotional code is not applicable for “landline”. The CCC noted that the Terms and Conditions should clearly indicate that the promotional codes are applicable only for specific bill payments or not applicable for specific bill payments. The CCC concluded that in the absence of such clarity, the claim “Rs 20 cashback” is misleading by ambiguity and omission of complete disclaimer. The internet promo advertisement contravened Chapter I.4 of the ASCI Code. The complaint was UPHELD.

 

COMPANY:Sri Vedic Pratisthan
PRODUCT: Rashi Bhagya Ratna

COMPLAINT:

"• “If you possess RashiRatna (5.25 ‘Rati’ RashiRatna) in thousands of rupees, you can become quickly fortunate and receive miraculous betterment, health, accomplishment. • “Buy our talisman in just Rs.525/- and become fortunate to get your wishes fulfilled. Be profited by using it for job, success in business, conquest of enemy, dream marriage and love.” "

NATURE OF COMPLAINT:

"Rasrang, a DainikBhaskarMagzine pull-out Digital copy is attached. URL: http://epaper.bhaskar.com/thumbnail/magazine/rasrang/211/08201205/mpcg/1/ The advertisement offers various precious stones to wear, to lift the user from rags to riches. This is patently fraud. This is deception through occult. It is not in accordance with known facts of life or science. My objections against the complaint are: The advertisement claims: “If you possess RashiRatna (5.25 ‘Rati’ RashiRatna) in thousands of rupees, you can become quickly fortunate and receive miraculous betterment, health, accomplishment. “Buy our talisman in just Rs.525/- and become fortunate to get your wishes fulfilled. Be profited by using it for job, success in business, conquest of enemy, dream marriage and love.” This is occult. Advertisement cannot be medium for occult. Only those things should be allowed to be advertised which stand the test of science and reason. "

RECOMMENDATION: UPHELD

The Advertiser was offered an opportunity for Personal Hearing with the ASCI. The advertiser representatives did not seek personal hearing and submitted their written response. The CCC viewed the print advertisement and considered the Advertiser’s response. The advertiser argues that the information which was provided in the advertisement was not occult or fraud as it is scientifically proven that the gemstones have many inherent powers because of the chemicals and minerals which are found in all the gemstones and crystals. All these gemstones and crystals have their own properties and benefits because of their compositions. The efficacy of gemstones do not require laboratory experiments. The advertiser cites example of actor Mr. Amitabh Bachan who became raja from rank after wearing blue sapphire to support their claim “If you possess Rashi Ratna (5.25 ‘Rati’ RashiRatna) thousands of rupees, you can become quickly fortunate and receive miraculous betterment, health, accomplishment. For the claim, “Buy our talisman in just Rs.525/- and become fortunate to get your wishes fulfilled. Be profited by using it for job, success in business, conquest of enemy, dream marriage and love”, the advertiser has given reference of various website links as claim support data. The CCC concluded that in the absence of any scientific or authentic evidence, the claims, “If you possess Rashi Ratna (5.25 ‘Rati’ RashiRatna) thousands of rupees, you can become quickly fortunate and receive miraculous betterment, health, accomplishment and “Buy our talisman in just Rs.525/- and become fortunate to get your wishes fulfilled. Be profited by using it for job, success in business, conquest of enemy, dream marriage and love”, were not substantiated and are misleading by exaggeration. The advertisement exploits the consumers’ lack of knowledge and is likely to lead to grave or widespread disappointment in the minds of consumers. The advertisement contravened Chapters I.1, I.4 and I.5 of the ASCI Code. The complaint was UPHELD.

 

COMPANY: "Reckitt Benckiser (India) Pvt Ltd "
PRODUCT: Mortein Insta5

COMPLAINT:

“Relief from Dengue in Just 5 minutes”

NATURE OF COMPLAINT:

"The packing of Mortein Insta5 says “Relief from Dengue in Just 5 minutes” The brand has printed the tagline on the front page of its packaging material. The utility of the products is as such that it is used to get relief from mosquitoes and in this case may be Dengue mosquitoes. The brand have not included the word “mosquitoes” in the tag line. The tagline simply says “relief from Dengue in just 5 minutes” as if it will relieve people from dengue fever or any other disease spread out of dengue in just five minutes. "

RECOMMENDATION: UPHELD

The Advertiser was offered an opportunity for Personal Hearing with the ASCI. The advertiser representatives did not seek personal hearing and submitted their written response. The CCC viewed the product packaging and considered the Advertiser’s response. The advertiser argues that it is well known fact that the dengue is caused by mosquito's bites only. Hence when the tag line says "Relief from Dengue in just 5 minutes", it obviously means from Dengue mosquito's only. Also, they further state that the advertisement has a disclaimer at the back of pack which reads "starts protection from Dengue mosquitoes in 5 minutes under test conditions". The CCC noted that in the absence of the word “mosquitoes” in the tagline, the claim, "Relief from Dengue in just 5 minutes" is misleading by ambiguity. The CCC did not take up verification of the claim regarding onset of action of the product within five minutes. The TVC and the product packaging contravened Chapter I.4 of the ASCI Code. The complaint was UPHELD.

 

COMPANY: Shree Maruti Herbal
PRODUCT:Stay On Capsules

COMPLAINT:

“Bigger, longer, stronger bond In Lasting love & happiness”

NATURE OF COMPLAINT:

 

RECOMMENDATION: UPHELD

"The advertiser representative was given personal hearing by ASCI Secretariat. The CCC viewed the print advertisement and considered the Advertiser’s response. The advertiser argues that the product should be accepted as a respectable health supplement at homes leading to happy & lasting relationship. Also, the advertisement depicts a “Slice of Life” positive communication/narration explaining the pleasant change with her partner due to stamina, vitality and energy of her partner. The CCC noted that no product efficacy data was presented by the advertiser. Also, the reference to “Bigger, longer” as an adjective to the word “bond” was considered out of context for a product meant to be a health supplement only. Also, the claim, read in conjunction with pack visual, implies that the product is meant for enhancement of sexual pleasure which is in Breach of the law as it violated The Drugs & Magic Remedies Act. The advertisement contravened Chapters I.1, I.4 and III.4 of the ASCI Code. The complaint was UPHELD. "

 

COMPANY: "Coca-Cola India Pvt. Ltd."
PRODUCT: Thums Up

COMPLAINT:

"Regarding Thums Up ad / Main HoonToofani – Salman Khan. The advertisement shows Salman Khan robbing and stealing a bottle of Thums Up from one of the crates the truck carrying filled bottles. This is an offence as it leads to stealing and robbing. Youngsters are encouraged to do this act leading to robbery and stealing. This ad shows crime and possibility of encouraging crime within the citizen. This ad should be stopped from viewers. Educate the people to be disciple and not by displaying such criminal act. Hope you will take action against the advertisement company. the model - Salman Khan and the company Stop this ad immediately."

NATURE OF COMPLAINT:

 

RECOMMENDATION:NOT UPHELD

"The CCC viewed the TVC showing the protagonist (Salman Khan) performing a stunt and grabbing a cold drink bottle directly from the truck, and considered it to be puffery, used to grab the viewers’ attention. The complaint was NOT UPHELD. "

 

COMPANY: Star India Pvt. Ltd
PRODUCT: Star Sports HD

COMPLAINT:

"A man gets new HD TV connects to DTH without HD channels here Dhoni comes n says contact your cable /dth operator n enjoy free HD cricket. Dhoni says free HD channels but Airtel says otherwise. It is misguiding as the advertisement says free hd but in actual airteldth denied the same. Here is the advertisement link for your reference https://youtu.be/MIS2YmTc7zA The communication from airteldth :- “We would like to inform you that Airtel Digital TV is not providing star sports HD channel free. The charges for Star Sports HD 1, Star Sports HD 2, Star Sports HD 3 and Star Sports HD 4 are available in Rs. 75, 75, 54 and in Rs. 75 respectively.” Complaint no.2 There is an Campaign Runing by Star Sports where in Dhoni Clearly says that to avail Start Sport HD Wt20 Live absolutely free contact your service Provider now When I contacted my Service Provider Airtel for getting the same benefit for my Dth Connection they denied of such offer and asked me to pay monthly rental of some Rs.85/-(approx amount) "

NATURE OF COMPLAINT:

 

RECOMMENDATION:NOT UPHELD

The advertiser representatives were given personal hearing by ASCI Secretariat. The CCC viewed the TVC and considered the Advertiser’s response. The advertiser argues that the TVC in its entirety is quite clear to communicate that to Watch ICC World T20 in HD for Free, the consumer has to first buy a new HD set top box and then call their respective service providers for more details. The advertiser submitted the a letter from Airtel stating that it is providing the promised offer to its consumers on purchase of a new HD set top box. The CCC concluded that the advertiser has substantiated their claim “Buy a new HD set top box and watch ICC WORLD T20 in HD for Free. Call your service provider for further details.” The complaints were NOT UPHELD.

 

COMPANY: Amazon.com., Inc (Amazon Order)
PRODUCT:

COMPLAINT:

"I wish to draw your attention towards tv advertisement---- showing delivery of chappal at the time whelsaali was asking NEK for JUTA CHURAI----amazon slogan is-- 'JUST ON TIME DELIVERY"" WHILE THIS IS NOT THE CASE--- IT IS SIMPLY FALSE ADVERTISEMENT---FOLLOWING IS THE CASE WHERE 3 TIMES DELIVERY WAS POSTPONED WITHOUT OUR CONSENT AND REASONS ALSO NOT INDICATED----AMAZON ORDER NO;--- 404-0846522-3384347 ITEM----MOBILE PHONE DT OF ORDER---02-03-2016 EXPRESS DELIVERY CHARGES PAID---- EXTRA rS100/=---EXPRESS DELIVERY IS MEANT FOR DELIVERY ON--NEXT DAY IE ON 3RD MARCH 1. FIRST DELIVERY POSTPONEMENT SMS RECD ON 4TH MARCH FOR DELIVERY IN NEXT 2 DAYS IE BY 6TH MARCH 2. SECOND DELIVERY POSTPONEMENT SMS RECD ON 6TH MARCH FOR DELIVERY IN NEXT 2 DAYS IE BY 8TH MARCH 3. ITEM DELIVERED ON 9TH MARCH----THIRD FALSE COMMITMENT---- EVEN EXPRESS CHARGES SYSTEM NOT OPERATED I HOPE YOU WOULD GET IS ENQUIRED AND ARRANGE 100% REFUND OF MONEY FOR WRONG ADVERTISEMENT HOPE TO LISTEN SHORTLY. IF NEEDED I CAN FORWARD MAILS RECD FROM AMAZON IN THIS REDARD. "

NATURE OF COMPLAINT:

 

RECOMMENDATION:NOT UPHELD

The Advertiser was offered an opportunity for Personal Hearing with the ASCI. The advertiser representatives did not seek personal hearing and submitted their written response. The CCC viewed the TVC and considered the Advertiser’s response. The advertiser states that for the claim “one day delivery”, the TVC has a disclaimer “Terms and Conditions apply”. Also, in the event that expedited delivery such as “one day delivery” does not take place on time, then Amazon automatically refund the shipping charges to the customer. They further stated that one isolated instance of a delayed delivery cannot be used to term the advertisement itself as misleading, as that fails to take into account the number of “on-time deliveries” that Amazon has been successful in making. The CCC concluded that the claim “On Time Delivery” is not false and considered this case as one time lapse by the advertiser which the advertiser is ready to make good the deficiency to the consumer. The complaint was NOT UPHELD.

 

COMPANY: B. Motiram Jewellers
PRODUCT:

COMPLAINT:

"Tagline objected to “Wife Insurance” Complaint “I find this ad highly sexist. This shouldn't be allowed.I found it in camac street, Kolkata.” "

NATURE OF COMPLAINT:

 

RECOMMENDATION:NOT UPHELD

The Advertiser was offered an opportunity for Personal Hearing with the ASCI. The advertiser representatives did not seek personal hearing and submitted their written response. The CCC viewed the Ad-Hoarding and considered the Advertiser’s response. The advertiser argues that Jewellery is not merely ornaments worn by women and other genders alike, but are a source of great joy and happiness for a long long time. They are not only treasured gifts but also an investment into the future. The advertisement in question which read the words "wife insurance", should not be misconstrued or misrepresented out of context to suit a particular purpose. The CCC concluded that the tagline “Wife Insurance” in the Ad-Hoarding was not sexiest so as to cause grave and widespread offence. The complaint was NOT UPHELD.

 

COMPANY: Hindustan Unilever Ltd
PRODUCT: "Knorr Classic Thick Tomato Soup"

COMPLAINT:

"‘100% Real Vegetables’ ‘Knorr Chefs have handpicked the best quality vegetables’"

NATURE OF COMPLAINT:

RECOMMENDATION: UPHELD

The advertiser representatives were given personal hearing by ASCI Secretariat. The CCC viewed the product packaging and considered the Advertiser’s response. The advertiser argues that the claim reads as “with 100% real vegetables” and implies that the vegetables in the form of tomato paste solids, onion powder, and dehydrated leeks in Knorr Classic Thick Tomato Soup are real vegetables, thereby meaning that these ingredients are made from real tomatoes, onions, and leeks and are not artificial or an imitation. The CCC concluded that the claim ‘with 100% Real Vegetables’ was not false. This complaint was NOT UPHELD. For the claim "Knorr chefs have handpicked the best quality vegetables...", the advertiser argues that it is creative expression of the involvement of Knorr Chefs in the product development. The vegetables (in whichever form) are particularly selected by Knorr chefs to formulate the recipe, and are sourced from suppliers who are compliant with highest quality standards, who in turn source the vegetables from agriculturists who’ve cultivated the said vegetables sustainably. The CCC concluded that the claim, “Knorr chefs have handpicked the best quality vegetables” is not substantiated and is misleading by implication, given that the product is made on a mass production scale and not customized or personalized. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. This complaint was UPHELD.

 

COMPANY: "Pernod Ricard India P.Ltd "
PRODUCT: Seagram’s Royal Stag

COMPLAINT:

"The print advertisement features popular Bollywood actor Ranveer Singh. The advertisement goes in to say Seagrams Royal stag Mega Music. Its your life. Make it large. This is a clear case of surrogate advertisement. Royal Stag is hugely popular product of alcoholic beverage. In fact Mega Music is written in such a small point size that viewer would almost read it to be an ad of the beverage. It is shocking that a celebrity like Ranveer Singh is promoting and endorsing a brand closely linked to a product known to be harmful to health. Action to be taken ‐We propose immediate withdrawal of the advt.” "

NATURE OF COMPLAINT:

 

RECOMMENDATION: UPHELD

"The Advertiser was offered an opportunity for Personal Hearing with the ASCI. The advertiser representatives did not seek personal hearing and submitted their written response. The CCC viewed the print advertisement and considered the Advertiser’s response. The advertiser argues, that the said advertisement does not, either directly or indirectly, propagate use of any products which are prohibited under the provisions of the law. The advertiser submitted copies of the registration certificates. They further stated that by use of the trademark “Royal Stag Mega Music”, they are exercising their exclusive rights vested in the trademark, goodwill and reputation therein. The Advertiser did not provide the annual market sales data of the product/service advertised. The CCC concluded that the advertisement was a surrogate Ad for a promotion of a liquor product – Royal Stag. The advertisement contravened Chapter III.6 (a) (b) of the ASCI Code and the Guidelines for Brand Extension product or service. The complaint was UPHELD."

 

COMPANY:Doctor Care Pharma Pvt Ltd.
PRODUCT: Syor Mass Gainer

COMPLAINT:

“100% veg product”

NATURE OF COMPLAINT:

"“I have now re-examined these ad and my objections are as follows: Syor Mass Gainer: Company claims 100% veg product, but it is shown to contain 03g Colustrum, which is an animal product. Claim is false and contravenes ASCI coder Ch 1, Cl. 1. It gives ‘30 day Money back guarantee’ but in such cases what the company would return is only 70% of the cost paid, 30% will be deducted as charges from customer as sales tax, packing, forwarding and distribution charges, which is a trick. Customer is fooled. ASCI coder Ch 1, Cl.” "

RECOMMENDATION:NOT UPHELD

The CCC viewed the print advertisement and noted that Colustrum is a milk product. The claim “100% vegetarian” is not considered to be misleading. The advertisement provided by the complainant did not have the money back guarantee claim. The complaint was NOT UPHELD.

