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Advertising with a Conscience

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ASCI Recommendations
 

COMPANY:"Sanjeevani Herbals "
PRODUCT:""Ayurveda Mix Plus Kashaya Soap""

COMPLAINT:

"Advt. appeared in Malayalam bi-weekly magazine Gruhalakshmi dated 16-31 August 2016 page no. 75. It claims that the soap contain 80-88% TFM. The TFM of the soap is only 65%. It is a false claim. The soap is an oil based handmade soap, it cannot have more than 70% TFM. The Ayurveda mix Kashaya Soap is a oil based handmade soap. Which means they are making the soap directly from Oils by saphonifying the oils with Sodium Hydroxide. In this method of manufacturing, the Sodium Hydroxide diluted in water and used for manufacturing. The average moisture content of such soap is around 20%. Apart from this, about 6 to 7% Glycerine which is a by-product also will be there in such soaps. Since the fatty matter content of Oils are around 90%, it is next to impossible to have 80 or 88% TFM (Total Fatty Matter) in these kind of soap unless the moisture content is reduced to around 10% and the Glycerine is taken out which is not the case in this soap. Popular soaps in India made in the above method are Chandrika and Medimix. Both soaps TFM are below 64%. I did get analyse the Ayurveda mix Kashaya Soap some time back and found that it contain more than 20% moisture and the TFM was only 63%."

NATURE OF COMPLAINT:

Recommendation: NOT UPHELD

"On receiving the CCC recommendation, the advertiser responded stating that the sample of the soap tested in the Lab Under the control of Drugs Control Department, Govt. of Kerala, shows that the TFM of the product is more than 83%. Subsequently, the advertiser also submitted their response through their advocates. The advocate on behalf of the advertiser argues that the TFM is calculated considering the fillers used in the soap. However, in their soap, the fillers are used below 5 and the soap is manufactured using pure coconut oil by cold processing where by high TFM percentage can be achieved. As claim support data, the advertiser provided two independent test certificates from SGS lab and Kerala Government lab, the report showing the TFM value is more than 84%. Based on this data, the CCC did not consider the claim (in Malayalam) as translated in English, “Ayurvedamix Plus Kashaya Soap is the only soap in the market with 80-88% TFM”, to be objectionable. The complaint is Not Upheld on Review."

COMPANY:"Rudralife"
PRODUCT:"(Rudrakash Therapy)"

COMPLAINT:

“Rudraksha Therapy”, “Rudraksha for you to achieve Growth, Success and Wellbeing”, “They provide Rudraksha tested in a ISO 9001-2015 certified laboratory”, “Hold 5 patents on medicinal usages of Rudraksha”.

NATURE OF COMPLAINT:

"We request you to kindly take action on the above mentioned product, without any evidence, This ad was published in Deccan Herald Bangalore edition page 3. Please ask them to stop such ads. The copy of the ad is attached. The following are my complaints about the misleading ad. The advertisement makes vague claims about 'therapy'. It makes claims about achievement of growth, success and well being which are vague and misleading. They claim to hold five patents on medicinal uses of rudraksha which makes it an ad for a pharmaceutical without specifying anything. Since rudraksha is considered as holy by Hindus and has a religious connotation they are making use of religious sentiments for advertisement purposes linking it with various advantages. We would have absolutely no objection to the ad if it were confined to uses for purposes of worship or as an ornament. They are also claiming to supply rudraksha certified in a ISO 9001-2015 certified laboratory which is again a misleading claim as the object itself has not such certification. This exhibition sale is over as of now but the advertiser is likely to hold more such elsewhere and action is to be taken to avoid cheating of consumers with such misleading ads. This could be done by contacting the newspaper, the mobile numbers given and such data."

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the grievances of the complainant. The advertiser responded regretting the errors and inadvertent lapses made in the advertisement and sought for guidance to informally resolve the complaint. The advertiser representatives were given personal hearing by ASCI , at which time they agreed to modify the advertisement. The CCC noted that the advertiser opted for Informal Resolution of the complaint however did not submit the necessary undertaking. Therefore the complaint was taken forward for CCC deliberations. Subsequently, the advertiser submitted additional information wherein they stated that Rudraksha comes under alternate therapies like gem therapy, past life regression therapy, reiki therapy etc. It has to be seen as an advice based on experience. As claim support data, the advertiser provided copy of Padma Puran, Shiv Puran, Shrimad Devi Bhagwat Puran. 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 the opinion of the Technical expert presented at the meeting. The CCC noted that while Rudraksha is used in Ayurved as a remedial plant for specific ailments, the advertiser is promoting this as “alternate therapy” and has requested that the claim should not considered in the medicinal / pharmaceutical context. The testing being referred to in the advertisement is not pertaining to efficacy of the product but is only for a quality parameter. The advertiser is not a pioneer organization in the field of Rudraksha as claimed. The advertiser also acknowledges that reference to patents in the advertisement was a lapse. The CCC concluded that the claims, “Rudraksha Therapy”, “Rudraksha for you to achieve Growth, Success and Wellbeing”, “They provide Rudraksha tested in a ISO 9001-2015 certified laboratory”, “Hold 5 patents on medicinal usages of Rudraksha”, were not proven with authentic supporting data, and are misleading by ambiguity and implication. Also, 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:"Jasper Infotech P. Ltd- Snapdeal"
PRODUCT:"Samsung J2 Pro"

COMPLAINT:

“J2 pro has a Qualcomm snapdragon 821 processor”

NATURE OF COMPLAINT:

"Complaint 01: “Times of India front page on 4th jan 2017. Advertisement titled BESTSELLER OF 2016 J2 PRO this COMPLAIN is about snap deal. Snap deal is a online market place , which sales samsung J2 pro exclusively. Snap deal (SD ) advertises that J2 pro has a Qualcomm snapdragon 821 processor. i found that 821 processor in j2 pro is a myth. samsung uses 821 processor on its premium handsets (RS 50,000 above) while J2 pro is a entry level smartphone. So take necessary action. Samsung India specification about J2 pro, that it has 1.5 ghz CPU speed. http://www.samsung.com/in/smartphones/galaxy-j2-2016-j210fzd/ http://www.gsmarena.com/samsung_galaxy_j2_(2016)-8083.php where as qualcomm mentioned that snapdragon 821 has 2.4 ghz CPU speed. https://www.qualcomm.com/products/snapdragon/processors/821” Complaint 2: “On the front page of the newspaper The Times of India, Bhubaneswar, dated 04/01/2017 there is an advertisement of snapdeal showcasing Samsung Galaxy J2 Pro" mobile phone. In that ad it has been mentioned that the phone had a Snapdragon 821 processor chipset. But in reality that phone has Spreadtrum SC8830 processor chipset. Snapdragon 821 is a very costly fast, flagship, high end processor where as Spreadtrum SC8830 is cheap, low end and slow one. The advertisement is propagating wrong and misleading information on the first page of popular newspaper. I hereby attach the web link and photo of that advertisement. The misleading information is in 9th line of first para of the ad. Kindly see into this false propaganda and take necessary action. Phones with Snapdragon 821 cost as high as Rs-60000/- as in Galaxy S7Edge, whereas the Samsung J2 Pro cost Rs- 9490/- Thank you The misleading ad http://epaperbeta.timesofindia.com/gallery.aspx?id=04_01_2017_001_068&type=A&eid=31812# Original specification of the phone. http://www.gsmarena.com/samsung_galaxy_j2_pro_(2016)-8228.php.”"

Recommendation: UPHELD

"The Advertiser (Snapdeal) 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 (Snapdeal) states that there was an inadvertent error made in the print advertisement. However there was no error in product description of the said product on the online platform. The CCC concluded that the claim of Samsung J2 Pro having “Quad-core snapdragon 821 processor”, in the print advertisement is false and misleading. The advertisement contravened Chapters I.1 and I.4 of the Code. The complaints were UPHELD."

 

COMPANY:"TV Today Network Limited"
PRODUCT:"India Today"

COMPLAINT:

"Slide 1 Part A: Maximum Prime Audience No. 1 in Full Week, No. 1 in Prime Time and No. 1 at 9PM. Here the Network has not provided the proper source line that validates the time band selections mentioned in the slide which is week 46-50. Part B: On a perusal of the source line it is evident that they have used only one hour of data (21:00 to 22:00) whereas Fair Usage Guidelines requires a minimum of 4 (four) continuous hours data to be measured. Slide 2 On a perusal of the source line provide, it is evident that the source line does not mention either the time band selections or the weeks that are being referred to. Slide 3 Part A: The claim is not valid as it says 24 hours no. 1 which means that they were no. 1 throughout the day for the entire 5 weeks which is incorrect. Part B: No. 1 full week, No. 1 in prime time and No. 1 at 9 pm without any source line."

NATURE OF COMPLAINT:

"It is a well-established norm that as per ""BARC India Ratings - Principles of Fair and Permissible Usage"", the period of comparison for any claim of leadership should mention clearly and correctly. It is submitted that the Channel's claim of being the No. 1 channel and the other claims as mentioned above are a wilful misrepresentation of BARC data and the guidelines as prescribed by BARC. It is evident that the abovementioned claims made by the Network in the Impugned Advertisements are misleading and factually incorrect. In view of our foregoing submissions, it is evident that the Network has selected data and parameters and modified the same to suit its convenience for the purposes of claiming their Channel to be undisputed leader in English news channels with a view to deceiving the public at large. As you are aware, viewership is one of the most important factors in the media industry as greater viewership leads to higher ad-revenues. Given that the Impugned Advertisements and consequently the Network are in total and wilful contravention of the provisions of Chapter I and Chapter IV of the ASCI's Code for Self-Regulation in Advertising, it is obvious that the Network, while creating and exhibiting the Impugned Advertisements, was well aware that it would not only project the other competing news channels, especially CNN-News18 in poor light but will also ensure that other news channels are viewed less than the Channel.”"

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 claim support data was reviewed by the technical expert of ASCI. The CCC viewed the Ad – mailers, Ad – promotional videos and considered the Advertiser’s response as well as the opinion of Technical expert presented at the meeting. Advertiser states that - Slide 1 They have clearly mentioned the time band as follows: Part A a. Full week – time band (02:00 - 26:00) b. Prime Time – time band (18:00-24:00) c. 9 Pm News – time Band (21:00 – 22:00) PART B Data used for one hour – News Today @ 9 PM is an hourly program, so this a program rating and not time band rating was used. The CCC concluded that the claim, “Maximum Prime Audience No. 1 in Full Week, No. 1 in Prime Time and No. 1 at 9PM.”, has been qualified with source - ""22-30 M AB, Megacities, 5 weeks average 46-50, '16"". Advertiser has provided the proper source line that validates the time band selections. Advertiser has used only one hour of data (21:00 to 22:00) which is correct as BARC India Ratings - Principles of Fair and Permissible Usage permits 1 hour to be averaged across 4 weeks. This complaint was NOT UPHELD Slide 2 Advertiser states that the Wipe was aired after the BARC released data till week 50’16 and the Wipe was made on the basis of the latest 5 weeks (Wk 46’16 – Wk 50’16). The CCC concluded that the source line at the bottom of the slide reads ""Source: BARC, Market- Megacities, TG: 22-30 M AB. Period: Wk 46 '16 to Wk 50 '16, Time band: 2100 to 2200 weekdays"". This meets the four consecutive weeks parameter. This complaint was NOT UPHELD Slide 3 Advertiser states – Part A - In Plate One - the source line is clearly indicated with the claim for 5 weeks (WK 46’16 – Wk 50’16) for the time band 02:00 – 26:00 so there should not be any confusion. Part B - I Band Plate – 3 is the summation of the first two plates and the source line is provided in the earlier slide of I-Band. The CCC concluded that the advertiser has explicitly stated the audience definition, the period of comparison and the time band. The claim, “24 hrs No.1 channel”, is based on that narrow target audience definition. This complaint was NOT UPHELD."

COMPANY:"Jasper Infotech P. Ltd"
PRODUCT:"(Snapdeal)"

COMPLAINT:

“Get the best price on Electronics Accessories at the Unbox Cash Free Sale- Now up to 98% OFF!!”

NATURE OF COMPLAINT:

"“Advertisement on facebook app - upto 98% off on Electronics Accessories at unbox cash free sale...Pictures of high-end gadgets were advertised at a huge discount. Complaint - Picture of a Rs.1600+ product (Phillips Bluetooth Speaker) was advertised with a teaser quote- Speaker starts @ 199 along with a tag saying upto 85% OFF Actual cost of the product was realized after downloading the app. It was on Facebook so couldn't capture the URL. Simply an act of increasing app download & making fool out of innocent customers, Just to improve their Brand Evaluation (PFA Screen shots for clarity)”"

Recommendation: UPHELD

"The Advertiser (Snapdeal) 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. Advertiser (Snapdeal) states that this advertisement was not posted online by them, but may have been posted by a third party affiliate, on behalf of Snapdeal with an inadvertent error about the starting price for such products (Phillips Bluetooth Speaker). The complainant provided evidence (screen shot of Facebook app) to prove that the actual current price of the product after downloading the app, showed as Rs.1687 with 16% off. The CCC viewed the Facebook advertisement and considered the Advertiser’s (Snapdeal) response. The CCC concluded that the price claim of “Rs.199 less Discount 85% off”, is false and misleading. The facebook advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"VLCC Health Care Pvt Ltd"
PRODUCT:"Coolsculpting"

COMPLAINT:

"1. Get rid of stubborn fat without any surgery. 2. Can see difference in just one sitting. 3. The most innovative research by VLCC in the area of Body"

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. Advertiser states that CoolSculpting® technology safely delivers precisely controlled spot cooling to gently and effectively target stubborn subcutaneous fat cells underneath the skin while leaving the skin itself unaffected. In weeks to follow the treatment, the body naturally processes the fat and eliminates these dead cells, thus reducing the amount of fat stored (leading to a better sculpted body). The removal of fat cells (by 20-25%) permanently in this manner is thus a non-surgical, non-invasive long-term treatment. As claim support data, the advertiser provided data related to CoolSculpting. 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 the opinion of the Technical expert presented at the meeting. The CCC noted that Cryolipolysis may help reduce fat in spots that may be resistant to weight loss. However, the claim of “Get rid of stubborn fat” is an absolute claim implying a permanent effect. There are peer reviewed articles which state that paradoxical increase in fatty tissue is reported in patients with cryolipolysis and also weight gain can negate the effects of cryolipolysis. Based on this data, the CCC concluded that the claim, “Get rid of stubborn fat”, was inadequately substantiated and is misleading. Claim, “Can see difference in just one sitting”, was not substantiated with clinical evidence, and is misleading as the visible difference with CoolSculpting® technology requires multiple sittings along with other restrictions to be followed. For the Claim, “The most innovative research by VLCC in the area of Body Contouring”, the CCC noted the Advertiser’s response that the Marathi version of the advertisement erroneously claimed “research by VLCC”. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Future Lifestyle Fashions Ltd "
PRODUCT:"Urbana"

COMPLAINT:

"Claims to adapt to the body temperature/ degree control shirts.”"

NATURE OF COMPLAINT:

Recommendation: NOT UPHELD

"The Advertiser was provided an opportunity to discuss their submission via tele-conferencing. Advertiser states that ""Degree Control"" is a terminology coined for the purpose of communication in relation to subject Shirt. This technology makes the garment respond to one's body temperature i.e. one will feel fairly cooler when the outside temperature is warm, and warmer when the outside temperature is cold; hence the terminology. As claim support data, the advertiser provided a copy of letter from Raymond Luxury Cottons Limited certifying the fabrics features for Degree Control Shirts and explaining the parameters for wet drop test, and RLCL internal test reports of absorbency. 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 advertisement portrays the benefits of the material of the shirt which is said to “adapt to the body temperature”. The CCC also observed that the TVC does not make a specific numerical claim regarding degree control. As the body temperature is not expected to have wide variation, the claim of “Degree Control” in this context was not considered to be objectionable and was viewed as advertising puffery. The complaint was NOT UPHELD."

 

COMPANY:"The Himalaya Drug Company"
PRODUCT:"Himalaya Tan Removal Orange Peel Off Mask"

COMPLAINT:

“Claims to be a tan removal orange peel off mask. Removes tan very easily. Visual indicates in 15 minutes.”

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 states that their claim for removing tan is not time bounded and they have shown the clock visually just to indicate the application time. Any person who applies the mask must leave it on the face and neck for ten to fifteen minutes for better results. As claim support data, the advertiser provided product Dossier. The CCC noted that the TVC has reference to how one can get protected from tan and further states that the advertised product removes tan with great ease. On reviewing the data, the CCC noted that the tan removal benefit of the product was not substantiated with either single use or multiple uses of the product. The visual showing the model removing the peel off mask to reveal fairer skin when seen in conjunction with the visual of a clock indicating 15 minutes time accompanied with the voice over stating tan removal benefit, is likely to mislead the consumers regarding the product’s speed of action. The CCC concluded that the claim, “tan ko hataye bade asani se”, was not adequately substantiated and is misleading by ambiguity and implication. The TVC contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Future Lifestyle Fashions Ltd"
PRODUCT:"Urbana"

COMPLAINT:

"Claims to be an anti spill shirt."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The Advertiser was offered an opportunity for Personal Hearing via tele-conferencing. The advertiser submitted their written response. The CCC viewed the TVC and considered the Advertiser’s response. As claim support data, the advertiser provided product brochure, moisture transport test report, and copy of letter from Raymond Luxury Cotton, the fabric supplier to Urbana. Advertiser states that the fabrics used for the subject Shirt collection have been treated with certain chemicals and the said fabrics are stain and spill-resistant for liquids such as tea, coffee, etc. for 20 seconds approx. The CCC noted that the claim support data was generated basis single experiment and there is no data of reproducibility of results over multiple washes. Hence was considered to be inadequate. The CCC was of the view that the anti spill property will work on a fresh unwashed shirt and when the contact period with fluids is less than 20 seconds. The visual showing the protagonist brushing off the coffee drops from his shirt, with the voice over saying “No matter what spills just brush it off and watch it disappear”, is misleading by omission of disclaimer to mention that the anti spill claim is based on time limit of 20 seconds. The TVC contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Ronak Group of Companies"
PRODUCT:"Laction Range of Products"

COMPLAINT:

"“L’ACTION First time in India from French molecules” “Immediately helpful in stopping hair fall”"

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. Advertiser states that their unique formula and benefits makes the product different from other products in the market. This specially made formulation contains molecules like cyclopentasiloxone and xiameter which are imported and made by Dow-Corning. The product claim is to convey that the product assists in stopping hair fall. As claim support data, the advertiser provided certificate of analysis report and copy of product packaging; However, no other product efficacy data was submitted by the advertiser. The CCC concluded that the claim, “L’ACTION First time in India from French molecules”, was not substantiated as the ingredients quoted are common cosmetic ingredients. The claim, “Immediately helpful in stopping hair fall”, was not substantiated with evidence of product efficacy. Also, the claims are misleading by exaggeration. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Slim-N-Health"
PRODUCT:

COMPLAINT:

“Kavy Lypolysis is a new method due to which we can give proper shape to the body and eliminate obesity by reducing fat permanently”

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objections raised in the complaint. 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 for this complaint. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claims (in Marathi) as translated in English, “Kavy Lypolysis is a new method due to which we can give proper shape to the body and eliminate obesity by reducing fat permanently”, were not substantiated with any supporting clinical evidence, and are misleading by gross exaggeration regarding permanent fat reduction. Also, with reference to obesity (“latthapanna”), the advertisement is misleading by implication that the treatment would cure obesity and therefore is in Breach of the law as it violated The Drugs & Magic Remedies Act (item 38 under DMR schedule). The advertisement contravened Chapters I.1, I.4 and III.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Leeford Healthcare Pvt Ltd"
PRODUCT:"Meglow Premium Fairness Cream"

COMPLAINT:

"“Effective against dark complexion and wrinkle.” The Individual Testimonials appear to be misleading."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objections raised in the complaint. 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 for this complaint. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claim (in Hindi) as translated in English, “Effective against dark complexion and wrinkle”, was not substantiated with evidence of product efficacy, and is misleading. There is no proof that how this product is more effective than other fairness improvement products in the market. The testimonial claims, “….. rahat paane ke liye main fairness cream toh kabhi wrinkle kam karne ke liye cream lagati thi….”, “… par sab fairness cream se na to mujhe koi permanent nikhar mila aur … in cream se meri twacha aur bhi dry aur dull ho gayi thi…”, unfairly denigrated entire class/category of fairness creams in particular, and are misleading by exaggeration. The advertisement contravened Chapters I.1, I.4 and IV.1 (e) of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Bharat Sanchar Nigam Limited (BSNL Corporate)"
PRODUCT:

COMPLAINT:

"1. Claims to have the most affordable tariffs. 2. Also claims to have the fastest broadband"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objections raised in the complaint. 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 for this complaint. The CCC viewed the TVC. In the absence of comments from the Advertiser, the CCC concluded that the claims (in Hindi) as translated in English, “most affordable tariffs”, and “fastest broadband”, were not substantiated with comparative data versus other similar service providers in the same category, and are misleading by exaggeration. The TVC contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Ayurwin Pharmaceutical Pvt Ltd"
PRODUCT:"Ayurwin Nutri Slim+ Powder"

COMPLAINT:

“Last year due to obesity, I decided to get slim by using Ayurwin Nutrislim. After using it, for few months I got a beautiful and slim body. Thank you Ayurwin Nutrislim.”

NATURE OF COMPLAINT:

"“Here are the advertisement details: In the Ad, the model says that last year she was very fatty and suffering from obesity, So she started using Ayurwin Nutrislim from January to get slim body. Within few months of using it, she got slim & smart body figure. In this Ad the advertiser is clearly saying that their product makes you slim. This is contravening the Drug & magic remedies act, 1954. Also require sufficient clinical trial and other data proving its efficacy. Below is the link for the Ad in dainik bhaskar epaper : http://epaper.bhaskar.com/detail/830969/12302304546/cph/map/tabs-1/12-30-2016/60/7/image/ Also find attached the image clicked by phone of said advertisement. Please lodge my complaint and let me know the required details."""

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 for this complaint. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the testimonial claims (in Hindi) as translated in English, “Last year due to obesity, I decided to get slim by using Ayurwin Nutrislim. After using it, for few months I got a beautiful and slim body……..”, were not substantiated with product efficacy data, and are misleading by exaggeration. Also, specific to the claims implying cure for obesity (“bhahut motapa”), and the visual showing a slim model, the advertisement is in Breach of the law as it violated The Drugs & Magic Remedies Act (item 38 under DMR schedule). The advertisement contravened Chapters I.1, I.4 and III.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Guduchi The Ayurvedism"
PRODUCT:"(Obesidat)"

COMPLAINT:

"1. Obesidat ‐ India's First Scientifically Proven Research Based Ayurvedic Weight Loss Tablet 2. Obesidat removes unwanted fat by correcting cell to cell metabolism 3. Obesidat initiates cell to cell metabolism and helps in removing bad cholesterol 4. Obesidat helps lose weight in diabetic, PCOD & Thyroid patients 5. Weight once lost from Obesidat will not be regained back 6. Certified By Ayush Board The visuals in the advertisement are misleading."

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. Advertiser states that they have conducted Anti Hyperlipidemia study which suggests that Obesidat helps in weight loss and cholesterol management. Pre-clinical and clinical evaluation demonstrated that Obesidat helps in treating obesity and hyperlipidemia by improving the metabolic activity of an individual. As claim support data, the advertiser provided Anti Hyperlipidemia study, and clinical data of various patients and AYUSH licence. 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 the opinion of the Technical expert presented at the meeting. The CCC concluded that the claim, “India's First Scientifically Proven Research Based Ayurvedic Weight Loss Tablet” is misleading by exaggeration. The claims “Obesidat helps lose weight in diabetic, PCOD & Thyroid patients”, “Weight once lost from Obesidat will not be regained back”, were inadequately substantiated, and are misleading. The Claims, “Obesidat removes unwanted fat by correcting cell to cell metabolism”, “Obesidat initiates cell to cell metabolism and helps in removing bad cholesterol”, were inadequately substantiated as the data shows partially confirmed as per Pharmacological studies, and the data is based on studies conducted in rats. As for the claim, “Certified By Ayush Board”, the CCC noted that the advertiser has only a licence to manufacture the product. The CCC was of the view that Ayush gives approval only for manufacturing the product, but not for the claims being made in the advertisement. The logo showing Ayush approval implies that all the claims made in the advertisement are certified by Ayush, which is misleading by ambiguity and implication. Also, efficacy being depicted via visual transformation is misleading by exaggeration, and when seen in conjunction with the product name, implies cure for obesity (unwanted fat) which is in breach of the law as it violated The Drugs & Magic Remedies Act (item 38 under DMR schedule). The advertisement contravened Chapters I.1, I.4 and III.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Nanal Ayurveda Consultancy"
PRODUCT:"Vaidya Nanals Range of Products"

COMPLAINT:

"1. Pratiloma ‐ Unwanted Body Hair Management Cream. 2. Gives permanent benefits. 3. More effective than other medicines"

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. Advertiser states that the product has a formulation reference in Sharangadhar Samhita which is one of the approved reference book on Ayurveda. Pratiloma is a product solely based on the similar concept and Sharangadhar Samhita. As claim support data, the Advertiser provided Hartaladi lepa research paper, Copy of packaging insert, product packaging, textual references on ingredients. 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 the opinion of the Technical expert presented at the meeting. Based on the data submitted, the CCC concluded that the claims, “Pratiloma ‐ Unwanted Body Hair Management Cream - Gives permanent benefits”, was inadequately substantiated with evidence of product efficacy. There was no clinical evidence to support permanency of hair removal benefit. The claim, “More effective than other medicines”, was not substantiated with comparative test reports versus other products providing similar benefits. Also, the claims are misleading by exaggeration. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Emami Limited "
PRODUCT:"Zandu Vigorex"

COMPLAINT:

"“Recommended by Doctors”, “98% Satisfied Customers” Package Claims as they appear in the advertisement: “Boost Stamina & Energy”, “Recommended by Ayurvedic Experts”"

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. Advertiser states that the product has been developed through years of Research and Development undertaken by an In-House team of Ayurvedic experts. The efficacy of Zandu Vigorex has been tested amongst 452 users of Allopathic and Ayurvedic energy vitalizers (energy tablets / capsules). The test results indicate that among 50 Zandu Vigorex users, 98% of Zandu Vigorex users are satisfied / very satisfied with the product. The product being an Ayurvedic medicine contains various herbs which help to reduce stress and provide vigor and vitality thereby enhancing stamina and energy for healthy and happy life. The over-all combination of various ingredients collectively helps to boost stamina and energy. As claim support data, the advertiser provided copy of drug licence, specimen of advice of an Ayurvedic practitioner, IMRB certificate and data in support of claim regarding boosting stamina and energy. 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 the opinion of the Technical expert presented at the meeting. The CCC noted that - Claims - “Recommended by Doctors” and “Recommended by Ayurvedic Experts” – The advertiser justifies this claim on the basis of the product being developed by Ayurvedic experts. The CCC noted that the advertiser submitted a certificate from one Ayurvedic practitioner and did not consider this information to be representative nor adequate to make a generic claim of product recommendations. The claim is misleading by ambiguity and exaggeration. Claim – “98% Satisfied Customers” – While the Advertiser refers to a market survey by IMRB among 452 consumers, the CCC noted that the advertiser has relied on a small sample size of 50 consumers to derive the 98% product satisfaction claim. This sample size is neither statistically significant, nor reliable especially for a perception based claims. In absence of details regarding the study design and questionnaires used in this market survey, the CCC concluded that this claim was inadequately substantiated and is misleading by ambiguity. Claim - “Boost Stamina & Energy” – The CCC noted that several references from Ayurvedic texts regarding the ingredients in the product, mainly Ashwagandha, Shatavari and Shilajit have been cited by the advertiser to justify this claim. However, for this Patent and Proprietory product, no evidence of its clinical efficacy has been submitted. The CCC concluded that this claim though justified based on attributes of the ingredients, was inadequately substantiated with any clinical studies specific to this product composition, and is misleading. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 
 

COMPANY:"Adila Biotech Pvt Ltd"
PRODUCT:"Asth Prash"

COMPLAINT:

"1. Claims that the rare herbs present in Asth Prash remove the tar and cough stuck in lungs. 2. Makes lungs strong and improves respiration process. Visual showing cleaning up of lungs appears to be misleading."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objections raised in the complaint. 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 for this complaint. The CCC viewed the TVC. In the absence of comments from the Advertiser, the CCC concluded that the claims (in Hindi) as translated in English, “rare herbs present in Asth Prash remove the tar and cough stuck in lungs”, “Makes lungs strong and improves respiration process”, were not substantiated with evidence of product efficacy, and are misleading. The visual showing cleaning up of lungs was also misleading. The TVC contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Shukla Dairy Pvt. Ltd"
PRODUCT:"Shree Gokulam Dairy Products-Dahi"

COMPLAINT:

"“Advertisement in Gujarati language for dairy products on radio 91.90 FM. A child says that only their products are exclusively pure. The company claims that only their products are exclusively pure / unadulterated. This is not right. Objection is to the words being said by the kid and the agreement to it by the adult.”"

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 for this complaint. The CCC heard the radio spot. In the absence of comments from the Advertiser, the CCC concluded that the claim (in Gujarathi) as translated in English, “If Dahi is made of pure milk then it is only of Shree Gokulam Dairy”, was not substantiated with comparative data versus other similar products in the same category, and is misleading by exaggeration. The Radio spot contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY: "Sri Ram Clinic"
PRODUCT:

COMPLAINT:

"Avoid operation, Successful treatment of piles through injection"

NATURE OF COMPLAINT:

"Piles and Fistulae-Item No- 42- Schedule J"

Recommendation: UPHELD

"The CCC viewed the TVC and considered the Advertiser’s response. Advertiser’s states that the mileage of 95 kilometres per litre is supported by a disclaimer qualifying as “95 km/I Maanak Parikshan Paristhithiyo ke antaargath” (under standard test conditions). This mileage is based on the numbers certified by the Automotive Research Association of India (ARAI) in accordance with the tests conducted as per the Central Motor Vehicle Rules, 1989 (CMVR). As claim support data, the advertiser provided a copy of the ARAI certificate. Based on this data, the CCC concluded that the mileage claim of “95 kmpl” was substantiated. The complaint was NOT UPHELD."

 

COMPANY:"Janta Clinic"
PRODUCT:

COMPLAINT:

Avoid operation. Successful treatment of piles through injection

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Piles- Item No- 42- Schedule J"

 

COMPANY: "Shivansh Ayurveda "
PRODUCT:"Shivansh Ayrveda Range Of Products"

COMPLAINT:

"1. Adopt Ayurveda for increasing physical power 2. Visual implies that the product is meant to enhance sexual potency"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Maintenance or improvement of the capacity of the human being for sexual pleasure –Item no. 36 – Schedule J"

 

COMPANY:"Bengali Dawakhana "
PRODUCT:

COMPLAINT:

"1. Get your years of lost strength & youth in few days. 2. Take treatment of increased prostate without operation. 3. The visual in the ad, read in conjunction with the claims objected to implies that the product is meant for enhancement of sexual pleasure."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Maintenance or improvement of the capacity of the human being for sexual pleasure – Item no. 36 – Schedule J Disorders of the prostatic gland Item no. 15- DMR Act"

 

COMPANY: "Naturo Clinic"
PRODUCT:

COMPLAINT:

"Successful treatment of heart, Mental Disease, Paralysis, Epilepsy, Venereal disease and Diabetes"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Heart Diseases- Item No. 25 of DMR Act Diseases and disorders of brain Item no. 10 of DMR Act Mental retardation, subnormalities and growth- Item No. 37 - Schedule J Paralysis- Item no- 39 - DMR Act Item no-40 - Schedule J Epilepsy- Item no. 17 - DMR Act Epileptic fits and psychiatric disorders Item no. 16 - Schedule J Venereal diseases, including syphilis,gonorrhea, soft chancre, venereal granuloma and lymphogranuloma. Item no- 54 - DMR Act Diabetes- Heart Diseases- Item No. 25 of DMR Act Diseases and disorders of brain Item no. 10 of DMR Act Mental retardation, subnormalities and growth- Item No. 37 - Schedule J Paralysis- Item no- 39 - DMR Act Item no-40 - Schedule J Epilepsy- Item no. 17 - DMR Act Epileptic fits and psychiatric disorders Item no. 16 - Schedule J Venereal diseases, including syphilis,gonorrhea, soft chancre, venereal granuloma and lymphogranuloma. Item no- 54 - DMR Act Diabetes- Item no. 9 - DMR Act Item no. 14 - Schedule J"

 

COMPANY: "Balaji Ayurved Sansthan"
PRODUCT:"Breast Care Range Of Products"

COMPLAINT:

"1. Give a new glow to your personality. 2. Use Breast Care - a herbal, safe & easy way to give the correct shape and size to your happiness. 3. Enhance the size of your beauty. 4. The visual in the ad and the product name, read in conjunction with the claims objected to implies that the product is meant for breast enhancement."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Form and structure of the female bust- Item no.21 –DMR Act Form and structure of the breast- Item no. 19 – Schedule J"

 

COMPANY: "Vijaya Ayurvedic Pharma"
PRODUCT:"Vijaya Ayurvedic Pharma Tabletx"

COMPLAINT:

"1. Diabetes will be normal completely. For preventing diabetes, Vijaya Ayurvedic Pharma has prepared medicine, by consuming this medicine problems which occur from diabetes will be cured. 2. This ayurvedic medicine keeps diabetes in control in few days."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"Diabetes- Item no. 9 - DMR Act Item no. 14 - Schedule J"

 

COMPANY: "The Ano-Rectal Clinic"
PRODUCT:

COMPLAINT:

"1. For the first time in uttar pradesh successful Treatment of Piles, Fistula & Other diseases of anus through laser method."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"Piles and Fistulae-Item No- 42- Schedule J"

 

COMPANY:"Koya Range Of Products"
PRODUCT:

COMPLAINT:

"1. Excellent ayurvedic medicine of premature ejaculation and impotence 2. Feeling of youthfulness at the age of 60 3. The visual in the ad, read in conjunction with the claims objected to implies that the product is meant for enhancement of sexual pleasure."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"Premature Ejaculation, Impotence - Item no- 47- Schedule J Item no- 45 – DMR Act Maintenance or improvement of the capacity of the human being for sexual pleasure - Item no. 36 – Schedule J"

 

COMPANY:"Dolphin Labs"
PRODUCT:"Anaconda Range Of Products"

COMPLAINT:

"1. Feeling of amazing power in seconds, Grasp the time. 2. Only Solution of problems like weakness in nerves, Penis shrinkage, lack of vigour and premature ejaculation, serpentine, thin & small organ 3. The visual in the ad and package, read in conjunction with the claims objected to implies that the product is meant for enhancement of sexual pleasure."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Premature Ejaculation - Item no- 47- Schedule J Maintenance or improvement of the capacity of the human being for sexual pleasure – Item no. 36 – Schedule J Improvement in size and shape of the sexual organ-Item no. 30 of Schedule J"

 

COMPANY:"Izda Healthcare "
PRODUCT:"Six Foot Range Of Products"

COMPLAINT:

"1. Six Foot ( Powder and Syrup for Adults and Children) 2. A six foot youth can be noticed from afar. 3. Helpful In :- - Physical Development 3. The product name and visual in the ad together with product packaging, read in conjunction with the claims objected to implies that the product is meant to increase the stature of children and adults."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"Improvement in height of adults. Item no. 29-Schedule J Stature of person Item no. 47 – DMR Act"

 

COMPANY:"Maghil Homeo Clinic"
PRODUCT:

COMPLAINT:

"1. Permanent solution for Impotency, Infertility, 2. Impotency - Our maghil homeopathy clinic cures it without any side effects. 3. Infertility - Inadequate growth of Women ovary, Frequent aborsion, ovary tube blockage, Excess period, cist formation are the reasons for infertility. Our maghil homeopathy clinic cures it without any side effects."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"Impotence -Item no- 47- Schedule J Item no- 45 – DMR Act Diseases and disorders of the uterus- Item no. 12 – DMR Act Female Diseases (in general) Item no. 18- DMR Act Sterility in women. Item no. 48 – DMR Act Diseases and Disorders of the uterus Item no. 15 – Schedule J"

 

COMPANY:"Dwl"
PRODUCT:"Yonsuk Gold Capsules"

COMPLAINT:

"1. Yonsuk Gold Capsules-Product Name 2. Strength of Swarn bhasm, for golden moments 3. Endless Power For Endless Happiness 4. The Product name on the packaging, read in conjunction with the claims objected to implies that the product is meant for enhancement of sexual pleasure."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"Maintenance or improvement of the capacity of the human being for sexual pleasure – Item no. 36 – Schedule J"

 

COMPANY:"Care & Cure Herbals"
PRODUCT:"Shots Range Of Products"

COMPLAINT:

"Xtra Time and Desire capsules 1. An innovative formula for men. 2. Perform like a MAN 3. Now gel has more power than oil. 4. The visual on the packaging, read in conjunction with the claims objected to implies that the product is meant for enhancement of sexual pleasure."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"Maintenance or improvement of the capacity of the human being for sexual pleasure – Item no. 36 – Schedule J"

 

COMPANY: "Agrawal Fertility & Test Tube Baby Centre"
PRODUCT:

COMPLAINT:

"Makes your dream of becoming a father come true."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Sterility in women. Item no. 48 – DMR Act"

 

COMPANY:"Hashmi Herbal"
PRODUCT:"Sikandar-E-Azam Capsules"

COMPLAINT:

"1. Indrivardhak capsule available in India 2. New trust in just one capsule 3. Removes premature ejaculation & make organ strong 4. Removes weakness of nerves, premature ejaculation, nightfall, impotence. Desired sex time"

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"Premature Ejaculation, Impotence - Item no- 47- Schedule J Item no- 45 – DMR Act Maintenance or improvement of the capacity of the human being for sexual pleasure - Item no. 36 – Schedule J"

 

COMPANY:"Saaol Heart Center"
PRODUCT:

COMPLAINT:

"1. Freedom from Hearth blockages through natural bypass (ECP Therapy) without surgery, without bypass, without Angioplasty."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"Heart Diseases- Item No. 25 - DMR Act"

 

COMPANY: "Ruchi Herbals Pvt Ltd"
PRODUCT:"Long Drive Range Of Products"

COMPLAINT:

"1. No age limit. No timing restriction. 2. An ideal course for 21 days. 3. The visual in the ad and product name, read in conjunction with the claims objected to implies that the product is meant for enhancement of sexual pleasure."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Maintenance or improvement of the capacity of the human being for sexual pleasure - Item no. 36 – Schedule J"

 

COMPANY:"Tirupati Pharmacy "
PRODUCT:"Jeevan Shakti Capsule "

COMPLAINT:

"1. Get the vigour of 30 at the age of 60 2. Jeevan Shakti - Power enhancing capsules. 3. Power Booster for Men. 4. The visual in the ad, read in conjunction with the claims objected to implies that the product is meant for enhancement of sexual pleasure."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Maintenance or improvement of the capacity of the human being for sexual pleasure - Item no. 36 – Schedule J"

 

COMPANY: "Shilajit Musli Prash Kit"
PRODUCT:

COMPLAINT:

"1. Power of Safed Musli & Shilajit - For both men & women - Beneficial for age upto 77 - Just one month course 2. The visual in the ad, read in conjunction with the claims objected to implies that the product is meant for enhancement of sexual pleasure."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Maintenance or improvement of the capacity of the human being for sexual pleasure - Item no. 36 – Schedule J"

 

COMPANY:"Dr Sagar Ayurveda "
PRODUCT:

COMPLAINT:

"1. Dr Sagar Ayurveda - Operationless Permanent treatment of Piles, Fistula and Fissure 2. Successful ayurvedic treatment for chronic piles, fistula and fissure 2. Successful ayurvedic treatment for chronic piles, fistula and fissure"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Piles and Fistulae- Item No- 42- Schedule J"

 

COMPANY:"Soliel Intl"
PRODUCT:"Bt-36 Range Of Products "

COMPLAINT:

"1. BT-36 is very helpful for modern women. Helpful for perfect, firm, beautiful and healthy breast growth. 2. The visual in the ad and product name, read in conjunction with the claims objected to implies that the product and product name is meant for breast enhancement."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Form and structure of the female bust- Item no.21 –DMR Act Form and structure of the breast- Item no. 19 – Schedule J"

 

COMPANY:"Shree Baidyanath Ayur Bhawan"
PRODUCT:"Baidyanath Vita Ex Gold Plus"

COMPLAINT:

"1. Never Lets You down. 2. For Youthful energy. 3. The visual in the ad and package, read in conjunction with the claims objected to implies that the product is meant for enhancement of sexual pleasure."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Maintenance or improvement of the capacity of the human being for sexual pleasure - Item no. 36 – Schedule J"

 

COMPANY:"Matsyafed"
PRODUCT:"Chitone Anti-Fat Formula"

COMPLAINT:

"1. To prevent obesity, use Martsyafed's Chitone. 2. ""Chitone is a safe and effective prevention from Obesity"""

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Obesity- Item no – 38- DMR Act Item no – 39 – Schedule J"

 

COMPANY:"Dr Bharti Holistic Health Hosp"
PRODUCT:

COMPLAINT:

"1. Successful treatment of Rheumatoid arthritis 2. Successful treatment of Lupus "

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Rheumatism Item no- 43 - DMR Act Lupus Item no – 36 – DMR Act"

 

COMPANY:"Jagat Pharma "
PRODUCT:"Isotine Ayurvedic Eye Drops"

COMPLAINT:

"Ayurvedic eyedrop that Cures cataract & other incurable eye diseases without surgery - Improve Vision and getting rid of spectacles."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Cataract Item no. 7 – DMR Act Item no. 9 – Schedule J"

 

COMPANY:"Glenmark Pharmaceuticals Limited"
PRODUCT:"New smart inhaler"

COMPLAINT:

"1. Every asthmatics greatest fear is an empty inhaler. Now they do not have to worry 2. Asthmatics depend on their inhalers. The have to keep track of the doses in their inhalers for fear of running out of medicine when they need it most. Sometimes they don’t even know if they are getting the medicines or plain air from their inhalers. Not anymore."

NATURE OF COMPLAINT:

"“My objections are as follows: 1) Ad proclaims every asthmatics greatest fear is an empty inhaler. Now they do not have to worry. If you are an asthmatic or care for one, talk to your doctor about the new smart inhaler that makes life easier. 2) Ad says Asthmatics depend on their inhalers because for asthmatics each breath matters. The have to keep track of the doses in their inhalers for fear of running out of medicine when they need it most. Sometimes they don’t even know if they are getting the medicines or plain air from their inhalers. Not anymore. Company offers new smart inhaler that makes life easier. But how? Just because it is a smart inhaler it cannot be trusted. What is that specialty which makes it smart, and user is confident that he is getting the medication and not plain air from his inhaler. Nowhere in the Ad this is made clear. Withholding this necessary information from prospective users is to keep them in dark and taking them for a ride! 3) Company of Glenmark standing cannot be expected to do this. This Ad is in a wellness drive and Telephone No. is given 1800 266 6650and its website is given: www.eachbreathmatters.com but all that a user wants to know is the difference between the inhaler he is using and the specialty of this new smart inhaler. And company is so secretive about disclosing the fact or truth. Why? Only the company can answer. Kindly look into the above objections, call for the.”"

Recommendation: NOT UPHELD

"On receiving the CCC recommendation, the advertiser sought a review. The advertiser representatives were given personal hearing by ASCI, at which time the advertiser explained the product technology and shared the product samples. Subsequently, the advertiser submitted details of the unique features of the product. Advertiser states that the communication is meant to create awareness among Asthma Patients about the unique features of the inhaler. The inhalers come with different formulations and strengths, where a doctor’s guidance is needed. The CCC reviewed the data submitted for review, product samples submitted by the advertiser and noted that the product has unique feature of providing a count of the balance number of sprays with every use. The print communication asks the reader to consult his/her doctor and seek medical advice prior to the product use. Based on this data, the CCC concluded that the statement, “New Smart Inhalers that makes life easier”, was not objectionable. The complaint is Not Upheld on Review."

 

COMPANY:"Dish TV India Limited "
PRODUCT:"Dish TV"

COMPLAINT:

"Complaint 1: “child has difficulty reading the black board in a class room. Suggested solution is to get high resolution (5K) tv channels to prevent/preserve children's eyesight. 1. Ridicules and belittles eyesight difficulty in children- a hugely important medical issue- difficult to diagnose. Classmates are laughing and a huge telescope is pulled out by the kid. 2. Grossly misleading that High definition TV can in any way influence refractory errors in children! 3. Abuse of child's 'disability' for commercial purposes. 4. Any child not able to read a blackboard needs urgent ophthalmological consult, NOT high definition channels. 5. Whoever approved this shows ignorance and callousness.” Complaint 2:” Dish tv ane HD content. Dish tv claiming that with HD channels kids won't strain their eyes and thus not wear glasses. nonsense” Complaint 3: “The ad shows a student in classroom who is talking with his friend. The teacher asks him to stand up and read what was written on the board. The student then takes a long telescope, extends it and reads out ""I will not talk in the class"". The other students laugh. Now, the narrator asks parents to switch to Dish TV HD, and enjoy up to 5x clarity, thereby saving children's eyesight. The claim that standard definition TV channel viewing is strenuous and causes problems with eyesight, and that switching over to HD will help the eyesight, is unsubstantiated and totally unsuppo`rted by scientific facts. It is misleading, especially to the less literate people, and should be removed from being aired.” Complaint 4:” The advertisement falsely claims that HD tv viewing will prevent damage to the eyes of children. According to present research high definition TV is as harmful for our eyes as standard Definition and does not alleviate the problems caused to the eye just by improving resolution. This false advertisement preys on parents without knowledge of the biology of vision. This is blatant misuse of publicity in order to create panic in the heart of parents who would sacrifice anything for the wellbeing of their own children” Complaint 5: “A class room with children about class IV or V kinds. The teacher writes on blackboard & finds two students talking. She asks them to read out the text on the board. The boy brings out a long telescope to read as he is shown as having eyesight problem. The TVC narrative is that if children have poor eyesight its time you change to Dish TV HD. The child repeats a toll free no. on screen for buying the same. Its a serious issue needing a more humane approach by suggesting better diet & a visit to the doctor instead of selling HD connections which are not finding traction with customers. Its misleading & unethical playing with health of children & sentiments of the parents”"

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. Advertiser states that the advertisement focusses on the comparison of the quality of TV signals (High Definition HD vis a vis Standard Definition SD) and it talks of the quality of HD signals and that the same is 5 times better than the SD signals. HD has less Flicker and a better Aspect Ratio. The advertiser asserts that HD signals are well recognized to cause lesser strain on the eyes and clearer vision. Advertiser further argues that ASCI being a self-regulated body, does not have any right to overreach its jurisdiction and assume its authority to entertain any complaint made against any advertisement of Dish TV which right are guaranteed under the Constitution of India. Otherwise also, this issue i.e. the jurisdiction of ASCI to take cognizance on the advertisement campaign of Dish TV, is squarely covered in the objection raised by Dish TV in the Suit bearing number CS(OS) 104/2016 filed against ASCI before the Hon'ble High Court of Delhi. The said issue being subjudice, ASCI does not have any right to proceed with the complaints filed against Dish TV. As per the CCC, the Hon’ble Supreme Court has, in a recent judgement titled “Common Cause (A Regd Society) v Union of India and Ors”, has affirmed and recognised the self-regulatory mechanism put in place by bodies like ASCI as an effective pre-emptive step to statutory provisions in the sphere of media regulation for TV and Radio programmes in India.. The grievance redressal platform provided by self-regulatory bodies like ASCI, therefore, functions as the first step for aggrieved consumers against content in the media which might not be in line with the existing laws. The claim support data furnished by the advertiser 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 there is no scientific evidence that watching HD TV would not lead to refractive error. HD TV cannot in any way influence refractive error. There is no evidence to suggest that watching SD or low resolution TV affects the eyesight more than watching HD or high resolution TV. HD TV is as harmful as SD TV. Improving resolution cannot alleviate the problems to the eye. Any child unable to read a black board needs an urgent Ophthalmic evaluation and suggesting HD TV as one of the solutions (“Don’t let your child’s eye become weak. Start with changing your TV connection”) is. Also, the TVC shows a child with physical disability (poor vision) being ridiculed. The TVC contravened Chapters I.1, I.4 and III. 1 (b) of the ASCI Code. The complaints were UPHELD."

 

COMPANY:"Dish TV India Limited "
PRODUCT:"Dish TV"

COMPLAINT:

"“Watching TV won’t put strain on your eyes anymore! Switch to DishHD + today”"

NATURE OF COMPLAINT:

"Complaint No: 1 “Want to complain about the latest advert by DishTV India, claiming HD viewing actually reduce strain on eyes while not citing any source for the above mentioned claim. Relevant pic” Complaint No: 2 “The new Dish TV campaign for their HD services proclaims to ""protect' children's eyes by switching over to HD services. This is a multi channel campaign involving print, TV, radio, and internet advertising. This is highly objectionable and a false claim. They do not have supporting data to back this and in fact, repeated or increased TV viewing can in fact strain and damage the eyes. The ad campaign also denigrates and puts down customers and parents who may otherwise be unable to afford the premium services. Children will pester their parents to buy this and they will be forced to shell out more to keep with the demand.”"

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. Advertiser states that the advertisement focusses on the comparison of the quality of TV signals (High Definition HD vis a vis Standard Definition SD) and it talks of the quality of HD signals and that the same is 5 times better than the SD signals. HD has less Flicker and a better Aspect Ratio. The advertiser asserts that HD signals are well recognized to cause lesser strain on the eyes and clearer vision. Advertiser further argues that ASCI being a self-regulated body, does not have any right to overreach its jurisdiction and assume its authority to entertain any complaint made against any advertisement of Dish TV which right are guaranteed under the Constitution of India. Otherwise also, this issue i.e. the jurisdiction of ASCI to take cognizance on the advertisement campaign of Dish TV, is squarely covered in the objection raised by Dish TV in the Suit bearing number CS(OS) 104/2016 filed against ASCI before the Hon'ble High Court of Delhi. The said issue being subjudice, ASCI does not have any right to proceed with the complaints filed against Dish TV. As per the CCC, the Hon’ble Supreme Court has, in a recent judgement titled “Common Cause (A Regd Society) v Union of India and Ors”, affirmed and recognised the self-regulatory mechanism put in place by bodies like ASCI as an effective pre-emptive step to statutory provisions in the sphere of media regulation for TV and Radio programmes in India. The grievance redressal platform provided by self-regulatory bodies like ASCI, therefore, function as the first step for aggrieved consumers against content in the media which might not be in line with the existing laws. The claim support data was reviewed by the technical expert of ASCI. The CCC viewed the website advertisement and considered the Advertiser’s response as well as the opinion of the Technical expert presented at the meeting. The CCC noted that there is no scientific evidence that watching HD TV would not lead to refractive error. HD TV cannot in any way influence refractive error. There is no evidence to suggest that watching SD or low resolution TV affects the eyesight more than watching HD or high resolution TV. HD TV is as harmful as SD TV. Improving resolution cannot alleviate the problems to the eye. The CCC concluded that the claims, “Watching TV won’t put strain on your eyes anymore!” and “without putting strain on your kid’s eyes”, were not substantiated with credible published scientific evidence and are misleading by exaggeration. Any child unable to read a black board needs an urgent Ophthalmic evaluation and suggesting HD TV as one of the solutions (“Don’t let your child’s eye become weak. Start with changing your TV connection”) is misleading. The website / Internet advertisements contravened Chapters I.1 and I.4 of the ASCI Code. The complaints were UPHELD."

 

COMPANY:"Bennett Coleman & Co Ltd"
PRODUCT:"TimesPro"

COMPLAINT:

"1. 3 assured job interviews after course completion 2. More than 3000 candidates placed already 3. Salaries upto 3.5 Lakhs p.a."

NATURE OF COMPLAINT:

"“My objections are as follows: 1) Ad is inviting graduates under 26 years of age with 50% marks in graduation. The Ad claims selection and training in banking domain and offer assured job interviews after completion of training. TimesPro AD calls this training for Diploma in Banking Management Plus (PGDM+). 2) TimesPro Ad offers salaries up to Rs.3.5 Lakhs p.a. Timespro has done more than 3000 placements already. Times Pro calls this graduate to professional (training). 3) The Ad shows a photograph of a blue-collar employee alongside a declaration switching to banking was easy as the course equipped me with core banking domain knowledge, Mohit, Area Manager, leading national bank, Former BPO employee. 4) The Ad gives address of their learning centres in Mumbai with telephone Nos. to call. They also give their website www.timespro.com.TimesPro offers discount of Rs.10000/- on full payment of PGDBM+ course (amount not mentioned) through electronic payment till 10/1/2017. 5) The Ad makes a statement in very small print Actual student testimonial. Model in the Ad used for reference only. 6) The Ad calls this recruitment but actually they invite candidates for their courses, after successful completion of which they face interviews for banking jobs. Again showing a photograph of a person by the side of which a declaration is printed, showing as if it is a testimonial, looks like the same persons words. But in very small print at some other place it is clarified that photo is of a model and testimonial is of somebody else’s. This amounts to cheating and impersonation, which is illegal and punishable under law. In today’s competitive job market such Ads lure unsuspecting innocent people and dupe them, which is against the consumer interest. Such tactics should not be encouraged.”"

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 preliminary response, and requested for two weeks extension to send their formal reply. Advertiser was not granted an extension. The CCC viewed the print advertisement and considered the Advertiser’s response. Advertiser argues that ASCI has no power to censure newspapers and their advertisements and any such effort will suitably be defended by them at appropriate fora. Newspapers are governed and work under the aegis of Press Council of India Act, where a due process exists for addressing all complaints. If ASCI also looks into complaints which have to be addressed as per law by the Press Council, there shall be an acute miscarriage of justice, which should be avoided at all cost. Advertiser further states that the advertisement contains information on the course and data related thereto and not offering or luring any consumer with placement or job assurance. The model shown and testimonial of the student is of different person vide visible and readable declaration. The CCC viewed the advertisement and considered the advertiser’s response. As per the CCC, the Hon’ble Supreme Court has, in a recent judgement titled “Common Cause (A Regd Society) v Union of India and Ors”, affirmed and recognised the self-regulatory mechanism put in place by bodies like ASCI as an effective pre-emptive step to statutory provisions in the sphere of media regulation for TV and Radio programmes in India. After carefully analysing the provisions of the Cable TV Act and Rules, as well as the submissions presented by the Central Government regarding the necessity of self-regulation in media, the Hon’ble Court concluded that the current regulatory mechanism involving both statutory and self-regulatory system serves as a sufficient media content regulator and needs no interference. The grievance redressal platform provided by self-regulatory bodies like ASCI, therefore, function as the first step for aggrieved consumers against content in the media which might not be in line with the existing laws. Therefore, ASCI has rightly looked into the grievance received from consumer against the advertisement under reference. Also, this complaint pertains to an advertisement and ASCI reviewing it in response to a grievance registered does not qualify this as “censuring of newspapers” In the absence of claim support data, the CCC concluded that the claims, “3 assured job interviews after course completion”, and “More than 3000 candidates placed already”, were not substantiated with verifiable claim support data, and are misleading by exaggeration. As the student testimonial was not substantiated, the CCC considered the disclaimer “Actual student testimonial. Model in the ad is used for reference only” to be misleading by ambiguity. Claim, “Salaries upto 3.5 Lakhs p.a.”, was not substantiated with evidence to prove that students were offered the claimed salary packages, and is misleading. The CCC noted that this claim is also in violation of an earlier CCC recommendation under complaint number- C.7546. The advertisement contravened Guidelines for Advertising of Educational Institutions and Programs as well as Chapters I.1 and I.4 of the ASCI Code. This complaint was UPHELD."

 

COMPANY:"Bharti Airtel Ltd"
PRODUCT: "Airtel"

COMPLAINT:

"“The advertising message carried in such hoardings, web announcements and banners, are reproduced herein-below for your ready reference: Web-announcement: “Free Data for 12 months, worth Rs. 9000 Switch to Airtel 4G” Hoarding: “Free Data for 12 months. Switch to Airtel 4g. Offer open till 28th Feb on My Airtel App. Free Data worth Rs.9000” Banner: “Unlimited calls with free data for 12 months. Only on Postpaid Infinity plans. Price starting 549/- Airtel.in/infinity” Newspaper Ad: “Free Data for 12 months. Switch to Airtel 4G and get 3GB free every time you recharge with the Unlimited Calling Pack over the next 12 months. Offer open till 28th Feb on My Airtel App. Free Data worth Rs. 9000” b. In so far as the advertisements relating to prepaid/postpaid packs, are concerned, including the recent prepaid pack of Rs. 345 (minor circle wise variation in MRP) launched by M/s Bharti Airtel Limited (“Airtel”), the following (with minor variations) has been stated in the various electronic and print media: “(In hindi)“Free Calls Local +STD Saath mein payen Internet Data Rs. 148 Rs. 346 Sabhi Airtel Calls samasth Bharath mein Sabhi Local + STD calls samasth Bharath mein 4G Handset 300 MB 4G Handset 1 GB Anya sabhi Handset 50 MB Anya sabhi Handset 50 MB” To elaborate the various contraventions by Airtel of the Code and provisions cited hereinabove, we submit as follows: A. Free Data a. In so far as the free data plans are concerned, the said advertisements fail to inform customers that such free offers are applicable against specified tariff packs, for which the customer is required to pay. In other words, not only are the said free data packs entirely free, but they are also subject to specific tariff packs, including the terms and conditions referred thereto. Also, Airtel specifically fails to inform customers that where any such tariff packs are revised, the offer of free data would no longer be applicable. These critical and vital aspects are deliberately withheld thereby misleading and deceiving the customers about the true nature and ambit of such free data plans b. Airtel is claiming that the consumers will get ‘Free Data for 12 months, worth Rs. 9000’, which is a highly exaggerated and misleading claim, which has been offered without providing proper disclosures or relevant information to the customers. The data benefits are provisioned only on paying the STV MRP of Rs. 345/-, therefore these cannot be termed as free. Further, post expiry of the data benefits in the pack, the subscriber is charged at pay as you go rates therefore the free data claims are grossly misleading. c. Under the above said promotional offer, a 3 GB data pack is added to the consumers account on monthly basis. Borrowing a price index currently being used by Airtel for a 3 GB data pack with 28 day validity, i.e., Rs. 450/-, the price of using such a pack over 12 months would be Rs. 5,400 (12X450) . It then stands to reason that the benefits under the above stated promotional offer, as much lower than Airtel’s claim of Rs. 9000 and should, in fact amount only to Rs. 5,400 (12X450) over the 12 month period. However, Airtel has claimed that free data worth Rs. 9000 is made available as a direct result of this pack. Such a claim, is on the face of it, grossly misleading. It is common industry understanding that the data pricing by operators is based on data consumption per subscriber and the more such consumption, the better the cost optimization for an operator. It is therefore commonplace for operators to offer cheaper packages based on increased data consumption. Giving a go-by to this commonly accepted understanding, Airtel, by referring to a highly inflated sum as the benefit to be availed under the pack, is deliberately misleading the subscribers with an intent to make them believe that they are being provided data which is worth far more than what such subscriber is actually charged. B. Free Calls In so far as the advertisements issued by Airtel for prepaid/postpaid tariff packs are concerned, Airtel claims to offer unlimited free calls plus STD. However, in reality, these calls are not unlimited. This fact is not discernable from the advertisements of Airtel and neither does Airtel specify in the advertisements that such limitations apply or are conceived as part of its terms and conditions. However, under the terms and conditions provided on the Airtel website, Airtel has imposed certain limits on such free unlimited calling. It is apparent from the above term that neither do all prepaid packs offer unlimited calling to all customers nor do such packs offering unlimited calling cover all calls (whether airtel to airtel or other networks). This critical fact has been deliberately concealed by Airtel in its advertisements, thereby deceiving customers. Fastest 4G Network As is evident from the enclosed advertisements, Airtel is also making a claim that Airtel 4G network is fastest 4G Network in India. This claim is unsubstantiated and is being made without any supporting disclaimers..”"