 

COMPANY: "New Delhi Institute of Management "
PRODUCT:

COMPLAINT:

"1. 100% Finest Placements since Inception 2. 15th Best Placements in India 3. A+++ with Average Salary in S2 Grade (Rs.5.0-Rs.9.9 Lakh) "

NATURE OF COMPLAINT:

These claims need to be substantiated with necessary support data

RECOMMENDATION: UPHELD

"The ASCI had approached the advertiser for their response in addressing the grievances of the complainant. However, in the absence of response prior to the due date, the matter was examined by the CCC on the basis of the material available then. Advertiser acknowledged post the CCC meeting, stating that they had received the ASCI letter and would send a detailed reply very soon. In response to the CCC decision, Advertiser subsequently submitted supporting data. ASCI then informed the advertiser that as a special gesture, the request for review is being accepted while waiving off the review fees. Advertiser agreed to comply with the review decision. The CCC viewed the print advertisement and considered the advertiser’s response. Advertiser states that the documentary evidence sent of ‘Business World’ and ‘Business India’ to substantiate that their promotional material was reproduction of the rankings and ratings published by the ‘Business World’ and ‘Business India’ and that there is nothing wrong or false in this material. The claim, “A+++ with Average Salary in S2 Grade (Rs.5.0-Rs.9.9 Lakh)”, was not substantiated with evidence to prove that the individual students were indeed given the salary offer. Advertiser did not provide evidence such as the batch size, enrolment forms, appointment letters and contact details of the students who got placements, for verification. The claim, “100% Finest Placements since Inception”, was not substantiated with authentic data. The claim, “15th Best Placements in India” was not substantiated with authentic comparative data. Also, the claims are misleading by ambiguity in the absence of any disclaimers. The advertisement contravened Guidelines for Advertising of Educational Institutions and Programs as well as Chapters I.1 and I.4 of the ASCI Code. The complaint being Upheld stands on Review. "

 

COMPANY: Japani Instrument
PRODUCT:

COMPLAINT:

"“Ultra-modern way of increasing your passion for sex and thereby engaging in more fun.” “Free Japani instrument for increasing the size of one’s sex organ or penis” With the use of this instrument, a penis that is small, crooked or thin , turns into a strong, straight and hard one with its length increased by 8-9”. “It helps cure quick loss of erection, impotency, nightfall and childlessness.” “It helps increase sex time by 30-45 minutes.” “Within 30 days of usage one gets a good penis or a good vagina.” “No side effects. 100% guarantee.” "

NATURE OF COMPLAINT:

Ham English nahi janta hai. Lakin Ananda Bazar Patrika, Bahat admi ko thakana bala ad data hai. Lakin kuch nahi hota ha. Ad ma Gandha-Gandha bat likhta ha. please madam kripa kar ka isko dakhiya.

RECOMMENDATION: UPHELD

"The ASCI approached the concerned Media (Ananda Bazar Partika) for their assistance in providing the contact details of the advertiser, or to forward the grievances of the complainant to the advertiser. The CCC noted that no response was received from the advertiser or from the concerned media prior to the due date. The CCC viewed the print advertisement. In the absence of response from the concerned media and comments from the advertiser, the CCC concluded that the claims in the advertisement (in Bengali) as translated in English, “Ultra-modern way of increasing your passion for sex and thereby engaging in more fun”, “Free Japani instrument for increasing the size of one’s sex organ or penis”, “With the use of this instrument, a penis that is small, crooked or thin, turns into a strong, straight and hard one with its length increased by 8-9”, “It helps cure quick loss of erection, impotency, nightfall and childlessness”, “It helps increase sex time by 30-45 minutes”, “Within 30 days of usage one gets a good penis or a good vagina”, “No side effects. 100% guarantee”, were not substantiated and are misleading by exaggeration. Also, specific to the claims related to cure of sexual impotency and childlessness (infertility), and the claims pertaining to the benefits of the product such as “Ultra-modern way of increasing your passion for sex and thereby engaging in more fun”, “Free Japani instrument for increasing the size of one’s sex organ or penis”, “With the use of this instrument, a penis that is small, crooked or thin , turns into a strong, straight and hard one with its length increased by 8-9”, “It helps cure quick loss of erection, impotency, nightfall”, “It helps increase sex time by 30-45 minutes”, “Within 30 days of usage one gets a good penis or a good vagina”, read in conjunction with the advertisement visual implies that the product is meant for enhancement of sexual pleasure, which is in Breach of the law as it violated The Drugs & Magic Remedies Act. The advertisement contravened Chapters I.1, I.4 and III.4 of the ASCI Code. The complaint was UPHELD. "

 

COMPANY: Sexual Ad
PRODUCT:

COMPLAINT:

"“Upset with problems regarding sex? You get desired results no sooner than you start using them” “You can make your small, crooked or thin sex organ or penis into one that is strong, hard, with an increase in length by 3-4” “Reduces problems of impotency, childlessness, inadequate manliness etc” “Increases sex time by 25-30 minutes” “Within 30 days of taking the medicine, one will get a good vagina or penis” “If product isn’t helpful or beneficial, then money will be refunded” Complaint Ham English nahi janta hai. Lakin Ananda Bazar Patrika, Bahat admi ko thakana bala ad data hai. Lakin kuch nahi hota ha. Ad ma Gandha-Gandha bat likhta ha. please madam kripa kar ka isko dakhiya.” "

NATURE OF COMPLAINT:

 

RECOMMENDATION: UPHELD

"The ASCI approached the concerned Media (Ananda Bazar Partika) for their assistance in providing the contact details of the advertiser, or to forward the grievances of the complainant to the advertiser. The CCC noted that no response was received from the advertiser or from the concerned media prior to the due date. The CCC viewed the print advertisement. In the absence of response from the concerned media and comments from the advertiser, the CCC concluded that the claims in the advertisement (in Bengali) as translated in English, “Upset with problems regarding sex? You get desired results no sooner than you start using them”, “You can make your small, crooked or thin sex organ or penis into one that is strong, hard, with an increase in length by 3-4”, “Reduces problems of impotency, childlessness, inadequate manliness etc”, “Increases sex time by 25-30 minutes”, “Within 30 days of taking the medicine, one will get a good vagina or penis”, “If product isn’t helpful or beneficial, then money will be refunded”, were not substantiated and are misleading by exaggeration. Also, specific to the claims implying cure for sexual impotency and childlessness (infertility), and claims pertaining to the benefits of the product such as, “Upset with problems regarding sex? You get desired results no sooner than you start using them”, “You can make your small, crooked or thin sex organ or penis into one that is strong, hard, with an increase in length by 3-4”, “Reduces problems of impotency, inadequate manliness etc”, “Increases sex time by 2530 minutes”, “Within 30 days of taking the medicine, one will get a good vagina or penis”, read in conjunction with the advertisement visual implies that the product is meant for enhancement of sexual pleasure, which is in Breach of the law as it violated The Drugs & Magic Remedies Act. The advertisement contravened Chapters I.1, I.4 and III.4 of the ASCI Code. The complaint was UPHELD. "

 

COMPANY:Japani Instrument
PRODUCT:

COMPLAINT:

"“The Sex Problem - Modern discovery of Japani instrument for increasing the size of one’s sex organ worth Rs 200/ 300 /500” “It helps turn a small, thin, crooked penis into a long, thick, hard and beautiful one” “By having this 100% ayurvedic medicine one can maximally enjoy their sex life, with the length of their penises increased by 7-8” and thickness by 3-4” “By treating problems of impotency, inability of a penis to sustain an erection for too long, lack of manliness, one can make their married lives a happy one” “With medicines for 30 days, you get the oil that increases your strength and passion for sex, absolutely free” "

NATURE OF COMPLAINT:

"Ham English nahi janta hai. Lakin Ananda Bazar Patrika, Bahat admi ko thakana bala ad data hai. Lakin kuch nahi hota ha. Ad ma Gandha-Gandha bat likhta ha. please madam kripa kar ka isko dakhiya.” "

RECOMMENDATION: UPHELD

"The ASCI approached the concerned Media (Ananda Bazar Partika) for their assistance in providing the contact details of the advertiser, or to forward the grievances of the complainant to the advertiser. The CCC noted that no response was received from the advertiser or from the concerned media prior to the due date. The CCC viewed the print advertisement. In the absence of response from the concerned media and comments from the advertiser, the CCC concluded that the claims in the advertisement (in Bengali) as translated in English, “The Sex Problem - Modern discovery of Japani instrument for increasing the size of one’s sex organ worth Rs 200/ 300 /500”, “It helps turn a small, thin, crooked penis into a long, thick, hard and beautiful one”, “By having this 100% ayurvedic medicine one can maximally enjoy their sex life, with the length of their penises increased by 7-8” and thickness by 3-4”, “By treating problems of impotency, inability of a penis to sustain an erection for too long, lack of manliness, one can make their married lives a happy one”, “With medicines for 30 days, you get the oil that increases your strength and passion for sex, absolutely free”, were not substantiated and are misleading by exaggeration. Also, specific to the claims implying cure for sexual impotency, and claims pertaining to the benefit of the product such as, “The Sex Problem - Modern discovery of Japani instrument for increasing the size of one’s sex organ worth Rs 200/ 300 /500”, “It helps turn a small, thin, crooked penis into a long, thick, hard and beautiful one”, “By having this 100% ayurvedic medicine one can maximally enjoy their sex life, with the length of their penises increased by 78” and thickness by 3-4”, “By treating problems of impotency, inability of a penis to sustain an erection for too long, lack of manliness, one can make their married lives a happy one”, “With medicines for 30 days, you get the oil that increases your strength and passion for sex, absolutely free”, read in conjunction with the advertisement visual implies that the product is meant for enhancement of sexual pleasure, which is in Breach of the law as it violated The Drugs & Magic Remedies Act. The advertisement contravened Chapters I.1, I.4 and III.4 of the ASCI Code. The complaint was UPHELD. "

 

COMPANY: HPL Electric and Power Limited
PRODUCT: "HPL GLO LED Bulb"

COMPLAINT:

“Low heat generation”, “90 percent energy saving”, “30,000 hours extra long life”, “15 years life”

NATURE OF COMPLAINT:

Our objections How does it give 90 percent extra energy saving and as compared to what. This needs to be substantiated with results from independent studies. Similarly 30000 hours extra long life as compared to what. Claims 1 4 are not substantiated with independent research data.

RECOMMENDATION: UPHELD

"The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek a personal hearing and submitted their written response. The claim support data was reviewed by the technical expert of ASCI. The CCC viewed the print advertisement and considered the Advertiser’s response as well as opinion of the Technical expert presented at the meeting. The CCC concluded - Claim: Low heat generation Advertiser provided a third party test report indicating various temperatures measurements at different parts of the LED bulb as compared with GLS (tungsten bulb). No comparison was done with CFL or other types of lamps; but these are the lamps shown in the ad and the hence the claim was not adequately substantiated. The claim, “Low heat generation”, is misleading by omission of mention of comparison to GLS/tungsten bulbs and by implication of comparison with other lamps. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. This complaint was UPHELD. Claim: 90 percent energy saving Advertiser used data from a competitor (Philips) comparing the LED bulb with GLS (tungsten bulb) to show that this claim is valid. No comparison was presented with CFL or other types of lamps; these are the lamps shown in the ad and the hence the claim was not adequately substantiated. The claim, “90 percent energy saving”, is misleading by omission of mention of comparison to GLS/tungsten bulbs. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. This complaint was UPHELD. Claim: 30000 hours extra long life Advertiser submitted a report from his OEM LED supplier, Everlight, who had done an in-house test as per industry standard LM-80, which tested the light reduction upto 10,000 hours. Based on this, extrapolation was done as per TM-21 industry practice to give an estimated life of 30,000 hours for the LED alone. Although testing to 30,000 was not done, industry practices were used to estimate life. The LED element of the bulb was indeed tested. However, the bulb as supplied by HPL includes a driving electronic/electrical circuit and housing. The test data on which this claim is based did not use the electronic circuit and housing of HPL. These are important points that could affect bulb life and LED failure. The claim, “30000 hours extra long life”, was not substantiated adequately and is misleading. The advertisement contravened Chapters I.1 and I.4 of the Code. This complaint was UPHELD. Claim: 15 years life Advertiser used the earlier claim of 30,000 hours to work out a projected usage of 6000 days of life assuming 5 hours of use per day. This works out to > 15 years. However, no actual testing of the bulb or LED was done. Moreover, the 10,000/30,000 hours of claim 3 was not done in on-off cycling mode, nor was it done with the electronic circuit and housing used by the advertiser. The claim, “15 years life”, was not adequately substantiated. The advertisement contravened Chapter I.1 of the Code. This complaint was UPHELD. "

 

COMPANY: Akhilesh Shinde
PRODUCT: Treatment for Cancer

COMPLAINT:

"My objections are as follows: 1. The ad related to the treatment of cancer with herbs and ayurvedic medicines. Ad is in the form of a personal account of a lady who had an ovarian cancer since 1999 and her treatment was being done with chemotherapy in Australia. She was advised three more chemotherapy sessions but there was no guarantee that her cancer will be cured. She was in fact advised to see near and dear ones one last time before her treatment starts. She visited India and her treatment by Akhilesh Shinde with ayurvedic drugs cured her of her cancer and when she went back to Australia all her tests were normal and doctor was so happy she was advised to continue the same treatment and invited the ayurvedic doctor Akhilesh Shinde to Australia and honoured him 2.This kind of ‘hear say stories’ and ‘cure of cancer’ are misleading and unethical ways of advertising for ‘cure of cancer’. This is prohibited by law also. All claims need substantive proofs.” "

NATURE OF COMPLAINT:

 

RECOMMENDATION: UPHELD

The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek a personal hearing and acknowledged ASCI letter that they would respond at the earliest. The CCC viewed the print advertisement. In the absence of any claim support data from the advertiser prior to the due date, the CCC concluded that the testimonial claim (in Gujarathi) as translated in English, “Got a new lease of life from cancer”, and “ayurvedic treatment of cancer”, were not substantiated and are misleading by exaggeration. Also, specific to the testimonial claiming cure for cancer, the advertisement is in Breach of the law as it violated The Drugs & Magic Remedies Act. The advertisement contravened Chapters I.1, I.4 and III.4 of the ASCI Code. The complaint was UPHELD.

 

COMPANY: Ayuway Herbal
PRODUCT:Noni Wellness Drink

COMPLAINT:

"“By taking Ayuway Herbal Noni daily in appropriate doze, the following stubborn diseases can be brought under control. • Cancer • Arthritis • Blood circulation • Stomach ulcers • Muscle pain • Thyroid • Gas trouble • Diabetes • H.I.V. • Skin problem In many such diseases Ayuway Noni is beneficial.” "

NATURE OF COMPLAINT:

"“My objections are as follows: 1. The ad advocates use of their product Noni for such chronic diseases like Cancer, Arthritis, Blood Circulation problems, Peptic Ulcers, Muscle pains-Joint pains, Thyroid, Gas Trouble, Diabetes, HIV, skin problems and many more such diseases. Daily ‘proper’ dose can help control – get cured of all these diseases. 2. Along with the dose of Noni if their another product ‘Fat Free’ is taken, then in 2 to 3 months 10 to 15 kgs weight reduction can be attained as 100% result. 3. Company has more than 40 such export quality products and company gives 100% money back guarantee 4. Advertising for products for controlling and curing diseases like cancer and HIV is contravening Drugs & Magic Remedies Act. Again no definite dosage form is mentioned nor any time period mentioned to get the desired results. For weight reduction it has been given but for other diseases it is arbitrary. Also 100% money back guarantee is mentioned. It is clear that the company wants to lure the customers on such tall claims and dupe the consumers. 100% money back guarantee is also an eye wash. For all claims substantive proofs must be provided.” "

RECOMMENDATION: UPHELD

The ASCI approached the advertiser for their response in addressing the grievances of the complainant. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date. The CCC viewed the advertisement. In the absence of comments from the advertiser, the CCC concluded that the claims (in Gujarathi) as translated in English, “By taking Ayuway Herbal Noni daily in appropriate dose, the following stubborn diseases can be brought under control – Cancer, Arthritis, Blood circulation, Stomach ulcers, Muscle pain, Thyroid, Gas trouble, Diabetes, H.I.V., Skin problem”, “In many such diseases Ayuway Noni is beneficial”, “100% money back guarantee”, were not substantiated and are misleading. Also, specific to the claims with money back guarantee implying treatment/cure for Cancer, Arthritis, Diabetes, the advertisement is in Breach of the law as it violated The Drugs & Magic Remedies Act. The advertisement contravened Chapters I.1, I.4 and III.4 of the ASCI Code. The complaint was UPHELD.

 

COMPANY: Ayuway Herbal
PRODUCT:Fat Free Tablet

COMPLAINT:

"“You can reduce 10 to 15 kilo weight in 2 to 3 months by taking Fat Free 2 pills in morning and 2 pills in evening”, “Ayuway Noni and Fat Free give 100% result” "

"“My objections are as follows: 1. Along with the dose of Noni if their another product ‘Fat Free’ is taken, then in 2 to 3 months 10 to 15 kgs weight reduction can be attained as 100% result. 2. Company has more than 40 such export quality products and company gives 100% money back guarantee 3. It is clear that the company wants to lure the customers on such tall claims and dupe the consumers. 100% money back guarantee is also an eye wash. For all claims substantive proofs must be provided.” "

 

RECOMMENDATION: UPHELD

The ASCI approached the advertiser for their response in addressing the grievances of the complainant. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date. The CCC viewed the advertisement. In the absence of comments from the advertiser, the CCC concluded that the claims (in Gujarathi) as translated in English, “You can reduce 10 to 15 kilo weight in 2 to 3 months by taking Fat Free 2 pills in morning and 2 pills in evening”, “Ayuway Noni and Fat Free give 100% result”, were not substantiated and are misleading. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD.