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 post the due date. The CCC viewed the hoardings, web announcements, banners and print advertisement and considered the Advertiser’s response along with the terms and conditions mentioned on the Advertiser’s website pursuant to the respective offer. Claim, “Free Data for 12 months, switch to Airtel 4G. Data worth Rs. 9000” - Advertiser states that the tariff has been designed to provide for 1 GB data with a validity of 28 days along with mobile local and STD calls. As the offer clearly stipulates, the free reference is to additional data that a customer gets. As per the offer, Airtel is providing additional 3GB data (4G/ 3G) over and above the 1 GB data available as per the base construct of the Special tariff voucher of 345. The additional data of 3 GB per recharge or a total of 36 GB data for the 12 recharges is being provided totally free to the customer. The CCC drew a conclusion based on the harmonious interpretation of Clause 4, 5 & 7 of Terms and conditions that the Advertiser is providing additional 3GB data (4G/ 3G) over and above the 1 GB data available as per the base construct of the Special tariff voucher of 345. The additional data of 3 GB per recharge or a total of 36 GB data for the 12 recharges is being provided free to the customer. The CCC concluded that the claim “Free Data for 12 months, switch to Airtel 4G. Data worth Rs. 9000”, is not objectionable i.e. 36 GB of data is being given free to the customers under the offer as per the stated terms and conditions. This complaint was NOT UPHELD Claim: “Free Calls Local +STD Saath mein payen Internet Data” - Advertiser states that the Complainant has picked up old information and is also referring to an old campaign which is no longer being aired or used. In the absence of claim support data, the CCC noted that the claim “Free Calls Local +STD Saath mein payen Internet Data” was not substantiated, and is misleading. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. This complaint was UPHELD. The CCC noted the Advertiser’s response that the said advertisement campaign has been discontinued. Claim, “Fastest 4G Network” - Advertiser states that the link provided by TRAI: www.myspeed.trai.gov.in under the head “monthly trends” reflects Airtel as the fastest 4G network. It is on the basis of TRAI data that they have made this claim in the advertisement. However, in view of the fact that in a dynamic scenario that currently exists in the telecom industry as a corrective measure the advertiser offered to add a disclaimer therein so as to ensure the same is in line with the ASCI Code. The CCC verified the link provided by the advertiser www.myspeed.trai.gov.in and noted that the advertiser has used the speed comparison on the basis of “monthly trends” for the month of January 2017. However the CCC noted that the monthly trend is fluctuating with no one operator being consistently faster than the other. Also Jio features first in “Top three operators”. The CCC concluded that the claim “Fastest 4G Network” was inadequately substantiated. Also, the subject matter of comparison was chosen in such a way as to confer an artificial advantage upon the advertiser. There is likelihood of the consumer getting mislead as a result of the comparison. The complaint was UPHELD. The advertisement contravened Chapters I.1, I.4 and IV.1 (b), ( c) of the ASCI Code."

 

COMPANY:"Bharti Airtel Ltd "
PRODUCT:"Airtel international roaming pack"

COMPLAINT:

"Talk endless even in the ravines of the Grand Canyon. Enjoy unlimited free incoming in the USA with Airtel’s International Roaming packs."

NATURE OF COMPLAINT:

“Airtel says unlimited free incoming in USA. But we have to pay and Recharge roaming packs. When we pay how they are allowed to call it as a free?

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 twitter advertisement and considered the Advertiser’s response. Advertiser states that the offer stipulates that the free reference is to additional benefit that a customer gets on purchase of international roaming pack. As per the offer, and as stated in the terms and conditions, Airtel is providing additional benefit of unlimited free incoming calls over and above the services offered on subscription of international roaming pack. The additional service of incoming calls is completely free as there is no additional charge for the same. The T&C’s also reflect the same. The CCC noted that the offer provided by the advertiser is subject to terms and conditions. However the Twitter advertisement visual does not carry any such reference to the T&C. The CCC concluded that the claim offer, “Enjoy unlimited free incoming in the USA with Airtel’s International Roaming packs”, is misleading by omission to mention that the offer is subject to subscription of international roaming pack. The twitter advertisement contravened Chapter I.4 of the Code. The complaint was UPHELD."

 

COMPANY: "Vaso Meditech Pvt Ltd"
PRODUCT:"Heal Your Heart"

COMPLAINT:

"1. Heal Your Heart 2. Approved by US-FDA and Govt of Tamilnadu 3. Simple Non - Invasive Treatment for Chest Pain & Heart Attack Advertiser’s"

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. Advertiser states that Heal your Heart (Vaso-Meditech EECP center) is the register trade mark of Vaso-Meditech Pvt Ltd. Both Heal your Heart and Vaso-Meditech stands for an organisation which use EECP as a treatment modality to treat indicated cardiac patients. The application has given them legal stand to use the Logo until the final verdict is pending. EECP treatment is validated by FDA and it has approved / Cleared the use of this treatment in various heart diseases. The term approved is used in the advertisement to clarify this treatment as a scientifically proven and evidence based treatment. As claim support data, the advertiser has provided a copy of trade mark and company registration, Description of Enhanced External Counter Pulsation with references ( Bibliography), Proof of concept that EECP heal your heart, and proof of approval FDA certificate and recommendation of American and European guidelines. 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 the opinion of the Technical expert presented at the meeting. The CCC observed that - Claim – “Heal Your Heart” – This claim is a tagline for which the advertiser has yet to receive a sanction from the Authorities. The claim is likely to mislead the consumers that the EECP treatment advertised is the mainstay of the treatment of the acute heart attack which is not true since according to the advertiser EECP is an Emerging (means not yet fully accepted the world over) non invasive treatment for patient with Chronic Stable Angina with preserved and compromised Left Ventricular Function. The claim, “Heal Your Heart”, is misleading by ambiguity and exaggeration. Claim – “Approved by US-FDA and Govt of Tamil Nadu” - It was noted that the US FDA approval given is for marketing the device and not for certification of its clinical evaluation on a universal basis. Finance department of Tamil Nadu has approved EECP in the list of accredited treatments and surgeries along with other 8 modalities for the New health insurance scheme 2014. Tamil Nadu health Systems Project has also approved EECP for establishing EECP departments in Medical College hospitals in a memo to United Insurance Company Ltd for insurance approval. IIT Madras has approved EECP for covering group medical insurance for expenses incurred on the procedure. The claim, “Approved by US-FDA and Govt of Tamil Nadu”, is likely to mislead the consumers to believe that these regulatory authorities approve this modality of management as a choice by them. They have only approved the Equipment and not certified the results nor recommended its use by the public without any medical advice. This claim is misleading by ambiguity and implication. Claim – “Simple Non Invasive Treatment for Chest Pain and Heart Attack” The references provided is for some improvement in Chest Pain of patients with Chronic Stable Angina and not for all types of anginas. Average consumer perceives Heart attack as an Acute Heart attack and EECP is not yet fully and universally accepted as a modality for the same. This claim was inadequately substantiated and is misleading by omission. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY: "Nanal Ayurveda Consultancy"
PRODUCT:"Vaidya Nanals Range of Products"

COMPLAINT:

"1. Freedom from Stretch marks 2. More effective than other medicines"

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. Advertiser states that these products have a direct reference in Ayurvedic classical texts “Ashtanga Hrudaya” Sharira Sthana. As claim support data, the advertiser provided textual details on ingredients and sanction sheet I FDA License of the products. 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 the opinion of the Technical expert presented at the meeting. The CCC noted that the product composition falls into proprietary product category. The product is based on Ayurvedic text and the ingredient used is as per Ayurvedic prescription of a medicinal oil. The proprietary product of this kind is required to provide adequate therapeutic logic for specific claims or proof of its efficacy. No data was provided to prove that the product is better than other products in similar category as claimed. The claim “Freedom from Stretch marks” was considered to an absolute claim and the CCC concluded that the claim was inadequately substantiated. The claim, “More effective than other medicines”, was not substantiated with comparative data versus other similar products in the same category. Also, the claims are misleading by exaggeration. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Hamdard Laboratories (India)"
PRODUCT:"Hamdard Jigreen"

COMPLAINT:

“Protects from jaundice.”

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The advertiser was granted an extension of five days to the standard lead time of seven days to submit their reply in response to their request for extension. The advertiser representatives did not seek a personal hearing and submitted their written response. The CCC viewed the TVC (Hindi version) and considered the Advertiser’s response. Advertiser states that Jigreen is a polyherbal Unani formulation containing aqueous extracts of time tested medicinal plants. Most of these are known to possess anti hepato toxic properties and have been used in indigenous systems of medicine to treat liver disorders. Some of the ingredients of Jigreen are also known to posses anti inflammatory activity. As claim support data, the advertiser provided research papers of human and animal trial reports on Jigreen as well as studies on its various ingredients. The CCC reviewed the data and noted that the effect demonstrated by the product from the studies submitted is a curative benefit (protection in jaundice) and not a preventive benefit (protection from jaundice). In the context of the advertisement, the CCC concluded that the claim, “Protects from jaundice” (“Jaundice se suraksha”), was inadequately substantiated, and is misleading by implication. The TVC contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Amrutanjan Health Care Ltd"
PRODUCT:"Amrutanjan Relief Cough Syrup"

COMPLAINT:

“5 Times Action”

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The advertiser was granted an extension of three days to the standard lead time of seven days to submit their reply in response to their request for extension. The advertiser representatives did not seek a personal hearing and submitted their written response. The CCC viewed the TVC (in Oriya), referred to the translation of the claims and considered the Advertiser’s response. Advertiser states that the cough syrup contains the five Herbal extracts and each of which are proven to provide relief independently from cough. In view of this composition of the cough syrup, it has five therapeutic benefits, namely, Anti-viral, Anti-tussive, Anti-allergic, Anti-histaminic and Anti-inflammatory, which works in five effective ways. As claim support data, the advertiser provided Relief Cough Syrup Ayurvedic Pharmacopoeia References, and scientific Literature. The CCC reviewed the data and noted that the advertiser intended to convey that the product has a five way action however, in the TVC it has been conveyed as “five times action”. Benefit of five ingredients not equivalent to “five times” benefit, the CCC considered this to be a misrepresentation of the product benefit. The CCC concluded that the claim, “It works 5 Times better” is misleading by ambiguity and implication. The TVC contravened Chapter I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Spar Detox Clinic and Medi Facial"
PRODUCT:

COMPLAINT:

"1. Guaranteed inch loss and weight loss 2. No Exercise, No Medicine, No Surgery, No Dieting 3. FDA approved 4. Detox also Lowers, Stress, Blood Sugar, Relieves Arthritis, Joint Pain B.P., and Sinus. The before and after visuals in the ad appears to be misleading."

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. Advertiser states that Infra Red Saunas therapy help a person lose weight and burn calories. One session of 30 minutes infrared Sauna session can burn between 300-500 calories. During the treatment the advertiser does not ask client to do any exercise or consume any medicine. They explain their clients that the length of time that the body shaping will last is in their own hands. The advertiser also states that the photographs shown in the advertisement are to draw attention of newspaper reader and quickly conveys that this ad is meant for weight reduction or body shaping. The CCC noted that the advertiser has made several assertions about their treatment, but no data was submitted to substantiate the claims made. The CCC concluded that – Claims, “Guaranteed inch loss and weight loss”, “No Exercise, No Medicine, No Surgery, No Dieting”, “Detox also Lowers, Stress, Blood Sugar, Relieves Arthritis, Joint Pain B.P. and Sinus”, were not substantiated with clinical evidence of treatment efficacy, and are misleading by ambiguity and exaggeration. Claim, “FDA approved”, was not proven with supporting data and is misleading. Also, efficacy being depicted via images of “before and after the treatment” is 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 Data"

COMPLAINT:

“Free data worth Rs. 9000”

NATURE OF COMPLAINT:

"Complaint 1 “Airtel Claiming Of Providing Free Data for Users Joining Airtel between 04/01/2017 to 28/01/2017 for 12 Months in Advertisement. But They Charging For It RS. Airtel Charging RS 345 on Providing This Offer.” Complaint 2 “This is regarding the advertisement which says to switch to Airtel and get free data worth Rs. 9000. This is a completely misleading advertisement. There are a lot of terms and conditions applicable to this offer as this offer is applicable only on selected plans which are not feasible for an average consumer. Although, this thing about conditions is mentioned in the end of advertisement but it is done in very small fonts and just for a couple of seconds which makes it unreadable. And hence the cumulative effect is grossly misleading.”"

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 post the due date. The CCC viewed the TVC and considered the Advertiser’s response. Advertiser states that the tariff has been designed to provide for 1 GB data with a validity of 28 days along with mobile local and STD calls. The offer stipulates, the free reference is to additional data that a customer gets over and above the pack that he buys. As per the offer, and as stated in the terms and conditions, Airtel is providing additional 3GB data (4G/ 3G) over and above the 1 GB data available as per the base construct of the Special tariff voucher of 345. The additional data of 3 GB per recharge or a total of 36 GB data for the 12 recharges is being provided totally free to the customer. The CCC considered the Advertiser’s response along with the terms and conditions mentioned on the Advertiser’s website pursuant to the respective offer. The CCC also observed that in the TVC the advertiser has provided supers and the details of terms and conditions. The CCC concluded that the claim, “Free Data for Users Joining Airtel Between 04/01/2017 to 28/01/2017 for 12 Months”, (“Switch to Airtel 4G kyunki 12 mahine ka data free hoga”) is not misleading as per the terms and conditions stated. The complaints were NOT UPHELD."

 

COMPANY:"Amazon.com"
PRODUCT:"Micromax 32T7260HDI LED TV"

COMPLAINT:

"You can also watch your favorite content by connection your TV to smartphone, using MHL (Mobile Hi-Defination link) and Bluetooth technology"

NATURE OF COMPLAINT:

"“I order a tv on 14 December based on the description they provided on their site. They said in description that the Tv is enabled with Bluetooth and mHL technology. But the guy who came to me to install the Tv denied for the same. So I request you to please check for the same. And help me to get the product which I orders based on the description (technologies) as promised by amazon in description. Please check the attached doc for more information. Thanx. Please find the attached mail chain and related docs. I also called Amazon Customer care many times but they always disconnected my call with insulting nature. I just want the TV with the features as mentioned in advertisement (description) on amazon.in Somewhere in between amazon said to me it’s not us who selling the product on amazon.in its third parties who are selling. But sir you tell what is my mistake i just ordered by reading description given on amazon.in i didn't ordered it from Micromax, so i request you to please check and let me have the product as promised in description. one more point for same. amazon is saying to take the same new model and return the old or take refund and send back the TV. But as i had words with Micromax this model don't have these features as i talked in between with Micromax. So i request you to please help me to get the Tv with the features as mentioned in description on amazon.in”"

Recommendation: UPHELD

"The Advertiser (Amazon Seller Services P. Ltd) was approached by ASCI for their response in addressing the grievances of the complainant. The advertiser was also offered an opportunity for Personal Hearing with the ASCI Secretariat. Amazon did not seek a personal hearing and submitted their written response. The CCC viewed the website advertisement and considered Amazon’s response. Amazon argues that the product, the MRP and the product description and title are listed by the independent seller directly and usually Amazon has no direct control over the particulars of the listing. The name of the independent seller is displayed along with the product listing. The only role played by Amazon is to provide a platform to independent sellers to advertise their products and further provide logistic support inter alia money transactions, warehousing and delivery. Advertising a product on Amazon is akin to advertising it in a newspaper or a magazine. The CCC noted that the consumer has seen the product advertisement on the Amazon website and the transaction for purchase also has taken place between the consumer and Amazon. Based on the evidence provided by the complainant, the CCC concluded that the website claim, “You can also watch your favorite content by connecting your TV to smartphone, using MHL (Mobile Hi-Defination link) and Bluetooth technology”, is false and misleading as the product model delivered to the complainant did not have the features as claimed in the advertisement. The Website communication contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY: "Trophic Wellness Pvt. Ltd"
PRODUCT:"Nutricharge Products"

COMPLAINT:

"1. “Nutricharge products are sold through RCM only. 2. You Sell. We Support. Join our team as a Direct Seller. 3. If you are a housewife, student, a working man or woman with time to spare, come join us. 4. Nutricharge products are health supplements not for medicinal use. 5. The most awarded and fastest growing brand 6. The Economic Times Best Healthcare Brands 2016 7. Unmatched scientific formulations made from ingredients sourced from across the world 8. Clinically proven 9. International quality supplements priced for the Indian pocket. 10. 100% vegetarian product.”"

NATURE OF COMPLAINT:

"“I enclose herewith and Ad of Nutricharge published in The Times of India, Mumbai, dt. 07/12/2016. My objections are as follows: 1) The Ad mentions in small letters Nutricharge products are sold through RCM only. What is this RCM is not clarified. Consumers are supposed to be aware of this its meaning! 2) Ad mentions in bold letters You sell. We support. Join our team as a Direct Seller. If you are a housewife, student, a working man or woman with time to spare, come join us. Then seven various specifications of this scheme are given. From this it is clear that the AD is to invite people with a luring proposal to earn as a second income through part time work selling company’s product Nutricharge S & F and Nutricharge BJ to direct consumers. But company does not give its name, only give the name of product Nutricharge, which is a wellness nutrition product, a health supplement, not for medicinal use. 3) Ad mentions The most awarded and fastest growing brand, awarded The Economic Times Best Healthcare Brand 2016, giving the photograph of Hon. Minister for Health and family welfare, Govt. of India, presenting the award. This product name was not heard and seems to be recent introduction. It is mentioned that it is unmatched scientific formulation made from ingredients sourced from across the world. Clinically proven and international quality supplements priced for the Indian pocket. Must give references as supporting proofs for these claims. 4) This product Nutricharge is being endorsed by celebrities like Amitabh Bachchan and Sania Mirza who are a part of the brand wagon. They say Mera charge Nutricharge. Company is trying to impress upon the consumers that these celebrities are promoting this product so you should be sure of the claims of the company. 5) Ad mentions SMS DS Your Postal Pin code Number to 9243700999 and we will call you. There is no other address or company’s name or other details. 6) Ad shows fssai mark and two FSSL nos. Also it shows the green square with a green circle inside, the mark for 100% vegetarian product. But nowhere the product details (ingredients) are given, except that it is a wellness health supplement. Kindly look into the above objections, call for Company’s reply and then decide on my complaint. Kindly keep me informed.”"

Recommendation: UPHELD

"The advertiser was granted an extension of four days to the standard lead time of seven days to submit their reply in response to their request for extension. 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 whole advertisement is about direct selling. Their product formulations are unique and have been formulated after years of extensive research. The advertiser asserts that they do not find any other dietary supplement having such formulations. Their key ingredients are sourced from all over the world. As claim support data, the advertiser provided URS certificate, IMPB Award certificate, Healthcare Brand certificate, Guinness World Records Certificate, and one page excerpts of product test descriptions for Nutricharge S&F, Kids Powder and BJ products. The CCC reviewed the data and concluded that – In the context of the advertisement inviting consumers to participate in Direct Selling, the statements “Nutricharge products are sold through RCM only”, “You Sell. We Support. Join our team as a Direct Seller”, “If you are a housewife, student, a working man or woman with time to spare, come join us”, were not considered to be in violation of the ASCI code. Advertiser provided a copy of Certificate of “The Economic Times – Best Healthcare Brand 2016” awarded to the advertiser for they being symbol of excellence in Consumer Healthcare. These complaints were NOT UPHELD. While the advertiser provided few reference to awards received by them, the claim, “The most awarded and fastest growing brand”, was considered to be an absolute claim, not substantiated with any comparative data versus other brands, and is misleading by exaggeration. The CCC noted that the advertisement depicts a large range of products and the advertiser has not furnished any details regarding the product details, their composition or FSSAI approvals. The advertiser has not submitted relevant data in support of their claims. The claims, “Unmatched scientific formulations made from ingredients sourced from across the world”, “Clinically proven”, “International quality supplements priced for the Indian pocket”, “Nutricharge products are health supplements not for medicinal use” and “100% vegetarian product”, were not substantiated and are misleading by ambiguity and implication. The print advertisement contravened Chapters I.1 and I.4 of the ASCI Code. These complaints were UPHELD."

 

COMPANY:"Torneto Foods International Pvt. Ltd"
PRODUCT:"Macsy Pani Puri Wafers"

COMPLAINT:

"“Tasty Bhi, Healthy Bhi!!!!” The TVC shows a heart symbol which appears to be misleading"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The advertiser was granted an extension of seven days to the standard lead time of seven days to submit their reply in response to their request for extension. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek a personal hearing and also did not submit their written response by the extended due date. The CCC viewed the TVC. In the absence of claim support data, the CCC concluded that the claim, “Healthy Bhi”, was not substantiated and is misleading. Also, the visual of a “heart” in the TVC is misleading by implication. The TVC contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Ankur Chemfood Pvt. Ltd."
PRODUCT:"Ankur Salt Range"

COMPLAINT:

“Dr. Salt - May help in Regulation of High Blood Pressure & Promoting Physical Activity"

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 noted that the advertiser was unable to provide evidence that their salt has low sodium, despite a specific request from ASCI to produce this data. The CCC viewed the print advertisement and considered the Advertiser’s response. Advertiser states that Low Sodium salt brands are available in market from many years and promoted for regulation of high blood pressure. The CCC noted that the advertisement is attributing a therapeutic property to salt of “regulating blood pressure”. In the absence of claim support data, the CCC concluded that the claim, “Dr. Salt - May help in Regulation of High Blood Pressure & Promoting Physical Activity", was not substantiated and is misleading by ambiguity. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Chaman Lal Setia Exports Ltd"
PRODUCT:"Maharani Diabetic Rice"

COMPLAINT:

"“Low GI” “Rice Suitable for Diabetics”"

NATURE OF COMPLAINT:

"“On the Natures Basket online store, I came across a pack of Maharani Diabetic Rice marketed by Chaman Lal Setia Exports Ltd., MG Road, Ghitorni, New Delhi-30 (www.maharanirice.co.in) with misleading claims. http://www.naturesbasket.co.in/Products/Rice-Suitable-for-Diabetics---Maharani/2498_0_0_0 1. The pack makes a Low GI (Low Glycemic Index) claim (top-right of front-label) without referencing any of the clinical trials that are mandated for such a claim. Kindly note that establishing GI value of a sample of rice requires clinical trials on human subjects using samples of the actual food about which the claim is being made. As per ISO 26642:2010, the GI value of a test food needs to be determined by feeding 10 or more healthy people a portion of the test food containing 50 grams of digestible (available) carbohydrate and then measuring the effect on their blood glucose levels over the next two hours along with comparing these results with results for 50 g of glucose. The GI value must be obtained through these clinical trials (and must be proven to be below 55 as per definition of Low GI) for the marketers Low GI claim to hold true. 2. The pack also describes the product as Rice Suitable for Diabetics (front & center of the pack) which is a totally unsubstantiated statement – the marketer has not bothered to state how the product qualifies as being suitable for diabetics. Such irresponsible pack claims should not be permitted. I request ASCI to intervene and ask Chaman Lal Setia Exports Ltd. to stop misleading consumers and to 1) Withdraw these packs from the market immediately 2) Remove their products from any websites 3) Withdraw all promotional material containing the misleading claims (including on all websites & media platforms) 4) Not make any claims in the future without clinical trials, documentation & reference of the same Pictures of the pack are enclosed. The link to the product is - http://www.naturesbasket.co.in/Products/Rice-Suitable-for-Diabetics---Maharani/2498_0_0_0 I looked up the Englyst method of in-vitro testing for Glycemic Index and also checked with a couple of renowned diabetes experts about its reliability in measuring GI. Summary of all literature/ expert opinions is that Englyst method was an attempt, around 1999 to find an in-vitro method of measuring GI but did not prove to be a reliable way of measuring GI. The original 1999 paper itself recognized the limitation of in-vitro method A severe limitation of the in vitro method is that the very basis for GI testing – content of available carbohydrate of the food – cannot be measured (manufacturer’s nutrition table is used to ascertain this value). The study, by its own admission acknowledges this limitation – “no simple in vitro term is available that defines the carbohydrate in a food in such a way as to characterize its digestion in the gut” (reference cited below) When the basis for testing GI value itself is not obtained through a credible fool-proof method, the entire in vitro testing procedure is liable to scrutiny. (Reference at http://m.ajcn.nutrition.org/content/69/3/448.full#sec-12 under the ‘Discussion’ section) All major subsequent reviews have rejected it as a reliable method of GI testing 1. A 2002 study published in the European Journal of Clinical Nutrition evaluated the relationship between the results of in vitro determinations of carbohydrate digestion rates and the glycemic index. The conclusion was that there was a weak positive correlation between the two: r=0.425 (Study accessible at http://www.nature.com/ejcn/journal/v56/n8/full/1601386a.html) 2. In a very recent study (April 2016) titled ‘The Potential of an in Vitro Digestion Method for Predicting Glycemic Response of Foods and Meals’, the following conclusive statements were made regarding the in vitro method “Clearly, it was beyond the scope of this protocol to allow single measurements of dialyzable glucose at 120 min to be transformed through a linear regression model to a figure that matches GI or GL. It must be highlighted that in vitro approaches may be useful tools but do not always correlate well with in vivo values because they cannot precisely imitate human processes. There is no doubt that measuring GI in humans is the best approach. This must be considered when interpreting results obtained with the proposed protocol.” (Reference accessible at https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4848678/#sec4-nutrients-08-00209title in final paragraph of ‘Discussion’ section) Not just WHO but all major standards prescribe testing on Human subjects 1. The UN Food & Agriculture Organization’s guidelines lay down that human subjects should be used for GI-testing & furthermore “it is recommended that the standard food be repeated at least three times in each subject” UN Guidelines accessible at http://www.fao.org/docrep/w8079e/w8079e0a.htm 2. European Food Safety Authority, which is the legal food safety authority for European Union member nations, clearly states the following in its official document concerning 'EFSA's evaluation of health claims:scientific substantiation' "" human data central for substantiation - hierarchy of evidence - – quality of individual human studies – studies in animals or in vitro may provide supportive evidence "" Reference can be found on page 8 of the official document available here -https://www.efsa.europa.eu/sites/default/files/event/documentset/corporate100601-p01.pdf 3. British Standards Institution (BSI), which is the national standards body for the UK, mandates that food products be tested on human subjects in order to determine the food product's GI value, in accordance with ISO 26642:2010(Food products. Determination of the glycaemic index (GI) and recommendation for food classification). Official BSI document can be found at http://shop.bsigroup.com/ProductDetail/?pid=000000000030146968 4. The International Life Sciences Institute Europe (affiliated to World Health Organization), in its 2011 publication on ‘Food, Glycaemic Response and Health’ necessitates a minimum of 10 healthy human subjects for GI-test clinical trials. Accessible at: http://ilsi.eu/wp-content/uploads/sites/3/2016/06/Glycaemic-Response-2011.pdf 5. The Association of Physicians of India recognize & follow the UN Guidelines (mentioned above) according to which human subjects are necessities for GI-testing. This is evidenced in this article published by the journal of The Association of Physicians of India http://japi.org/october_2013/06_oa_glycaemic_index_gi.pdf 6. The Australian Standard Glycemic Index of Foods states that ""While a digestibility or hydrolysis index can be obtained by in vitro methods of assessing the rate of carbohydrate digestion, the results should not be referred to as GI values"" (Document attached) Do let me know if you need any further information”"

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 product packaging and the website advertisement and considered the Advertiser’s response. Advertiser states that their products suitable for Diabetic have been developed after thorough in-house research, testing and verification with Low Glycemic Index (G.I.) and high resistant-3. Low-GI foods by virtue of their slow digestion and absorption, produce gradual rises in blood sugar and insulin levels, and have proven benefits for health. Low GI diets have been shown to improve both glucose and lipid in people with diabetes (type 1 and type 2). Low GI diets also reduce insulin levels and insulin resistance. As claim support data, the advertiser provided Low GI Maharani Report, Low GI SUGIRS Chaman Lal Setia Report, and Certificate of Analysis. The claim support data was reviewed by the technical expert of ASCI. The CCC viewed the product packaging and the website advertisement and considered the Advertiser’s response as well as the opinion of the Technical expert presented at the meeting. The CCC noted that the test report submitted shows the average GI value for rice of 54 which falls under low GI. The claim, “Low GI” was substantiated. This complaint was NOT UPHELD. The CCC considered the claim, “Rice Suitable for Diabetics”, to be misleading in the absence of mention of serving instructions on the pack and in the advertisement as rice cannot be eaten by diabetics in excess. High intake of carbohydrates, even though low in GI value, will ultimately increase sugar levels. The product packaging and the website advertisement contravened Chapter I.4 of the Code. This complaint was UPHELD."

 

COMPANY:"Blue Brothers "
PRODUCT:"Blue brothers sugar free rice"

COMPLAINT:

"1. Sugar Free rice 2. Prevents Bad cholesterol 3. Prevents Obesity"

NATURE OF COMPLAINT:

"“On the Shopclues online store, I came across a pack of Blue Brothers Sugar Free Rice marketed by Blue Brothers, Vellore-632001 which contains multiple misleading statements. 1. The product is marketed as a Sugar Free variety of brown rice (front & center of the pack) which is a blatantly false claim. The Sugar Free marketing claim is suggesting to consumers that there is no sugar of any kind released into the bloodstream on consumption of this rice. This is scientifically impossible as sugar is always released into the bloodstream from consumption of all types of rice. This unscientific & misleading claim should not be permitted. 2. The pack also claims that this product Prevents Bad Cholesterol (RHS column on back of pack). This is a blanket claim which is unproven & has not been shown to have any scientific basis & should therefore not be permitted. 3. The pack also claims that this product Prevents Obesity (RHS column on back of pack). This is another blanket claim which is unproven & has not been shown to have any scientific basis & should therefore not be permitted. Pertaining to point #1 above: Sugar released in the blood after consumption of any food is measured by its Glycemic Index. Glycemic Index of a food is a measure of the amount by which a food raises blood glucose levels. Therefore, establishing Glycemic Index (GI) value of the product is essential if the marketer is making the claim that the product regulates blood sugar in any way. Establishing GI value of a sample of rice requires clinical trials with human subjects using samples of the actual food about which the claim is being made. As per ISO 26642:2010, the GI value of a test food needs to be determined by feeding 10 or more healthy people a portion of the test food containing 50 grams of digestible (available) carbohydrate and then measuring the effect on their blood glucose levels over the next two hours along with comparing these results with results for 50 g of glucose. Given the brazen attitude of the marketer in making unproven claims, it is apparent that this clinical study has not been conducted. I request ASCI to intervene and ask Blue Brothers to stop misleading consumers and 1) Withdraw these packs from the marketimmediately 2) Remove their products from partner websites 3) Withdraw all promotional material containing the misleading claims (including on all websites & media platforms) 4) Not make any claims in the future without clinical trials, documentation & reference of the same Pictures of the pack are enclosed. The link to the product is - http://www.shopclues.com/sugar-freerice-bbs-1kg-1.html. I looked up the Englyst method of in-vitro testing for Glycemic Index and also checked with a couple of renowned diabetes experts about its reliability in measuring GI. Summary of all literature/ expert opinions is that Englyst method was an attempt, around 1999 to find an in-vitro method of measuring GI but did not prove to be a reliable way of measuring GI. The original 1999 paper itself recognized the limitation of in-vitro method A severe limitation of the in vitro method is that the very basis for GI testing – content of available carbohydrate of the food – cannot be measured (manufacturer’s nutrition table is used to ascertain this value). The study, by its own admission acknowledges this limitation – “no simple in vitro term is available that defines the carbohydrate in a food in such a way as to characterize its digestion in the gut” (reference cited below) When the basis for testing GI value itself is not obtained through a credible fool-proof method, the entire in vitro testing procedure is liable to scrutiny. (Reference at http://m.ajcn.nutrition.org/content/69/3/448.full#sec-12 under the ‘Discussion’ section) All major subsequent reviews have rejected it as a reliable method of GI testing 1. A 2002 study published in the European Journal of Clinical Nutrition evaluated the relationship between the results of in vitro determinations of carbohydrate digestion rates and the glycemic index. The conclusion was that there was a weak positive correlation between the two: r=0.425 (Study accessible at http://www.nature.com/ejcn/journal/v56/n8/full/1601386a.html) 2. In a very recent study (April 2016) titled ‘The Potential of an in Vitro Digestion Method for Predicting Glycemic Response of Foods and Meals’, the following conclusive statements were made regarding the in vitro method “Clearly, it was beyond the scope of this protocol to allow single measurements of dialyzable glucose at 120 min to be transformed through a linear regression model to a figure that matches GI or GL. It must be highlighted that in vitro approaches may be useful tools but do not always correlate well with in vivo values because they cannot precisely imitate human processes. There is no doubt that measuring GI in humans is the best approach. This must be considered when interpreting results obtained with the proposed protocol (Reference accessible at https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4848678/#sec4-nutrients-08-00209title in final paragraph of ‘Discussion’section Not just WHO but all major standards prescribe testing on Human subjects 1. The UN Food & Agriculture Organization’s guidelines lay down that human subjects should be used for GI-testing & furthermore “it is recommended that the standard food be repeated at least three times in each subject” UN Guidelines accessible at http://www.fao.org/docrep/w8079e/w8079e0a.htm 2. European Food Safety Authority, which is the legal food safety authority for European Union member nations, clearly states the following in its official document concerning 'EFSA's evaluation of health claims:scientific substantiation' "" human data central for substantiation - hierarchy of evidence - – quality of individual human studies – studies in animals or in vitro may provide supportive evidence "" Reference can be found on page 8 of the official document available here -https://www.efsa.europa.eu/sites/default/files/event/documentset/corporate100601-p01.pdf 3. British Standards Institution (BSI), which is the national standards body for the UK, mandates that food products be tested on human subjects in order to determine the food product's GI value, in accordance with ISO 26642:2010(Food products. Determination of the glycaemic index (GI) and recommendation for food classification). Official BSI document can be found at http://shop.bsigroup.com/ProductDetail/?pid=000000000030146968 4. The International Life Sciences Institute Europe (affiliated to World Health Organization), in its 2011 publication on ‘Food, Glycaemic Response and Health’ necessitates a minimum of 10 healthy human subjects for GI-test clinical trials. Accessible at: http://ilsi.eu/wp-content/uploads/sites/3/2016/06/Glycaemic-Response-2011.pdf 5. The Association of Physicians of India recognize & follow the UN Guidelines (mentioned above) according to which human subjects are necessities for GI-testing. This is evidenced in this article published by the journal of The Association of Physicians of India http://japi.org/october_2013/06_oa_glycaemic_index_gi.pdf 6. The Australian Standard Glycemic Index of Foods states that ""While a digestibility or hydrolysis index can be obtained by in vitro methods of assessing the rate of carbohydrate digestion, the results should not be referred to as GI values"" (Document attached)”"

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 for this complaint. The CCC viewed the product packaging and the website advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claims, “Sugar Free rice”, “Prevents Bad cholesterol”, “Prevents Obesity”, were not substantiated with clinical evidence of product efficacy, and are misleading by exaggeration. Also, the CCC noted that the product packaging mentions, “hand pound brown rice”, whereas the visual shows "white rice”, which is false and misleading. The product packaging visual, claims and the website advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Elite Life Style Foods"
PRODUCT:"Maagic Rice"

COMPLAINT:

"1. Low GI 2. Diabetic Rice 3. This low GI rice helps to manage Obesity, Cholesterol and triglycerides."

NATURE OF COMPLAINT:

"“On the Snapdeal.com online store, I came across a pack of Maagic Rice marketed by Elite Life Style Foods, Khagaznagar, Adilabad-504296 (www.maagicrice.in) which contains misleading claims. 1. The pack makes a Low GI (Low Glycemic Index) claim (boxed section on the front-pack) without any substnatiation for such a claim. Establishing GI value of a sample of rice requires clinical trials on human subjects using samples of the actual food about which the claim is being made. As per ISO 26642:2010, the GI value of a test food needs to be determined by feeding 10 or more healthy people a portion of the test food containing 50 grams of digestible (available) carbohydrate and then measuring the effect on their blood glucose levels over the next two hours along with comparing these results with results for 50 g of glucose. The GI value must be obtained through these clinical trials (and must be proven to be below 55 as per definition of Low GI) for the marketers Low GI claim to hold true. 2. The pack makes a misleading claim Diabetic Rice without any substantiation 3. The pack claims that the product helps to manage obesity, cholesterol & triglycerides (boxed section on the front-pack). This is a blanket claim & once again the marketer has not cited any scientific data or clinical trials to substantiate this. Such irresponsible claims should not be permitted. I request ASCI to intervene and ask Elite Life Style Foods to stop misleading consumers and to 1) Withdraw these packs from the market immediately 2) Remove their products from any websites 3) Withdraw all promotional material containing the misleading claims (including on all websites & media platforms) 4) Not make any claims in the future without clinical trials, documentation & reference of the same A picture of the pack is enclosed. The link to the product is - https://www.snapdeal.com/product/maagic-rice-diabetic-ricepolished/627912204981#bcrumbSearch:diabetic%20rice|bcrumbLabelId:46101962 I looked up the Englyst method of in-vitro testing for Glycemic Index and also checked with a couple of renowned diabetes experts about its reliability in measuring GI. Summary of all literature/ expert opinions is that Englyst method was an attempt, around 1999 to find an in-vitro method of measuring GI but did not prove to be a reliable way of measuring GI. The original 1999 paper itself recognized the limitation of in-vitro method A severe limitation of the in vitro method is that the very basis for GI testing – content of available carbohydrate of the food – cannot be measured (manufacturer’s nutrition table is used to ascertain this value). The study, by its own admission acknowledges this limitation – “no simple in vitro term is available that defines the carbohydrate in a food in such a way as to characterize its digestion in the gut” (reference cited below) When the basis for testing GI value itself is not obtained through a credible fool-proof method, the entire in vitro testing procedure is liable to scrutiny. (Reference at http://m.ajcn.nutrition.org/content/69/3/448.full#sec-12 under the ‘Discussion’ section) All major subsequent reviews have rejected it as a reliable method of GI testing 1. A 2002 study published in the European Journal of Clinical Nutrition evaluated the relationship between the results of in vitro determinations of carbohydrate digestion rates and the glycemic index. The conclusion was that there was a weak positive correlation between the two: r=0.425 (Study accessible at http://www.nature.com/ejcn/journal/v56/n8/full/1601386a.html) 2. In a very recent study (April 2016) titled ‘The Potential of an in Vitro Digestion Method for Predicting Glycemic Response of Foods and Meals’, the following conclusive statements were made regarding the in vitro method “Clearly, it was beyond the scope of this protocol to allow single measurements of dialyzable glucose at 120 min to be transformed through a linear regression model to a figure that matches GI or GL. It must be highlighted that in vitro approaches may be useful tools but do not always correlate well with in vivo values because they cannot precisely imitate human processes. There is no doubt that measuring GI in humans is the best approach. This must be considered when interpreting results obtained with the proposed protocol.” (Reference accessible at https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4848678/#sec4-nutrients-08-00209title in final paragraph of ‘Discussion’ section) Not just WHO but all major standards prescribe testing on Human subjects 1. The UN Food & Agriculture Organization’s guidelines lay down that human subjects should be used for GI-testing & furthermore “it is recommended that the standard food be repeated at least three times in each subject” UN Guidelines accessible at http://www.fao.org/docrep/w8079e/w8079e0a.htm 2. European Food Safety Authority, which is the legal food safety authority for European Union member nations, clearly states the following in its official document concerning 'EFSA's evaluation of health claims:scientific substantiation' "" human data central for substantiation - hierarchy of evidence - – quality of individual human studies – studies in animals or in vitro may provide supportive evidence"" Reference can be found on page 8 of the official document available here -https://www.efsa.europa.eu/sites/default/files/event/documentset/corporate100601-p01.pdf 3. British Standards Institution (BSI), which is the national standards body for the UK, mandates that food products be tested on human subjects in order to determine the food product's GI value, in accordance with ISO 26642:2010(Food products. Determination of the glycaemic index (GI) and recommendation for food classification). Official BSI document can be found at http://shop.bsigroup.com/ProductDetail/?pid=000000000030146968 4. The International Life Sciences Institute Europe (affiliated to World Health Organization), in its 2011 publication on ‘Food, Glycaemic Response and Health’ necessitates a minimum of 10 healthy human subjects for GI-test clinical trials. Accessible at: http://ilsi.eu/wp-content/uploads/sites/3/2016/06/Glycaemic-Response-2011.pdf 5. The Association of Physicians of India recognize & follow the UN Guidelines (mentioned above) according to which human subjects are necessities for GI-testing. This is evidenced in this article published by the journal of The Association of Physicians of India http://japi.org/october_2013/06_oa_glycaemic_index_gi.pdf 6. The Australian Standard Glycemic Index of Foods states that ""While a digestibility or hydrolysis index can be obtained by in vitro methods of assessing the rate of carbohydrate digestion, the results should not be referred to as GI values"" (Document attached) Do let me know if you need any further information”"

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 product packaging, the website advertisement and considered the Advertiser’s response. Advertiser states that they are not the researchers/manufacturers of the rice variety and cannot conduct clinical trials. They market or trade genuine RNR 15048 rice which has registered a GI of 51 which was recognized and accredited by various institutions like IICT & NIN. Rice varieties which are currently available in the market have a high GI value (GI >65). Since high Glycemic Index foods cause a sharp rise in blood sugar after consumption, they are not recommended for Diabetics. Various ongoing research studies have proved that Low GI Foods can help manage Obesity, Cholesterol and Triglycerides. The CCC noted that the Advertiser did not provide any supporting data, but has cited few abstracts of research papers published in various journals/sources. The CCC concluded that the claims, “Low GI”, “Diabetic Rice”, and “This low GI rice helps to manage Obesity, Cholesterol and triglycerides”, were not substantiated with supporting clinical data, and are misleading by exaggeration. The product packaging and website advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Amir Chand Jagdish Kumar (Export) Ltd."
PRODUCT:"Brown Aeroplane Basmati Rice"

COMPLAINT:

"1. Low GI 2. Diabetic Friendly Essential 3. Rich in Minerals"

NATURE OF COMPLAINT:

"On the Amazon.in online store, I came across a pack of Brown Aeroplane Basmati Rice marketed by Amir Chand Jagdish Kumar (Exports) Ltd., 2735/9 Mohan Lal Palace, Naya Bazaar, Delhi (www.aeroplanerice.com) containing patently false and misleading claims. http://www.amazon.in/Aeroplane-Brown-NaturallyHealthy-Basmati/dp/B01A8BXLKQ 1) The pack makes a Low GI (Low Glycemic Index) claim (to the left of the brand logo on the label) without providing any support for this claim whatsoever. Low GI food is defined as a food having GI value less than 55. Establishing GI value of a sample of rice requires clinical trials with human subjects using samples of the actual food about which the claim is being made. As per ISO 26642:2010, the GI value of a test food needs to be determined by feeding 10 or more healthy people a portion of the test food containing 50 grams of digestible (available) carbohydrate and then measuring the effect on their blood glucose levels over the next two hours along with comparing these results with results for 50 g of glucose. The GI value must be obtained through these clinical trials (and must be proven to be below 55 as per definition of Low GI) for the marketer &; Low GI claim to hold true. 2) An ambiguous phrase & Lower GI &; is used on the label (bottom of the label, below the brand name) without any substantiation &; this is an attempt to mislead the customer. 3) The pack claims & Diabetic Friendly Essential & (to the left of the brand logo on the label) which is a completely unsubstantiated statement. This statement suggests that this is a medically essential product for diabetics (this is clearly a grossly misleading suggestion). 4) The pack also claims that the product is & Rich in minerals& (bottom of the label, below the brand name) which is unsubstantiated & is incorrect according to the nutrition table printed on the pack. Iron levels per 100g of this product are listed as 1mg while the daily recommended value for adults ranges from 15mg to 20mg. This does not constitute a product which is & ;rich in minerals &. I request ASCI to intervene and ask Amir Chand Jagdish Kumar (Exports) Ltd. to stop misleading consumers and 1) Withdraw these packs from the market immediately 2) Withdraw all promotional material containing the misleading claims (including on all websites & media platforms) 3) Remove their products from partner websites 4) Not make any GI claims in the future without clinical trials, documentation & substantiation of the same A picture of the pack is enclosed. The link to the product is - http://www.amazon.in/Aeroplane-BrownNaturally-Healthy-Basmati/dp/B01A8BXLKQ Do let me know if you need any further information”"

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 for this complaint. The CCC viewed the product packaging. In the absence of comments from the Advertiser, the CCC concluded that the claims, “Low GI”, “Diabetic Friendly Essential”, and “Rich in Minerals”, were not substantiated with supporting clinical evidence, and are misleading by exaggeration. The product packaging claims contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY: "Sri Varma Ayurvedic Hospital"
PRODUCT:

COMPLAINT:

"Diabetes can be cured through our treatment."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"Diabetes- Item no 9-DMR Act Item no 14- Schedule J"

 

COMPANY: "Sri Varma Ayurvedic Hospital"
PRODUCT:

COMPLAINT:

"1. Through Sree Varma's Ayurveda pachkarma treatment get changes in 90 to 180 days. 2. Varicose Veins - Through our treatment it can be cured."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Varicose Vein- Item No- 51- Schedule J"

 

COMPANY: "Sri Varma Ayurvedic Hospital"
PRODUCT:

COMPLAINT:

"For long lasting stomach pain, ulcer, inner piles, outer piles, Anas problems- Cure without operation & lifelong relief."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Ulcers of the gastro-intestinal tract. Item no. 53 – DMR Act Piles and Fistulae Item no. 42- Schedule J"

 

COMPANY: "Shifa Health Care Clinic"
PRODUCT:

COMPLAINT:

"Piles, Fistula, Fissures Cures Without Operation."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"Piles and Fistulae Item no. 42- Schedule J"

 

COMPANY: "Dindayal Aushadhi Pvt Ltd"
PRODUCT:"303 Capsules"

COMPLAINT:

"The visual in the ad, read in conjunction with the claims objected to implies that the product is meant for enhancement of sexual pleasure"

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"Maintenance or improvement of the capacity of the human being for sexual pleasure of -Item no. 36- Schedule J"

 

COMPANY: "Chaturbhuj Pharma Company"
PRODUCT:"Japani Capsule Range (M & F)"

COMPLAINT:

"The visual on the packaging in the ad, read in conjunction with the claims objected to implies that the product is meant for enhancement of sexual pleasure"

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"Maintenance or improvement of the capacity of the human being for sexual pleasure of -Item no. 36- Schedule J"

 

COMPANY: "Chaturbhuj Pharma Company"
PRODUCT:"Japani Oil"

COMPLAINT:

"The visual on the packaging in the ad, read in conjunction with the claims objected to implies that the product is meant for enhancement of sexual pleasure"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Maintenance or improvement of the capacity of the human being for sexual pleasure of -Item no. 36- Schedule J"

 

COMPANY: "Rajnish Hot Deals Pvt Ltd"
PRODUCT:"Play Win Capsule"

COMPLAINT:

"The visual in the ad, read in conjunction with the claims objected to implies that the product is meant for enhancement of sexual pleasure"

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"Maintenance or improvement of the capacity of the human being for sexual pleasure of -Item no. 36- Schedule J"

 

COMPANY:"Rajnish Hot Deals Pvt Ltd"
PRODUCT:"Play Win Oil"

COMPLAINT:

"The visual in the ad, read in conjunction with the claims objected to implies that the product is meant for enhancement of sexual pleasure"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Maintenance or improvement of the capacity of the human being for sexual pleasure of -Item no. 36- Schedule J"

 

COMPANY:"Rajnish Hot Deals Pvt Ltd"
PRODUCT:"Play Win Plus Capsule"

COMPLAINT:

"The visual in the ad, read in conjunction with the claims objected to implies that the product is meant for enhancement of sexual pleasure"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Maintenance or improvement of the capacity of the human being for sexual pleasure of -Item no. 36- Schedule J"

 

COMPANY: "Shree Maruti Herbal"
PRODUCT:"Stay-On Oral Liquid"

COMPLAINT:

"The claims in the ad imply that the product is meant for enhancement of sexual pleasure"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Maintenance or improvement of the capacity of the human being for sexual pleasure of -Item no. 36- Schedule J"

 

COMPANY: "Shree Maruti Herbal"
PRODUCT:"Stay-On Range Of Products"

COMPLAINT:

"The visual in the ad & packaging, read in conjunction with the claims objected to implies that the product is meant for enhancement of sexual pleasure"

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"Maintenance or improvement of the capacity of the human being for sexual pleasure of -Item no. 36- Schedule J"

 

COMPANY: "Shree Maruti Herbal"
PRODUCT:"Stay On Power Capsule"

COMPLAINT:

"The visuals in the ad & packaging, read in conjunction with the claims objected to implies that the product is meant for enhancement of sexual pleasure"

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"Maintenance or improvement of the capacity of the human being for sexual pleasure of -Item no. 36- Schedule J"

 

COMPANY: "Shree Maruti Herbal"
PRODUCT:"Stay-On Power Oil"

COMPLAINT:

"The visual on the packaging in the ad, read in conjunction with the claims objected to implies that the product is meant for enhancement of sexual pleasure"

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"Maintenance or improvement of the capacity of the human being for sexual pleasure of -Item no. 36- Schedule J"

 

COMPANY: "KRBL Limited"
PRODUCT:"India Gate Brown Rice"

COMPLAINT:

"Low GI of 8.6” “The rice is also packed with protein, especially essential amino acids such as lysine”"

NATURE OF COMPLAINT:

"“At a Warden Road, Mumbai outlet, I came across a pack of India Gate Brown Rice marketed by KRBL Limited, 5190 Lahori Gate, Delhi (www.krblrice.com) with totally false and misleading claims; The pack claims;Low GI of 8.6 Back of the same pack claims The rice is also packed with protein, especially essential amino acids such as lysine A picture of their pack is enclosed. 1. Their claim of Glycemic Index of 8.6 is not just false, it shows the marketers totally brazen attitude in making false claims; Establishing Glycemic Index (GI) of a sample of brown rice requires clinical trials on of samples of actual food about which the claim is being made with human subjects. As per ISO 26642:2010, the GI value of a test food needs to be determined by feeding 10 or more healthy people a portion of the test food containing 50 grams of digestible (available) carbohydrate and then measuring the effect on their blood glucose levels over the next two hours. And comparing these results with results for 50 g of glucose. The fact that India Gate has not taken any such study is apparent from the fact that they are making a totally random claim of Glycemic Index of their rice being 8.6. For your reference I&m also enclosing a link to a media-release by the International Rice Research Institute which is the world's premier research. organization on rice science, which shows that GI of rice ranges from 48 to 92 with an average of 64. Link - http://irri.org/news/media-releases/study-serves-uphealthy-choice-of-rice. For India Gate's brown rice which contains 75% starch, a GI of even 60 is unlikely! 2. Their claim of packed with protein, especially essential amino acids such as lysine is also false and misleading. By their own admission on the same pack, their product is actually packed 75% with carbohydrates. It has only 9.52% protein! I request ASCI to intervene and ask KRBL Limited to stop misleading the public and 1. Withdraw these packs from the market immediately 2. Not make any GI claims in the future without clinical trials on their actual brown rice as per standard protocols. “I looked up the Englyst method of in-vitro testing for Glycemic Index and also checked with a couple of renowned diabetes experts about its reliability in measuring GI. Summary of all literature/ expert opinions is that Englyst method was an attempt, around 1999 to find an in-vitro method of measuring GI but did not prove to be a reliable way of measuring GI.The original 1999 paper itself recognized the limitation of in-vitro method A severe limitation of the in vitro method is that the very basis for GI testing – content of available carbohydrate of the food – cannot be measured (manufacturer’s nutrition table is used to ascertain this value). The study, by its own admission acknowledges this limitation – “no simple in vitro term is available that defines the carbohydrate in a food in such a way as to characterize its digestion in the gut” (reference cited below) When the basis for testing GI value itself is not obtained through a credible fool-proof method, the entire in vitro testing procedure is liable to scrutiny. (Reference at http://m.ajcn.nutrition.org/content/69/3/448.full#sec-12 under the ‘Discussion’ section) All major subsequent reviews have rejected it as a reliable method of GI testing 1. A 2002 study published in the European Journal of Clinical Nutrition evaluated the relationship between the results of in vitro determinations of carbohydrate digestion rates and the glycemic index. The conclusion was that there was a weak positive correlation between the two: r=0.425 (Study accessible at http://www.nature.com/ejcn/journal/v56/n8/full/1601386a.html) 2. In a very recent study (April 2016) titled ‘The Potential of an in Vitro Digestion Method for Predicting Glycemic Response of Foods and Meals’, the following conclusive statements were made regarding the in vitro method “Clearly, it was beyond the scope of this protocol to allow single measurements of dialyzable glucose at 120 min to be transformed through a linear regression model to a figure that matches GI or GL. It must be highlighted that in vitro approaches may be useful tools but do not always correlate well with in vivo values because they cannot precisely imitate human processes. There is no doubt that measuring GI in humans is the best approach. This must be considered when interpreting results obtained with the proposed protocol.”(Reference accessible at https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4848678/#sec4-nutrients-08-00209title in final paragraph of ‘Discussion’ section) Not just WHO but all major standards prescribe testing on Human subjects 1. The UN Food & Agriculture Organization’s guidelines lay down that human subjects should be used for GI-testing & furthermore “it is recommended that the standard food be repeated at least three times in each subject” UN Guidelines accessible at http://www.fao.org/docrep/w8079e/w8079e0a.htm 2. European Food Safety Authority, which is the legal food safety authority for European Union member nations, clearly states the following in its official document concerning 'EFSA's evaluation of health claims:scientific substantiation' "" human data central for substantiation - hierarchy of evidence - – quality of individual human studies – studies in animals or in vitro may provide 6. The Australian Standard Glycemic Index of Foods states that ""While a digestibility or hydrolysis index can be obtained by in vitro methods of assessing the rate of carbohydrate digestion, the results should not be referred to as GI values"" (Document attached)””supportive evidence "" Reference can be found on page 8 of the official document available here -https://www.efsa.europa.eu/sites/default/files/event/documentset/corporate100601-p01.pdf 3. British Standards Institution (BSI), which is the national standards body for the UK, mandates that food products be tested on human subjects in order to determine the food product's GI value, in accordance with ISO 26642:2010(Food products. Determination of the glycaemic index (GI) and recommendation for food classification). Official BSI document can be found at http://shop.bsigroup.com/ProductDetail/?pid=000000000030146968 4. The International Life Sciences Institute Europe (affiliated to World Health Organization), in its 2011 publication on ‘Food, Glycaemic Response and Health’ necessitates a minimum of 10 healthy human subjects for GI-test clinical trials. Accessible at: http://ilsi.eu/wp-content/uploads/sites/3/2016/06/Glycaemic-Response-2011.pdf 5. The Association of Physicians of India recognize & follow the UN Guidelines (mentioned above) according to which human subjects are necessities for GI-testing. This is evidenced in this article published by the journal of The Association of Physicians of India http://japi.org/october_2013/06_oa_glycaemic_index_gi.pdf 6. The Australian Standard Glycemic Index of Foods states that ""While a digestibility or hydrolysis index can be obtained by in vitro methods of assessing the rate of carbohydrate digestion, the results should not be referred to as GI values"" (Document attached)””"

Recommendation: UPHELD

"On receiving the ASCI’s request for confirmation of compliance, the advertiser requested for a review of the CCC recommendation. The advertiser representatives were given personal hearing by ASCI. Advertiser in their written submission states that the GI claim is not an authorized claim by FSSAI and there is limited information regarding the same within the purview of FBO’s. In view thereof, the manufacturers are dependent upon the established and famed laboratories like SGS Lab to conduct the GI index test through any established method. In the FAO report in respect of nutrient composition and protein quality of rice relative to other cereals, it specifies the value of lysine in brown rice as 3.8g/16gN. As FAO is a reputed body within the UN domain and it has clearly quantified for the lysine content in brown rice hence, it is evident that the brown rice contains lysine and that is what has been mentioned on the label of the food article and not the source of lysine as stated in the recommendation. The advertiser states that due to the complexity of the in-vivo method there was an evident need to develop an alternative method (here, in-vitro / Englyst) such that it fits better and is easy for industry and stakeholders to adopt in the said National regime. As claim support data, the Advertiser provided SGS test report for Brown rice, EICS citation, FAO Report, etc. The claim support data was reviewed by the technical expert of ASCI. The CCC viewed the product packaging and considered the Advertiser’s response as well as the opinion of the Technical expert presented at the meeting. The CCC observed that – For the claim, “Low GI of 8.6” - the advertiser has relied on the Englyst in-vitro method. Englyst method is not considered to be a reliable way of measuring GI index as it cannot be correlated well with in-vivo values as they cannot imitate human process. The original 1999 paper published itself recognized the limitations of this in-vitro method. Since in-vitro method, the claim on GI made by advertiser for their India Gate Brown rice based on Englyst method (in-vitro) is not acceptable. Based on this information, the CCC concluded that since the advertiser has not corroborated the low GI value basis recognized in-vivo method, the claim, “Low GI of 8.6”, was not substantiated and is misleading by ambiguity and implication. The CCC also did not consider the suggestion of adding a disclaimer as a reference to “in vitro” method acceptable. The promotion claim contravened Chapters I.1 and I.4 of the ASCI Code. This CCC recommendation of complaint being Upheld stands on Review. For the claim, “The rice is also packed with protein, especially essential amino acids such as lysine”, as supporting data, the advertiser has submitted FAO report. As per data, Brown rice is shown to contain 71.1g/100 gm carbohydrate 3.8g Lysine amino acid. As per SGS lab report, the product sample has 9.2% crude protein. Based on this data, the CCC did not consider the claim to be objectionable. This complaint is Not Upheld on Review."

 

COMPANY: "Bharti Airtel Ltd"
PRODUCT:"Airtel 4G Data"

COMPLAINT:

"1. With Free 4G data for all of 2017, the web is yours to explore. Unlock the offer via #MyAirtelApp: bit.ly/2ins25Q 2. Surf to your heart’s content with FREE 4G data 3. With Free 4G data for all of 2017, the internet is yours- anytime, anywhere. Unlock the offer via #MyAirtelApp: bit.ly/2ins25Q 4. Take the web everywhere with FREE 4G data 5. Take your Internet experience to the next level with FREE 4G data for all of 2017. Unlock the offer via #MyAirtelApp: bit.ly/2ins25Q 6. Take your Internet experience to the next level with FREE 4G data for all of 2017. Unlock the offer via #MyAirtelApp: bit.ly/2iz5wl7 7. Make your phone one- stop shop with FREE 4G data. 8. Share your joys with the world with FREE 4G data for all of 2017. Unlock the offer via #MyAirtelApp: bit.ly/2ins25Q"

NATURE OF COMPLAINT:

"“The advertisement is for free 4G data for the entire year. It says to download and install the MyAirtel app for the offer. Not only did I include a screenshot but I also provided the URL of the official Facebook page of Airtel. I am not the only one. If you see 'Visitors Posts section of the page, there are other customers who have this complaint of being misled by Airtel.” I am once again noting the URL for you: https://www.facebook.com/AirtelIndia Attached are 5 different snapshots of the page. If you look pat no. 5, I have written back to them but they have not bothered to reply or rectify. In fact, since that day, they have posted a similar ad 4 to 5 times.”"

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 facebook advertisements and considered the Advertiser’s response. Advertiser states that they have added link for T&C’s to the facebook advertisement and corrected the inadvertent error that occurred at their end. Advertiser further argues that the advertisement is not misleading as Free Data i. e 36 GB of data is given free to their customers under the offer and as per the terms and conditions stated. In absence of any disclaimers indicating the tariff plan, the CCC concluded that the claims, “With Free 4G data for all of 2017, the web is yours to explore”, “Surf to your heart’s content with FREE 4G data”, “With Free 4G data for all of 2017, the internet is yours- anytime, anywhere”, “Take the web everywhere with FREE 4G data”, “Take your Internet experience to the next level with FREE 4G data for all of 2017”, “Take your Internet experience to the next level with FREE 4G data for all of 2017”, “Make your phone one- stop shop with FREE 4G data.”, “Share your joys with the world with FREE 4G data for all of 2017”, are misleading by omission and implication as this offer is subject to a customer subscribing to a pack. The facebook advertisements contravened Chapter I.4 of the ASCI Code as well as Clause 2 of ASCI Guidelines for Disclaimers (“A disclaimer should not attempt to hide material information with respect to the claim, the omission / absence of which is likely to make the advertisement deceptive or conceal its commercial intent”). The complaint was UPHELD."

 

COMPANY: "R.D. RETAILS (Flipkart)"
PRODUCT:" (Lois Caron LCS- 4162)"

COMPLAINT:

"““Lois Caron LCS - 4162 Analog Watch - For Men Flipkart par Watch me quartz dikhate hai Physical Quartz Rahata hi nahi hai. Sir Mai Flipkart Se online 3rd jan ko Ek watch Purchase kiya tha order No.OD208026899528112000 Watch Name :- Lois Caron LCS - 4162 Analog Watch - For Men Sir Online dekhege to Quartz Brand likha hai par Physical Receive hua toQuartz nahi likha tha sir complain kiya to replacement diya par usame bhi quatz nahi tha flipkart se phone aaya ki sir hum genuine product beja hai manufacture quartz ka watch banana band kar diya sir mera concern ye hai agar band kiya hai ti flipkart ke site nikal dena chayiye par kyaki sir Customer image dekh hi order karata hai sir aap bhi net par dekh sakate ho sir ye bade nam ka use karake alag hi Product De rahe hai Complain karane par koi seriousness nahi hai sir Request Hai Flipkart par strongly action lo Pata nahi aur kitana product aiase rahega. i hope you take action immediately..”"