 

COMPANY: Vaccum Therapy
PRODUCT:

COMPLAINT:

"“Modern Discovery Vacuum Therapy, with instrument for increasing the size of sex organ worth Rs 200/ 300/500’” “According to the American agency FDA, the vacuum therapy together with the instrument for increasing the size of one’s sex organ and ayurvedic medicines can help one increase the length of their penis to a 7-8” inches one, with a thickness of 4-5”, in only 15 minutes” “It not only the penis hard and strong but also helps to increase the sex time by 30-45 minutes” “Helps to cure impotency and other problems like the penis not sustaining an erection for too long, lack of strength in a penis, lack of manliness and childlessness” “Helps to make a small, crooked or narrow penis look beautiful”, “100% Ayurvedic” "

NATURE OF COMPLAINT:

Ham English nahi janta hai. Lakin Ananda Bazar Patrika, Bahat admi ko thakana bala ad data hai. Lakin kuch nahi hota ha. Ad ma Gandha-Gandha bat likhta ha. Please madam kripa kar ka isko dakhiya.

RECOMMENDATION: UPHELD

"The ASCI approached the concerned Media (Ananda Bazar Partika) for their assistance in providing the contact details of the advertiser, or to forward the grievances of the complainant to the advertiser. The CCC noted that no response was received from the advertiser or from the concerned media prior to the due date. The CCC viewed the print advertisement. In the absence of response from the concerned media and comments from the advertiser, the CCC concluded that the claims in the advertisement (in Bengali) as translated in English, “Modern Discovery Vacuum Therapy, with instrument for increasing the size of sex organ worth Rs 200/ 300/500’”, “According to the American agency FDA, the vacuum therapy together with the instrument for increasing the size of one’s sex organ and ayurvedic medicines can help one increase the length of their penis to a 7-8” inches one, with a thickness of 4-5”, in only 15 minutes”, “It not only the penis hard and strong but also helps to increase the sex time by 30-45 minutes”, “Helps to cure impotency and other problems like the penis not sustaining an erection for too long, lack of strength in a penis, lack of manliness and childlessness”, “Helps to make a small, crooked or narrow penis look beautiful”, “100% Ayurvedic”, were not substantiated and are misleading by exaggeration. Also, specific to the claims related to cure for sexual impotency and childlessness (infertility), and claims pertaining to the benefits of the product such as, “Modern Discovery Vacuum Therapy, with instrument for increasing the size of sex organ worth Rs 200/ 300/500’”, “According to the American agency FDA, the vacuum therapy together with the instrument for increasing the size of one’s sex organ and ayurvedic medicines can help one increase the length of their penis to a 7-8” inches one, with a thickness of 4-5”, in only 15 minutes”, “It not only the penis hard and strong but also helps to increase the sex time by 30-45 minutes”, “Helps to cure impotency and other problems like the penis not sustaining an erection for too long, lack of strength in a penis, lack of manliness”, “Helps to make a small, crooked or narrow penis look beautiful”, read in conjunction with the advertisement visual implies that the product is meant for enhancement of sexual pleasure, which is in Breach of the law as it violated The Drugs & Magic Remedies Act. The advertisement contravened Chapters I.1, I.4 and III.4 of the ASCI Code. The complaint was UPHELD. "

 

COMPANY: Japani Instrument
PRODUCT:

COMPLAINT:

"“Japani instrument for increasing the size of one’s sex organ” “Men with small, narrow or crooked penises can now make their penises 8-9” long and extremely thick, thereby enabling them to engage in sex for an extra 30-40 minutes” “Problems like impotency, not sustaining an erection for too long, lack of strength in a penis or childlessness can be solved using this product” “Free medicines for thirty days are provided along with guarantee card” “Free ‘mosti’ oil, ‘Shombhogkola’ magazine, Breast cream, DVD, 8GB memory card can be availed”, “100% ayurvedic.” "

NATURE OF COMPLAINT:

Ham English nahi janta hai. Lakin Ananda Bazar Patrika, Bahat admi ko thakana bala ad data hai. Lakin kuch nahi hota ha. Ad ma Gandha-Gandha bat likhta ha. Please madam kripa kar ka isko dakhiya.

RECOMMENDATION: UPHELD

"The ASCI approached the concerned Media (Ananda Bazar Partika) for their assistance in providing the contact details of the advertiser, or to forward the grievances of the complainant to the advertiser. The CCC noted that no response was received from the advertiser or from the concerned media prior to the due date. The CCC viewed the print advertisement. In the absence of response from the concerned media and comments from the advertiser, the CCC concluded that the claims in the advertisement (in Bengali) as translated in English, “Japani instrument for increasing the size of one’s sex organ”, “Men with small, narrow or crooked penises can now make their penises 8-9” long and extremely thick, thereby enabling them to engage in sex for an extra 30-40 minutes”, “Problems like impotency, not sustaining an erection for too long, lack of strength in a penis or childlessness can be solved using this product”, “Free medicines for thirty days are provided along with guarantee card”, “Free ‘mosti’ oil, ‘Shombhogkola’ magazine, Breast cream, DVD, 8GB memory card can be availed”, “100% Ayurvedic”, were not substantiated and are misleading by exaggeration. Also, specific to the claims implying cure of sexual impotency and childlessness (infertility), and the claims pertaining to the benefits of the product such as, “Japani instrument for increasing the size of one’s sex organ”, “Men with small, narrow or crooked penises can now make their penises 8-9” long and extremely thick, thereby enabling them to engage in sex for an extra 30-40 minutes”, “Problems like impotency, not sustaining an erection for too long, lack of strength in a penis can be solved using this product”, read in conjunction with the advertisement visual implies that the product is meant for enhancement of sexual pleasure, which is in Breach of the law as it violated The Drugs & Magic Remedies Act. The advertisement contravened Chapters I.1, I.4 and III.4 of the ASCI Code. The complaint was UPHELD. "

 

COMPANY:
PRODUCT:

COMPLAINT:

"“White marks - Within 5 to 6 hours the marks will vanish and help return the normal skin colour” “Reshape your sex organ in ways that you desire and also increase the duration of your sex-life as per your wish” “Treatments are done for skin problems, psoriasis and piles.” "

NATURE OF COMPLAINT:

Ham English nahi janta hai. Lakin Ananda Bazar Patrika, Bahat admi ko thakana bala ad data hai. Lakin kuch nahi hota ha. Ad ma Gandha-Gandha bat likhta ha. Please madam kripa kar ka isko dakhiya.

RECOMMENDATION: UPHELD

"The ASCI approached the concerned Media (Ananda Bazar Partika) for their assistance in providing the contact details of the advertiser, or to forward the grievances of the complainant to the advertiser. The CCC noted that no response was received from the advertiser or from the concerned media prior to the due date. The CCC viewed the print advertisement. In the absence of response from the concerned media and comments from the advertiser, the CCC concluded that the claims in the advertisement (in Bengali) as translated in English, “White marks - Within 5 to 6 hours the marks will vanish and help return the normal skin colour”, “Reshape your sex organ in ways that you desire and also increase the duration of your sex-life as per your wish”, “Treatments are done for skin problems, psoriasis and piles”, were not substantiated and are misleading by exaggeration. Also, specific to the claims related to the treatment of psoriasis, white marks, the advertisement is is in Breach of the law as it violated The Drugs & Magic Remedies Act. Specific to the claims implying treatment for Piles, the advertisement is in Breach of the law as it violated Schedule J of The Drugs and Cosmetic Act, 1940 and Rules, 1945. Claim, “Reshape your sex organ in ways that you desire and also increase the duration of your sex-life as per your wish”, read in conjunction with the advertisement visual implies that the product is meant for enhancement of sexual pleasure, which is in Breach of the law as it violated The Drugs & Magic Remedies Act. The advertisement contravened Chapters I.1, I.4 and III.4 of the ASCI Code. The complaint was UPHELD. "

 

COMPANY: "Meeka Restaurants Private Limited"
PRODUCT: Nando’s Chicken

COMPLAINT:

"Try something they can grab with both hands"". ""We don't mind if you go on to touch our buns, breasts or thighs."" "

NATURE OF COMPLAINT:

"Complaint no.1 Print ad asking consumers to 'Try something you can grab with both hands'. Continues with 'touch our buns or breasts or even our thighs'. Sexually suggestive and objectifies female body parts using a double entendre.” Complaint no.2 The advertisement asks customers to ""try something they can grab with both hands"". It goes on to say ""we don't mind if you go on to touch our buns, breasts or thighs."" The advertisement is sexist and offensive. It compares women to chicken. It is suggestive and invites customers to grab and feel body parts of a woman. It is likely to mislead young men into thinking that women are fine with, and even invite such behaviour from men. It can incite sexual violence against women.” "

RECOMMENDATION: UPHELD

"The advertiser was granted an extension of five days to the standard lead time of five days to submit their reply in response to their request for extension of three weeks. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek a personal hearing and submitted their written response. The CCC viewed the print advertisement and considered the Advertiser’s response. Advertiser argues that the advertisement only refers to the dish in picture, which covers substantial advertisement space and therefore the reader is bound to relate the same to the dish in picture rather than any segment of society. In any creative activity like advertisement some degree of artistic freedom is essential and permitted. The CCC concluded that the statements, ""Try something you can grab with both hands"", ""We don't mind if you go on to touch our buns, breasts or thighs”, are sexually suggestive and objectifies female body parts, which is likely in the generally prevailing standards of decency to cause grave and widespread offence. The advertisement contravened Chapter II of the Code. The complaint was UPHELD. "

 

COMPANY: "Test Cracker Education Private Limited "
PRODUCT:"Test Cracker – CAT 2016 coaching"

COMPLAINT:

"95 %ile Guarantee in CAT 2016 Their student Srikant is the Bangalore topper in CAT 2015 Best Results in CAT 2015 Ashank Dubey the best Quant faculty in India "

NATURE OF COMPLAINT:

"These claims are totally misleading and false as a) how can anyone Guarantee a minimum of 95 %ile in CAT? b) Do they have any data from IIMs or any comparision to show that thier student Srikant is topper in CAT 2015 from Bangalore? What is the basis of making this claim? c) How can they say that they have the best results in CAT 2015? They have not shown results and do they have comparative list and proper evidence to prove that they have the best result. d) They can be asked to prove that they have the best Quant faculty in India. Have they done any comparision with other faculty available across India? There is no evidence given for the claims Testcracker is making and all these claim may be misleading and vague. Please ask TestCracker to prove and substantiate the above claims with necessary support data and comparative data”. "

RECOMMENDATION: UPHELD

"The advertiser was granted an extension of five days to the standard lead time of five days to submit their reply in response to their request for extension of three days. The advertiser representatives were also offered personal hearing by the ASCI. The CCC viewed the print advertisement. In the absence of comments from the Advertiser prior to the extended due date, the CCC concluded that the claims, “95 %ile Guarantee in CAT 2016”, “Srikant is the Bangalore topper in CAT 2015”, “Best Results in CAT 2015”, “Ashank Dubey the best Quant faculty in India”, were not substantiated and are misleading by exaggeration. The advertisement contravened Guidelines for Advertising of Educational Institutions and Programs as well as Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD. "

 

COMPANY: "S.Tech Group of Education "
PRODUCT: S Tech I.T School

COMPLAINT:

"No. 1 Biggest Campus"

NATURE OF COMPLAINT:

"This advertisement belongs to all about schools and its facility. This advertisement publish in Newpaper- Rajasthan Patrika 28th march, Bhilwara edition. The same also available online too. (epaper) http://epaper.patrika.com/761202/Rajasthan-Patrika-Bhilwara/28-03-2016#page/11/2 The line of advertisement ""No. 1 Biggest Campus"" is fake. Can they prove it??? "

RECOMMENDATION: UPHELD

The ASCI approached the advertiser for their response in addressing the grievances of the complainant. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claim, "No. 1 Biggest Campus", was not substantiated and is misleading. The advertisement contravened Guidelines for Advertising of Educational Institutions and Programs as well as Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD.

 

COMPANY:Parle Agro Pvt. Ltd
PRODUCT: "Frooti Mango Drink"

COMPLAINT:

"Shah rukh khan interacts with monk and a kid/goat that is painted yellow. I would like to bring attention to the latest ad of frooti featuring Mr.Shah Rukh Khan that has a kid / goat that looks to have been painted yellow. Kindly ensure that this inhumane and unacceptable practice of colouring an animal does not go unpunished so that other corporate houses may not follow such hideous practices in their campaigns. Link for the Ad: https://www.youtube.com/watch?v=IuUyMMXix8M&feature=youtu.be "

NATURE OF COMPLAINT:

 

RECOMMENDATION:NOT UPHELD

The advertiser representatives were given personal hearing by ASCI. The CCC viewed the TVC and considered the Advertiser’s response. Advertiser provided a copy of Pre Approval and NOC from the Animal Welfare Board of India. The CCC concluded that the TVC is not in contravention of the ASCI Code. The complaint was NOT UPHELD.

 

COMPANY: "Nissan Motors India Pvt. Ltd "
PRODUCT: Nissan Sunny

COMPLAINT:

"Nissan ad showing rash and negligent driving by a foreign driver on Mumbai roads. Nissan ad running online shows the foreign driver driving rashly on Mumbai roads. At the start of the ad in 4th sec the driver overtakes the Jeep from the left which is violation of traffic rules and nearly misses a best bus. Same thing is repeated at 50th sec which he rashly changes the lane when bus stops ahead of him. Later misses a oncoming biker while trying to overtake a bike. "

NATURE OF COMPLAINT:

 

RECOMMENDATION: UPHELD

The ASCI approached the advertiser for their response in addressing the grievances of the complainant. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date despite a reminder. The CCC viewed the TVC and concluded that the scenes showing the “driver speaking on the phone”, “vehicles coming from the wrong sides”, “car overtaking from the wrong side”, and the last scene of the “driver not wearing the seat belt”, shows / encourages dangerous / unsafe practices and manifests a disregard for safety. The TVC contravened Chapter III.3 of the ASCI Code and ASCI Guidelines on Advertisements for Automotive Vehicles. The complaint was UPHELD.

 

COMPANY: Bharti Airtel Ltd
PRODUCT:Airtel 4G

COMPLAINT:

“India's widest 4G network”

NATURE OF COMPLAINT:

"Complaint No.1: “Airtel 4G girl is vacationing in remote locations like Mashorba, near Shimla and Umiam lake near Shillong and claims to be India's widest 4G network. I guess some brands refuse to learn from their follies and continue to intentionally mislead consumers. This is the third time I am writing a letter to inform the esteemed Council about misleading ads by Airtel. Airtel, after a short break, recently brought back their Airtel 4G girl to talk about the width of the Airtel 4G network. The ads being aired across different channels shows the Airtel 4G girl vacationing with her friends in locations like Mashorba, near Shimla and Umiam lake near Shillong. The ad goes on to show how Aritel has 4G connectivity in such remote locations claiming it is Indias Largest 4G network. While I dont know about rest of India, I can vouch for the fact that Airtel 4G is definitely not available in either of these two places. Just two weeks back, while I was backpacking through Northern India, I happened to be in Shimla and visited the beautiful peaks (the only truth in the ads). While even 3G connectivity was inconsistent in the area, 4G coverage was not present at all. While I was in Himachal, at the other extreme of our country, my parents were on a tour of the seven sisters. When they were in Shillong, we were trying to do a video call but couldnt enjoy seamless services thanks to neither of us receiving any 4G connectivity.” Complaint No.2: “Now a days airtel is showing advertise of showing availability of 4G network at high altitude area. But it's 3G network is not working properly at most of Indian region. 4G is very long. Airtel is fooling people. And making false advertise. Save us from their fake advertising” "

RECOMMENDATION:NOT UPHELD

The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek a personal hearing and submitted their written response. The CCC viewed the TVCs and considered the Advertiser’s response. As claim support data, the advertiser provided the COAI letter which acts as a third party proof of their coverage in locations across the country, and screenshots showing evidence of 4G coverage near the mentioned locations. Advertiser states that they are making this claim based on the fact that Airtel is the only operator having 4G network in 15 out of the 22 telecom circles spread across 300+ towns as of 2nd March, 2016 including the locations near Mashorba, near Shimla and near Umiam lake near Shillong. The CCC concluded that the claim, “India's widest 4G network”, was substantiated. The complaints were NOT UPHELD.

 

COMPANY: "Suzuki Motorcycle India Pvt Ltd "
PRODUCT: Suzuki Gixxer

COMPLAINT:

"“Our client namely, Bajaj Auto Limited is propagating through several advertisements that its brand namely, Pulsar RS 200 has won the most number of awards in the financial year (April-March) 2015-16 (i.e. 14 awards). The list of awards won by Pulsar RS 200 is detailed in the Annexure A. Suzuki Motorcycle India Private Limited has also issued advertisements claiming that their brand Suzuki Gixxer is “Most Awarded Bike of the Year 2015-16”, wherein they have listed 19 awards allegedly won by their Gixxer motorcycle model. The print advertisements have been released claiming that they are the “Most Awarded Bike of the Year 2015-16”. On the contrary, we have been given to understand that Suzuki Motorcycle has won only 6 (six) awards for the Gixxer motorcycle model during the financial year (April-March) 2015-16. Attached as Annexure C, is such list of awards purportedly won by Suzuki Gixxer model. Therefore, the advertisements released by Suzuki Motorcycle appear to create a false impression that their brand Gixxer has won 19 awards during the financial year 2015-16 alone, which is a blatant effort aimed at misleading the common public to a wrong understanding that their motorcycle Suzuki Gixxer is indeed the most awarded bike of the financial year 2015-16. This advertisement of Suzuki Motorcycle is not only misleading the consumers but also adversely impacting the stature and brand equity of our client Bajaj Auto Limited, that we have built through our joint efforts with them. Hence, we have to state that the claims made by Suzuki Motorcycle as aforesaid are false and misleading and it directly contravenes the basic principle of code of self-regulation in advertising laid by ASCI.”"

NATURE OF COMPLAINT:

RECOMMENDATION: UPHELD

"The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek a personal hearing and submitted their written response. The CCC viewed the print advertisement and considered the Advertiser’s response and the supporting data provided by the complainant. Advertiser stated that they referred to Bajaj Auto Limited website which read 14 awards and assured that this is a bonafide mistake which they are willing to correct. The CCC concluded that the claim that Suzuki Gixxer is “Most Awarded Bike of the Year 2015-16”, with the picture of 19 awards shown at the bottom of the advertisement, is false and misleading, as Suzuki Gixxer has won only 6 awards in 2015-16. The advertisement contravened Chapters I.1 and I.4 of the Code. The complaint was UPHELD. "

 

COMPANY: "Hindustan Unilever Ltd"
PRODUCT: Rexona Roll On

COMPLAINT:

“Ten times (10X) Protection”

NATURE OF COMPLAINT:

"We recently came across a TV commercial of Rexona – Roll On which we believe makes claims that are unsubstantiated, exaggerated and thus likely to mislead the public. Our main objection is to the exaggerated claim of 10X (Ten Times), inadequate disclosures as regards the basis of which such a claim is being made by the Advertiser on a TVC of “Rexona- Roll on” as explained herein below. 1. Claims made in the TVC The TVC among other things carries a claims ten times (10X) Protection. In this regard, we would like to submit that - a. The TVC does not mention the basis or the research study if any, in support of the above claim. b. Further the claim ten times (10X) Protection is confusing, incomplete and misleading in the sense it doesn’t explain 10X compared? We submit the claims made in the said TVC are inconsistent, not truthful and are neither substantiated nor adequately disclosed. The claims made in the TVC are exaggerated by implication and is distorting the facts by omission and ambiguity and thus likely to cause confusion amongst the consumers and mislead the viewers. We request ASCI to call upon the advertiser to substantiate its claims and adequately disclose the source (the name of institution/ agency that did the clinical study) and the date / period during which the clinical study was done in all its communication pertaining to the impugned product including in its pack declarations failing which the advertiser should be directed to make necessary correction or withdraw the TVC forthwith.” "

RECOMMENDATION: UPHELD

"The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek a personal hearing and submitted their written response. As claim support data, the advertiser provided Hot Room study to evaluate the efficacy of talcum powder and Rexona for women antiperspirant Roll-On. The claim support data was reviewed by the technical expert of ASCI. The CCC viewed the TVC and considered the Advertiser’s response as well as the opinion of the Technical expert presented at the meeting. The advertiser gave an in-house study-test of the product compared to talcum powder. The test was claimed to be in line with US FDA monograph (Volume 68 No. 110, June 9, 2003). Arising from the test, talcum powder and the Rexona Roll-on showed 1% and 40% respectively of the Average Sweat Weight Reduction (ASWR). Based on the above opinion, the CCC concluded that the claim of Rexona Roll provides “Ten times (10X) Protection”, was substantiated. However, the claim, “Ten times (10X) Protection”, is misleading by omission of qualifiers and reference to the comparison to talcum powder. The advertisement contravened Chapter I.4 of the Code. The complaint was UPHELD. "

 

COMPANY:"Gujarat Co-operative Milk Marketing Federation Ltd"
PRODUCT: Amul

COMPLAINT:

"Amul have one advertisement in which mother was shown as using knife to apply butter, father also used the utensil similar to knife or it may be knife also which is not clear in video, and Same thing used by kida to apply the butter on bread, after applying it on bread, remaining butter on knife is eaten by child using knife only. Thing used by child, is knife then, this particular ad can encourage children to use knife for eating any eatables which can be harmful, please inquire on this matter. "

NATURE OF COMPLAINT:

 

RECOMMENDATION:NOT UPHELD

The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek a personal hearing and submitted a copy of the TVC and the details of Advertising Agency handling this account. Advertiser did not provide their comments on this complaint. The CCC viewed the TVC and concluded that the visual showing the child licking butter, was not objectionable as the knife appears to be a butter knife. The complaint was NOT UPHELD.

 
 

COMPANY: Kellogg India P. Ltd
PRODUCT:Kelloggs Chocos Mascot in Chota Bheem

COMPLAINT:

The use of coco (the kelloggs mascot) in the chota bheem series of cartoon. During the show, Coco; the mascot mentions that kellogs moons and stars (the conrflakes) is wholesome. This is misrepresented and also it compares it to one chapathi. Kelloggs cornflakes contains sugar which is not the right kind of food for children. There is an issue with the whole concept of a cartoon character associating with a sugar laden food. Apart from that the two pieces that I feel gives an idea of the food being wholesome, nutritious and should be eaten regularly or whenever a person is hungry is as follows: The timing is: 1. 4.50-5.11 2. 19-30 till the end.

NATURE OF COMPLAINT:

 

RECOMMENDATION: UPHELD

"The advertiser was granted an extension of five days to the standard lead time of five days to submit their reply in response to their request for extension. The advertiser representatives were given personal hearing by ASCI. Advertiser states that Kellogg’s Chocos Moons and Stars is a nourishing food as it is a source of protein and fibre and fortified with 11 essential vitamins and minerals while being low in fat and that there is no misrepresentation regarding the said product. No comparison has been made to a chapathi (even though Kellogg’s Chocos Moons and Stars is made with wholegrain wheat similar to a chapathi). The advertiser does not agree that the product is “sugar laden food” as the packaging of the product recommends a serving of 30 g along with 120 ml skim milk. Advertiser has provided the link to access the Kellogg Worldwide Marketing and Communications Guidelines, and they state that the Communications on Kellogg’s Chocos Moons and Stars is in compliance with the global Guidelines. The claim support data was reviewed by the technical expert of ASCI. The CCC viewed the relevant parts of the TV program with product placement and considered the Advertiser’s response as well as the opinion of the Technical expert presented at the meeting. Claim - “Kellogg’s moons and stars (the cornflakes) is wholesome.” Kellogg's Chocos Moons and stars is low in fat because it contains 3.0 g of fat per 100 g. Kellogg's Chocos Moons and Stars is a source of protein because it contains 8.6 g of protein per 100 g. Kellogg's Chocos Moons and Stars is a source of fibre because it contains 3.5 g of fibre per 100 g. The declaration on the pack says Kellogg’s chocos is made out of whole grain (wheat), enriched with vitamins and minerals and gives around 200 calories per serving. Chocos is also enriched with proteins and fat when it is taken along with milk. Since the chocos is containing the above nutrients, the claim ‘wholesome’ is not objectionable. This complaint was NOT UPHELD. The CCC noted that the particular TV program clipping did not have the comparison to a chapathi. This complaint was NOT UPHELD. Claim – “Kellogg’s chocos - Isse behetar kya ho sakta hai” The CCC noted that the TV program has reference that chocos should be eaten every time one is hungry and also mentions “Isse behetar kya? (what else can be better than this?). This claim implies that Kellogg’s chocos is recommended as a better food option and can be had several times. The TVC contravened Guidelines on Advertising of Food and Beverages. (Clause # 3 and #7 – (“Advertisements should not disparage good dietary practice or the selection of options, such as fresh fruits and vegetables that accepted dietary opinion recommends should form part of the normal diet”, “Advertisements for food and beverages unless nutritionally designed as such should not be promoted or portrayed as meal replacement.”) This complaint was UPHELD. "

 
 

COMPANY: "Mondelez India Foods P. Ltd"
PRODUCT:Tang

COMPLAINT:

"Tang has great fruit taste and goodness of Iron and Vitamins. The visual show Vitamins A B C and Iron. Objections – 1. What is the amount of A B and C and Iron is in Tang. Is the amount of Vitamins and Iron in one serving is sufficient to give goodness of these minerals. Substantiate this statement with a certificate from independent study. 2. The same claim is also made on the packet of Tang promoting it as a drink having Vitamins and Iron. This is misleading. 3. The TVC shows that a mother asks her son if he got oranges for his grandmother. He says he has got it and then mixes tang in water and gives it to his grandmother saying it is orange juice. This by implication means that Tang is as good as real orange juice which is false. How can a synthetic drink which is full of sugar and preservatives substitute for real fruit juice. Thus we propose that the advertiser modify or withdraw the advertisement immediately” "

NATURE OF COMPLAINT:

 

RECOMMENDATION:NOT UPHELD

"The advertiser representatives were given personal hearing by ASCI. The CCC viewed the TVC and considered the Advertiser’s response. The CCC noted that the TVC does not make specific claims regarding the amount of Vitamins or their sufficiency as per RDA in the TVC. The CCC did not find the reference to declaration of ingredients to be objectionable. The CCC noted that the claim in the TVC reads as “Tang mein hai great fruit taste aur Iron aur vitamins ki Acchai” and in that context, concluded that the claim that “Hai na aap ke jheelwali oranges ki tarah” is not false. Also, the TVC does not imply that Tang is a substitute for real fruit juice. The complaint was NOT UPHELD. "

 

COMPANY: "GAIA Range of Health Foods and Nutritional Supplements "
PRODUCT:

COMPLAINT:

“Gaia’s range of health foods and nutritional supplements helps boost your immunity to keep you healthy in all weather conditions.”

NATURE OF COMPLAINT:

"“This is to bring to your kind notice that a company named ""GAIA"" is making various health claims in their advertisements. I am reluctant to buy their products as i am not not very sure as to on what basis they are making such claims and how true and fair their claims are. As per my limited knowledge, a company needs to have a basis before making any claim on their packages which are being offered to consumers for consumption. I am attaching herewith the copy of the advertisement for your perusal and reference.” "

RECOMMENDATION: UPHELD

The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek a personal hearing and submitted their written response. The CCC viewed the print advertisement and considered the Advertiser’s response. Advertiser states that the claim made is bonafide and made on the strength of the ingredients used in their products that have proven, time-tested and widely acknowledged health benefits. Advertiser did not provide any clinical evidence or proof of efficacy for the product in support of the claim. The CCC concluded that the claim, “Gaia’s range of health foods and nutritional supplements helps boost your immunity to keep you healthy in all weather conditions”, was not substantiated and is misleading. The advertisement contravened Chapters I.1 and I.4 of the Code. The complaint was UPHELD.

 

COMPANY:Win-–Medicare Pvt. Ltd (Umesh Modi Group)
PRODUCT: "Mederma"

COMPLAINT:

"1. “Visibly reduces scars resulting from surgery, injury, burns, acne and stretch marks” 2. “Visibly reduces scars in 8 weeks” 3. “Mederma is the No.1 Doctor recommended product in USA for scars” "

NATURE OF COMPLAINT:

"1. What scientific studies substantiate the claims and the quantification in 1 & 2 above? 2. Are there independent studies to prove the claim 3? 3. Results depend on the length, skin type, age and location of the scar is given on one side of the ad in extremely small, almost illegible font. Information is illegible, inadequate and misleading. 4. What studies are the bases for the claim and what are the range and extent of efficacy in comparison to claims?” "

RECOMMENDATION: UPHELD

"The Advertiser was offered an opportunity for Personal Hearing with the ASCI. The advertiser representatives did not seek personal hearing and submitted their written response. The advertiser sought additional time of seven days to respond to the complaint which was granted to them. The CCC viewed the print advertisement and considered the Advertiser’s response. As claim support data, Advertiser submitted Study Report of IDE, Extracts from Journal of Cosmetics Dermatology and USA Prescription Data of IMS. Advertiser argues that their claims are based on Merz Asia Pacific Pte. Ltd., Singapore (MERZ) from whom they have acquired rights to manufacture, market, distribute and sell product MEDERMA in India. The CCC concluded that in the absence of any evidence of proof of efficacy of the advertised product, the claims “Visibly reduces scars resulting from surgery, injury, burns, acne and stretch marks”, “Visibly reduces scars in 8 weeks” were not adequately substantiated. The CCC also noted that the USA Prescription Data of IDE for the claim “Mederma is the No.1 Doctor recommended product in USA for scars” is an old data of 2013 ie not recent or current and hence not acceptable. The claims are misleading by ambiguity and the advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD. "

 

COMPANY: Dr. Basu’s Eye Hospital (Treatment for Cataract without Operation)
PRODUCT: Isotin Eye Drops

COMPLAINT:

" “Treatment of cataract surgery without operation” Complaint: “‘Dr. Basu’s Eye Hospital’s – Isotin Eye Drops and Treatment of cataract surgery without operation by dr.basu eye hospital Bareli (U.P). This ad is considered misleading under the drugs and magic remedies (objectionable advertisements) act of the GOI.” "

NATURE OF COMPLAINT:

 

RECOMMENDATION: UPHELD

The ASCI approached the advertiser for their response in addressing the grievances of the complainant. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The CCC noted that no response was received from the advertiser prior to the due date. The CCC viewed the print advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claim (in Hindi), “New discovery in Ayurveda - Treatment of cataract without operation with Isotin drops” (“Ayurvedic kshetra mein nayee khoj, treatment of catract without surgery with Isotin Eye Drops”) was not substantiated and was grossly misleading by exaggeration. Also, the claim, is in Breach of the law as it violated The Drugs & Magic Remedies Act. The advertisement contravened Chapters I.1, I.4 and III.4 of the ASCI Code. The complaint was UPHELD.

 

COMPANY: "One Mobikwik Systems Pvt. Ltd (Mobikwik) "
PRODUCT: (Get Rs 500 Cashback)

COMPLAINT:

"“Pay via Mobikwik (Get Rs. 500 Cashback) While making payment there was an option to pay via mobile wallet via Mobikwik (Get Rs. 500 Cashback). On both the booking i used Mobikwik for payment considering I would get &500x2 Cashback. But till date there is no cashback. Mobikwik says there is no cashback for payment below &2500. But nosuch Terms and Conditions were mentioned on the site while making the payment.Get Rs. 500 Cashback deceives the customer to pay via Mobikwik!” "

NATURE OF COMPLAINT:

 

RECOMMENDATION: UPHELD

The Advertiser was offered an opportunity for Personal Hearing with the ASCI. The advertiser representatives did not seek personal hearing and submitted their written response. The CCC viewed the Internet Ad and considered the Advertiser’s response. Advertiser argues that the promotion / offer of Rs. 500/- Cashback was on a minimum transaction of Rs. 2,500/- with Make My Trip. The terms and Conditions of the said promotion were posted on the Ad-promo itself in addition to Company’s website, application and mailers. The Company released the concerned Ad-Promo with appropriate Terms & Conditions. However, CCC noted that the Advertiser did not submit the Ad-Promo released with the said terms and conditions for verification prior to the due date. The CCC viewed the screenshots of twitter correspondence provided by the complainant and noted that the Advertiser had updated the terms and conditions on the website post complainant’s feedback. The CCC concluded that the claim “Pay via Mobikwik (Get Rs. 500 Cashback)” was misleading by ambiguity and omission of a qualifier. The internet promo advertisement contravened Chapter I.4 of the ASCI Code. The complaint was UPHELD.

 

COMPANY: Shree Maruti Herbal
PRODUCT:

COMPLAINT:

"Thousands of couples have rediscovered passion in their lives”

NATURE OF COMPLAINT:

"Thousands of couples have rediscovered passion in their lives”

RECOMMENDATION: UPHELD

The ASCI approached the advertiser for their response in addressing the grievances of the complainant. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The CCC noted that no response was received from the advertiser prior to the due date. The CCC viewed the print advertisement and concluded that the claim, "Thousands of couples have rediscovered passion in their lives”, read in conjunction with the visual in the advertisement and pack visual, is misleading and also implies that the product is meant for enhancement of sexual pleasure which is in Breach of the law as it violated The Drugs & Magic Remedies Act. The advertisement contravened Chapters I.4 and III.4 of the ASCI Code. The complaint was UPHELD.