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The R D Retails as well as the advertiser Flipkart Internet P. Ltd were approached by ASCI for their response in addressing the grievances of the complainant. Both were offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser did not seek personal hearing. The CCC also noted that no response was received from both of them prior to the due date for this complaint. The CCC viewed the website advertisement. The CCC noted that the consumer has seen the product advertisement on the Flipkart website and the transaction for purchase also has taken place between the consumer and Flipkart. Based on the evidence provided by the complainant, the CCC concluded that the website advertisement claiming the product features as “Watch Movement: Quartz”, is false and misleading as the product model delivered to the complainant did not match with the visual displayed and did not have the “Quartz” reference. The Website communication contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY: "Bank Edge"
PRODUCT:

COMPLAINT:

"1. Up to 3 LACS PER ANNUM. 2. 5000+ Candidates Successfully Placed 3. Actual student testimonial. Model in the ad used for reference only."

NATURE OF COMPLAINT:

"“My objections are as follows: 1) Ad is inviting graduates under 26 years of age with 50% marks in graduation. The Ad claims selection and training in banking domain and offer assured job interviews after completion of training. Bank Edge Ad calls it recruitment for entry level jobs with private sector banks and financial companies. 2) Bank Edge offers salaries upto Rs. 3.0 lakhs p.a. Bank Edge has done 5000+ successful placements and calls this human capital resource (training). 3) The Ad shows a photograph of a bluecollar employee alongside a declaration I was one of several million fresh graduates now they call me banker, Prajwal Bhandari, officer, Trade operations, a leading private sector bank. 4) The Ad gives address of their learning centres in Mumbai with telephone Nos. to call. They also give their website www.bankedge.in. 5) The Ad makes a statement in very small print Actual student testimonial. Model in the Ad used for reference only. 6) The Ad calls this recruitment but actually they invite candidates for their courses, after successful completion of which they face interviews for banking jobs. Again showing a photograph of a person by the side of which a declaration is printed, showing as if it is a testimonial, looks like the same persons words. But in very small print at some other place it is clarified that photo is of a model and testimonial is of somebody else’s. This amounts to cheating and impersonation, which is illegal and punishable under law. In today’s competitive job market such Ads lure unsuspecting innocent people and dupe them, which is against the consumer interest. Such tactics should not be encouraged.”"

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. Advertiser states that they do not guarantee any Placement and theirs is an Interview Guarantee Program under which minimum 3 interview opportunities are provided to the candidate on successful completion of their training program. Also, Mr. Prajwal Bhandari is one of their Trainee candidates, who was successfully trained and placed in YES Bank, as a Treasury Officer. As claim support data, the advertiser provided a copy of offer letter given to Prajwal Bhandari, and a copy of Probe Welcome letter given to the candidates who are eligible to enroll for Professional Banking Executive Program. The CCC viewed the print advertisement and considered the advertiser’s response. The CCC noted that the Advertisement shows a photograph of an employee alongside a declaration which says, “I was one of several million fresh Graduates….. Now they call me Banker. Prajwal Bhandari, Officer Trade Operations, a leading private sector bank.” The disclaimer says, “Actual student testimonial. Model in the Ad used for reference only.” The CCC observed discrepancies in the details provided for Mr Bhandari as the offer letter issued by Yes Bank has a reference of “we are pleased to appoint you as officer – operations & service delivery in Yes Bank” whereas the advertisement has a mention of “Officer Trade Operations” and the letter from the advertiser to ASCI has a mention of “Treasury Officer”. The CCC noted that the testimonial claim, the designation mentioned in the advertisement and the offer letter submitted by the advertiser is a mismatch and the advertisement projects all these different designations within the scope of a “banker” which is incorrect. The testimonial in the advertisement is misleading by ambiguity and implications. The claims, “Up to 3 Lacs Per Annum”, and “5000+ Candidates Successfully Placed”, were not substantiated with verifiable claim support data 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. This complaint was UPHELD. The CCC did not consider the use of a model photograph in the advertisement present with a disclaimer to be objectionable. This complaint was NOT UPHELD."

 

COMPANY:"Nestaway Technologies Pvt .Ltd"
PRODUCT:

COMPLAINT:

"“Get the instant Gender Changer Pack” “Rent Bachelor-Friendly Homes”"

NATURE OF COMPLAINT:

"The print ad is from Nestaway and is about bachelorfriendly homes on rent. Website given in the ad: www.nestaway.com In order to drive home the point about male bachelors not finding houses on rent easily, due to their bachelor status, the ad makes light of 'gender change', with the headline 'Get the instant gender changer pack or log on to Nestaway', accompanied by an image of a male crossed dressed as a woman in traditional clothes. The imagery and copy trivialize and offend the identities of people from the following groups: a. Transgenders (Hijra community) b. Those who struggle with Gender Identity Disorder (GID) and may undergo the painful and long-drawn (not instant) process of a Male-to-Female sex-change surgery. c. Women who suffer as much as bachelors in finding homes and enjoy the same right to find homes as spinsters (the ad is focusing on bachelors only) The USP of Nestaway could have been brought out through other, more graceful ways, instead of this offensive, patriarchal manner. In today's times, it is important to understand and respect diverse communities of people around us that co-exist with mainstream communities and not caricature their identities to sell something more effectively."

Recommendation: NOT UPHELD

"The CCC viewed the print advertisement and considered the advertiser’s response. Advertiser states that the advertisement was to use satire as a means to expose the prejudicial and preconceived mindset that people generally have while considering to lease out / license out their home to an unmarried tenant. The advertisement has no direct or indirect reference to the transgender community or any person suffering from GJD or otherwise. The CCC concluded that in the context of the advertisement depicting difficulties faced by unmarried / single people to get an accommodation as tenants, the advertisement visual read in conjunction with the headline, “Get the instant Gender Changer Pack”, is not likely to cause grave and widespread offence and does not deride any gender. The complaint was NOT UPHELD."

 

COMPANY: "One 97 Communications limited (Pay TM)"
PRODUCT:

COMPLAINT:

"A consumer use mobile for payment of petrol cost by paytm app this illegal because pump premises is prohibited for mobile use for safety future. paytm advertisement show pay to your petrol cost by mobile. oil companies already say mobile use in petrol pump is prohibited. in this condition how can consumer use mobile at petrol pump premises. detail complaint enclosed."

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 their written response. Advertiser states that in the shot, when the mobile phone is shown, the distance between the device and the edge of the pump is much more than the prescribed safety standards and the background is blurred. The actual distance as maintained at the time of shoot between the service station and the hand held mobile phone has been much greater than what is prescribed in Clause C (3) of 4th Schedule of the Petroleum Rules, 2002. Furthermore, Advertiser provided a clarification issued by the Government of India through the Petroleum and Explosives Safety Organization vide its letter bearing No. R.1 (1) 137/Pet. Act 2012 dated 19.12.2016 stating that “their would be no objection for use of POS/Mobile e-wallet beyond the hazardous area around the petroleum dispenser in petroleum retail outlets licensed” under the rules. The CCC viewed the TVC provided by the complainant and the version submitted by the advertiser and considered the Advertiser’s response. The CCC noted that the complainant has complained against an old user-uploaded YouTube advertisement which is not being aired by the advertiser. The Based on the data submitted by the advertiser and the current version of the advertisement, the CCC concluded that the scene showing the person using his mobile for making a payment for fuel, was not objectionable. The complaint was NOT UPHELD. "

 

COMPANY: "Zee News Limited "
PRODUCT:"Zee Business"

COMPLAINT:

"“The details of the Impugned Advertisements (Annexure – A Collectively) made by the Zee Network on the social media pages (namely facebook) of the Channel are as follows: a. “Thank you viewers for making us the No. 1 Business News Channel” [This appeared on the facebook page of the Channel. The source line given below is Source: BARC/22+mABC Yrs/ HSM/Wk 48’2016/0600 – 24:00/ Gross Imp. ‘000S] b. “Thank you viewers for making us the No. 1 Business News Channel” [This appeared on the facebook page of the Channel. The source line given below is Source: BARC/22+mABC Yrs/ HSM/Wk 52’2016/0600 – 24:00/ Gross Imp. ‘000S] The above statements or claims are blatantly and completely in violation of the BARC and ASCI guidelines. It is a well-established norm that as per “BARC India Ratings — Principles of Fair and Permissible Usage“, the period of comparison for any claim of leadership should cover at least four consecutive weeks of data. However, the Channel’s claim of being the No. 1 channel and the undisputed leader in business news is based on wilful misrepresentation of one single week BARC data and not four consecutive weeks of data as prescribed by BARC. Therefore, it is evident that the abovementioned claims made by Zee Network in the Impugned Advertisements are misleading and in violation of the ASCI and BARC Guidelines. The Impugned Advertisements is seeking to show ‘CNBC-TV18’, ‘CNBC-Awaaz’ and other business channels in bad light and injure their reputation and business. The said Impugned Advertisements are deliberately aimed at portraying ‘CNBC-TV18’, ‘CNBC-Awaaz’ negatively.”"

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 for this complaint. The complaint was reviewed by the technical expert of ASCI. The CCC viewed the promotional advertisements and considered the opinion of Technical expert presented at the meeting. The CCC noted that – The complaint pertains to two creatives both in the nature of social media banners that claim that Zee Business is the “No. 1 Business News Channel” in weeks 48 and 52, 2016. These claims made are in violation of BARC Guidelines: BARC specifies that for making a leadership claim, the channel must present comparative data for ‘4 consecutive clock hours and 4 consecutive weeks’: This stipulation is clearly not met by both the executions. While the source of data is clearly stated, the usage guidelines are not met. The claim, “No1, Business News Channel”, was not substantiated. Also, the advertisements are framed so as to abuse the trust of consumers or exploit their lack of experience or knowledge. The promotional advertisements contravened Chapters I.1, I.3 and 1.5 of the Code. This complaint was UPHELD. While it is clear that the advertisements make a leadership claim, neither execution makes a direct or indirect reference to any other channel, within or outside the business news genre. This apprehension of wilful misrepresentation and unfairness in competition is an inference based on extrapolating the ‘No.1’ claim to an attempt to denigrate competition. However, nothing provided in the complaint or available in a plain reading of the advertisements supports this contention. The promotional advertisements are not disparaging other competing news channels or complainant’s channels CNBC TV18 and CNBC Awaaz. This complaint was NOT UPHELD."

 

COMPANY: "Times Network"
PRODUCT:"ET Now"

COMPLAINT:

"“Annexure – A to this Complaint: A perusal of Annexure A clearly shows that the Channel’s claim of having a higher comparative audience/viewership is based on the data taken on 12th January 2017 from 16:30 – 24:00 hours (22+M AB) (All India 1 Mn+) as visible from the source line provided by the Channel. The purported single event being referred to in the given timeline is the ‘change of guard’ at the Tata group of companies and the announcement of N Chandrasekaran as the Tata Group Chairman. It is respectfully submitted that the change of guard at a company cannot be termed as qualifying the definition/explanation of a ‘single event’. On 12th January 2017 the only item of interest was the announcement of Mr. Chandrasekaran as the Chairman. It is respectfully submitted that this reportage cannot qualify to be a single event. This was a continuous series of reports happening for the past several weeks which has only culminated into a single announcement being made on 12th January 2017. This is a convenient and manipulative misinterpretation of the said Single Event Reporting Guidelines and utter disregard to and contempt of the BARC Single Event Reporting Guidelines and the ASCI Guidelines. Annexure – B to this Complaint: This is a mailer that was sent across by the Times Network. A simple reading of the mailer suggests a clear mismatch in the source line given below and the claim being made in the advertisement. The source line refers Week 51 of 2016 – Week 2 of 2017 and that too only in the category of 22+M NCCS AB Individuals- All India 1 Mn+ category. However, the advertisement seems to suggest that ET Now was the leader across all categories and throughout the year. From the aforesaid, it is evident that the abovementioned claims made by Times Network in the Impugned Advertisements are factually incorrect and unsubstantiated and been created with a clear view of deceiving and misleading the public at large by falsely implying that their Channel is the undisputed leader across all categories. The Times Network has, in the past as well, been blatantly telecasting incorrect, false and misleading statements. Times Network is deliberately hereby seeking to tarnish the image and reputation of our English Business News Channel, ‘CNBC-TV18’ by telecasting the Impugned Advertisements on the Channel ‘ET Now’ and through its mailers.”"

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 TV promo, emailer, and considered the Advertiser’s response. As claim support data, the advertiser provided copy of BARC data depicting their channel’s leadership position in 6 metros market segment in the year 2016. In response to the first complaint against the TV promo, the advertiser states that they have treated this as a monumental single event as announcement of the next chairman of the Tata Group is not a regular news; but a major event which concerns and affects the world economy. As for the second complaint against the Emailer, the advertiser states that the BMI mailer is factual in nature and based on the published BARC data of 2016, and it is part of series of e-mailers published based on their New Year marketing campaign in January 2017. The Mailer in question is manifestation of the precise declaration of the leadership position in weeks 51’16-2’17 basis BARC data. This demonstrates the fact that their leadership claim in 2016 is only with regard to 6 metros market segment. For claiming leadership position in ‘1mn+’ market segment the graph along with the attendant BARC data, is conspicuously mentioned. The claim support data was reviewed by the technical expert of ASCI. The CCC viewed the TV promo and the Emailer and considered the Advertiser’s response as well as the opinion of the Technical expert presented at the meeting. The CCC noted that the complaint pertains to two creatives: a television promo and a mailer. TV Promo: Treats the announcement of Mr. N. Chandrasekaran as Chairman, Tata Group on January 12, 2017 and claims to be ‘>165% CNBC TV18’ on the coverage. As defined in the BARC Usage Guidelines – (a) The event must be of duration longer than 30 minutes: The event, as used by ET Now, spans the period 16:30-24:00. This period of 7:30 hours meets the BARC standard for single event. (b) Audience definition must adhere to geographic and demographic stipulations: ‘22+ M, AB, All India 1 Mn.+’ meets the stipulations. (c) Event must show a minimum 25% increase from previous 4 weeks average for the same time band/audience combination OR account for more than 20% of the channel’s 24 hours viewership for the day of event: Data provided by the advertiser shows that Impressions ‘000 went down from an average of 8.2 for previous 4 Thursdays during the same day part to 3.8 on January 12. This is a decrease of 53% and fails to meet the standard for single event. (d) Competitive comparisons must confine themselves to certain permissible expressions: ET Now claims ‘>165%’. This is in violation of the BARC guidelines. The CCC concluded that the event under consideration did not meet the BARC standard for ‘Single Event’. Further, the manner of communicating the competitive comparison between ET Now and CNBC TV18 violates BARC Guidelines and constitutes a misleading assertion. While the geographic and demographic conditions for ‘Single Event’ were met, the critical stipulation about increased ratings during the day part was not met. The advertisement fails to comply with BARC Guidelines both per se and in the manner of comparing ET Now with its competitors. The TV promo contravened Chapters I.1, I.3 and I.4 of the ASCI Code. This complaint was UPHELD. Competitive comparison: The basis of comparison shares based on Impressions ‘000 is permissible. However, the comparison of shares with other channels, “ET Now 46%, CNBC TV18 43%” and so on is not compliant with BARC Guidelines. Graphical comparison: This is not permitted under the BARC Guidelines. The E-mailer contravened Chapters I.1, I.3 and I.4 of the ASCI Code. This complaint was UPHELD. E-mailer: This makes a competitive comparison between ET Now and other English Business News channels for the year 2016. Period: Week 1-Week 51, 2016: Meets the standard of being 4 weeks or longer. Audience: M22+ AB, 6 Metros: Meets both the geographic and demographic stipulations. The issue here is that BARC identifies these 6 cities as ‘Mega Cities’ while the execution uses the common parlance, ‘Metros’. This complaint was NOT UPHELD."

 

COMPANY:"Royaloak India"
PRODUCT:"Retro office table"

COMPLAINT:

“Retro Office Table Rs.9,990

NATURE OF COMPLAINT:

"“The heading says Republic Day special, Retro office table Rs 9,990. More then 100 collections in Store. The Ad is given in the Times of India 26/01/2017 page 8. There is an advertisement in the new paper Times of India for Republic Day addition on page 8 dated 26/01/2017. It says Retro office Table Rs 9,990. When I went to the Kammanahalli Store, they are saying that only the front table is available. I was okay to take the front table but then they showed me a different one which is not the one in the advertisement.. This is certainly bluffing customers with wrong advertisement and wrong information and wasting my time. Please take action and make this available for the said price."

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 for this complaint. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claim, “Retro Office Table Rs.9,990”, was not substantiated with supporting evidence of the advertised product being available for sale and evidence of genuine customers who have availed of this offer, and is misleading by omission of appropriate disclaimers clarifying the offer. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Veekesy Rubber Industries (Vkc Pride)"
PRODUCT:

COMPLAINT:

“India's No. 1 Pu Footwear”

NATURE OF COMPLAINT:

 

Recommendation: NOT UPHELD

"The advertiser representatives were given personal hearing by ASCI. The CCC viewed the print advertisement and considered the Advocate’s response submitted on behalf of the advertiser. Advocate’s response states that in the latest half year performance of footwear companies for the Financial Year 2016-2017, VKC Group turnover is second only to Bata. The VKC Group sales turnover is based on its sales to distributors which capture only 60% of the MRP value. If sales revenue is calculated based on MRP value of the products (as being done by other footwear companies), the turnover of the Group will be much higher that the Bata and thus it makes VKC to be in the top position. Unlike other footwear manufactures or resellers, the Advertiser VKC has >90% of its sale value generated from PU footwear category, which is > Rs. 1000 crore. This clearly substantiates that VKC Group is largest in sales in PU Category as well. Furthermore, M/s IPUA (Indian Polyurethane Association) has stated that the largest consumer in the footwear segment of Polyurethane system, is in their estimate is M/s VKC Group. Huntsman which is the largest supplier of PU for footwear sector in India has confirmed that VKC Group is their largest customer in India in the footwear area based on volumes of off take product in the Year of 2016. As claim support data, the advertiser provided a copy of letters from IPUA and a letter from M/s Huntsman India International Pvt. Ltd In the absence of any data contrary to the advertiser’s submissions, the CCC concluded that the claim, “India's No. 1 PU Footwear”, was substantiated. The complaint is NOT UPHELD."

 

COMPANY:"Prakshal Infotect Pvt Ltd"
PRODUCT:"Prakshal IT Academy"

COMPLAINT:

"1. 100% Job Guarantee 2. Take admission today only & get offer letter of job of Rs 15,000 3. Join prakshal's any career oriented course & earn from Rs. 1,00,000 to 5,00,000...."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The Advertiser was provided an opportunity to discuss their submission via telecon, at which time ASCI explained to them in detail regarding claim support data that they are required to submit. Subsequently the advertiser submitted their written response. Advertiser states that the offer letter of Job of Rs.15,000 is a Conditional Job Offer letter that they issue to the students enrolling in their institute. The claim of earning Rs.1,00,000 to 5,00,000 is based on their track record of over 16 years in training and placing the students in the industry in the mentioned salary range. As claim support data, the advertiser provided appointment letters of few candidates, sample of a job offer letter, and Thanks letters from some of their students. The CCC viewed the print advertisement and considered the advertiser’s response. The CCC concluded that claim, “100% Job Guarantee”, was inadequately substantiated with authentic supporting data such as detailed list of students who have been placed through their Institute, their enrolment forms and appointment letters received by the students, nor any independent audit or verification certificate. Claims, “Take admission today only & get offer letter of job of Rs.15,000”, and “Join prakshal's any career oriented course & earn from Rs. 1,00,000 to 5,00,000....”, were not substantiated with verifiable supporting data. The claims 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:"Karthik Institute of Police Coaching"
PRODUCT:

COMPLAINT:

“100% Job Guarantee”

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objection raised in the complaint. 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 for this complaint. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claim, “100% Job Guarantee”, was not substantiated with authentic supporting data such as detailed list of students who have been placed through their Institute, their enrolment forms and appointment letters received by the students, nor any independent audit or verification certificate. The claim is 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:"S2Slim Care"
PRODUCT:

COMPLAINT:

"1. Say Goodbye to Fat Forever Lose Weight Fast and Safely with New Korean Technology 2. No Exercise, No Crash Diet, No Medicines, No Side Effect. The before and after visuals appears to be misleading"

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. ASCI further requested the advertiser to provide published scientific data for the technique used specific to the slimming machines, to which no response was received. The CCC viewed the print advertisement and considered the Advertiser’s response. Advertiser states all the people suffering from overweight and obesity problems lose their weight through the Korean technology which helps in losing weight fast and safely. They recommend life style changes to their patients and as the weight loss programme does not include any exercise, medicine and crash diet, there are no side effects. For the before and after visual shown in the advertisement, they have used the photograph available on the internet. As claim support data, the advertiser provided some of their clients records indicating the before and after weight loss results. The CCC noted that the advertiser did not provide any details of the New Korean technology. The advertisement is misleading by ambiguity and omission about the life style changes the clients are required to make and implies that the weight loss would be achievable with the Korean Technology alone. The CCC concluded that the claims, “Say Goodbye to Fat Forever, Lose Weight Fast and Safely with New Korean Technology”, and “No Exercise, No Crash Diet, No Medicines, No Side Effect”, were not substantiated with supporting clinical evidence, and with treatment efficacy data, and are misleading by gross exaggeration. The efficacy being depicted via images of before and after the treatment are misleading by gross exaggeration. The advertisement contravened Chapters I.1, and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Hindustan Unilever Limited"
PRODUCT:"Ponds Age Miracle Firm & Lift"

COMPLAINT:

"1. 10 years younger with Pond's Age Miracle Firm and Lift 2. Firms and lifts neckline and jawline 3. Firm and lift your Y-Contour. Look up to 10 years* younger 4. INSIDE - Instant Lift Complex strengthens skin and lifts the fibers in the jaw and neckline 5. OUTSIDE - A firmer, lifted Y-Contour."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The advertiser representatives were given personal hearing by ASCI. Subsequently the advertiser submitted their written response in which the Advertiser states that the claim of “look up to 10 years younger” is based on improvement of fine lines and wrinkles post product application as per a clinical study where images capturing reduction has been analyzed by facial analysis software. Based on the reduction of lines and wrinkles, age improvements were in excess of 10 years for a good percentage of the subjects group. The clinical data for the product BK90 demonstrates that the cream delivered the firming, uplifting and anti-aging benefits through various clinical measurements over a period of 12 weeks of product usage. InstantLift is the term coined by Unilever and the trademark application has been made for registering the same. As claim support data, the advertiser provided clinical study to evaluate firming and lifting anti-aging benefit of massager and cream. 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 the opinion of the Technical expert presented at the meeting. The CCC noted that the study was done in Chinese population, results of which cannot necessarily be extrapolated to Indians as confounding factors in Indians due to geographical and cultural factors are not taken into account. For a visual assessment, this factor was considered to be an important basis of claim support especially specific to age related assessment. The study quoted to claim 10 years younger showed that only half the subjects (22/44) tested 10 years younger by the parameters used at least at one of the three times they were tested during the study and not at all times they were tested. Furthermore, half of the volunteers of a small sample can not be extrapolated to the population at large. While firming of skin was studied by objective parameters using cutometer, Lifting of neckline and jawline and lifting of Y Contour was assessed using visual grading which is subjective and therefore not very reliable. The CCC also noted that claims associated with “Instantlift complex” are based on in vitro data and for the product ingredient and this is in-vitro data may not always be extrapolated to in-vivo effects for the finished product. Furthermore, “Instantlift complex” terminology is misleadingly as it suggests that changes (strengthens skins and lifts the fibres in the jaw and neckline) will occur instantaneously, which is not borne out by any of the research quoted. The “firmer and lifted Y contour” is shown on photograph where the difference seen in the before and after photographs is debatable. Based on this data, the CCC concluded that while the product demonstrates efficacy in reducing fine lines and wrinkles and potentially appearance of skin as per data submitted, the claims pertaining to age related changes in the facial contour / neckline / jawline i.e., “10 years younger with Pond's Age Miracle Firm and Lift”, “Firms and lifts neckline and jawline”, “Firm and lift your Y-Contour. Look up to 10 years younger”, “INSIDE - Instant Lift Complex strengthens skin and lifts the fibers in the jaw and neckline”, “OUTSIDE - A firmer, lifted Y-Contour”, were inadequately substantiated. In the context of the visual in the advertisement emphasizing on the Y contour, the claim of “look upto 10 years younger” was considered to be misleading ambiguity and implication. The advertisement contravened Chapters I.1 and I.4 of the Code. The complaint was UPHELD."

 

COMPANY:"MSME Development Centre"
PRODUCT:"Process and Product Development Centre"

COMPLAINT:

“100% Placements”

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. Advertiser states that their Centre is conducting 3 months courses in line with the QP developed by Sector Skill Council of NSDC. Based on the market demand and Confirmation/ Assurance received from reputed Solar manufacturing/ Installation & Commissioning Companies for recruitment of Solar Technician, the referred advertisement was published in Coimbatore edition for taking admission of 50 nos. of students in Solar Technicians courses. The advertiser hopes that all passed out candidates from this course will get placement. The CCC noted that the advertiser is positioning this claim as a future promise. As the advertiser has not achieved 100% placement, in the absence of claim support data, the CCC concluded that the claim, “100% Placements”, was not substantiated and the claim is misleading by ambiguity and 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:"Gurukul Education Centre"
PRODUCT:

COMPLAINT:

“No.1 Since 1987”

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objection raised in the complaint. 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 for this complaint. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claim, “No.1 Since 1987”, was not substantiated with any verifiable comparative data versus other similar institutes in the same category or any third party validation or research to prove this claim. Also, the claim is misleading by exaggeration. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Embicon Tech Hub "
PRODUCT:

COMPLAINT:

“Get Sure Job With Good Salary”

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objection raised in the complaint. 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 for this complaint. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claim, “Get Sure Job With Good Salary”, was not substantiated with verifiable supporting data such as detailed list of students who have been placed through their Institute contact details of students for independent verification, enrolment forms and appointment letters received by the students. The claim is misleading by implication that the institute is providing permanent jobs. 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:"IIT-ian's PACE Education Pvt. Ltd."
PRODUCT:"IIT-ians PACE"

COMPLAINT:

“The most trusted brand of India since 17 years”

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objection raised in the complaint. 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 for this complaint. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claim, “The most trusted brand of India since 17 years”, was not substantiated with comparative data versus other similar brands in the same category, nor any independent audit or verification certificate. Also, the claim is misleading by exaggeration. The advertisement contravened Chapters I.1, and I.4 of the ASCI Code. This complaint was UPHELD."

 

COMPANY:"Dheya IAS"
PRODUCT:

COMPLAINT:

“India's Most Trusted Institute for last 15 years”

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objection raised in the complaint. 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 for this complaint. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claim, “India's Most Trusted Institute for last 15 years”, was not substantiated with comparative data versus other similar institutes in the same category, nor any independent audit or verification certificate. Also, the claim is misleading by exaggeration. The advertisement contravened Chapters I.1, and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Delhi IVF And Fertility Research Centre"
PRODUCT:

COMPLAINT:

"1. Childlessness? No Problem (Don’t Loose Hope) We have Viable Solution for every Problem 2. Oldest and most successful IVF Clinic"

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objections raised in the complaint. 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 for this complaint. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claim, “Childlessness? No Problem (Dont Loose Hope) We have Viable Solution for every Problem”, was not substantiated with clinical evidence. Claim, “Oldest and most successful IVF Clinic”, was not substantiated with comparative data versus other similar clinics in the same category, nor any independent audit or verification certificate, and is misleading. The claim, “Childlessness? No Problem (Dont Loose Hope) We have Viable Solution for every Problem”, is misleading and implies treatment for infertility, which is in Breach of the law as it violates 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:"Blizz Biosculpting"
PRODUCT:

COMPLAINT:

"1. Advanced Fusion Technology for Instant Results!!! 2. Lose 2 inches in one session & reshaping of Specific Areas. The before and after visuals in the advertisement appear to be misleading."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objections raised in the complaint. 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 for this complaint. Advertiser did not provide details of the Advanced Fusion Technology and treatment procedure for weight reduction. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claims, “Advanced Fusion Technology for Instant Results!!!”, “Lose 2 inches in one session & reshaping of Specific Areas”, were not substantiated with any supporting clinical evidence, and with treatment details, and are misleading by exaggeration. The efficacy being depicted via images of before and after the treatment are misleading by gross exaggeration. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Vibes Healthcare Limited"
PRODUCT:"Vibes Centre"

COMPLAINT:

"1. Get rid of excess fat without any surgery 2. Lose 5-7 cms in 1 session and get 3 kgs weight loss free 3. FDA Approved"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objections raised in the complaint. 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 for this complaint. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claims, “Get rid of excess fat without any surgery”, and “Lose 5-7 cms in 1 session and get 3 kgs weight loss free”, were not substantiated with supporting clinical evidence, and are misleading by gross exaggeration. Claim, “FDA Approved”, was not proven with supporting data, and is misleading by ambiguity and implication. Also, the visual in the advertisement appears to be misleading. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY: "Viva Live The Life"
PRODUCT:

COMPLAINT:

"“Cavi Lipolysis for permanent & guaranteed fat loss” The visual in the advertisement appears to be misleading"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objections raised in the complaint. 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 for this complaint. The CCC noted that the advertiser did not provide details of the Cavi Lipolysis treatment procedure for fat reduction. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claim, “Cavi Lipolysis for permanent & guaranteed fat loss”, was not substantiated with supporting clinical evidence, and is misleading by gross exaggeration. Also, the visual in the advertisement appears to be misleading. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Butterfly Ayurveda Pvt. Ltd"
PRODUCT:"Pancreofly Blood glucose Metabolizer"

COMPLAINT:

"1) Butterfly Ayurveda Pancreofly Capsule is a clinically evaluated, unique combination of herbal extracts. 2) Helps in minimizing long term diabetic complications - peripheral neuropathy, retinopathy and male impotency. 3) It helps in maintaining healthy cholesterol. 4) Pancreofly Capsules help you in preventing or curing diabetes in all forms and enhancing life for a healthier tomorrow."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objections raised in the complaint. 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 for this complaint. The CCC viewed the promotional emailer advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claims, “Butterfly Ayurveda Pancreofly Capsule is a clinically evaluated, unique combination of herbal extracts”, “Helps in minimizing long term diabetic complications - peripheral neuropathy, retinopathy and male impotency”, “It helps in maintaining healthy cholesterol”, and “Pancreofly Capsules help you in preventing or curing diabetes in all forms and enhancing life for a healthier tomorrow”, were not substantiated with evidence of product efficacy, and are misleading by exaggeration. Specific to the claims related to cure for Diabetes, the emailer advertisement is in Breach of the law as it violated The Drugs & Magic Remedies Act (item 9 under DMR schedule). The promotional emailer advertisement contravened Chapters I.1, I.4 and III.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Herbal Icon India Company"
PRODUCT:"Sora GM Kit"

COMPLAINT:

"1. Freedom from Psoriasis 2. Sora- GM Kit is proved first successful ayurvedic medicine to stop the Psoriasis problem permanently."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the concerned Media (Prabhat Khabar) for their assistance in providing the contact details of the advertiser, or to forward the complaint to the advertiser. The CCC noted that no response was received from the advertiser or from the concerned media prior to the due date for this complaint. 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 Hindi) as translated in English, “Freedom from Psoriasis”, and “Sora- GM Kit is proved first successful ayurvedic medicine to stop the Psoriasis problem permanently”, were not substantiated with proof of product efficacy. Also, the claims are grossly misleading. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Zee Laboratories Limited"
PRODUCT:"Zeegold Capsules"

COMPLAINT:

"1. India's most popular Zeegold Strong Capsules. 2. Daily Nutritional Supplement 3. Remove fatigue, get success 4. Complete nourishment every day"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objections raised in the complaint. 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 for this complaint. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claims, “Daily Nutritional Supplement”, “Remove fatigue, get success”, and “Complete nourishment every day”, were not substantiated with any product efficacy data and are misleading by gross exaggeration. Claim, “India's most popular Zeegold Strong Capsules”, was not substantiated with comparative data versus other similar products in the same category, and is misleading by exaggeration. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Ayurwin Pharma Pvt. Ltd."
PRODUCT:"Nutrislim Plus Range Of Products (Powder & Capsules)"

COMPLAINT:

“For becoming slim- Nutrislim Plus”

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objection raised in the complaint. 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 for this complaint. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claim, “For becoming slim- Nutrislim Plus”, was not substantiated with any product efficacy data and is misleading by gross exaggeration. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Jolly Healthcare "
PRODUCT:"Fat Go Slimming Capsules, Powder And Oil"

COMPLAINT:

"1. Jolly Fat Go - Shape me 2. Jolly Fat go has made me Slim, Smart and Fit."