 

COMPANY: Vodafone India Ltd
PRODUCT:Vodafone 4G

COMPLAINT:

"“Vodafone India claims its an supernet 4g because of some 6 points. Here point 4. Network Roll-out: Over the last three months we have completed a massive roll-out of new cell sites and we continue to roll out new sites. We rolled out more than 5 sites/hour to ensure you get a superior network and wider coverage- it's impossible to update 5sites/hour. Here point 6. 4G Experience: Our 4G network on the superior 1800 MHz spectrum offers not just blazing speeds but also better indoor coverage-- 700 mhz, 850 mhz, 900 mhz it's really provide better indoor coverage. Fooling customers by misleading advertising. "

NATURE OF COMPLAINT:

 

RECOMMENDATION:NOT UPHELD

The CCC viewed the website/internet screenshot advertisement and considered the Advertiser’s response. Advertiser argues that SuperNet is a coined word pending trademark registration and as there is no specific claim associated with SuperNet coined word its use in advertisement cannot be objectionable. Advertiser submitted an independent audit certificate to support their claim “Network Roll out of more than 5 sites/hour to ensure you get a superior network. For claim “wider coverage and 4G network on the superior 1800 MHz spectrum offers not just blazing speeds but also better indoor coverage”, the advertiser submitted GSMA report regarding superiority of 1800 MHz for indoor coverage Vs bands greater than 2 GHZ. The complaint was therefore was NOT UPHELD.

 

COMPANY: "One97 Communications Limited (Paytm) "
PRODUCT:

COMPLAINT:

“24/7 care”

NATURE OF COMPLAINT:

 

RECOMMENDATION: UPHELD

The Advertiser was provided an opportunity to discuss their submission via tele-conferencing. The CCC viewed the website advertisement and considered the Advertiser’s response. Advertiser argues that they provide 24x7 customer support, to support marketing services related queries and an IVR support system to address queries and grievances of recharge and utility bill payments, followed by a personal support, if required. The CCC noted that this information is not present in the communication and the IVR can not be considered as a 24X7 support. The CCC concluded that the claim “24/7” is misleading by ambiguity and omission of the details of the specific services for which the claim is valid. The website advertisement contravened Chapter 1.4 of the ASCI Code. The complaint was UPHELD.

 

COMPANY: M/S Whirpool of India Ltd.
PRODUCT: "Whirlpool 3D Cool Xtreme AC"

COMPLAINT:

"1. 3 times more powerful cooling 2. 6th sense climate control 3. 3D powercool technology 4. DFC technology 5. PM 2.5 Filtration 6. Uninterrupted cooling even in extreme conditions 7. Cools the room instantly 8. Health protection "

NATURE OF COMPLAINT:

"Our objections: 1. What is meant by 3 times more powerful cooling? 3 times more powerful cooling is in comparison to what? The claim is subjective and needs substantiation. 2. What is 6th sense climate control? This claim needs to be substantiated and certified by a competent authority. What is 3D Powercool Technology? Is it recognized by an independent agency and certified by a competent authority? Is the technology unique to this brand? 3. What is DFC technology? Is it recognized by an independent agency and certified by a competent authority? Is the technology unique to this brand? 4. What is PM 2.5 Filtration? This claim needs to be substantiated and certified by a competent authority. Is the technology (PM 2.5 Filtration) unique to this brand? 5. What are the extreme conditions considered for the claim no. 6? This claim needs to be substantiated and certified by a competent authority. 6. In the claim- Cools the room instantly what time frame is meant by instantly? This claim needs to be substantiated and certified by a competent authority. The claim using instantly is misleading by and implication. 7. What is the health protection provided by the air-conditioner? This claim needs to be certified by a competent authority. 8. Claims 1-8 are not substantiated with independent research data. Action to be taken: We propose that the advertisement should be immediately withdrawn.” "

RECOMMENDATION: UPHELD

"The Advertiser was offered an opportunity for Personal Hearing with the ASCI. The advertiser representatives did not seek personal hearing and submitted their written response. The claim support data was reviewed by the technical expert of ASCI. The CCC viewed the magazine advertisement, and considered the Advertiser’s response as well as opinion of the Technical expert presented at the meeting. The CCC noted the Advertiser’s response that in the concerned magazine advertisement the legal disclaimers supporting the claims were missed by the advertising agency by error. “3 times more powerful cooling” - The advertiser provided test data which showed that their product gave an air throw of 12 meters as opposed to another of their own products that had a throw of 4 meters, a 3x factor. The test also compared the cooling rate of this product against their own other product and a competitor’s product, where it gave a 48% faster cooling. The CCC concluded that the claim of 3 times more powerful cooling is proven in terms of air throw distance, but not in terms of speed of cooling the room. The claim is not adequately substantiated and is misleading by ambiguity. The advertisement contravened Chapters I,1 and I.4 of the ASCI Code. This complaint was UPHELD. 6th sense climate control - The advertiser argues that “6th sense” is a registered trademark of Whirlpool and further explains that their product has modes that set the target temperature on the basis of the room temperature, which is the essence of ""6th sense"". The CCC noted that in the communication the words 6th sense and climate control appear together and the advertiser did not provide any test data to prove this featured claim of “6th Sense Climate control”. This claim is not adequately substantiated and is misleading by implication. The advertisement contravened Chapters I,1 and I.4 of the ASCI Code. This complaint was UPHELD. 3D powercool technology - The advertiser claims that the product has side vents on the indoor unit (a feature unique to them) that gives better air circulation which they claim to be a feature and not a claim. The test data in reports cited earlier do support this claim of more air flow and greater throw. Hence, this claim was substantiated. This complaint was NOT UPHELD. DFC technology - The advertiser states that DFC refers to a provisional patent-applied (not granted) technology of dual fan compressor (DFC). This claim was substantiated. This complaint was NOT UPHELD. PM 2.5 Filtration - As per independent NABL-approved test data provided in Annexure 8, the product has air filters that filters PM2.5 (meaning particles of size2.5 micrometers or larger). This complaint was NOT UPHELD. Uninterrupted cooling even in extreme conditions - As per test data provided in Annexures 4-A,B,C, the product functions under adverse conditions of high ambient temperature of 55 deg C and low voltage of 195 V and a combination of the two. Hence this claim was substantiated. This complaint was NOT UPHELD. Cools the room instantly - The advertiser claims that in a turbo setting of the product, the product compressor turns on immediately as against a 3-minute delay that some ACs and some AC modes have. Therefore, the cooling action starts immediately but the CCC noted that the the room would not cool instantly. The claim ""cools the room instantly"" is not substantiated and is misleading by exaggeration. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. This complaint was UPHELD. Health protection - The advertiser’s claim is based on the product's additional air filter that filters PM2.5 (meaning particles of size >2.5 micrometers), which may have health benefits as per secondary reports, such as a WHO document provided. The advertiser did not provide evidence to validate this claim that the product confers health benefit as is implied. The claim is not adequately substantiated and is misleading by implication. The magazine advertisement contravened Chapters I.1 and I.4 of the ASCI Code. This complaint was UPHELD. "

 

COMPANY:"Reckitt Benckiser (India) Pvt. Ltd "
PRODUCT: Durex Condom

COMPLAINT:

Please look at this advertisement of durex. It should be banned. My objection is that this ad shows unwanted scenes and insulting man.

NATURE OF COMPLAINT:

RECOMMENDATION:NOT UPHELD

"The Advertiser was offered an opportunity for Personal Hearing with the ASCI. The advertiser representatives did not seek personal hearing and submitted their written response. The CCC viewed the internet Advertisement, and considered the Advertiser’s response. Advertiser argues that in the said advertisement, the man is simply watching TV while his partner is asking him to change the channel if he is not watching the cricket match. The advertisement inherently requires some depiction of intimate scenes/bold scene, but they have been very careful and responsible in avoiding the Indecency or vulgarity and put the communication in more humorous and subtle way. The CCC noted that the internet advertisement (Durex – “Full length” concept) available on the Advertiser’s YouTube channel was age-gated. The CCC viewed the advertisement with reference to “Full length”. The CCC observed the advertising content to be crude in terms of sexually suggestive content; However, with viewership restricted to adults, did not find the YouTube advertisement to be likely to cause grave or widespread offence. This complaint was NOT UPHELD. "

 

COMPANY: DoSeat, Inc., (DoSeat.com)
PRODUCT:

COMPLAINT:

"Complaint 1 The link to an YouTube ad which is not only offensive buy unethical as well also the fact that it randomly shows up on any video is something I think should be stopped as well. Hope you take appropriate steps. Complaint 2- Mera khada hai...mera teen maheenay say khada hai.. than a girl say khada toh mera bhi hai ...they zoom out to all of the persons were standing with there two wheelers and talking about there scooter. it’s very VULGAR and cheap style to attract a viewer by adding a double meaning line. they should replace it, its not appropriate at all. "

NATURE OF COMPLAINT:

 

RECOMMENDATION: NOT UPHELD

"The advertiser representative was given personal hearing by ASCI. The CCC viewed the website advertisement and considered the Advertiser’s response. Advertiser argues that their communication is direct and talks about people not being able to sell their two wheelers. The CCC viewed the advertisement and considered the use of the words “Khada Hai” to be crude and sexually suggestive. However, the CCC did not consider the Internet advertisement to be likely to cause grave and widespread offence. The complaints were NOT UPHELD. "

 

COMPANY: Colgate-Palmolive (India) Ltd
PRODUCT:"Colgate Total Charcoal-Deep Clean"

COMPLAINT:

“Colgate Total Toothpaste – now with charcoal”

NATURE OF COMPLAINT:

"The advertisement shows the charcoal particles passing between the teeth and the comment says that they pass between the teeth and fight the germs. The charcoal particles have no capacity to either pass through between two teeth, nor do they have the capability to ‘Fight’ the germs. The advertisement is misleading making false claims. "

RECOMMENDATION: NOT UPHELD

The Advertiser was offered an opportunity for Personal Hearing with the ASCI. Advertiser argues that the demo as well as the voice over in the TVC explains the benefit of unique formulation of the toothpaste as a whole, which is cleaning in-between teeth by fighting germ build up. The advertiser substantiated anti-microbial effect of the product. The CCC concluded that the TVC is a creative depiction and is not in contravention of the ASCI code. The complaint was NOT UPHELD.

 

COMPANY: Bankbazaar.com
PRODUCT: "Bhartiya Jan Dhan Credit Scheme"

COMPLAINT:

"The ad stated ""Bhartiya Ghar Ghar Dhan Credit Scheme"" and had a look and feeling of a government scheme (Picture attached). However, on clicking it redirected me to a website called bankbazaar.com. The ad is misleading and trying to get leads by portraying the ad as a government scheme. The Ad says ""Bhartiya Ghar Dhan Credit Scheme"" when it came as a mail in my email inbox. When clicked it redirected me to www.bankbazaar.com. I feel this as a fraud advertisement as the way ad was portrayed seemed to be a government scheme, but it was a private advertisement and for credit cards and a strict action should be taken against the company. Website- https://www.bankbazaar.com/creditcard.html?variant=slide&variantOptions=mobileRequired&headline=HEADLIN E_CC_Lifestyle&WT.mc_id=bb16_cc_pub1155&utm_source=bb16&utm_medium=referral&utm_campaign=credit Complaint 2: “I received the below mentioned email which gives an impression of a new scheme launched by the Government of India. However, when I click the given link it takes me to www.bankbazaar.com and asks for private information like annual salary, date of birth, bank accounts & Credit Card that I have and also my contact details. It appears that the website is trying to mis-sell its financial products to unsuspecting general public by giving them a false impression of this being a Government of India scheme. I request you to look into this matter with utmost urgency to protect the interest of general public. "

NATURE OF COMPLAINT:

 

RECOMMENDATION: UPHELD

The Advertiser was offered an opportunity for Personal Hearing with the ASCI. The advertiser representatives did not seek personal hearing and submitted their written response. The CCC viewed the email advertisement of Bharatiya Jan Dhan Credit Scheme and considered the Advertiser’s response. Advertiser stated that they conducted internal check and found that the disputed email advertisement was disseminated by a third party advertising agency. The advertiser regrets this incident. The CCC concluded that the email advertisement is posing like a Government scheme and is misleading the consumers by ambiguity and implication. The email advertisement contravened Chapter I.4 of the Code. The complaints were UPHELD.

 

COMPANY: Rajnish Hot Deals Pvt. Ltd
PRODUCT: Play Win Plus Capsules

COMPLAINT:

"It is observed that, you have published the advertisement about the Ayurvedic product namely “PLY WIN CAPULES” in your publication of Maharashtra Times dated 27/02/2016 on page no.5. On perusal of this advertisement, it is observed that, the following information pertaining the above mentioned product is objectionable. As the advertisement of the product “PLY WIN CAPSULES” suggest for the maintenance or improvement of capacity of human beings for sexual pleasure. The above information advertised by you, of the said drug contravened the provision of Section 3(d) read with Schedule Sr. No. 45 and Section 4 of the subject Act and Rules, punishable under Section (7) of the said Act. "

NATURE OF COMPLAINT:

 

RECOMMENDATION: UPHELD

The ASCI approached the advertiser for their response in addressing the grievances of the complainant. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The CCC noted that no response was received from the advertiser prior to the due date. The CCC viewed the print advertisement of PlayWin Plus. In the absence of comments from the Advertiser, the CCC concluded that the claims (in Marathi) “And, what continues the whole night? Quick results, one capsule one hour prior, get a surge of energy, for better results use PlayWin oil”, in the advertisement read in conjunction with the pack visual and the advertisement visual is misleading and implies that the product is meant for enhancement of sexual pleasure, which is in Breach of the law as it violated The Drugs & Magic Remedies Act. The advertisement contravened Chapters I.4 and III.4 of the ASCI Code. The complaint was UPHELD.

 

COMPANY: Shree Maruti Herbal
PRODUCT:Stay On Powder & Capsules

COMPLAINT:

"It is observed that, you have published the advertisement about the Ayurvedic product namely “Stay-On Powder & Capsules” in your publication of Maharashtra Times dated 27/02/2016 on page no.5. On perusal of this advertisement, it is observed that, the following information pertaining the above mentioned product is objectionable. As the advertisement of the product “Stay-On Powder & Capsules” suggest for the maintenance or improvement of capacity of human beings for sexual pleasure. The above information advertised by you, of the said drug contravened the provision of Section 3(d) read with Schedule Sr. No. 45 and Section 4 of the subject Act and Rules, punishable under Section (7) of the said Act. "

NATURE OF COMPLAINT:

 

RECOMMENDATION: UPHELD

The ASCI approached the advertiser for their response in addressing the grievances of the complainant. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The CCC noted that no response was received from the advertiser prior to the due date. The CCC viewed the print advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claims (in Marathi) “Stay on, fuel for liveliness and reason for women’s shringar” read in conjunction with the visual in the advertisement and pack visual, is misleading and implies that the product is meant for enhancement of sexual pleasure, which is in Breach of the law as it violated The Drugs & Magic Remedies Act. The advertisement contravened Chapters I.4 and III.4 of the ASCI Code. The complaint was UPHELD.

 

COMPANY: Dindayal Industries Limited
PRODUCT:303 Capsules

COMPLAINT:

"It is observed that, you have published the advertisement about the Ayurvedic product namely “303 Capsules” in your publication of Maharashtra Times dated 27/02/2016 on page no.5. On perusal of this advertisement, it is observed that, the following information pertaining the above mentioned product is objectionable. As the advertisement of the product “303 Capsules” suggest for the maintenance or improvement of capacity of human beings for sexual pleasure. The above information advertised by you, of the said drug contravened the provision of Section 3(d) read with Schedule Sr. No. 45 and Section 4 of the subject Act and Rules, punishable under Section (7) of the said Act. "

NATURE OF COMPLAINT:

 

RECOMMENDATION: UPHELD

The ASCI approached the advertiser for their response in addressing the grievances of the complainant. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The CCC noted that no response was received from the advertiser prior to the due date. The CCC viewed the print advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claims (in Marathi) “Very effective for men, the only capsule in India for men’s vigour, effective from day one” read in conjunction with the visual in the advertisement and pack visual is misleading and implies that the product is meant for enhancement of sexual pleasure, which is in Breach of the law as it violated The Drugs & Magic Remedies Act. The advertisement contravened Chapters I.4 and III.4 of the ASCI Code. The complaint was UPHELD.

 

COMPANY:State Bank of India
PRODUCT: Savings account for minor

COMPLAINT:

"“I saw an advertisement on SBI website. This was regarding a Minor Account called Pehla Kadam. It promises that their will be a minor saving acount with a photo debit card and internet banking facility with limited transaction right. upto rs.5000 perday. But I opened the acount for my daughter who was 1 year last year. but till date there is no features as promised and also no support from the branch, customer care or the sbi helpline mail id. Please help me so that I can get all the features as promised. Following are the features that has not been provided to me by SBI: I am not able to do any transactions through net banking as promised in the advertisement by SBI( daily transaction limit of upto Rs.5000). I have not yet received the ""Phela Kadam"" debit card with photo of my daughter engraved on it.” "

NATURE OF COMPLAINT:

RECOMMENDATION: NOT UPHELD

The CCC viewed the internet Advertisement, and considered the Advertiser’s response. Advertiser states, as per the scheme, so far more than 5 lacs accounts are opened and over 4 lacs photo debit cards have been issued so far. The account holders are enjoying INB facilities with limited features also. Advertiser acknowledged that there are some problems in stray cases due to technical issues. The CCC noted this to be an unintentional lapse on the part of the advertiser in fulfillment of a claim. The advertiser has assured to take prompt action to make good the deficiency to the consumer. The complaint was NOT UPHELD.

 

COMPANY: "Bharti Airtel Ltd(Airtel) "
PRODUCT: Project Leap

COMPLAINT:

"“Airtel claims 13,000 additional sites coming up by Mar16” “11,500 additional high speed data sites coming up by Mar16.” Complaint: “Airtel claims 13,000 additional sites coming up by Mar16 & 11,500 additional high speed data sites coming up by Mar16.March 16 has ended. But still Airtel claims 13,000 additional sites coming up by Mar16 & 11,500 additional high speed data sites coming up by Mar16.” "

NATURE OF COMPLAINT:

 

RECOMMENDATION: NOT UPHELD

 

 

COMPANY:Razorbill
PRODUCT: "RazorSlim Ayurvedic Instant Slimming Capsules"

COMPLAINT:

"“RazorSlim Ayurvedic Instant Slimming Capsules”, “is of a medicinal product that promotes weight loss with No Exercise and No Diet. Also shows a visible photoshopped pic of a model to promote the product. Misleading Ad promotes weight loss without diet and exercise. Uses unnatural images to sell concept. No safety or contraindication data if medicine stated.” "

NATURE OF COMPLAINT:

 

RECOMMENDATION: UPHELD

The Advertiser was offered an opportunity for Personal Hearing with the ASCI. The advertiser representatives did not seek personal hearing and submitted their written response. The CCC viewed the print advertisement, and considered the Advertiser’s response. Advertiser states that they have taken cognizance of the points indicated by ASCI. The CCC concluded that the claims, “RazorSlim Ayurvedic Instant Slimming Capsules”, “No Exercise and No Diet” were not substantiated and the before and after visuals in the advertisement were grossly misleading. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD.

 

COMPANY: Bharti Airtel Ltd
PRODUCT:Airtel 4G-Igatpuri

COMPLAINT:

“India’s widest 4G Network”, depiction of availability of 4G near Igatpuri

NATURE OF COMPLAINT:

"Complaint 1: “The Airtel is showing there advertising of 4G signal will come in any corner of the country. But this is n not true. They are cheating with us because I'm leaving at 585436 pin place.. Here normal 3G signal is coming. Airtel is cheating with people no 4G signal is. Please take action against my complaint” Complaint 2: “Airtel 4G Ad released on TV You tube where they express that there network is so strong which connect everywhere like mountains Or in deep forests like Igatpur location. It’s completely misleading type of ad because in mountains there is massive issue of network. Content of ad is completely misleading and not matching to persons need please convey to that company please share the meaningful knowledge to their customer.” Complaint 3: “Airtel 4G Igatpuri ad is misleading since the location (Sandhan Valley) shown in the advert doesn't have any 2G/3G/4G network of any company. Airtel falsely claiming 4G coverage at that spot. "

RECOMMENDATION:NOT UPHELD

"The CCC viewed the TVC, and considered the Advertiser’s response. Advertiser argues that as mentioned in TVC supers, the claim “India’s Widest 4G Network” is based on the fact that Airtel is the only operator in India having 4G network in 15 out of the 22 telecom circles spread across 300+ towns as of 2nd March, 2016. Advertiser submitted COAI letter as a third party proof of their coverage in locations across the country in these towns. In addition, the advertiser provided evidence of 4G coverage near the locations mentioned in the TVC (Igatpuri). The CCC concluded, that the claim “India’s Widest 4G Network” and reference of 4G network being available near Igatpuri was substantiated. The complaints were NOT UPHELD. "

 

COMPANY: Idea Cellular Ltd
PRODUCT:Idea 3G 900

COMPLAINT:

"• “Poona s First Internet Expressway” • “Unique/Unmatched Internet Indoor Coverage” • “Jam Free Network” "

NATURE OF COMPLAINT:

"“Ideas' 'internet expresway' ads where they have shown a highway and making claims like 'jam-free network' and 'good indoor internet coverage. Subject: Misleading ads by telecom brand, Idea I am writing this letter to bring to your notice misleading newspaper and hoarding ads by telecom giant Idea, released in Pune area. Idea has one of the best networks in Pune and many other parts of the country. It is a very popular brand amongst the masses, but I fail to understand why a brand their stature would mislead consumers by publishing misleading ads. The ads I am referring to are Ideas recent network (Internet Expressway) related ads. These ads make claim like: Unmatched internet coverage Jam free network While they have made these claims, they have not given any reason for us to believe these claims. I dont know why I should believe what they are saying. I dont think they should be allowed to get away with such fraudulent claims. For your benefit, I have attached a picture of a newspaper ad, where they are making the claim. There are similar hoardings that have been put across Pune city as well. Request you to take immediate action against Idea.” "

RECOMMENDATION: UPHELD

"The Advertiser was offered an opportunity for Personal Hearing with the ASCI. The advertiser representatives did not seek personal hearing and submitted their written response. The CCC viewed the print advertisement and considered the Advertiser’s response. Advertiser argues, that subsequent to their internal test, they found that their services have been improved with regard to better indoor coverage, jam free network. The word “Expressway” is depictive and the word “Jam Free” conveys that traffic on this way is smooth and congestion free. The CCC did not consider the claim of “Poona’s First Internet Expressway” to be objectionable. This complaint was NOT UPHELD. The CCC noted that the claims “Jam free network”, “Adwiteeya internet indoor coverage (second to none internet indoor coverage)” were not substantiated by comparitive data with other service providers and were misleading by ambiguity. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD. "

 

COMPANY: "Colgate-Palmolive (India) Ltd."
PRODUCT:Colgate Herbal

COMPLAINT:

Brand Name - Colgate “herbal”

NATURE OF COMPLAINT:

This is not herbal at all, can you ban it.

RECOMMENDATION: UPHELD

The Advertiser was offered an opportunity for Personal Hearing with the ASCI. The CCC viewed the packaging claim, and considered the Advertiser’s response. Advertiser argues that the brand name ‘COLGATE HERBAL’ used on the product packaging is a registered trademark. The advertiser submitted the Trademark Registration Certificates. The CCC concluded that ambiguous presentation of the trademark “Colgate Herbal” on packaging as two separate words and omission of the reference to trademark was misleading. The product packaging contravened Chapter I.4 of the ASCI Code. The complaint was UPHELD.

 

COMPANY:Procter & Gamble Hygiene & Health Care Ltd.
PRODUCT:Pantene Shampoo

COMPLAINT:

Pantene is the "World's No. 1 Hair Care Brand"

NATURE OF COMPLAINT:

 

RECOMMENDATION: UPHELD

The claim support data for Review was reviewed by the technical expert of ASCI. The CCC viewed the TVC and considered the Advertiser’s response as well as opinion of the Technical expert presented at the meeting. As haircare is not defined in any statutes, the advertiser provided feedback regarding the term hair care as understood by consumers, a hair restorative surgeon, hair stylist etc. The advertiser argues that hair care implies hair nourishment and majority of the hair colourant product cause hair damage and do not provide nourishment. Advertiser observes that FMCG companies are commonly using the term “hair care” for their various products as per their expertise on particular product and not always for the entire category. The Advertiser argues that as per certificate provided by A C Nielsen, Pantene is top selling and #1 share brand amongst global Hair Care category. The advertiser also challenges Euromonitor definition of hair care category that shows this to be aggregation of shampoo, styling agents, 2-in1 products, “perms and relaxants, colourants” and salon haircare.. The CCC however was of the view that the industry clearly categorises hair care including hair colorants as seen not only by the perusal of Nielsen and Euromonitor categorization in their international audit reports but also the Procter & Gamble company itself identifies hair colors in their own product and organization websites as part of Hair Care Category. While Consumer research done among 300 respondents India does indicate that vast majority of consumers spontaneously associate Hair Care products consisting of shampoo, conditioner and hair oils but significant proportion also associate hair colorants as hair care products. CCC felt that reason lower % of Indian consumers associate hair colors as not hair care could be because % penetration/use of hair colorants is also significantly lower than shampoos and hair oils in India. CCC believes that commonly used industry classification/categorisation should decide on what should be the category nomenclature especially when making category leadership claim and not how consumer understands it as that understanding will depend on penetration of types of products which will differ vastly not only from country to country but from region to region.While the advertiser can claim to be World’s No. 1 Shampoo and Conditioner brand with a direct reference to the market leadership., the CCC concluded that the claim, Pantene is the "World's No. 1 Hair Care Brand", regardless of the disclaimer, is misleading by implication and ambiguity. The CCC did not agree that the qualifier "Hair Care Category sirf shampoo aur conditioner se sambandhit" is appropriate to validate the advertiser’s own categorisation of Hair care category comprises of Shampoo, Conditioner and Hair Oils. The TVC contravened Chapter 1.4 of the ASCI Code. The decision of complaint being Upheld stands on Review.

 

COMPANY: Apollo Tyres Ltd
PRODUCT: Apollo Tyres for Scooters

COMPLAINT:

The ad of Apollo Tyres shows, “The girl character riding the scooter with the Apollo tires is shown breaking the law by illegally riding her scooter over footpath meant for pedestrians to get ahead of the blocked traffic. Such depiction send out the wrong message to society that it is ok to endanger lives of pedestrians by riding on footpaths. Highly irresponsible and anti-civic behavior ...missed opportunity to send positive message instead apollo is further contributing to the anarchy that we see and experience on our roads. This is not the first ad of an irresponsible nature being put out by brands. I prey that the council starts counselling brands on how to be responsible indians corporates!!..As this is happening time and again. Shocked to see the educated advertising fraternity putting out such third rate and uncivilised work, devoid of any creativity in the real sense. A leaf out of the Tata Tea campaign would be apt.

NATURE OF COMPLAINT:

 

RECOMMENDATION: UPHELD

"The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek a personal hearing and submitted their written response. The CCC viewed the TVC and considered the Advertiser’s response. Advertiser argues that the TVC is only a depiction of a day in the life of a typical city rider where the concerned action of the rider is completely unintentional and is not done to portray any kind of negligent or disregard to the safety of people on the road. The CCC concluded that the scene in the TVC showing, albeit for a short time, the “protagonist riding the scooter on the footpath to get ahead of the blocked traffic”, shows / encourages an unsafe practice, and also portrays violation of Traffic Rules. The TVC contravened Chapter III.3 of the ASCI Code and Clause (a) of the ASCI Guidelines on Advertisements for Automotive Vehicles. The complaint was UPHELD."

 

COMPANY: Pankajakasthuri Herbals India Pvt Ltd
PRODUCT: Orthoherb Tablets Joint Pain Relief

COMPLAINT:

"“Orthoherb tablet- for knee joint medical problems Orthoherb table is a medical prescribed .as of its indications it self it's mention of medical condition and for alternative of surgical procedure.in India we r not 100% literacy ,a person whom can see and hear but can't read will buy such medicine over the counter and can lead to medical complications ,and it's no where mention that ayurveda has no side effects.if Ayurvedic medicine taken without a medical supervision or in a correct way it will result in side effects , I am a ayurveda doctor.such marketing should be stop. In its web site itself mention that it's for medical disorders not for health supplement.”"

NATURE OF COMPLAINT:

 

RECOMMENDATION: UPHELD

"The Advertiser was provided an opportunity to discuss their submission via tele-conferencing, at which time they informed that the said TVC was aired on Asianet for only one week and then discontinued, and that the advertisement is being currently published in Mathrubhumi and Manorama. Advertiser argues that Orthoherb is not a painkiller like any allopathic drug but a combination of 23 Ayurvedic herbs and the holistic properties of these herbs eliminates the root cause of the problem, thereby giving a long term relief to the person who suffers. The claim support data was reviewed by the technical expert of ASCI. The CCC viewed the TVC and considered the Advertiser’s response as well as the opinion of the Technical expert presented at the meeting. The CCC noted that the claims made are specific about the benefits of the product such as improvement in terms of one month effect, good bye to pain and ability to run. However, the advertiser did not provide any evidence of product benefit. The CCC concluded that the testimonial claim (in Malayalam) as translated in English, “improvement in one month from joint pain on taking Orthoherb tablets”, was not substantiated with product efficacy data, and is misleading by exaggeration. The TVC contravened Chapters I.1 and I.4 of the Code. The complaint was UPHELD."

 

COMPANY:Uber India
PRODUCT:Uber Taxi Service - Distance Surcharge

COMPLAINT:

“Dear sir I have a grievance against uber taxi service in Bangalore. It charges distance surcharge if one rides beyond 15 km. While commuting from city area to airport.. I have Used the taxi service of uber twice in last 15 days. I have paid distance surcharge.. On their website fares are published but does not mention distance surcharge... I want you to force them to mention distance surcharge in bold letters even before publishing their fares for each category. Let all passenger know beforehand that why they are paying distance surcharge and how distance is surcharge calculated”

NATURE OF COMPLAINT:

 

RECOMMENDATION: UPHELD

"The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek a personal hearing and submitted their written response. The CCC viewed the website/internet advertisement and considered the Advertiser’s response. Advertiser argues that the advertisement in question under the present complaint does not form a part of paid-for communication. “Distance Surcharge” is a fee that is charged over and above the base fare for longer distance travel only. The threshold distance above which this surcharge is fixed at is- 15 Kms. Further, the receipt of every ride reflects this ""Distance Surcharge"" amount at the end of the trip. In so far as the advertising of ""Distance Surcharge"" is concerned, the advertiser claims to have communicated to their Riders through e-mail updates. The CCC emphasized that ASCI Code's definition of Advertising states that ""Any communication which in the normal course would be recognised as an advertisement by the general public would be included in this definition even if it is carried free-of-charge for any reason”. Therefore promotion and content vide web-site or email, paid or unpaid, has to be considered as Advertising. The CCC concluded that the advertisement is misleading by omission of the mention of applicable additional charges (i.e. distance surcharge) per trip along with the fares on the website. The website/internet advertisement contravened Chapter I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY: Vaidya Pritam Singh
PRODUCT:Shiva Aushadhalaya

COMPLAINT:

“Cures childless women with guarantee”

NATURE OF COMPLAINT:

“It claims to cure childless women. Current location Village Pochanpur Sector 23 Dwarka New Delhi.”

RECOMMENDATION: UPHELD

The ASCI approached the advertiser for their response in addressing the grievances of the complainant. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date. The CCC viewed the Ad – Pamphlet. In the absence of comments from the Advertiser, the CCC concluded that the Ad – Pamphlet (in Hindi) claiming to “Cure childless women with guarantee”, was not substantiated and is misleading by exaggeration. Also, specific to the claims implying guaranteed cure for childless women (infertility), the advertisement is n Breach of the law as it violated The Drugs & Magic Remedies Act. The advertisement contravened Chapters I.1, I.4 and III.4 of the ASCI Code. The complaint was UPHELD.

 

COMPANY: Hindustan Unilever Ltd
PRODUCT:Pureit Ultima

COMPLAINT:

"1. Only water purifier which removes chemicals and pesticides from the surface of the fruits and vegetables. 2. Oxyblast technology to remove chemicals and pesticides on fruits and vegetables."

NATURE OF COMPLAINT:

"Queries – What is Oxyblast technology. How does it remove chemicals and pesticides on fruits and vegetables. The company should substantiate with independent research and studies. 2. How long does the effect of oxyblast technology last. Vegetables and fruits once treated by Pureit Ultima can be used up to what period. Comments from company needed. 3. Are there any side effects of this technology. 4. Washing the fruits properly under the running water is good enough for removing chemicals and pesticides. Then how different is using Pureit Ultima. Claims 1 and 2 should be substantiated with independent research data."