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. Advertiser states that their products are manufactured as per the composition approved by the ministry of AYUSH and the formulation is based on the books approved & certified from ministry of AYUSH. As claim support data, the advertiser provided textual Ayurvedic references on ingredients. The CCC noted that the advertiser has only given assertions about their product but has not provided any clinical data in support of the claims made. Advertiser did not submit the product sample and Product Approval License from Regulatory Authority. The CCC concluded that the claims, “Jolly Fat Go - Shape me”, and “Jolly Fat go has made me Slim, Smart and Fit”, were inadequately substantiated with evidence of product efficacy and are misleading by exaggeration. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Tulsi Health Care "
PRODUCT:"True Ayurveda Hair Oil "

COMPLAINT:

“Controls hairfall in 3 days”, “Growth of hair upto 2 inches within 35 days”

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objections raised in the complaint. 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 for this complaint. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claims, “Controls hairfall in 3 days”, and “Growth of hair upto 2 inches within 35 days”, were not substantiated with evidence of product efficacy, and are misleading by gross exaggeration. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Dhanvantri Clinic "
PRODUCT:"Dhanvantri Ayurvedic "

COMPLAINT:

"1. Now Get Freedom from the spinal problems. 2. Now No need for operation - because you will get permanent freedom through pure ayurvedic medicine and researched treatments."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objections raised in the complaint. 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 for this complaint. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claims, “Now Get Freedom from the spinal problems”, and “Now No need for operation - because you will get permanent freedom through pure ayurvedic medicine and researched treatments”, were not substantiated with clinical evidence, and are misleading by gross exaggeration. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"K S Varier’s Ashtanga Ayurvedics (P) Ltd."
PRODUCT:"Ashtanga Leno Drink"

COMPLAINT:

"1. Lose Weight 2. Benefits: - Helps enhance metabolism - Helps increase fat burning - Helps reduce excess weight - Helps protect Liver - Helps fight urinary infections - Immuno-modulator"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The advertiser was granted an extension to the standard lead time of seven days to submit their reply in response to their request for extension of two weeks. The advertiser representatives did not seek a personal hearing and submitted their written response. Advertiser states that Leno is an Ayurvedic food product, processed according to the Ayurvedic Kashaya kalpana. They are presently selling the product to customers in their clinics and to other doctors practicing Ayurveda, Siddha and other Indian systems of medicine. The efficacy is individualistic as the prakruthi of each patient varies. As claim support data, the advertiser provided a copy of the FSSAI, a product sample, Ayurvedic references and data on ingredients of the product, and prescriptions of some doctors recommending the product for weight reduction. The CCC viewed the print advertisement and considered the advertiser’s response. The CCC noted that while the advertiser assertions emphasize on the ayurvedic ingredients, the product is positioned as a food product. No weight loss efficacy data specific to the advertised product was submitted by the advertiser. The CCC reviewed the data, and concluded that the claims, “Lose Weight”, “Benefits: - Helps enhance metabolism - Helps increase fat burning - Helps reduce excess weight - Helps protect Liver - Helps fight urinary infections - Immuno-modulator”, were inadequately substantiated with clinical evidence of product efficacy and are misleading by ambiguity and gross exaggeration. Furthermore, efficacy being depicted via visual transformation of a fat person to thin person on the pack is misleading. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Ravi Kamal Flour Mill"
PRODUCT:"Jiwa Diabetic Care Atta"

COMPLAINT:

“Diabetic Care Atta”

NATURE OF COMPLAINT:

"While looking for healthy atta online, I came across a pack of Jiwa Diabetic Care Atta marketed by Ravi Kamal Flour Mills Pvt. Ltd., Mumbai- 400050 (www.jiwa.in) which contained a misleading claim. The pack claims that the product is Diabetic Care Atta (front & center of the pack) without giving any substantiating scientific data as to how it is fit for diabetic care. This is an attempt to mislead the consumer & such claims should not be permitted. The most important parameter for determining whether a food is suitable for diabetic care is the Glycemic Index (GI) value of the food. However, the marketer has not referenced any of the required GI tests involving clinical trials. Therefore the marketer should not be allowed to market the product as diabetic care atta. Establishing Glycemic Index (GI) of a sample of atta requires clinical trials with human subjects, using samples of the actual food about which the claim is being made. As per ISO 26642:2010, the GI value of a test food needs to be determined by feeding 10 or more healthy people a portion of the test food containing 50 grams of digestible (available) carbohydrate and then measuring the effect on their blood glucose levels over the next two hours, along with comparing these results with results for 50 g of glucose. Also, the GI value obtained through clinical trials must be less than 55 in order to qualify as a food fit for diabetic care. I request ASCI to intervene and ask Ravi Kamal Flour Mills Pvt. Ltd. to stop misleading consumers and to 1) Withdraw these packs from the market immediately 1) Withdraw all promotional material containing the misleading claim (including on all websites & media platforms) 2) Remove their products from partner websites & their own online store 3) Not make any GI claims in the future without clinical trials, documentation & reference of the same Pictures of the pack are enclosed. The link to the product is http://jiwa.in/products/diabeticcare-atta.html I looked up the Englyst method of in-vitro testing for Glycemic Index and also checked with a couple of renowned diabetes experts about its reliability in measuring GI. Summary of all literature/ expert opinions is that Englyst method was an attempt, around 1999 to find an in-vitro method of measuring GI but did not prove to be a reliable way of measuring GI. The original 1999 paper itself recognized the limitation of in-vitro method A severe limitation of the in vitro method is that the very basis for GI testing – content of available carbohydrate of the food – cannot be measured (manufacturer’s nutrition table is used to ascertain this value). The study, by its own admission acknowledges this limitation – “no simple in vitro term is available that defines the carbohydrate in a food in such a way as to characterize its digestion in the gut” (reference cited below) When the basis for testing GI value itself is not obtained through a credible fool-proof method, the entire in vitro testing procedure is liable to scrutiny. (Reference at http://m.ajcn.nutrition.org/content/69/3/448.full#sec-12 under the ‘Discussion’ section) All major subsequent reviews have rejected it as a reliable method of GI testing 1. A 2002 study published in the European Journal of Clinical Nutrition evaluated the relationship between the results of in vitro determinations of carbohydrate digestion rates and the glycemic index. The conclusion was that there was a weak positive correlation between the two: r=0.425 (Study accessible at http://www.nature.com/ejcn/journal/v56/n8/full/1601386a.html) 2. In a very recent study (April 2016) titled ‘The Potential of an in Vitro Digestion Method for Predicting Glycemic Response of Foods and Meals’, the following conclusive statements were made regarding the in vitro method “Clearly, it was beyond the scope of this protocol to allow single measurements of dialyzable glucose at 120 min to be transformed through a linear regression model to a figure that matches GI or GL. It must be highlighted that in vitro approaches may be useful tools but do not always correlate well with in vivo values because they cannot precisely imitate human processes. There is no doubt that measuring GI in humans is the best approach. This must be considered when interpreting results obtained with the proposed protocol.” (Reference accessible at https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4848678/#sec4-nutrients-08-00209title in final paragraph of ‘Discussion’ section) Not just WHO but all major standards prescribe testing on Human subjects 1. The UN Food & Agriculture Organization’s guidelines lay down that human subjects should be used for GI-testing & furthermore “it is recommended that the standard food be repeated at least three times in each subject” UN Guidelines accessible at http://www.fao.org/docrep/w8079e/w8079e0a.htm 2. European Food Safety Authority, which is the legal food safety authority for European Union member nations, clearly states the following in its official document concerning 'EFSA's evaluation of health claims:scientific substantiation' "" human data central for substantiation - hierarchy of evidence - – quality of individual human studies – studies in animals or in vitro may provide supportive evidence "" Reference can be found on page 8 of the official document available here -https://www.efsa.europa.eu/sites/default/files/event/documentset/corporate100601-p01.pdf 3. British Standards Institution (BSI), which is the national standards body for the UK, mandates that food products be tested on human subjects in order to determine the food product's GI value, in accordance with ISO 26642:2010(Food products. Determination of the glycaemic index (GI) and recommendation for food classification). Official BSI document can be found at http://shop.bsigroup.com/ProductDetail/?pid=000000000030146968 4. The International Life Sciences Institute Europe (affiliated to World Health Organization), in its 2011 publication on ‘Food, Glycaemic Response and Health’ necessitates a minimum of 10 healthy human subjects for GI-test clinical trials. Accessible at: http://ilsi.eu/wp-content/uploads/sites/3/2016/06/Glycaemic-Response-2011.pdf 5. The Association of Physicians of India recognize & follow the UN Guidelines (mentioned above) according to which human subjects are necessities for GI-testing. This is evidenced in this article published by the journal of The Association of Physicians of India http://japi.org/october_2013/06_oa_glycaemic_index_gi.pdf 6. The Australian Standard Glycemic Index of Foods states that ""While a digestibility or hydrolysis index can be obtained by in vitro methods of assessing the rate of carbohydrate digestion, the results should not be referred to as GI values"" (Document attached) Do let me know if you need any further information"

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 for this complaint. The CCC viewed the product packaging and the website advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claim, “Diabetic Care Atta”, was not substantiated with supporting clinical evidence of product efficacy, and is misleading by exaggeration. The product packaging and website advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Venkatesh Dal and Flour Mill"
PRODUCT:"Santrupthi Diabetic Atta"

COMPLAINT:

"“Diabetic Atta” “Slow Glycemic Action” “Conversion of food into glucose is low as compared to rice and wheat.”"

NATURE OF COMPLAINT:

"While looking for healthy atta online, I came across a pack of Santrupthi Atta marketed by Venkatesh Dal and Flour Mill, Manipal-576119 (www.santrupthi.com) which contains misleading claims. 1. The pack claims that the product is Diabetic Atta (front & center of the pack) without any scientific substantiation whatsoever. 2. The pack claims that the product has Slow Glycemic action (on the front of the pack lower left side) without mentioning a Glycemic Index value for the product. This shows the brazen attitude of the marketer in making unjustified claims. 3. The pack makes a claim that conversion of food into glucose is low as compared to rice and wheat (on the front of the pack lower left side). Once again, the marketer has not provided any substantiation & is therefore misleading the consumer. Establishing GI value of a sample of atta requires clinical trials with human subjects using samples of the actual food about which the claim is being made. As per ISO 26642:2010, the GI value of a test food needs to be determined by feeding 10 or more healthy people a portion of the test food containing 50 grams of digestible (available) carbohydrate and then measuring the effect on their blood glucose levels over the next two hours along with comparing these results with results for 50 g of glucose. Kindly note that the GI value obtained from these clinical trials must be lower than 55 for the slow glycemic action. claim to hold true. I request ASCI to intervene and ask Venkatesh Dal and Flour Mill to stop misleading consumers and to 1) Withdraw these packs from the market immediately 2) Remove their products from partner websites 3) Withdraw all promotional material containing the misleading claims 4) Not make any claims in the future without clinical trials, documentation & reference of the same A picture of the pack is enclosed. The link to the product is www.santrupthi.com/diabeticatta.html I looked up the Englyst method of in-vitro testing for Glycemic Index and also checked with a couple of renowned diabetes experts about its reliability in measuring GI. Summary of all literature/ expert opinions is that Englyst method was an attempt, around 1999 to find an in-vitro method of measuring GI but did not prove to be a reliable way of measuring GI. The original 1999 paper itself recognized the limitation of in-vitro method A severe limitation of the in vitro method is that the very basis for GI testing – content of available carbohydrate of the food – cannot be measured (manufacturer’s nutrition table is used to ascertain this value). The study, by its own admission acknowledges this limitation – “no simple in vitro term is available that defines the carbohydrate in a food in such a way as to characterize its digestion in the gut” (reference cited below) When the basis for testing GI value itself is not obtained through a credible fool-proof method, the entire in vitro testing procedure is liable to scrutiny. (Reference at http://m.ajcn.nutrition.org/content/69/3/448.full#sec-12 under the ‘Discussion’ section) All major subsequent reviews have rejected it as a reliable method of GI testing 1. A 2002 study published in the European Journal of Clinical Nutrition evaluated the relationship between the results of in vitro determinations of carbohydrate digestion rates and the glycemic index. The conclusion was that there was a weak positive correlation between the two: r=0.425 (Study accessible at http://www.nature.com/ejcn/journal/v56/n8/full/1601386a.html) 2. In a very recent study (April 2016) titled ‘The Potential of an in Vitro Digestion Method for Predicting Glycemic Response of Foods and Meals’, the following conclusive statements were made regarding the in vitro method “Clearly, it was beyond the scope of this protocol to allow single measurements of dialyzable glucose at 120 min to be transformed through a linear regression model to a figure that matches GI or GL. It must be highlighted that in vitro approaches may be useful tools but do not always correlate well with in vivo values because they cannot precisely imitate human processes. There is no doubt that measuring GI in humans is the best approach. This must be considered when interpreting results obtained with the proposed protocol.” (Reference accessible at https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4848678/#sec4-nutrients-08-00209title in final paragraph of ‘Discussion’ section) Not just WHO but all major standards prescribe testing on Human subjects 1. The UN Food & Agriculture Organization’s guidelines lay down that human subjects should be used for GI-testing & furthermore “it is recommended that the standard food be repeated at least three times in each subject” UN Guidelines accessible at http://www.fao.org/docrep/w8079e/w8079e0a.htm 2. European Food Safety Authority, which is the legal food safety authority for European Union member nations, clearly states the following in its official document concerning 'EFSA's evaluation of health claims:scientific substantiation' "" human data central for substantiation - hierarchy of evidence - – quality of individual human studies – studies in animals or in vitro may provide supportive evidence"" Reference can be found on page 8 of the official document available here -https://www.efsa.europa.eu/sites/default/files/event/documentset/corporate100601-p01.pdf 3. British Standards Institution (BSI), which is the national standards body for the UK, mandates that food products be tested on human subjects in order to determine the food product's GI value, in accordance with ISO 26642:2010(Food products. Determination of the glycaemic index (GI) and recommendation for food classification). Official BSI document can be found at http://shop.bsigroup.com/ProductDetail/?pid=000000000030146968 4. The International Life Sciences Institute Europe (affiliated to World Health Organization), in its 2011 publication on ‘Food, Glycaemic Response and Health’ necessitates a minimum of 10 healthy human subjects for GI-test clinical trials. Accessible at: http://ilsi.eu/wp-content/uploads/sites/3/2016/06/Glycaemic-Response-2011.pdf 5. The Association of Physicians of India recognize & follow the UN Guidelines (mentioned above) according to which human subjects are necessities for GI-testing. This is evidenced in this article published by the journal of The Association of Physicians of India http://japi.org/october_2013/06_oa_glycaemic_index_gi.pdf 6. The Australian Standard Glycemic Index of Foods states that ""While a digestibility or hydrolysis index can be obtained by in vitro methods of assessing the rate of carbohydrate digestion, the results should not be referred to as GI values"" (Document attached) Do let me know if you need any further information"

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 for this complaint. The CCC viewed the product packaging and the website advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claims, “Diabetic Atta”, “Slow Glycemic Action”, and “Conversion of food into glucose is low as compared to rice and wheat.”, were not substantiated with supporting clinical evidence of product efficacy, and are misleading by exaggeration. The product packaging and website advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Nu Ayurveda Clinic"
PRODUCT:

COMPLAINT:

"1. Conditions That NuAyurveda Can Heal. -Obesity: Herbs & Panchkarma treatments help liquify the excess fat and facilitate its excretion through urine. Also inhibits the conversion of glucose to fat, thereby maintaining the weight loss that has been achieved"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Obesity- Item no 38-DMR Act Item no 39- Schedule J"

 

COMPANY:"Balaji Ayurved Sansthan"
PRODUCT:"Breast Care Range Of Products"

COMPLAINT:

"1. Give a New Size to your beauty 2. The visual in the ad and the product name, read in conjunction with the claims objected to implies that the product is meant for breast enhancement."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Form and structure of the female bust- Item no.21 –DMR Act Form and structure of the breast- Item no. 19 – Schedule J"

 

COMPANY:"Kims Healthcare Mgmt Ltd"
PRODUCT:"Kims Weight Management Clinic"

COMPLAINT:

"1. Come Out Of Obesity 2. Comprehensive treatment for obesity"

NATURE OF COMPLAINT:

Recommendation: UPHELD

""Obesity- Item no 38-DMR Act Item no 39- Schedule J""

 

COMPANY:"New Model Clinic"
PRODUCT:

COMPLAINT:

"1. Ayurvedic Treatment of Sex Problems. 2. Patients Depressed from all ways should surely meet once, that too with full trust. Removes body weakness, increases Strength and Pep. 3. The visual in the ad, read in conjunction with the claims objected to implies that the treatment is meant for improvement of sexual capacity"

NATURE OF COMPLAINT:

"1. Ayurvedic Treatment of Sex Problems. 2. Patients Depressed from all ways should surely meet once, that too with full trust. Removes body weakness, increases Strength and Pep. 3. The visual in the ad, read in conjunction with the claims objected to implies that the treatment is meant for improvement of sexual capacity"

Recommendation: UPHELD

"Maintenance or improvement of the capacity of the human being for sexual pleasure – Item no. 36 – Schedule J"

 

COMPANY:"Shubham Homeo Clinic"
PRODUCT:

COMPLAINT:

"1. Permanent Treatment Without Operation- Fistula, deafness 2. Congenital deafness. A deaf and dumb child can hear now. 3. Permanent treatment of Fistula, Piles without operation."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Deafness- Item no. 8 – DMR Act Item no. 13- Schedule J Piles and Fistulae Item no. 42- Schedule J"

 

COMPANY:"Amina Clinic "
PRODUCT:

COMPLAINT:

"1. To cure sex problems and get baby. 2. For incurable and long lasting diseases, ultratech unani treatment will be offered without operation. 3. Special treatments : - Good treatment for kidney stones. - Men sex problems. - Complete solution to get fertility for men. -Before and after marriage treatment. - Piles. - VD Skin diseases. - Diabetics. - Kidney failure. - Ulcer, Asthma. - Men and women impotency. 4. The visual in the ad, read in conjunction with the claims objected to (claim no 3) implies that the treatment is meant for enhancement of sexual pleasure."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Sexual Impotence- Item no. 45- DMR Act Item no. 47 – Schedule J Kidney Stones- Item no. 22- DMR Act Item no. 50- Schedule J Piles and Fistulae Item no. 42- Schedule J Diabetes- Item no. 9- DMR Act Item no. 14 – Schedule J Ulcer- Item no. 53- DMR Act Asthma- Item no. 4- Schedule J"

 

COMPANY:"Jolly Pharma"
PRODUCT:"Jolly Sunsex Gold Range Of Products"

COMPLAINT:

"1. for joyous married life ... Jolly Sunsex Gold Capsule is 100% Ayurvedic which increases energy and power in the body. 2. The visual in the ad and product name , read in conjunction with the claims objected to implies that the treatment is meant for enhancement of sexual pleasure."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"1. for joyous married life ... Jolly Sunsex Gold Capsule is 100% Ayurvedic which increases energy and power in the body. 2. The visual in the ad and product name , read in conjunction with the claims objected to implies that the treatment is meant for enhancement of sexual pleasure."

 

COMPANY:"Ram Swarna Clinic "
PRODUCT:

COMPLAINT:

"1. Urinary bladder stone can be treated in one day medicine. Pitha bag stone can be treated in one month medicine. Kanaya stone can be treated in one month medicine. In our treatment all the stones will be dissolved and the stones which are not dissolved will be pushed out. 2. Herbal treatment without surgery also other types of diseases such as piles, ulcer, asthma will be treated in short duration."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Piles and Fistulae Item no. 42- Schedule J Ulcer- Item no. 53- DMR Act Asthma- Item no. 4- Schedule J"

 

COMPANY:"Jeevan Pharmacy "
PRODUCT:

COMPLAINT:

"1. Masculine weakness, nightfall, premature ejaculation, discharge, lack of sperm 2. Get strength, vigour and youth back , reduce weight and make health"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Maintenance or improvement of the capacity of the human being for sexual pleasure – Item no. 36 – Schedule J Premature Ejaculation - Item no- 47- Schedule J"

 

COMPANY:"Meeta Ayurveda "
PRODUCT:

COMPLAINT:

"1. Consult for Weakness in nerves due to diabetes, obesity or childhood mistakes, sperm, loose organ, long organ, thick organ, discharge, impotence, tremendous sex power and nightfall. 2. Before marriage and after marriage. . The visual in the ad, read in conjunction with the claims objected to implies that the treatment is meant for enhancement of sexual pleasure"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Sexual Impotence- Item no. 45- DMR Act Item no. 47 – Schedule J Improvement in size and shape of the sexual organ and in duration of sexual performance. Item no. 30- Schedule J Maintenance or improvement of the capacity of the human being for sexual pleasure – Item no. 36 – Schedule J"

 

COMPANY:"Gautam Clinic "
PRODUCT:

COMPLAINT:

"1. India's No.1, Ayurvedic Sexual Health Clinic 2. 100 successful ayurvedic treatment. This claim implies or improvement of the capacity of the human being for sexual pleasure"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Maintenance or improvement of the capacity of the human being for sexual pleasure – Item no. 36 – Schedule J"

 

COMPANY:"Repl India "
PRODUCT:"Hypower Musli Capsule "

COMPLAINT:

"1. HYPOWER MUSLI CAPSULE - Unique experience of masculinity 2. For enthusiasm, vigour and pleasure 3. Must use High-power musli oil for extra strength- Unique experience of masculinity 4. For enthusiasm, vigour and pleasure 5. Must use High-power musli oil for extra strength 6. The visual in the ad, read in conjunction with the claims objected to implies that the product is meant for enhancement of sexual pleasure."

NATURE OF COMPLAINT:

Recommendation: UPHELD

""Maintenance or improvement of the capacity of the human being for sexual pleasure – Item no. 36 – Schedule J""

 

COMPANY:"Balaji Ayurved Sansthan"
PRODUCT:

COMPLAINT:

"1. One cure for many problems of Piles. 2. . Effective in all kinds of PILES The Claims read in conjunction with the product name implies cure for all kinds of piles."

NATURE OF COMPLAINT:

Recommendation: UPHELD

""Piles and Fistulae Item no. 42- Schedule J""

 

COMPANY:"Dr Lama Modern Health Clinic"
PRODUCT:

COMPLAINT:

"1.Complete treatment of veneral diseases of men and women with full guarantee. 2.The visual in the ad, read in conjunction with the claims objected to implies that the treatment is meant for enhancement of sexual pleasure Venereal diseases including syphilis, gonorrhea, soft chancre, venereal granuloma and lymphogranuloma- Item no. 54- DMR Act 15. 1702-C.1953@ Marmasutram Siddha Vaidhyasala Mathrubhumi(*) Kozhikode Edition, (Malayalam)(01.01.2017) Vaidyashalas' Medicines"

NATURE OF COMPLAINT:

Recommendation: UPHELD

""Venereal diseases including syphilis, gonorrhea, soft chancre, venereal granuloma and lymphogranuloma- Item no. 54- DMR Act" "

 

COMPANY:"Marmasutram Siddha Vaidhyasala"
PRODUCT:

COMPLAINT:

"Vaidyashalas' Medicines purified, refined and without any side effects - An experience tradition to cure skin diseases like, Leucoderma , etc as well as from Piles, Fistula, uterus diseases to Cancer. "

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Leucoderma Item no. 33- DMR Act Item no. 35- Schedule J Piles and Fistulae Item no. 42- Schedule J Diseases and disorders of the uterus Item no. 12- DMR Act Cancer Item no. 6 – DMR Act Item no. 8 – Schedule J"

 

COMPANY:"Ayurveda Clinic "
PRODUCT:

COMPLAINT:

"1. Ayurveda Clinic - Increase Sex: Time upto 30 Minutes 2. Longer holdback time 3. Increases length/thickness of penis. Treatment of discharge, diabetes, loose organ, serpentine organ, thinness. 4. The visual in the ad, read in conjunction with the claims objected to implies that the treatment is meant for enhancement of sexual pleasure"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Maintenance or improvement of the capacity of the human being for sexual pleasure – Item no. 36 – Schedule J Improvement in size and shape of the sexual organ and in duration of sexual performance Item no. 30- Schedule J"

 

COMPANY:"Meghdoot Gramudyog"
PRODUCT:"Meghdoot Madhu Shoonya Churan"

COMPLAINT:

"1. Control Sugar Easily. 2. Stay Healthy Live Long. 3. Madhus Soonya Power - Helps control blood sugar level - Good for heart problems 4. Product Name Implies Cure Of Diabetes"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Diabetes- Item no. 9- DMR Act Item no. 14 – Schedule J"

 

COMPANY:"Khushi Ayurveda Pvt Ltd"
PRODUCT:"Khushi Ayurveda Range Of Products"

COMPLAINT:

"1. After many years of intensive research Khushi Ayurveda Pvt. Ltd. has discovered such medicine which brings sweetness in couples life by its use.. In this modern era immediately order to make your married life successful and better 2. The visual in the ad, read in conjunction with the claims objected to implies that the treatment is meant for enhancement of sexual pleasure"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Maintenance or improvement of the capacity of the human being for sexual pleasure – Item no. 36 – Schedule J"

 

COMPANY:"Deep Health Care Products"
PRODUCT:"Vigora-M Capsule"

COMPLAINT:

"1. VIGORA-M - Stamina & Vigour Enhancer 2. An effective herbal remedy for: - Premature Ejaculation - Lack of libido - Erectile Dysfunction - Low Sperm count - Sexual Weakness 3. The visual in the ad & packaging, read in conjunction with the claims objected to implies that the product is meant for enhancement of sexual pleasure."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Maintenance or improvement of the capacity of the human being for sexual pleasure – Item no. 36 – Schedule J Premature Ejaculation - Item no- 47- Schedule J"

 

COMPANY:"Sanjivani Piles Clinic"
PRODUCT:

COMPLAINT:

"1. Treatment facility of Piles without operation and with a single injection is available."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Piles and Fistulae Item no. 42- Schedule J"

 

COMPANY:"Oorja Ayurvedic Clinic Pvt Ltd"
PRODUCT:"Oorja Ayurvedic Clinic"

COMPLAINT:

"1. Oorja Ayurvedic Clinic - Sex Problems? Contact without hesitation 2. The visual in the ad, read in conjunction with the claims objected to implies that the product is meant for enhancement of sexual pleasure."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Maintenance or improvement of the capacity of the human being for sexual pleasure – Item no. 36 – Schedule J"

 

COMPANY:"Palas Pharmaceuticals Pvt Ltd"
PRODUCT:"Zhakkas Tablets"

COMPLAINT:

"1. Amazing Erectile dysfunction preventive and Stimulator..... 2. The visual in the ad, read in conjunction with the claims objected to implies that the product is meant for enhancement of sexual pleasure."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Maintenance or improvement of the capacity of the human being for sexual pleasure – Item no. 36 – Schedule J"

 

COMPANY:"Chennai Hospitals Info Centre"
PRODUCT:

COMPLAINT:

"1 For the one suffering from Jaundice, Hepatitis –B, get instant relief. 2 For diabetic patients get rid of medicine taking lifelong through Laparoscopic. 3 By stapilier piles modern procedure, without operation get rid of piles disease without any pain with in 5 hours."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Diabetes- Item no. 9- DMR Act Item no. 14 – Schedule J Jaundice/ Hapatitis/ Liver disorders Item no. 33 – Schedule J"

 

COMPANY:"Samson Slim Care "
PRODUCT:

COMPLAINT:

"1. Samson Slim Care - Ultimate Treatment for Obesity 2. Reduce 10kg within 30 days. 3. The visuals in the ad, read in conjunction with the claims objected to implies that the treatment is meant for obsesity"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Obesity- Item no 38-DMR Act Item no 39- Schedule J"

 

COMPANY:"Dr Bhagats Obesity Hospital"
PRODUCT:

COMPLAINT:

"1. Evolution in Permanent fat removal by Non-Surgical Lipolysis 2. India's Largest Obesity Hospital 3. The before and after visuals in the ad appear to be misleading"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Obesity- Item no 38-DMR Act Item no 39- Schedule J"

 

COMPANY:"Roy Clinic "
PRODUCT:

COMPLAINT:

"1. Spend married life with happiness , get new strength, vigour, youth and enthusiasm 2. Dissapointed patients do consult. 3. Premature Ejaculation, Impotence, nightfall, passing of semen in urine, infertility. 4. The visual in the ad, read in conjunction with the claims objected to implies that the product is meant for enhancement of sexual pleasure."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Maintenance or improvement of the capacity of the human being for sexual pleasure – Item no. 36 – Schedule J Premature Ejaculation - Item no- 47- Schedule J Sexual Impotence- Item no. 45- DMR Act Item no. 47 – Schedule J"

 