RECOMMENDATION: UPHELD

"The ASCI approached the advertiser for their response in addressing the grievances of the complainant. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing and submitted their written response. The claim support data was reviewed by the technical expert of ASCI. The CCC viewed the print advertisement and the TVC and considered the Advertiser’s response as well as the opinion of the Technical expert presented at the meeting. As claims support data, the advertiser provided - 1) analytic report on pesticide residue removal from fruits and vegetables by ozone treatment method, 2) Recent North American Developments in Ozone Applications in Food Processing, 3) U.S. FDA Regulatory Approval of Ozone as an Antimicrobial Agent. Claim – “Only water purifier which removes chemicals and pesticides from the surface of fruits and vegetables”. The advertiser provided the result of a web search as validation of its claim that theirs is the only water purifier with in-built ozone generator, the latter being the part that removes chemicals and pesticides from the surface of the fruits and vegetables. In absence of any data indicating presence of another brand with same benefit launched earlier, this complaint was NOT UPHELD. Claim – “Oxyblast technology to remove chemicals and pesticides on fruits and vegetables”. The advertiser claims that the ""Oxyblast technology"" is their mark for ozone generating technology which when bubbled through water removes chemicals and pesticides on fruits and vegetables immersed in such water. The advertiser provided an independent test report comparing removal of several spiked pesticides from various fruits and vegetables. The results show that ordinary water wash (as per wash procedure followed) gave 3% to 24% removal as against ozone water, which gave 36% to 60% removal, a ratio of 3 to 15 times. However, CCC noted that the best possible removal was 60% which would still leave a substantial residue. The health effects of this residue was not tested nor claimed in the ad, but the pesticide amount was reduced not removed. Therefore, use of the word ""remove"" is incorrect. The CCC concluded that this claim is misleading by ambiguity and implication. The print advertisement and the TVC contravened Chapter I.4 of the ASCI Code. This complaint was UPHELD."

 

COMPANY: Reliance Industries Ltd
PRODUCT:Reliance Jio Infocomm

COMPLAINT:

“Financial year 2016-17 will be the first full year of commercial operations of its Reliance Jio”

NATURE OF COMPLAINT:

“Reliance website mentioned Financial year 2016-17 will be the first full year of commercial operations of its Reliance Jio. Financial year 2016-17 already started but still Reliance Jio not started it's full commercial service it's misleading ad for it's share holders and customers.”

RECOMMENDATION: UPHELD

"The advertiser was given extra three days in addition to the standard lead time of five days to submit their response. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek a personal hearing and submitted their written response. The advertiser argues that the website claim informing the desire to commence its launch of the services does not and cannot fall within the definition of ‘advertisement’ as contemplated by the ASCI Code. The CCC viewed the website/internet advertisement and considered the Advertiser’s response. ASCI Code's definition of Advertising states that ""Any communication which in the normal course would be recognised as an advertisement by the general public would be included in this definition even if it is carried free-of-charge for any reason”. The CCC was of the view that the advertiser’s web-site communication has a great influence on their potential consumers to influence their opinion or behavior. Therefore promotion vide website content which is accessible to general public, paid or unpaid, has to be considered as Advertising and is within ASCI’s purview. The CCC concluded that the claim “Financial year 2016-17 will be the first full year of commercial operations of its Reliance Jio”, is factually wrong and likely to mislead the consumers as the advertiser has not started their commercial services. The website/internet advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY: Aircel Ltd (Aircel)
PRODUCT:“RC 32 1.2p/2 sec STD+LOC 90 D”

COMPLAINT:

"Misleading Ad by Aircel. On 28/3/16 I activated 32 rs rate cutter and was supposed to get 1.2 P's per 2 sec for all the calls for 90 days but I am been charged 2 P's per second for all calls. When I brought this to their notice they are ignoring the problem They are misleading consumer by false ad and misleading the consumer. Can you please look into this issue. For your reference I have mailed you the email interaction had with them Also I have attached the screen which shows the ad showing 1.2 P's and also SMS confirmation I got from them after activating the rate cutter pack."

NATURE OF COMPLAINT:

 

RECOMMENDATION: UPHELD

The ASCI approached the advertiser for their response in addressing the grievances of the complainant. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date. The CCC viewed the Ad – SMS. In the absence of comments from the Advertiser, the CCC concluded that the claim in the Ad - SMS, “RC 32 1.2p/2 sec STD+LOC 90 D”, is false and misleading. The Ad – SMS contravened Chapters I.1 and I.4 of the Code. The complaint was UPHELD.

 

COMPANY: British Fort Foundation
PRODUCT: British Institute

COMPLAINT:

“Award in USA”

NATURE OF COMPLAINT:

"“This person usa award is questionable. This person runs a English teaching institute & keeps claiming various awards/degrees to attract clients those awards etc r all fake.”"

RECOMMENDATION: UPHELD

The ASCI approached the advertiser for their response in addressing the grievances of the complainant. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date. The CCC viewed the print advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claim in the Ad, “Award in USA”, was not substantiated and is misleading. The advertisement contravened Chapters I.1 and I.4 of the Code. The complaint was UPHELD.

 

COMPANY: Agarwal D2D Packers and Movers
PRODUCT:

COMPLAINT:

“60% of the people in the country shift through us”

NATURE OF COMPLAINT:

“The website says 60% of Indians use there service is it true why is the service at worst it's been 20 days I haven't delivered my car. kindly penalise if there is false statement. Customer care no not working, toll free no not working. Link: http://www.agarwalpackers.net.in/customer_care.html”

RECOMMENDATION: UPHELD

The ASCI approached the advertiser for their response in addressing the grievances of the complainant. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date. The CCC viewed the website advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claim in the Ad, “60% of the people in the country shift through us”, was not substantiated and is misleading. The website/internet advertisement contravened Chapters I.1 and I.4 of the Code. The complaint was UPHELD.

 

COMPANY: Hamilton Housewares Pvt. Ltd
PRODUCT: Milton i Fresh - 100% Leak-proof Lunch Boxes

COMPLAINT:

"“The adv is about 100% leak proof containers for food. The voice over of the adv and the visuals encourage rash driving of car. And milton containers are depicted as a solution to avoid ill effects to food contents! What about people on roads with such an unsafe driver?” Complaint 2- Just to present that its container are leak proof they are promoting rash driving. It is provoking the youth to do the rash driving. Complaint 3- Milton's latest ad promotes rash driving and must be taken off air https://twitter.com/MeetMilton/status/715835282407428096?s=08"

NATURE OF COMPLAINT:

 

RECOMMENDATION: UPHELD

The advertiser representatives were given personal hearing by ASCI. The CCC viewed the TVC and considered the Advertiser’s response. Advertiser argues that the intent of this Commercial is to demonstrate the '100% leak proof product feature. The idea is to provide a slice of life illustration and relate it to benefit of the product. The CCC concluded that the TVC depicts speed and maneuverability in a manner which encourages unsafe and reckless driving and manifests a disregard for safety and encourages negligence. The TVC contravened Chapter III.3 of the ASCI Code. The complaints were UPHELD.

 

COMPANY:Flex Chemical Industries
PRODUCT: Taj Reetha Detergent Powder

COMPLAINT:

"“Washing Powder se Uni Kapde Sikood Jaate Hain aur keede lagne ka dar bhi” (“Woolen Clothes shrink due to detergent powders and there is also fear of being infested by insects”) “Toh Use karo Taj Reetha Detergent, Is se na kapde sikde na kide lage” (“Use Taj Reetha Detergent which does not shrink wollen clothes or infest clothes with insects”)"

NATURE OF COMPLAINT:

"“Disparagement and Denigration by the Advertiser Claim: “Washing Powder se Uni Kapde Sikood Jaate Hain aur keede lagne ka dar bhi” (Woolen Clothes shrink due to detergent powders and there is also fear of being infested by insects) The TVC of the Advertiser is not only misleading but also disparaging washing detergent category as a whole. The Advertiser herein makes a generic statement that all washing detergent powder are harmful to clothes and can infest clothes with insects. This is a completely wrong and incorrect statement which been made any basis in the Advertisement and therefore disparaging the entire class/category of Washing Detergent products, including that of Complainant. While none of washing powder have any role to play in infesting the clothes, the Advertiser is misleading the public believe that the sole reason is the washing powder. The Advertiser is trying to mislead the public to give the impression to the consumer that the competition washing detergent powders are harmful to influence the purchasing decision of the consumers at large. Unsubstantiated and misleading claim Claim: “Toh Use karo Taj Reetha Detergent, Is se na kapde sikde na kide lage” (Use Taj Reetha Detergent which does not shrink wollen clothes or infest clothes with insects) The Advertiser herein claims to be ahead of or better/superior than all competitions in the detergent product market. The claim of the Advertiser is unsubstantiated and misleading. The Advertiser is not only disparaging/belittling the competition but also misleading the consumers by making such a statement without required substantiation of their products being superior to the others competition products available in the market. The consumers are led to believe that the Advertiser’s products are superior to the rest of competition products in all aspects, be it in terms of quality, market share or sales. Laundry products cater to an extensive rural and bottom of the pyramid consumer base who are vulnerable to being easily misled with statements of superiority and disparagement as being made by the Advertiser against competition products”"

RECOMMENDATION: UPHELD

"The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek a personal hearing and submitted their written response. The CCC viewed the TVC and considered the Advertiser’s response. The Advertiser states that the allegations levelled in the complaint are false and baseless. Advertiser did not provide proof of efficacy for the product in support of the claims. The CCC concluded that the claims (in Hindi), “Washing Powder se Uni Kapde Sikood Jaate Hain aur keede lagne ka dar bhi”, “Toh Use karo Taj Reetha Detergent, Is se na kapde sikde na kide lage”, were not substantiated and were misleading. Also, the claim, “Washing Powder se Uni Kapde Sikood Jaate Hain aur keede lagne ka dar bhi”, unfairly denigrated the entire class/category of Washing Detergent products. The TVC contravened Chapters I.1, I.4 and IV.1 (e) of the ASCI Code. The complaint was UPHELD."

 

COMPANY: Patanjali Ayurved Limited
PRODUCT: Patanjali Dant Kanti

COMPLAINT:

"“Effective Against Pyorrhoea, Swelling & Bleeding Of Gums , Yellowing Of Teeth , Sensitivity & Bab Breath” “Protects your teeth for a longer time and provides a natural shield against germs”"

NATURE OF COMPLAINT:

"Ad Claims That This ToothePaste Is ""Effective Against Pyorrhoea, Swelling & Bleeding Of Gums , Yellowing Of Teeth Sensitivity & Bab Breath . There Is No Scientific Data To Support These Claims . Hence This Ad Is Misleading”"

RECOMMENDATION: UPHELD

The advertiser representatives were given personal hearing by ASCI. The CCC viewed the print advertisement and considered the Advertiser’s response. The advertiser has sought for two months time as they are in the process of procuring clinical/scientific evidence for the product benefit claims made in the TVC. The CCC concluded that the claims, “Effective Against Pyorrhoea, Swelling & Bleeding Of Gums, Yellowing Of Teeth, Sensitivity & Bab Breath”, “Protects your teeth for a longer time and provides a natural shield against germs”, were not substantiated and are misleading. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD.

 

COMPANY: Vodafone India Ltd
PRODUCT:Vodafone SupenetTM

COMPLAINT:

“Vodafone SuperNetTM from the World’s largest 4G network”

NATURE OF COMPLAINT:

“signboard in a shop where it is advertised as Vodafone SuperNetTM From the worlds largest 4G network Today while I was travelling on Kharghuli Main Road, Guwahati 781 004, Assam I have seen a signboard in a shop where it is advertised as Vodafone SuperNetTM From the worlds largest 4G network. The name of the shop is mentioned as Medhi Store. When as a curious customer I have enquired, it is revealed that Vodafone has no 4G service in the State of Assam. I find this ad highly disturbing and misleading. This ad has been made to misguide general public in believing that Vodafone has 4G network in the State without providing any justification. This is blatant false advertising and a heavy fine should be levied against such big brands who resort to such practices to fool the general public. A photograph of the signboard is also attached as a proof.”

RECOMMENDATION:NOT UPHELD

The CCC viewed the Ad – Hoarding and considered the Advertiser’s response. The advertiser states that Vodafone SuperNetTM is an intellectual property and has been applied for registration as a Trademark. The claim of being the World’s Largest 4G network is made on the basis of the presence of Vodafone 4G in more countries than any other brand and is based on the data published by the global telecom industry body GSMA intelligence, as validated by an external Research agency. The CCC concluded that the claim, “Vodafone SuperNetTM from the World’s largest 4G network”, was substantiated. The complaint was NOT UPHELD.

 

COMPANY: Rajnish Hot Deals Pvt. Ltd.
PRODUCT: Play Win Capsules

COMPLAINT:

"Enclosed please find print ad of ""Playwin' released in Lokmat (Marathi), Pune Edition on 7th April 2016. In fact it appears regularly twice a week in all editions of Lokmat. The ad is blatantly selling Play Win capsule as an aphrodisiac. How is this allowed? Both the illustrations are directly indicative of it read in conjunction with the Headline & Body copy of the ad. Can they substantiate the claim: ""Effective from day one itself"""

NATURE OF COMPLAINT:

RECOMMENDATION: UPHELD

"The advertiser representatives were given personal hearing by ASCI. The CCC viewed the print advertisement and considered the Advertiser’s response. Advertiser states that the said substantiation is taken from Ancient Ayurvedic Granthas which has been in existence since thousand years ago viz. Bhavprakash, Vagbhat and that in the said granthas the Sexual problems Treatment has been mentioned after a due research only. The CCC concluded that the claim, “Effect start from 1st Day Only”, was not substantiated with supporting product efficacy data, and is misleading. Also, the claims (in Marathi) as translated in English, ""If you want to make your life happy! Then make your wife happy!!!”, “Play Win Capsules are effective for this kind of problems. Which can help you gain your power, stamina, strength”, “Make your relationship more stronger"", read in conjunction with the advertisement visual and pack visual implies that the product is meant for enhancement of sexual pleasure, which is in Breach of the law as it violated The Drugs & Magic Remedies Act. The advertisement contravened Chapters I.1, I.4 and III.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY: Hero MotoCorp Ltd
PRODUCT: Hero Xtreme Sports

COMPLAINT:

This ad is running regularly on TV channels, featuring Ranvir Kapoor riding a HERO Bike and distracting and provoking a lady car driver. As a result she crashes her car into a large trailer with flames flying up. This ad promotes loafer type attitude, promotes careless and rash driving, on top of it the loafer instead of helping the lady, he enjoys the accident and makes fun of it. This ad promotes bad behaviour, bad culture and disregard for road safety norms. IT SHOULD BE BANNED.

NATURE OF COMPLAINT:

 

RECOMMENDATION: NOT UPHELD

The ASCI approached the advertiser for their response in addressing the grievances of the complainant. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date. The CCC viewed the TVC and concluded that the TVC is not objectionable as it is qualified by a cautionary message. The complaint was NOT UPHELD.

 

COMPANY:Idea Cellular Ltd
PRODUCT:Idea 3G

COMPLAINT:

“I am belons to Baharpur (postal address:Village –Guriya Barho, Post Baharpur Bharthana) small place in Etawah (Uttar Pradesh) Yahan par kisi bhi network ki 3G service nahi hai. Aur Airtel jaisi companies Airtel 3G ki Holdings lagati hai Jo galat hai. Mai chahta hu ki company par karyawahi ho ki jab tak Yahan 3G launch nahi karte holdings bhi nahi lagani chahiye. This is the Idea 3G Board, but 3G not available at this time.”

NATURE OF COMPLAINT:

 

RECOMMENDATION: UPHELD

The ASCI approached the advertiser for their response in addressing the grievances of the complainant. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date. The CCC viewed the Ad – Hoarding. In the absence of comments from the Advertiser, the CCC concluded that the Ad – Hoarding stating “Idea 3G” in Baharpur village where the 3G service is not being offered was misleading by omission of an appropriate disclaimer. Also, the Ad – Hoarding exploits the consumers’ lack of knowledge and is likely to lead to grave or widespread disappointment in the minds of consumers. The Ad – Hoarding contravened Chapters I.4 and I.5 of the Code. The complaint was UPHELD.

 

COMPANY: "Amazon.com, Inc Amazon – Friendly Customer Service"
PRODUCT:

COMPLAINT:

Pillion rider is shown without helmet. It is a punishable offence and promotes unsafe practice.

NATURE OF COMPLAINT:

 

RECOMMENDATION: UPHELD

"The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek a personal hearing and submitted their written response. The CCC viewed the TVC and considered the Advertiser’s response. Advertiser argues that this depiction is so brief that it passes in the blink on an eye and is certainly not the key focus of the advertisement. The CCC concluded that the visual of “a pillion riding a bike without a helmet” as depicted in the TVC shows violation of traffic rules and also is an unsafe practice. The TVC contravened Chapter III.3 of the ASCI Code. The complaint was UPHELD. "

 

COMPANY: Tata Motors Ltd
PRODUCT:Tata Signa

COMPLAINT:

"1. Higher Productivity through improved comfort and fleet utilization. 2. Superior in-cab experience. 3. Fleetman. Fleet telematics for higher productivity. In-built telematics. 4. Proven and reliable driving. "

NATURE OF COMPLAINT:

"Queries - 1. Higher productivity is a relative term. Clarification is needed for higher productivity than what. 2. Superior in-cabin experience is also a relative term. 3. What is Fleetman. Is it a technology being provided. Is this technology unique to this brand. If no then claim misguides consumers to believe that it is a special feature that they get in this brand. 4. Claims 1-4 should be substantiated with independent research data.” "

RECOMMENDATION: UPHELD

"The ASCI approached the advertiser for their response in addressing the grievances of the complainant. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date. The CCC viewed the print advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claims, “Higher Productivity through improved comfort and fleet utilization”, “Superior incab experience”, “Fleetman. Fleet telematics for higher productivity. In-built telematics”, “Proven and reliable driving”, were not substantiated by submission of claim support data as to how the advertised product is better as claimed. The claim are misleading by omission of a reference to the comparison being made. The advertisement contravened Chapters I.1 and I.4 of the Code. The complaint was UPHELD. "

 

COMPANY: Shree Maruti Herbals
PRODUCT:"Stay On Power Capsules"

COMPLAINT:

"""The Open Secret Of Blissful Coexistence"" ""The Unchallenged Power Of Stay-On"" "

NATURE OF COMPLAINT:

Ad Reads , "The Open Secret Of Blissful Coexistence", "The Unchallenged Power Of Stay-On", Along With A Suggestive Picture Of Semi-Undressed Couple, This Sure Is An Ad For An Aphrodisiac.

RECOMMENDATION: UPHELD

The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek a personal hearing and submitted their written response. The CCC viewed the print advertisement and considered the Advertiser’s response. Advertiser argues that Stay-On is not an aphrodisiac but is a health supplement and is promoted precisely as that. The CCC concluded the claims, "The Open Secret Of Blissful Coexistence", "The Unchallenged Power Of Stay-On", read in conjunction with the advertisement visual and pack visual implies that the product is meant for enhancement of sexual pleasure, which is in Breach of the law as it violated The Drugs & Magic Remedies Act. The advertisement contravened Chapter III.4 of the ASCI Code. The complaint was UPHELD.

 

COMPANY:"Patanjali Ayurved Limited "
PRODUCT: Patanjali Fruit Juice

COMPLAINT:

"The print ad of juices implies that other brands are having less pulp of fruit and Patanjali brand has more pulp and better fruit juice. This ad has no comparisons and the claim seems baseless. For example, Patanjali Brand Orange juices write under ingredients that it has only 19% Orange juices and balance are other things. While there are other brands that offer 100% juices. One is 'Real Orange Juice' that has ""NO ADDED COLOUR, FLAVOUR OR PRESERVATIVE"" Another is pepsico's Tropicana. That has ""Water, Concentrated Orange Juice CONTAINS ADDED FLAVOUR (NATURAL ORANGE FLAVOURING SUBSTANCES)"" and no sugar preservative colour etc. While patanjali themselves states 'Ingredients: Purified Water, Orange Juice Concentrate (19%), Sugar, Antioxidant Link for the Ad: http://digitalimages.bhaskar.com/gujarat/epaperimages/21032016/ahm-c2577791-large.jpg "

NATURE OF COMPLAINT:

 

RECOMMENDATION: UPHELD

The advertiser representatives were given personal hearing by ASCI. The CCC viewed the print advertisement and considered the Advertiser’s response. Advertiser argues that the statements made are mere puffery declaring the superiority of Patanjali’s products, without expressly or impliedly denigrating, attacking or discrediting other products by the competitors. The CCC concluded that the claims (in Gujarati) as translated in English, “Will you do the mistake of drinking expensive juices containing less pulp or will you drink cheap and good Patanjali fruit juices which are full of pulp to become healthy and to save money” accompanied by reference to the prices of other branded juices, by implication unfairly denigrates the entire class/category of fruit juices. Also, these claims were not substantiated adequately and are misleading by implication. The advertisement contravened Chapters I.1, I.4 and IV.1 (e) of the ASCI Code. The complaint was UPHELD.

 

COMPANY:Patanjali Ayurved Ltd
PRODUCT:Patanjali Cow Ghee

COMPLAINT:

"Patanjali Ayurved the company run by Baba Ramdev has put the picture of a Indian Indigenous Cow (Desi Cow) (a2) cows with a hump on its packet of ghee ...whereas the ghee is made from milk that is sourced from Jersey and Holstein cows (a1) that do not have any hump. Moreover he is making use of the nomenclature and call it desi ghee so that consumers are confused and suppose it to be desi cow ghee. He should change the cow picture on the packaging and not confuse the nomenclature as Desi Cow ghee is a very medicinal product and has many health benefits whereas ghee of jersey cows is not as beneficial. "

NATURE OF COMPLAINT:

 

RECOMMENDATION: NOT UPHELD

"The advertiser representatives were given personal hearing by ASCI. The CCC viewed the print advertisement and considered the Advertiser’s response. Advertiser argues that none of the ingredients that are used in their product disqualify the product from being named “Cow Ghee”. The picture of the cow on the label is merely there for aesthetic value, without having any representative character of the origins of the product. The CCC noted that the claim (in Hindi) reads as “Gai ka desi Ghee” and was not considered to be objectionable. The advertiser is not claiming the cow to be desi (i.e. Desi Gai ka Ghee). The complaint was NOT UPHELD. "

 

COMPANY: Patnajali Ayurved Ltd
PRODUCT:"Patanjali Kachi Ghani Mustard Oil"

COMPLAINT:

"“in patanjali mustard oil it is showing that solvent extraction of mustard through hexane is bad. The solvent extraction of mustard has been going on since decades and entire mustard oil industry is aware of this. The hexane which is used is food grade and this is the only available process besides ghani. The advertisement is trying to mislead the public about wrong process of solvent extraction. This is bogus campaign and should be stopped immediately” "

NATURE OF COMPLAINT:

 

RECOMMENDATION: UPHELD

The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek a personal hearing and submitted their written response. The CCC viewed the TVC and considered the Advertiser’s response. Advertiser argues that Solvent extraction procedure includes both environmental and human hazards and hexane posses a particular health hazard as it may cause peripheral nerve damage following chronic exposure, harmful for reproduction category and classified as substance with some danger of serious damage to health by prolonged exposure. The CCC noted that solvent extraction process is a recognized process which is permitted under FSSAI. The Hexane residue limits are laid down by regulations. The CCC concluded that the TVC claiming that “mustard oil is being adulterated with oil made by solvent extraction process with neurotoxin containing Hexane”, was not substantiated. Also, the claim is grossly misleading by exaggeration. The TVC contravened Chapters I.1 and I.4 of the Code. The complaint was UPHELD.

 

COMPANY: Patanjali Ayurved Limited
PRODUCT: Patanjali Pure Fruit Juice

COMPLAINT:

"Complaint no.1 “Is about fruit juices they sale. Ad exhorts Indians to ""Join the movement of Swadeshi to realize the SWADESHI Dream Of Mahatma Gandhi, Bhagat Singh & RamPrasad Bismil. To espouse the names Of great national leaders to sale their products, is in very poor taste , dubious marketing strategy & needs to be curbed immediately.” Complaint no.2 “Advertisement के प्रति परिवाद/आपत्ती: Adv. की दृति से 'दशे भक्त' वह, जो 'पिजतिं ' के उत्पाद अपनाऐ, शषे भाििीयों की दशे भतक्त पि सवाि… उत्पादों की तिक्री प्रोत्साहन के तिऐ िाष्ट्रतपिा महात्मां गाधीं , शहीद भगि तसहं व िाम प्रसाद तिसतमि जसै े महान क्रातिकारियोंं के नाम का इस्िेमाि l कृपया उतिि काननीू काययवाही कि, परिवादी को भी अवगि किाने कि किें” "

NATURE OF COMPLAINT:

RECOMMENDATION: NOT UPHELD

"The CCC viewed the print advertisement and considered the Advertiser’s response. Advertiser states that the advertisement refers to the Swadeshi Movement as a reference, neither to confer any advantage on the product, nor ridicule or disrespect any person, firm of institution. The CCC concluded that the claims, ""……… Join the movement of Swadeshi to realize the Swadeshi Dream Of Mahatma Gandhi, Bhagat Singh & RamPrasad Bismil……”, is an appeal/note made by the advertiser to promote India made product and is not objectionable . The complaints were NOT UPHELD. "

 

COMPANY:Kamla Kant & Company LLP
PRODUCT:Rajshree Pan Masala

COMPLAINT:

"“I want to lodge a complaint against Raj Shree Pan masala Proprietors & The Bollywood Celebrity Mr Annu Kapoor for appearing in Pan masala advt & giving misleading advertisement on TV Channels. Tobacco industry is exploiting the emotions of people by linking Charity slogans with pan masala advts like Raj Shree pan masala advt by bollywood star Mr Annu kapoor by linking it with Donations of Clothes & Blood. This is highly objectionable. There are no linkages in advt of Raj Shree pan masala & these donations. This is only exploiting the emotions of people to promote Raj Shree pan masala.” Complaint 2- “Annu kapoor doing ad of pan masala with things like blood donation, Girl child, driving seat belt, dowry, old clothes, save water, dont drink and drive. Example Pan masala ad with blood donation message, what the hell relation between this things, means you can eat pan masala and you also do blood donation. who will receive blood from pan masala eater who is already dying from pan masala slowly. And same like remaining subject in the ad line. Which is not corelated to pan masala The website/internet advertisement contravened Chapter III2 (e) of the ASCI Code which specifically states that Advertisements should not feature personalities from the field of sports, music and cinema for products which, by law, either require a health warning in their advertising or cannot be purchased by minors.” Complaint 3- “An add by rajshree pan masala is promoting consumption of the pan masala by relating it to a new born baby, and blood donation. In which the say "" SWAAD MAIN HI SOCH HAI"" It shows wrong message to the society that consumption of pan masala opens your thoughts by relating it to a new born baby and by blood donation. "

NATURE OF COMPLAINT:

 

RECOMMENDATION: UPHELD

"The ASCI approached the advertiser for their response in addressing the grievances of the complainant. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date. The CCC viewed the TVC (blood donation theme) and noted that the TVC features Anu Kapoor – a celebrity from the field of cinema for a product which has a health warning “Pan Masala is injurious to health” and which cannot be purchased or used by minors. The CCC concluded that minors are very likely to be exposed to the TVC. The celebrity in the advertisement would have a significant influence on minors who are likely to emulate the celebrity in using the product. The TVC contravened Chapter III.2 (e) of the ASCI Code which specifically states that advertisements “Should not feature personalities from the field of sports and entertainment for products which, by law, require a health warning such as “………….. is injurious to health” in their advertising or packaging.’ Also, the supers/statutory warning in the Hindi TVC were not legible and not in the same language as the audio of the TVC. The TVC contravened ASCI’s Guidelines for Supers. The complaints were UPHELD. "

 

COMPANY:Kamla Kant & Company LLP
PRODUCT:Rajshree Pan Masala

COMPLAINT:

I want to lodge a complaint against Raj Shree Pan masala Proprietors & The Bollywood Celebrity Mr Annu Kapoor for appearing in Pan masala advt & giving misleading advertisement on TV Channels. Tobacco industry is exploiting the emotions of people by linking Charity slogans with pan masala advts like Raj Shree pan masala advt by bollywood star Mr Annu kapoor by linking it with Donations of Clothes. This is highly objectionable. There are no linkages in advt of Raj Shree pan masala & these donations. This is only exploiting the emotions of people to promote Raj Shree pan masala.

NATURE OF COMPLAINT:

 

RECOMMENDATION: UPHELD

"The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek a personal hearing. A written response was submitted by the Advocate on behalf of the advertiser. The CCC viewed the TVC and considered the Advocate’s response, who state that the TVC creatively stresses the point that good practices such as donation of clothes can be brought about by bringing in a change in the general thought process of the society and has to be viewed in the context of the overall advertisement and the actual role of the celebrity. The CCC viewed the TVC (blood donation theme) and noted that the TVC features Anu Kapoor – a celebrity from the field of cinema for a product which has a health warning “Pan Masala is injurious to health” and which cannot be purchased or used by minors. The CCC concluded that minors are very likely to be exposed to the TVC. The celebrity in the advertisement would have a significant influence on minors who are likely to emulate the celebrity in using the product. The TVC contravened Chapter III.2 (e) of the ASCI Code which specifically states that Advertisements “Should not feature personalities from the field of sports and entertainment for products which, by law, require a health warning such as “………….. is injurious to health” in their advertising or packaging.’ Also, the supers/statutory warning in the Hindi TVC were not legible and not in the same language as the audio of the TVC. The TVC contravened ASCI’s Guidelines for Supers. The complaint was UPHELD. "

 

COMPANY:Dharampal Satyapal Ltd
PRODUCT:"Rajnigandha Pan Masala"

COMPLAINT:

"The new TV ad for Rajnigandha Pan Masala glorifies the exclusivity of its various ingedients including various dubious components like betel nut and kattha which are known and suspected carcinogens. Moreover, it shows statutory warning (that Pan Masala is harmful for health) is such a small font and against delibrately misleading background for a fraction of a second so that no one can see or read it. It is recognized that pan masala is injurious to health. Glorification of its various suspected carcinogens amounts to promoting harmful unhealthy ingredients. The company has mala fide intentions when it deliberately shows the statutory warning in such small and invisible letters in a split second so that it cannot be read or be registered. The ad tries to impress gullible audience and should be immediately banned. "

NATURE OF COMPLAINT:

 

RECOMMENDATION: NOT UPHELD

"The CCC viewed the TVC and considered the Advertiser’s response. Advertiser states that the final product window of the advertisement very clearly mentions the mandatory Pan Masala warning which is 14 pixels height and legible. The CCC did not consider the reference to various ingredients in the product to be objectionable. Also, the disclaimer in the TVC was in the same language (Hindi) as the voice over of the TVC and was legible. The complaint was NOT UPHELD. "

 

COMPANY:DJ Group
PRODUCT:Pan Bahar Pan Masala

COMPLAINT:

ASCI code does not permit the use of celebrities (e.g. In the field of cinema, sports and music) in ads of products which by law require health warning on its pack or cannot be purchased or used by minors. These advertisements can influence minors and encourage unsafe practices.

NATURE OF COMPLAINT:

 

RECOMMENDATION: UPHELD

The ASCI approached the advertiser for their response in addressing the grievances of the complainant. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date. The CCC viewed the Ad – Hoarding and noted that the Hoarding features Saif Ali Khan – a celebrity from the field of cinema for a product which has a health warning “Pan Masala is injurious to health” and which cannot be purchased or used by minors. The CCC concluded that minors are very likely to be exposed to the Ad. The celebrity in the advertisement would have a significant influence on minors who are likely to emulate the celebrity in using the product. The Ad – Hoarding contravened Chapter III.2 (e) of the ASCI Code which specifically states that Advertisements “Should not feature personalities from the field of sports and entertainment for products which, by law, require a health warning such as “………….. is injurious to health” in their advertising or packaging.’ Also, the Ad – Hoarding is misleading by omission of an appropriate disclaimer/statutory warning. The Ad – Hoarding contravened Chapter I.4 of the Code. The complaint was UPHELD.

 

COMPANY: Patanjali Ayurved Limited
PRODUCT:Patanjali Dugdhamrut

COMPLAINT:

"• “Infertility is increasing in cattle” • “Cattle is being butchered” • “Other companies mixes up 3 to 4% urea and other non edible things in their cattle feed” • “Patanjali Gaushala's cow that gives 25 Liters milk.” "

NATURE OF COMPLAINT:

"The ad shows adverse effects of cattle feed from other brands. And claims theirs is pure and better. Following are problem areas in the ad. - It claims infertility is increasing in cattle, without any supporting figures. - It claims cattle is being butchred which can hurt sensitivity. - It claims other companies mixes up 3 to 4% urea and other non edible things in their cattle feed, without any back up data. - It shows a picture of cow and calf and describes it as 'Patanjali Gaushala's cow that gives 25 Liters milk'. The ad is misleading and lack of substantial proofs for its claims.” "

RECOMMENDATION: UPHELD

The advertiser representatives were given personal hearing by ASCI. The CCC viewed the print advertisement and considered the Advertiser’s response. The Advertiser requested for additional lead time to submit their comments. In the absence of specific comments from the Advertiser, the CCC concluded that the claims (in Hindi) as translated in English, “Infertility is increasing in cattle”, “Cattle is being butchered”, “Other companies mixes up 3 to 4% urea and other non edible things in their cattle feed”, “Patanjali Gaushala's cow that gives 25 Liters milk”, were not substantiated. Also, the claims are misleading. The advertisement contravened Chapters I.1 and I.4 of the Code. The complaint was UPHELD.

 
 

 

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