COMPANY:"Ibm Hospital & Trauma Centre"
PRODUCT:

COMPLAINT:

"1 Don't be upset because of obesity 2. The before and after Visuals in the advertisement appear to be misleading"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Obesity- Item no 38-DMR Act Item no 39- Schedule J"

 

COMPANY:"Lodha Hospital "
PRODUCT:

COMPLAINT:

"Piles, Fisher, Fistula - Permanent treatment through injection and Laser."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Piles and Fistulae Item no. 42- Schedule J"

 

COMPANY:"Mallur Flora Pvt Ltd"
PRODUCT:"Miracle Drinks"

COMPLAINT:

"1. MIRACLE DRINKS - For Prevention & Correction of Health Disorders 2. Prevents the cause and cures the incurable. Invented by an IAS officer based on Vedic Literature 3. HERBAL ELIXIR FOR : - Liver Cirrhosis - Acute Renal Failure - Chronic Kidney Diseases - Kidney Stone - Piles - Rheumatoid Arthritis"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Jaundice/ Hapatitis/ Liver disorders Item no. 33 – Schedule J Kidney Stones- Item no. 22- DMR Act Item no. 50- Schedule J Piles and Fistulae Item no. 42- Schedule J Rheumatoid Arthritis Item no. 43 – DMR Act"

 

COMPANY:"Raj Dawakhana "
PRODUCT:"Vibes Centre"

COMPLAINT:

"Sure Treatment of Length, Thickness, Vigour and extra time."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Maintenance or improvement of the capacity of the human being for sexual pleasure – Item no. 36 – Schedule J Improvement in size and shape of the sexual organ and in duration of sexual performance Item no. 30- Schedule J"

 

COMPANY:"Raheem Unani Clinic"
PRODUCT:

COMPLAINT:

"1. Excellent Treatment for Lost Sexual desires, Masturbation, Quick Ejaculation, Sexual Dissatisfaction, Male Infertility..., etc. 2. Treatment without operation, for removal of stones in Kidneys. 3. The visual in the ad, read in conjunction with the claims objected to implies that the treatment is meant for improvement of sexual capacity."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Maintenance or improvement of the capacity of the human being for sexual pleasure – Item no. 36 – Schedule J Premature Ejaculation - Item no- 47- Schedule J Kidney Stones- Item no. 22- DMR Act Item no. 50- Schedule J"

 

COMPANY:"Yash Mens Centre "
PRODUCT:

COMPLAINT:

"Remove White spots"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Leucoderma Item no. 33- DMR Act Item no. 35- Schedule J"

 

COMPANY:"Shree Baidyanath Ayur Bhawan"
PRODUCT:

COMPLAINT:

"1. Never Let's you down for a long time. 2. For Vigour, Vitality and Stamina. 3. The visual in the ad & packaging , read in conjunction with the claims objected to implies that the product is meant for enhancement of sexual pleasure."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Maintenance or improvement of the capacity of the human being for sexual pleasure – Item no. 36 – Schedule J"

 

COMPANY:"Nurture Health Care"
PRODUCT:" Ayurex-Ndx"

COMPLAINT:

"1. Ayurex NDX has brought an energy enhancer capsule full of ayurvedic properties for you which gives you strength which helps you to fulfil all desires of your partner. 2. The visual in the ad, read in conjunction with the claims objected to implies that the product is meant for enhancement of sexual pleasure."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Maintenance or improvement of the capacity of the human being for sexual pleasure – Item no. 36 – Schedule J"

 

COMPANY:"Noor Hospital "
PRODUCT:

COMPLAINT:

"1. Without operation treatment of Cancer. 2. Without operation treatment of Brain Tumour, Bone Tumour, Blood Cancer, Liver tumour, Lungs Tumour, Intestines, Uterus. 3. To treat cancer without operation visit Noor Hospital once surely."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Cancer Item no. 6 – DMR Act Cancer and benign tumour Item no. 8 – Schedule J"

 

COMPANY:"Shree Kalyan Ayurvedashram"
PRODUCT:

COMPLAINT:

"1. Sex problems. Keep married life happy 2. Lack of sex desires - Thin semen and lack of semen -Premature ejaculation and nightfall - Reduction in erectile - Lack of sperm, weak sperm - Undeveloped organ of male - Lack of stimulation due to weak nerves 3. The visual in the ad, read in conjunction with the claims objected to implies that the product is meant for enhancement of sexual pleasure. 4. Attractive, beautiful and shapely body. 5. Emerge beauty of body and increase your self confidence 6. Our Ayurvedic treatment helps to transform your loose, undeveloped & flat breast into beautiful & attractive and improves physical attraction. 7. The visual in the ad , read in conjunction with the claims objected to implies that the product is meant for breast enhancement"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Maintenance or improvement of the capacity of the human being for sexual pleasure – Item no. 36 – Schedule J Premature Ejaculation - Item no- 47- Schedule J Improvement in size and shape of the sexual organ and in duration of sexual performance Item no. 30- Schedule J Form and structure of the female bust- Item no.21 –DMR Act Form and structure of the breast- Item no. 19 – Schedule J"

 

COMPANY:"Izda Healthcare "
PRODUCT:"Depforce"

COMPLAINT:

"1. Bring new vigour and enthusiasm in your life. We have full trust that you will forget any other ayurvedic capsule, tablet and syrup 2. One supplement gives the effect for two days. 3. Not only men, even women are have a right to complete sexual satisfaction. 4. Hard as stone 5. The visual on the package, read in conjunction with the claims objected to implies that the product is meant for enhancement of sexual pleasure."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Maintenance or improvement of the capacity of the human being for sexual pleasure – Item no. 36 – Schedule J"

 

COMPANY:"Liver & Gastro Care"
PRODUCT:

COMPLAINT:

"1. Diabetes can be avoided and weight can be reduced by Endoscopy balloon without any Laproscopy surgery and any side effects. 2. 25 Kg to 30Kg can be reduced within 3 months. 3. 100% Assurity"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Diabetes- Item no. 9- DMR Act Item no. 14 – Schedule J Obesity- Item no 38-DMR Act Item no 39- Schedule J"

 

COMPANY:"Clean Stone "
PRODUCT:

COMPLAINT:

"1. CLEAN STONE - Stones? Guaranteed & Tested successful treatment of stone without laser operation."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Kidney Stones- Item no. 22- DMR Act Item no. 50- Schedule J"

 

COMPANY:"Gehm Clinic & Research Center"
PRODUCT:"Gehm Frez Tablets"

COMPLAINT:

"1. Removes Debilitation in women and increases excitement. 2. The visual in the ad, read in conjunction with the claims objected to implies that the product is meant for enhancement of sexual pleasure."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Maintenance or improvement of the capacity of the human being for sexual pleasure – Item no. 36 – Schedule J"

 

COMPANY:"Nurture Health Care"
PRODUCT:"Ayurex-S Range Of Products"

COMPLAINT:

"1. Effect From the first Day forever 2. Experience of vigour and youthfulness in veins for weakness due to premature ejaculation 3. For Powerful Stamina and Extra Timing. 4. The visual in the ad, read in conjunction with the claims objected to implies that the product is meant for enhancement of sexual pleasure."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Maintenance or improvement of the capacity of the human being for sexual pleasure – Item no. 36 – Schedule J Premature Ejaculation - Item no- 47- Schedule J"

 

COMPANY:"Old Polio Hospital"
PRODUCT:

COMPLAINT:

"1. Successful treatment for white spots through steam therapy. 2. White spot is an Auto Immune Disorder. Treatment for this can be done through steam and research therapy, From which spots cures fast and won't come again."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Leucoderma Item no. 33- DMR Act Item no. 35- Schedule J"

 

COMPANY:"Badshahi Dawakhana"
PRODUCT:

COMPLAINT:

"1. Solution of sex problems 2. Successful treatment of weakness of nerves due to masturbation and discharge, masculine weakness, premature ejaculations, impotence, Removes thinness of penis, loose organ, small organ. 3. The visual in the ad, read in conjunction with the claims objected to implies that the treatment is meant for enhancement of sexual pleasure."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Maintenance or improvement of the capacity of the human being for sexual pleasure – Item no. 36 – Schedule J Premature Ejaculation - Item no- 47- Schedule J Sexual Impotence- Item no. 45- DMR Act Item no. 47 – Schedule J Improvement in size and shape of the sexual organ and in duration of sexual performance Item no. 30- Schedule J"

 

COMPANY:"Dr A K Jain Clinic"
PRODUCT:

COMPLAINT:

"1. World Class Treatment: Venereal diseases like: Sexual debility, , lack of sex, sexual weakness, Oligospermia, less semen, impotence, premature ejaculation, Small organ / Loose organ and childless couples, masturbation, Borne Disorders, Sex-related disorders, mental disorder, V.D. Problems and any kind of venereal diseases successful treatment will be given. 2. The visual in the ad, read in conjunction with the claims objected to implies that the treatment is meant for improvement of sexual capacity"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Sexual Impotence- Item no. 45- DMR Act Item no. 47 – Schedule J Maintenance or improvement of the capacity of the human being for sexual pleasure – Item no. 36 – Schedule J Premature Ejaculation - Item no- 47- Schedule J Improvement in size and shape of the sexual organ and in duration of sexual performance Item no. 30- Schedule J Venereal diseases including syphilis, gonorrhea, soft chancre, venereal granuloma and lymphogranuloma- Item no. 54- DMR Act"

 

COMPANY:"Bennett Coleman & Co Ltd"
PRODUCT:"Times of India"

COMPLAINT:

"“Delhi’s Most Preferred Newspaper” “Reports Exclusive Stories Like No One Else*”"

NATURE OF COMPLAINT:

"“http://us10.campaign-archive1.com/?u=bfd58161cc6d8c0a447a64e9c&id=78e7445c19&e=d7ed3521b0 1. Delhi has several Hindi newspapers with much higher readership than TOI. 2. Brand Track is not a recognised 'currency' measure. 3. 'Exclusive stories' does not translate into overall preference.”"

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 preliminary response. ASCI further granted them an extension of two days to submit their final response. Subsequently, the advertiser submitted their response. Advertiser argues that ASCI has no power to censure newspapers and their advertisements and any such effort will suitably be defended by them at appropriate fora. Newspapers are governed and work under the aegis of Press Council of India Act, where a due process exists for addressing all complaints. If ASCI also look into complaints which have to be addressed as per law by the Press Council, there shall be an acute miscarriage of justice, which should be avoided at all cost. Advertiser further states that the claims made are based on the Brand Track Survey which is basically a study/research conducted by the IMRB International. The CCC viewed the advertisement and considered the advertiser’s response. As per the CCC, the Hon’ble Supreme Court has, in a recent judgement titled “Common Cause (A Regd Society) v Union of India and Ors”, has affirmed and recognised the self-regulatory mechanism put in place by bodies like ASCI as an effective pre-emptive step to statutory provisions in the sphere of media regulation for TV and Radio programmes in India. The grievance redressal platform provided by self-regulatory bodies like ASCI, therefore, function as the first step for aggrieved consumers against content in the media which might not be in line with the existing laws. The CCC noted that the advertiser did not provide the IMRB survey report despite ASCI’s request. The CCC concluded that the claims, “Delhi’s Most Preferred Newspaper” and “Reports Exclusive Stories Like No One Else*”, were not substantiated with verifiable comparative data versus other similar newspapers in the same category. Also, the claims are misleading by ambiguity and exaggeration. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"J.K. Helene Curtis Ltd"
PRODUCT:"Raymond"

COMPLAINT:

"This ad depicts n projects Thakur tradition of Rajasthan. People at back sitting behind with their hands folded. ASCI should check this advertisement and regulate Raymonds for such a bad advertisement. This represents slavery. I request ASCI to consider this advertisement and ask Raymond to take off this advertisement. It appeared in Today's Friday Magazine in dubai. Raymonds should not be allowed to present India's tradition in this manner. Hope ASCI takes note of my complaint. It also shows poverty and disparity. I live in dubai. Dont have India no. I came across this advert and wanted to report it to ASCI. I am from India. Rajasthan. Udaipur. So I am aware of zamindari traditions. This ad reflects bad on India and its culture. Thinking more about this advert U can see that old man's turban are saffron white and green. Which represents Indian Tricolour. This is an insult to Indian Tricolour. Senior citizens of India. Tell ur observation abt this advertisement Discrimination"

NATURE OF COMPLAINT:

Recommendation: NOT UPHELD

"The CCC viewed the advertisement and considered the Advertiser’s response. Advertiser states that the idea depicted in the creative is to show a motley of modern as well as traditional attire from India to display the grounded tradition and heritage that Raymond brings with its 92 years of existence, and the same is depicted with the two models wearing contemporary attire and three local citizens wearing traditional attire with pagdi (head gear) in tricolor. The CCC noted that there is no connection between the two groups of people shown in the advertisement. The CCC concluded that the advertisement does not represent slavery nor does it deride any caste/class of people. The advertisement was not considered to be objectionable. The complaint was NOT UPHELD."

 

COMPANY:"Vibes Healthcare Limited"
PRODUCT:"Vibes"

COMPLAINT:

"“I submit herewith following for your consideration- 1. A beauty salon named “Vibes” has published the ad in The Telegraph T2 of 28 Jan 2017 that is misleading as they have included the words “Guaranteed” for weight loss in their ad. 2. The photo of Hair regrowth solutions is misleading. As if a man without hairs can get so many hairs as shown in the photo.”"

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 for this complaint. The CCC noted that the advertiser did not provide details of the treatment procedure for weight reduction and Hair regrowth. In the absence of comments from the Advertiser, the CCC concluded that the claims, “Get guaranteed 2 kgs weight loss”, and “Hair re-growth solutions”, were not substantiated with supporting clinical evidence, and with treatment efficacy data, and are misleading by exaggeration. Also, the visual showing hair regrowth is misleading. The advertisement contravened Chapters I.1and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Hindustan Unilever Ltd"
PRODUCT:"Fair and Lovely BB Cream"

COMPLAINT:

"“They are relating beauty to job interview Its very bad and Can offend moral of people. how can u say some one not fair n good looking is not eligible. It is racism n underestimating"

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 states that the context of the Advertisement is about importance of the first impression, particularly on important occasions such as appearing for a Job interview. There is no mention in the TVC that fairness is anyway related to job interview or the usage of Product will benefit the interviewee in any manner in a job selection process. The TVC has only creatively depicted the benefit of the Product through a multi-image progression and same has also been clearly qualified by the disclaimer “creative representation”. As claim support data, the advertiser provided Research Article titled as “First Impressions” published in ‘Psychological Science’. The CCC noted that the TVC emphasizes on importance of one’s looks for a perfect impression up for a job interview and states that the advertised product provides perfect interview look. The statement, “isme fairness cream ke saare gun hai”, implies that the user of the product will appear fairer and would be able to succeed at the job interview. In the multi-image progression of the protagonist’s skin tone, the protagonist’s face appears concerned / unhappy in the pre-use state. The CCC concluded that the TVC contravened Clauses 1 and 2 of the ASCI Guidelines for Advertising for Skin Lightening or Fairness Improvement Products (“Ad should not portray people with darker skin, in a way which is widely seen as, at a disadvantage of any kind, or inferior, or unsuccessful in any aspect of life particularly in relation to job placement…...”, “In the pre-usage depiction of product, special care should be taken to ensure that the expression of the model/s in the real and graphical representation should not be negative in a way which is widely seen as unattractive, unhappy, depressed or concerned.”) The complaint was UPHELD."

 

COMPANY:"DLC Smile Deaddiction and Rehabilitation Center"
PRODUCT:

COMPLAINT:

"Get rid of every kind of intoxication like alcohol, bhaang, gaanja, charas, laundanum, ante, injection, medicine etc"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objections raised in the complaint. 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 for this complaint. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claim, “Get rid of every kind of intoxication like alcohol, bhaang, gaanja, charas, laundanum, ante, injection, medicine etc”, was not substantiated with supporting clinical evidence, and are misleading by exaggeration. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Hindustan Unilever Limited"
PRODUCT:"Ponds men energy charge icy gel face wash"

COMPLAINT:

"""Say no to sun dullness"" The TVC implies that product can remove sun tan and dark skin associated with tanning."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The advertiser representatives were given personal hearing by ASCI. Subsequently, the Advertiser submitted their written response. Advertiser states that the formulation offered by Ponds Men Sun Dullness Fighter Facewash is essentially basis surfactant action for removal of excess oil from skin surface and uplifting dry, sun-dulled and darkened skin cells of the outermost surface (stratum cornuem) by means of exfoliation due to presence of silica scrub particles leading to even looking skin. As claim support data, the advertiser provided some literature references, study report for Oil removal and Exfoliation efficacy data and Report for FAL-Men Facial Cleansing. The claim support data was reviewed by the technical expert of ASCI. The CCC viewed the TVC complained against and considered the Advertiser’s response, the TVC submitted by the advertiser which was a different version as well as the opinion of the Technical expert presented at the meeting. The CCC noted that the advertisement is themed around sun-burn and implies that the advertised product will counter the problem of sun tan by protecting against it and getting rid of it by its use. While the data submitted by the advertiser supports removal of sebum and suggests that the face wash has an exfoliating effect; there is no data to support that the product can remove sun tan or dark skin as mentioned in the advertisement. The CCC concluded that the claim, “say no to sun dullness”, was inadequately substantiated, and is misleading by exaggeration and implication that the face wash product will remove sun tan. The TVC contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Speeddwell Botanical Private Limited"
PRODUCT:"Perfekt Slim"

COMPLAINT:

"“Try Perfekt Slim-Its works “ The visuals in the advertisement appear to be misleading"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objections raised in the complaint. 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 for this complaint. The CCC viewed the TVC. In the absence of comments from the Advertiser, the CCC concluded that the claim, “Try Perfekt Slim-Its works”, was not substantiated with evidence of product efficacy, and is misleading by gross exaggeration. With reference to the visual showing an obese person, the TVC is misleading by implication that the product would solve the problem of obesity. The TVC contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"A Plus Medi Art "
PRODUCT:

COMPLAINT:

"1. We have introduced for the first time a latest German innovative technology i.e, Cryolipolysis (Cold) and shockwave (Sound) technology. 2. First time in India combining modern technologies with ancient science Ayurveda"

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. Advertiser states that a+MediArt - Cryolipolysis with cooling pad technology and Radial Shockwave System was purchased from G3 Medical Systems Pvt. Ltd; G3 confirmed that Mayar 'Health Resorts Ltd, New Delhi are the First in India to have the advancement of the existing technology - Z Lipo and Z Wave installed at their centre. At a+MediArt, the Ayurveda treatment has been planned for restoring the disturbed mechanism through personalized wellness and healthy living programs involving Wellness and a regenerative experience. Post the Dermatology and Cosmetology treatments, The Ayurveda treatment to the client is given for a holistic & complete rejuvenation of mind & body. As claim support data, the advertiser provided data for the techniques used specific to the slimming machines. The CCC noted that the technology referred by the advertiser is known and available in India. The advertiser has only given assertions about their treatment equipment being advanced as compared to other such equipment in India, but has not provided any details regarding the same such as a nation-wide survey etc. The CCC did not consider the data provided by the advertiser to be adequate for them to claim they being pioneers in combining modern technology with Ayurveda. The CCC concluded that the claims, “We have machines based on latest technologies first time in India”, and “First time in India combining modern technologies with ancient science Ayurveda”, were inadequately substantiated with authentic comparative data versus other similar clinics to prove these claims. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Cenozoic Remedies Pvt. Ltd."
PRODUCT:"B Gap Contraceptive Tablets"

COMPLAINT:

"1. Herbal Contraceptive Tablets 2. Trusted, Effective and Convenient 3. Safe, Easy & Effective way to keep age gap between children 4. 1 tablet keeps you from getting pregnant for six months."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objections raised in the complaint. 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 for this complaint. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claims, “Herbal Contraceptive Tablets”, “Trusted, Effective and Convenient”, “Safe, Easy & Effective way to keep age gap between children”, “1 tablet keeps you from getting pregnant for six months”, were not substantiated with evidence of product efficacy, clinical data to prove its contraceptive action for the duration of six months and are misleading by gross exaggeration. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Kolors Health Care India Pvt. Ltd."
PRODUCT:"Kolors Slimming and Beauty"

COMPLAINT:

"1. Kolors laser electrolysis gives 100 percent guaranteed removal of unwanted hair. 2. 100 percent guarantee that unwanted hair does not reappear. 3. 100 percent money back guarantee. 4. Kolors treatment gives100 percent life time guarantee in writing."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The advertiser was granted an extension of seven days to the standard lead time of seven days to submit their reply in response to their request for extension. 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 states that the advertisement promotes Laser and electrolysis for unwanted hair. If the Client does not get any results, the money back is initiated. The CCC noted that the advertiser did not provide details of Laser Electro Therapy treatment and evidence of it’s efficacy for a 100% and irreversible removal of unwanted hair. In the absence of claim support data, the CCC concluded that the claims, “Kolors laser electrolysis gives 100 percent guaranteed removal of unwanted hair”, “100 percent guarantee that unwanted hair does not reappear”, and “Kolors treatment gives 100 percent life time guarantee in writing”, were not substantiated and are misleading by gross exaggeration. The claim, “100 percent money back guarantee”, was not substantiated with supporting data how such guarantee is extended to customers and whether any customers have been indeed refunded with the money back, and is misleading. The advertisement contravened Chapters I.1and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"SBS Biotech Unit-II"
PRODUCT:"Dr Ortho Range Of Products"

COMPLAINT:

"1. World Brand Summit - Most Trusted Brand of Asia 2016 2. World's Greatest Brands 2015-16 IUA 3. Most trusted Brand by Indians 4. Selected No.1 Brand India 2014"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objections raised in the complaint. 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 for this complaint. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claims, “World Brand Summit - Most Trusted Brand of Asia 2016”, “World's Greatest Brands 2015-16 IUA”, “Most trusted Brand by Indians”, and “Selected No.1 Brand India 2014”, were not substantiated with any support data of the research or any comparative data versus other similar brands in the same category. The claims are not qualified to mention the source and date of research and criteria for assessment for the claims made. Also, the claims are misleading by ambiguity and omission of the product category. The advertisement contravened Chapters I.1, I.2 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Nyayvijay Jyotish Vidhyatejak"
PRODUCT:

COMPLAINT:

“100% positive result guaranteed”

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objection raised in the complaint. 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 for this complaint. The CCC viewed the advertisement of palmistry classes indicating that it is a registered certificate course. In the absence of comments from the Advertiser, the CCC concluded that the claim, “100% positive result guaranteed”, is not substantiated, and is misleading by exaggeration. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"H.L. Slimming Point Pvt. Ltd."
PRODUCT:"H.L. Slimming Point"

COMPLAINT:

“Now hair fall will stop”

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objection raised in the complaint. 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 for this complaint. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claim, “Now hair fall will stop”, was not substantiated with treatment efficacy data, and is misleading by exaggeration. The advertisement contravened Chapters I.1and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Dhanalakshmi Srinivasan Charitable and Education Trust"
PRODUCT:"Dhanalakshmi Srinivasan Engineering College"

COMPLAINT:

“100% Scholarship for Engineering aspirants”

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objection raised in the complaint. 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 for this complaint. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claim, “100% Scholarship for Engineering aspirants”, was not substantiated with authentic supporting data such as evidence of 100% scholarships availed by their students, and is misleading by ambiguity about the total number of scholarships being offered and 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:"Expert Education and Charitable Foundation"
PRODUCT:"Expert Group of Institution"

COMPLAINT:

“India’s most trusted brand”

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objection raised in the complaint. 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 they were awarded the certificate by IBC InfoMedia. As claim support data, the advertiser provided a copy of the award certificate and explanation regarding the details of survey data. The award certificate shows that the award was granted in the sub category of `India’s most trusted competition coaching institute’ which was not clearly called out in the advertisement and the source of the award was also not mentioned. The CCC noted that the claim was likely to be understood by consumers as a comparison about Expert Coaching classes to that of their competitors. In addition, CCC considered a claim of this nature was likely to be seen as a reflection of consumer opinion of the coaching offered by the classes and therefore, CCC considered it would need to be supported by documentary evidence showing that was the case. The CCC considered such evidence could have been in the form of a customer survey which set out the reasons why they trusted Expert Coaching classes over their competitors. The CCC acknowledged advertiser’s justification for the claim; however, in the absence of survey methodology, questionnaires used, names of other similar institutes that were part of the survey and the outcome, CCC considered it was insufficient to support the specific type of claim they had made. In the absence of suitable documentary evidence, the CCC concluded the claim had not been substantiated and was 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:"Nikhileshwar Institute of Banking & Management"
PRODUCT:"NIBM PO Maker"

COMPLAINT:

“Awarded and Certified with No.1 Institute in Jharkhand”

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objection raised in the complaint. 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 for this complaint. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claim, “Awarded and Certified with No.1 Institute in Jharkhand”, was not substantiated with any comparative data versus other similar institutes in the same category or any third party validation or research to prove this claim. The claim is 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:"The Surajmal Agarwal Laxmidevi Sawarthia Educational Trust"
PRODUCT:"Surajmal Agarwal College of Paramedical and Health Sciences"

COMPLAINT:

“100% Placement”

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objection raised in the complaint. 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 for this complaint. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claim, “100% Placement”, was not substantiated with authentic supporting data such as detailed list of students who have been placed through their Institute, contact details of students for verification, enrolment forms and appointment letters received by the students, nor any independent audit or verification certificate, and is 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:"Delpiero School of Management (DSM)"
PRODUCT:

COMPLAINT:

“Guaranteed job in minimal expense”

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objection raised in the complaint. 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 for this complaint. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claim, “Guaranteed job in minimal expense”, was not substantiated with authentic supporting data such as detailed list of students who have been placed through their Institute, their enrolment forms and appointment letters received by the students, nor any independent audit or verification certificate. The claim is 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:"Precept Design Studio"
PRODUCT:

COMPLAINT:

“We guarantee 100% Fee Refund, if student doesn't qualify in NATA”

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 through their Advocates indicating their willingness to rectify the claim statement. Subsequently, the advertiser responded stating that they offer this 100% Fee refund benefit to all the students enrolling at their institute and who have successfully completed 75 hours of coaching at the Institute. The CCC viewed the print advertisement and considered the Advocate’s and the Advertiser’s response. The CCC noted that the advertiser makes assertions about providing 100% fee refund however has not submitted any data. In the absence of claim support data, the CCC concluded that the claim, “We guarantee 100% Fee Refund, if student doesn't qualify in NATA”, was not substantiated with supporting evidence of the students who were refunded their fees or data regarding rest of the students qualifying NATA 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:"Media3 International Pvt. Ltd."
PRODUCT:

COMPLAINT:

"1. 100% Job Guarantee (Not Assistance). 2. Become a software Engineer in 4 Months"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objections raised in the complaint. 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 for this complaint. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claim, “100% Job Guarantee (not assistance)”, was not substantiated with authentic supporting data such as detailed list of students who have been placed through their Institute, their enrolment forms and appointment letters received by the students, nor any independent audit or verification certificate. Claim, “Become a software Engineer in 4 Months”, was not substantiated with verifiable support data. Also, the claims 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:"Montura Institute of Visual Effect"
PRODUCT:

COMPLAINT:

“100% Placement for the previous batches”

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objection raised in the complaint. 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 for this complaint. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claim, “100% Placement for the previous batches”, was not substantiated with authentic supporting data such as detailed list of students who have been placed through their Institute, contact details of students for verification, enrolment forms and appointment letters received by the students, nor any independent audit or verification certificate, and is 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:"Centre for Ambition"
PRODUCT:"Pre B4 Pre- Centre for Ambition and Amar Ujala"

COMPLAINT:

“Top 3 students will get 100% Scholarship & 50 lac Scholarships for other students”

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. Advertiser states that 50 Lac Scholarship denotes that they will give discount in Fees in the form of Scholarship to the students who will qualify their exam; however, the advertiser did not submit any data. In the absence of claim support data, the CCC concluded that the claim, “Top 3 students will get 100% Scholarship & 50 lac Scholarships for other students”, was not substantiated with authentic supporting data such as evidence of 100% scholarships and 50 lac scholarships availed by their students. Furthermore, the CCC noted that the advertiser is positioning this claim as a future promise without providing any basis as to how such scholarships would be feasible and the claim is misleading by ambiguity and 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:"Dr. Kartik’s Slimming Clinic"
PRODUCT:

COMPLAINT:

"1. 4D power shaper ‐ The body you want without going a gym 2. An advanced slimming process from DKS that helps lose inches from Tummy/Thight/Hips. 3. Customise body shaping"

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 advertisements and considered the Advertiser’s response. Advertiser states that they are using cavitation machine to lose inches from tummy/thigh/Hips and from any other area of the body. Advertiser has explained the mechanism and principle of this machine. As claim support data, the advertiser provided details of treatments and procedure described in "research papers and bibliography" section. The CCC noted that the advertiser has only given assertions about their treatment equipment, but have not provided details and evidence of the equipment used at their clinic, it's specification and treatment procedure for achieving slimming benefits. The advertisement has claims of “Sculptsure” projecting that this treatment would provide consumers the body shape they desire and the shape changes would be feasible in specific areas as per “customization”. The advertisement implies that all the benefits would be achieved without any lifestyle changes whereas the advertiser’s response indicates that the ore exercise a customer undertakes, the better their results would be. Based on the data provided, the CCC concluded that the claims, “4D power shaper ‐ The body you want without going a gym”, “An advanced slimming process from DKS that helps lose inches from Tummy/Thigh/Hips”, and “Customise body shaping”, were inadequately substantiated with evidence of results achieved by the clients, and are misleading by ambiguity and gross exaggeration. The advertisement contravened Chapters I.1and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Aptech Limited "
PRODUCT:"Arena Animation Academy"

COMPLAINT:

"“Asia's No.1 Multimedia Animation Institute” “Get 100% Job”"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objections raised in the complaint. 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 for this complaint. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claim, “Asia's No.1 Multimedia Animation Institute”, was not substantiated with any verifiable comparative data versus other similar institutes in the same category or any third party validation or research to prove this claim. Also, the claim is misleading by exaggeration and by ambiguity and omission of the reference to the particular criteria for which they are No.1. Claim, “Get 100% Job”, was not substantiated with authentic supporting data such as detailed list of students who have been placed through their Institute, contact details of students for verification, enrolment forms and appointment letters received by the students. Also, the claims 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:"Shrinivas (Gujarat) Laboratories Pvt. Ltd"
PRODUCT:"Shrinivas Tulsi Panchamrit"

COMPLAINT:

"1. Stay away from various diseases...Live long life.! 2. 2 drops make your life."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objections raised in the complaint. 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 for this complaint. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claims, “Stay away from various diseases...Live long life.!”, and “2 drops make your life”, were not substantiated with product efficacy data, and are misleading by exaggeration. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Neha Herbals Pvt. Ltd."
PRODUCT:"Neha Herbal Colour Cream"

COMPLAINT:

"1. Stay natural, look natural with Neha Herbal Colour cream. 2. The voice over states,” Get naturally black hair @ Rs.15/- only."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The Advertiser was offered an opportunity for Personal Hearing or for a telecon with the ASCI Secretariat. The advertiser representatives did not seek a personal hearing nor did they have a telecon, and submitted their written response. The CCC viewed the TVC and considered the Advertiser’s response. Advertiser states that the product will render hair looking naturally beautiful (like natural hair), gives a natural coverage not making it obvious that a colouring dye has been used. They state that they are not claiming that their product uses no artificial chemicals. As claim support data, the advertiser provided formulation details of the product and copy of product packaging. The CCC noted that the TVC emphasizes on the product descriptor “Neha Herbal Colour Cream” and claim “Raho natural” whereas the product efficacy is due to chemical colouring agent. The claim of “herbal colour cream” was not substantiated. While the claim “Dikho natural” pertains to hair looking naturally black, the CCC concluded that the claims, “raho natural” and “herbal” are misleading by ambiguity and implication. The TVC contravened Chapter s I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Organic India Pvt. Ltd"
PRODUCT:"Organic Green Tea"

COMPLAINT:

"1.ORGANIC INDIA for your well being Joint Pain Relief 2. LEMON GINGER TEA(Tulsi , Lemon and Ginger) -Improves immunity 3. TURMERIC FORMULA (Turmeric rhizome, Ginger rhizome, Turmeri extracts with 95% curcuminoids) - Helps prevent inflammatory condition - Supports healthy bones, joints and overall skeletal system 4. FLEXIBILITY (Motha, Ashwagandha, Guruchi, Rama Tulsi) - Heals joint pain - Improves joint mobility - Support join repair 5. OSTEOSEAL (Harjor, Sahijan, Shatavari) - Facilitates faster joint repair - Helping faster bone formation - Rich supply of caclium, phosphorus, amino acids, vitamins and sugar 6. For superior efficacy and safety, Organic India uses Predominantly Certified Organic Whole Herbs."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The Advertiser was provided an opportunity to discuss their submission via tele-conferencing. The advertiser representatives did not seek a personal hearing and submitted their written response. Advertiser states that the “improves immunity” benefit is attributed by Tulsi the principle component of the Product. Turmeric extracts benefits are attributed mainly by Haldi/haridra/Turmeric(Curcuma longa). Flexibility attributed by anti-inflammatory/anti-arthritic properties of constituent herbs as shown. Advertiser is sourcing the Organic Certified raw material 60-70% volumes from grower groups (small and marginal farmers) and rest of raw material from Organic certified third parties. As claim support data, the advertiser provided The Indian Materia Medica, The anti-inflammatory property of Turmeric supported by “Bhavprakash Nighantu”, Medical research journals, Moringa: - Supplies Amini-acids, vitamins and minerals, copy of test report, copy of Organic Scope certificate, Product License containing composition, and Product license for each of the products. 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 the opinion of the Technical expert presented at the meeting. The CCC noted that a reference from Indian Matetia Medica on Tulsi, Ocimum sanctum is very general in nature and its Rasayana property as highlighted is not directly relevant to variety of claims made for the finished product. Analytical Report on one of the ingredients, Moringa oleifera for presence of series of phytochemical principles fails to establish its relevance to the claims. Several reports on Turmeric have been provided. These vary from a general Review that clearly states need of qualified supervision and others where specific activities have been studied on Turmeric and or its phytochemical constituents including curcumin. However, the product has Turmeric powder, its extract and specifically curcumin in composition. There is no data to substantiate that the said composition has any specific benefit as claimed. The product composition will have a synergistic effect that may vary from individual constituents. It could enhance or reduce or even alter the therapeutic effect. The advertisement claims multiple benefits related to joint disorders including pain, swelling, rigidity and such. However, no validation of any of the products as composed and advised to be administered are provided. The CCC concluded that the claims, “ORGANIC INDIA for your well being Joint Pain Relief”, “LEMON GINGER TEA (Tulsi, Lemon and Ginger) - Improves immunity”, “TURMERIC FORMULA - Helps prevent inflammatory condition - Supports healthy bones, joints and overall skeletal system”, “FLEXIBILITY - Heals joint pain - Improves joint mobility - Support join repair”, “OSTEOSEAL - Facilitates faster joint repair - Helping faster bone formation - Rich supply of calcium, phosphorus, amino acids, vitamins and sugar”, were inadequately substantiated with clinical evidence”, and are misleading by ambiguity and implication. The CCC noted that the advertiser is claiming to use “predominantly organic” ingredients and the certification provided is for only processing / production. The certificate is not specific to “farming” and does not appear to cover sourcing of raw material. Furthermore, the advertisement is ambiguous about the “non-organic portion of the ingredients” contributing to the product. The CCC considered the claim linking superior efficacy to organic source to be misleading. The CCC concluded that the claim, “For superior efficacy and safety, Organic India uses Predominantly Certified Organic Whole Herbs”, was inadequately substantiated and is misleading. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Rootsberry Organics Range Of Products"
PRODUCT:

COMPLAINT:

“Reduce weight naturally with Rootsberry Organics - slimming soup-slimming drinks. ”

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objection raised in the complaint. 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 for this complaint. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claim, “Reduce weight naturally with Rootsberry Organics - slimming soup-slimming drinks”, was not substantiated with evidence of product efficacy, and is misleading by exaggeration. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Dreamcann Foods Private Limited (Whole Foods India)"
PRODUCT:"Whole Foods Special Glycaemic Atta"

COMPLAINT:

“Special Glycaemic Atta” “Glycaemic Index 55”

NATURE OF COMPLAINT:

"While looking for healthy atta online, I came across a pack of Whole Foods Atta marketed by Dreamcann Foods Pvt. Ltd., New Delhi-110025 (www.wholefoods.com) which contains misleading claims. http://www.amazon.in/Whole-Foods-Special-Glycemic-Atta/dp/B016HST1O4 1) The products makes a claim Special Glycaemic Atta which is entirely misleading because there is no evidence to support it. 2) The Glycemic Index (GI) value has been stated as 55 on the back of the pack (in the nutritional info section) without citing any substantiation. Establishing Glycemic Index (GI) of a sample of atta requires clinical trials with human subjects, using samples of the actual food about which the claim is being made. As per ISO 26642:2010, the GI value of a test food needs to be determined by feeding 10 or more healthy people a portion of the test food containing 50 grams of digestible (available) carbohydrate and then measuring the effect on their blood glucose levels over the next two hours, along with comparing these results with results for 50 g of glucose. I request ASCI to intervene and ask Dreamcann Foods Pvt. Ltd.to stop misleading consumers and to 1) Withdraw these packs from the market immediately 2) Withdraw all promotional material containing the misleading claims (including on all websites & media platforms) 3) Remove their products from partner websites & their own online store 4) Not make any GI claims in the future without clinical trials, documentation & reference of the same Pictures of the pack labels are enclosed. The link to the product is http://www.amazon.in/Whole-Foods-Special-Glycemic-Atta/dp/B016HST1O4 I looked up the Englyst method of in-vitro testing for Glycemic Index and also checked with a couple of renowned diabetes experts about its reliability in measuring GI. Summary of all literature/ expert opinions is that Englyst method was an attempt, around 1999 to find an in-vitro method of measuring GI but did not prove to be a reliable way of measuring GI. The original 1999 paper itself recognized the limitation of in-vitro method A severe limitation of the in vitro method is that the very basis for GI testing – content of available carbohydrate of the food – cannot be measured (manufacturer’s nutrition table is used to ascertain this value). The study, by its own admission acknowledges this limitation – “no simple in vitro term is available that defines the carbohydrate in a food in such a way as to characterize its digestion in the gut” (reference cited below) When the basis for testing GI value itself is not obtained through a credible fool-proof method, the entire in vitro testing procedure is liable to scrutiny. (Reference at http://m.ajcn.nutrition.org/content/69/3/448.full#sec-12 under the ‘Discussion’ section) All major subsequent reviews have rejected it as a reliable method of GI testing 1. A 2002 study published in the European Journal of Clinical Nutrition evaluated the relationship between the results of in vitro determinations of carbohydrate digestion rates and the glycemic index. The conclusion was that there was a weak positive correlation between the two: r=0.425 (Study accessible at http://www.nature.com/ejcn/journal/v56/n8/full/1601386a.html) 2. In a very recent study (April 2016) titled ‘The Potential of an in Vitro Digestion Method for Predicting Glycemic Response of Foods and Meals’, the following conclusive statements were made regarding the in vitro method “Clearly, it was beyond the scope of this protocol to allow single measurements of dialyzable glucose at 120 min to be transformed through a linear regression model to a figure that matches GI or GL. It must be highlighted that in vitro approaches may be useful tools but do not always correlate well with in vivo values because they cannot precisely imitate human processes. There is no doubt that measuring GI in humans is the best approach. This must be considered when interpreting results obtained with the proposed protocol.” (Reference accessible at https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4848678/#sec4-nutrients-08-00209title in final paragraph of ‘Discussion’ section) Not just WHO but all major standards prescribe testing on Human subjects 1. The UN Food & Agriculture Organization’s guidelines lay down that human subjects should be used for GI-testing & furthermore “it is recommended that the standard food be repeated at least three times in each subject” UN Guidelines accessible at http://www.fao.org/docrep/w8079e/w8079e0a.htm 2. European Food Safety Authority, which is the legal food safety authority for European Union member nations, clearly states the following in its official document concerning 'EFSA's evaluation of health claims: scientific substantiation' "" human data central for substantiation - hierarchy of evidence - – quality of individual human studies – studies in animals or in vitro may provide supportive evidence "" Reference can be found on page 8 of the official document available here -https://www.efsa.europa.eu/sites/default/files/event/documentset/corporate100601-p01.pdf 3. British Standards Institution (BSI), which is the national standards body for the UK, mandates that food products be tested on human subjects in order to determine the food product's GI value, in accordance with ISO 26642:2010(Food products. Determination of the glycaemic index (GI) and recommendation for food classification). Official BSI document can be found at http://shop.bsigroup.com/ProductDetail/?pid=000000000030146968 4. The International Life Sciences Institute Europe (affiliated to World Health Organization), in its 2011 publication on ‘Food, Glycaemic Response and Health’ necessitates a minimum of 10 healthy human subjects for GI-test clinical trials. Accessible at: http://ilsi.eu/wp-content/uploads/sites/3/2016/06/Glycaemic-Response-2011.pdf 5. The Association of Physicians of India recognize & follow the UN Guidelines (mentioned above) according to which human subjects are necessities for GI-testing. This is evidenced in this article published by the journal of The Association of Physicians of India http://japi.org/october_2013/06_oa_glycaemic_index_gi.pdf 6. The Australian Standard Glycemic Index of Foods states that ""While a digestibility or hydrolysis index can be obtained by in vitro methods of assessing the rate of carbohydrate digestion, the results should not be referred to as GI values"" (Document attached)"

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. Advertiser states that the test undertaken by them states that the test method followed was as per ISO 26642:2010 and the GI was 55. These laboratories are also approved by FSSAI. As claim support data, the advertiser provided Test reports from the two laboratories and product packaging, and Label of the product complained against. The claim support data was reviewed by the technical expert of ASCI. The CCC viewed the website advertisement, product packaging and considered the Advertiser’s response as well as the opinion of the Technical expert presented at the meeting. The CCC noted that the test reports submitted by the advertiser are based in vitro method. Claim, “Glycaemic Index 55” - GI value has been stated as 55 on the back of the pack without citing any substantiation. Both the laboratory reports submitted by the advertiser claims the whole Food atta’s Glycemic index is 55. The method used by both the labs is by in-vitro method. This method has several limitations as against in-vivo method recommended by ISO and European Clinical research standards. In vitro method is not considered to be a recognized method for establishing the GI index as it is not based on the actual blood sugar rise test vs reference on humans. The in-vitro method cannot be correlated well with in-vivo values as they cannot imitate human process. The glycemic index (GI) is an indicator of the relative human glycemic response to dietary carbohydrates in a food. Access to accurate information about the GI values of foods is important for consumers, health professionals and people with diabetes to assist them in making informed dietary choices. Based on this information, the CCC concluded that since the advertiser has not corroborated the GI value basis recognized in-vivo method, the claims, “Glycaemic Index 55” and “Special Glycaemic Atta” were not substantiated and are misleading by ambiguity and implication. The website advertisement and the product packaging claims contravened Chapters I.1 and I.4 of the Code. The complaint was UPHELD."

 

COMPANY:"K.C. Food Products Private Limited"
PRODUCT:"K.C. Digestive Biscuits"

COMPLAINT:

“Highest content of whole wheat flour” (sabse jyada atta)

NATURE OF COMPLAINT:

Recommendation: NOT UPHELD

"The CCC viewed the print advertisement and considered the advertiser’s response. Advertiser states that the claim is based on the fact that the said biscuits contain the highest amount of whole wheat flour compared to any other digestive biscuits manufactured in the country. As claim support data, the Advertiser provided a comparative data of ingredients of two major Companies products (Britannia & Mcvities) and also submitted wrappers of these biscuits as evidence. On reviewing this data, the CCC noted that KC Biscuits contain 34.2% whole wheat flour as compared to Mcvities (15.3%) and Britannia (20%). Based on these labels claims and in the absence of any contradictory data of other competitors, the CCC concluded that the claim, “sabse jyada atta” was substantiated. The complaint was NOT UPHELD."

 

COMPANY:"N B Group"
PRODUCT:"Meenajee Mawa"

COMPLAINT:

“No. 1 in taste and quality” “ASCI Code does not permit the use of personalities from the field of sports and entertainment for products which, by law, require a health warning “,…….. is injurious to health” in their advertising or packaging.”

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objections raised in the complaint. 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 for this complaint. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claim, “No. 1 in taste and quality”, was not substantiated with any comparative data versus other similar products in the same category or any third party validation or research to prove this claim, and is misleading. The CCC noted that as per the advertiser NB Group’s YouTube link (https://www.youtube.com/watch?v=3PUC3ysCi88) Meenaji Mawa is Odisha’s largest selling Gutkha. The Advertisement of Meenajee Mawa is a surrogate Ad for a Gutkha product – Meenajee Gutkha Chapter III.2 (e) of the ASCI Code, states that Advertisements “Should not feature personalities from the field of sports and entertainment for products which, by law, require a health warning in their advertising or packaging.” The advertisement features Sharman Joshi – a celebrity from the field of cinema. The advertisement is misleading by implication and contravened Chapters I.1, I.4 and III.6 (b) of the ASCI Code (“Whether there exists in the advertisement under complaint any direct or indirect clues or cues which could suggest to consumers that it is a direct or indirect advertisement for the product whose advertising is restricted or prohibited by law or by this Code.”) Also, the Ad did not meet the requirements as per ASCI's Guidelines for Qualification of Brand Extension Product or Service and thereby contravened Chapter III.6 (a) of the ASCI Code (“Whether the unrestricted product which is purportedly sought to be promoted through the advertisement under the complaint is produced and distributed in reasonable quantities, having regard to the scale of the advertising in question, the media used and the markets targeted.”) The complaint was UPHELD."

 

COMPANY:"AM.P Pan Products Pvt. Ltd"
PRODUCT:"Am P Pan Products Pan Masala Range"

COMPLAINT:

"The print advertisement and the pack shown in the ad does not carry a health warning."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objections raised in the complaint. 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 for this complaint. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the print advertisement, and the products (Supari packs) shown in the advertisement, are misleading by omission of a statutory cautionary message/warning via super that “Chewing of Supari may be injurious to health. Not for minors”. The advertisement and the packs in the advertisement contravened Chapters I.4 and III. 4 of the ASCI Code and ASCI Guidelines on Disclaimers. The complaint was UPHELD."

 

COMPANY:"Nila Pharmaceuticals"
PRODUCT:"Arsamukthi"

COMPLAINT:

"1. Get rid of piles. 2. Name of the product implies cure for piles"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Piles and Fistulae Item no. 42- Schedule J"

 

COMPANY:"Francis Vaidyans Ayurveda Vaidyasala Pvt Ltd"
PRODUCT:"Mehyog"

COMPLAINT:

"1. Mehyog is an ayurvedic diabetic medicine for all types of diabetic conditions, regardless of age. 2. Not only diabetes is controlled, but its provides 100% cure to diseases related to diabetes like weakness, fatigue, thin body, numbness in hands and legs, joint pain, sleeplessness, blackout, less vision, less sexual power, itching in body, abscess with pain, body odour due to sweat, black colour seen in feet, etc . 3. Mehyog should be used daily to prevent diabetes related diseases and normalize diabetes level."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Diabetes- Item no. 9- DMR Act Item no. 14 – Schedule J"

 

COMPANY:"Dr N Sudhir Holistic Clinic"
PRODUCT:"Vibes Centre"

COMPLAINT:

"No need of medicines, instant relief for below diseases : - Spondylitis - Paralysis - Asthma. - Diabetes. - Fits."

NATURE OF COMPLAINT:

Recommendation: UPHELD

""Spondylitis- Item no. 48-Schedule J Paralysis- Item no.39- DMR Act Item no. 40- Schedule J Asthma- Item no. 4- Schedule J Diabetes- Item no. 9- DMR Act Item no. 14 – Schedule J Fits- Item no. 20 – DMR Act Epileptic Fits- Item no. 16- Schedule J""

 

COMPANY:"Shivansh Ayurveda "
PRODUCT:"Shivansh Ayurveda Range Of Products"

COMPLAINT:

"1 Adopt Ayurved to increase physical power 2. By using this you can yourself that this medicine is capable to fill pep in body and keep it young. The visual in the ad, read in conjunction with the claims objected to implies that the product is meant for enhancement of sexual pleasure."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Maintenance or improvement of the capacity of the human being for sexual pleasure – Item no. 36 – Schedule J"

 

COMPANY:"Ruchi Herbals Pvt Ltd"
PRODUCT:"Long Dive Range Of Products"

COMPLAINT:

"1. Power Booster for Men. The visual in the ad and the product name, read in conjunction with the claim objected to implies that the product is meant for enhancement of sexual pleasure."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Maintenance or improvement of the capacity of the human being for sexual pleasure – Item no. 36 – Schedule J"

 

COMPANY:"Shubham Homeo Clinic"
PRODUCT:

COMPLAINT:

Permanent Treatment of Tumour of Breast, Tumour of Uterus without operation.

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Cancer Item no. 6 – DMR Act Cancer and benign tumour Item no. 8 – Schedule J Tumours- Item no. 51-DMR Act"

 

COMPANY:"Naaz India Company"
PRODUCT:"Naaz Churna"

COMPLAINT:

"1. Quick Relief from the pains of Piles - Haemorrhoids. 2. Bleeding stops, fissure gets dried, the puss of piles gets dried and there is no need of operation. You get quick relief as soon as you start consuming the Churna."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Piles and Fistulae Item no. 42- Schedule J"

 

COMPANY:"Rajnish Hot Deals Pvt Ltd "
PRODUCT:"Playwin Oil"

COMPLAINT:

"1. Realization of love for longer duration. 2. The visual in the ad, read in conjunction with the claims objected to implies that the product is meant for enhancement of sexual pleasure."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Maintenance or improvement of the capacity of the human being for sexual pleasure – Item no. 36 – Schedule J"

 

COMPANY:"Rajnish Hot Deals Pvt Ltd"
PRODUCT:"Playwin Capsule"

COMPLAINT:

"1. Helps in preventing premature ejaculation 2. The visual in the ad, read in conjunction with the claim objected to implies that the product is meant for enhancement of sexual pleasure."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Maintenance or improvement of the capacity of the human being for sexual pleasure – Item no. 36 – Schedule J Premature Ejaculation - Item no- 47- Schedule J"

 

COMPANY:"Shree Maruti Herbal"
PRODUCT:"Stay On Power Capsule"

COMPLAINT:

"1. Feeling of Strength and Absolute Vigor. 2. Whenever you Think Power Think Stay-On 3. Be it sports, profession, leadership or relationship, you need power. To surmount any obstacle you need power. That's where Stay-On, the power capsule works wonders. 4. The visuals in the ad and product packaging, read in conjunction with the claims objected to implies that the product is meant for enhancement of sexual pleasure."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Maintenance or improvement of the capacity of the human being for sexual pleasure – Item no. 36 – Schedule J"

 

COMPANY:"Shree Maruti Herbal"
PRODUCT:"Stay-On Oral Liquid"

COMPLAINT:

"1. Rediscover Stamina & Energy of your youth. 2. Fills your life with excitement, youthfulness and power. 3. The visuals in the ad, read in conjunction with the claims objected to implies that the product is meant for enhancement of sexual pleasure."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Maintenance or improvement of the capacity of the human being for sexual pleasure – Item no. 36 – Schedule J"

 

COMPANY:"S D Industries "
PRODUCT:"Zosh Ayurvedic Oil and Capsules"

COMPLAINT:

"1. Experience complete pleasure of Married Life. 2. Power booster for men. 3. The visual on the packaging, read in conjunction with the claims objected to implies that the product is meant for enhancement of sexual pleasure."

NATURE OF COMPLAINT:

Recommendation: UPHELD

""Maintenance or improvement of the capacity of the human being for sexual pleasure – Item no. 36 – Schedule J""

 

COMPANY:"Deevya Ayurveda and Panchkarma Centre"
PRODUCT:

COMPLAINT:

"Through Ayurved and Panchakarma, treatment for leucorrhoea and infertility is possible."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Sterility in women- Item no 45- DMR Act Female diseases (in general) Item no. 18- DMR Act"

 

COMPANY:"Osho Medicare"
PRODUCT:

COMPLAINT:

"1. 100% Result on Kidney Failure. 2. Kidney shrinkage can be made normal."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Kidney Stones- Item no. 22- DMR Act Item no. 50- Schedule J"

 

COMPANY:"German Homeo Gastro Liver Hospital"
PRODUCT:

COMPLAINT:

"Breast tumour, Lump tumour of uterus, uterine, fibroid, ovarian cyst and all kind of menstrual diseases and chronic fever, for all these diseases successful treatment without operation."

NATURE OF COMPLAINT:

Recommendation: UPHELD

""Cancer Item no. 6 – DMR Act Cancer and benign tumour- Item no 8- Schedule J Tumours- Item no. 51-DMR Act Diseases and Disorders of the uterus- Item no. 12- DMR Acr Item no. 15- Schedule J Disorders of menstrual flow Item no. 13- DMR Act Fevers (in general) Item no. 19- DMR Act Female diseases(in general) Item no. 18- DMR Act""

 

COMPANY:"Maa Homeo Chikitsha Kendra"
PRODUCT:

COMPLAINT:

""Easy and Successful Treatment of Diseases like: - Mental disease, migraine, headache - Stones (Gallbladder and kidney) - Liver diseases - Woman diseases, tumour of breast, ovary, uterus - Chronic renal failure - Spondylitis - Male diseases - Paralysis""

NATURE OF COMPLAINT:

Recommendation: UPHELD

""Diseases and disorders of brain- Item no. 10- DMR Act Psychiatric disorders- Item no. 16 – Schedule J Kidney Stones- Item no. 22- DMR Act Item no. 50- Schedule J Jaundice/ Hapatitis/ Liver disorders Item no. 33 – Schedule J Cancer and benign tumour- Item no 8- Schedule J Tumours- Item no. 51-DMR Act Diseases and Disorders of the uterus- Item no. 12- DMR Acr Item no. 15- Schedule J Spondylitis- Item no. 48-Schedule J Female diseases(in general) Item no. 18- DMR Act Paralysis Item no. 39- DMR Act Item no. 40- Schedule J""

 

COMPANY:"Astha Skin Care Pvt. Ltd."
PRODUCT:"Astha Clinic"

COMPLAINT:

"1. White Spot 2. Successful Treatment for all kind of skin diseases through herbal and homoeopathic medicine. 3. The before and after visuals in the ad appear to be misleading"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Leucoderma Item no. 33- DMR Act Item no. 35- Schedule J"

 

COMPANY:"Health Buffet "
PRODUCT:

COMPLAINT:

"1. India’s First Authentic Brenlarge cream. 2. Best in Quality, Best in Results with O side effects"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Form & Structure of the female bust – Item no. 21- DMR Act Form & Structure of the female breast- Item no 19- Schedule J"

 

COMPANY:"One MobiKwik Systems Private Limited"
PRODUCT:

COMPLAINT:

"“Free petrol from 6PM- 9PM (Pune only)!” “Get 100% cashback between 6PM – 9PM from 3rd – 9th February 2017!”"

NATURE OF COMPLAINT:

"Free petrol from 6PM-9PM (Pune only)! How can they use word FREE in their advertisement. It is misleading. https://www.mobikwik.com/offer/freepetrol?utm_source=Telegram&utm_medium=Telegram&utm_campaign=refferal Misleading ads, misleading use of word""FREE"",100% cashback etc. But actually they put condition that maximum cashback is so an so which is capped at way less amount than cost of purchase. how can then it become FREE or 100% cashback. Kindly take action and make them realize that misleading ads are not tolerated."

Recommendation: UPHELD

"The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek a personal hearing. Post receiving a reminder to respond from ASCI, the Advertiser submitted their written response. Advertiser states that the advertisement is a promotion offer in which the user who will participate will get 100% cashback subject to terms and conditions clearly mentioned along with the promotional offer. The CCC viewed the website advertisement and considered the Advertiser’s response. The CCC noted that while the advertisement claims “Free petrol from 6PM- 9PM (Pune only)!”, the offer details say, “Get 100% cashback between 6PM – 9PM from 3rd – 9th February 2017!”. The CCC noted that the claim of “Free” is contradictory to the conditions stated, and is also misleading by ambiguity as it is subject to terms and conditions that 100% cashback is limited to only Rs.100/-. The website advertisement contravened Chapter I.4 of the ASCI Code, and Clauses 1 and 2 of the ASCI Guidelines on Disclaimers. The complaint was UPHELD."

 

COMPANY:"Idea Cellular Ltd"
PRODUCT:"Idea 4G"

COMPLAINT:

"“Some of the critical depictions noticed in the TV advertisement are detailed herein-below: Grossly exaggerated depiction of download speeds: In the course of the TV Advertisement, one of the actors is shown to be downloading a ‘HD movie’ instantaneously, with the expressions ‘4G’ prominently showing on the mobile screen. This is a highly exaggerated and grossly misleading depiction; Misleading references to Idea 4G and network coverage: In the course of the TV Advertisement, one actor comments on Idea 4G to which, another actor, as if adding to this comment, immediately claims that ‘Idea network’ is available at over 4 lakh villages & towns. Not only is the depiction aimed at making misleading and deceptive reference to the extent of coverage of the 4G services by Idea, the advertisement also depicts a mobile image showing a write-up with a prominent caption stating ‘Idea Cellular is available in over 4 lakh towns and villages across India’ with the expression ‘4G’ also prominently visible on the top row of the mobile screen; Attempted derogation of free data, contrary to its own campaigns: In the course of the TV Advertisement, a depiction attempting to derogate ‘free’ offers, by using veiled enunciations such as ‘free parking’ and ‘freeG’ is made. The attempted distancing that Idea seeks to make from the term ‘free’, is contrary to its own campaigns offering to provide ‘free data’ and is grossly misleading and deceptive. a. As explained in the foregoing paragraphs, Idea has, in the course of the TV Advertisement, sought to create an impression that Idea 4G services are available in most parts of rural and urban India, apart from attempted to depict its download speeds being faster than other service providers; b. The depiction of very high download speeds is without any qualification/certification. The expression ‘HD movie’ is vague and misleading and the speed at which the download is shown to be occurring is in complete and utter disregard to the speeds that market reports indicate, including but not limited to the the TRAI reporting on speed tests from time to time; c. The depictions attempted with respect to 4G services availability and the download speeds, in fact, are contrary to the particulars available on Idea’s own website - https://www.ideacellular.com/4g, wherein it is clearly mentioned that Idea 4G is available at limited locations in 10 service areas. Additionally, as per the Quarterly report published by Idea for Q2, Idea 4G services are available in only 2343 towns and 7495 villages. d. The attempted derogation of the expression ‘free’ is contrary to Idea’s own campaigns on free data and is in fact, an attempt to deride competition using a deliberately false and misleading yardstick.”"

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 through their Advocates. The Advocate on behalf of the advertiser states that ICL has a presence in over 4 lakh villages and cities and this is all that is stated in the write-up depicted in the commercial. Their 4G network is available in 10 service areas in a total of 2,343 towns and 7,495 villages, as stated on ICL's website. The CCC viewed the TVC and considered the Advertiser’s response. The CCC noted that while the advertiser is claiming wide coverage for non-4G services via a prominent caption stating “Idea Cellular is available in over 4 lakh towns and villages across India”, the image is accompanied by an expression ‘4G’. The CCC concluded that this representation is misleading by ambiguity and implication that Idea 4G services are available in most parts of rural and urban India. The TVC contravened Chapter I.4 of the ASCI Code. This complaint was UPHELD. The visual showing the model downloading a ‘HD movie’ or reference to Free G was not considered to be objectionable. This complaint was NOT UPHELD."

 

COMPANY:"Idea Cellular Ltd "
PRODUCT:"Mobile Number Portability"

COMPLAINT:

"“Resorting to selective advertising, Idea has widely promoted, through their respective web-sites, the mobile number portability or MNP option, specifically targeting subscribers of other service providers and emphasizing to them, the ease of availing the MNP option to port-out of other service provider networks. This wide publicity accorded by Idea for MNP omits reference to the MNP process as mandated under law for subscribers porting-in as well as porting-out of a mobile network. Such a practice is in complete disregard to the ASCI Code which calls for honest representation to be made by the advertisers. At the outset, we submit that, in so far as the offers being made by Idea to dissuade or unduly influence customers in exercise of their MNP rights are concerned, these are in gross violation of extant telecommunication laws including the Telecommunications Tariff Order, 1999 (“TTO”). These offers are presented to the subscribers surreptitiously, on a one-to-one basis and the same offers are not available to general public at large. The medium for communicating these offers vary from the ’Point of Sale’ communication, in the form of handwritten banners or placards to call-center interactions/ IVR outcalls, etc. Further, these offers are not published on the Service Provider’s website. The web-link address containing the MNP publicity given by Idea and a photograph of one typical offer being surreptitiously made by Idea to the customers are together enclosed as Annexure-A. The MNP publicity accorded by Idea in its website clearly abuse the trust of customers by omitting critical information and by also distorting and misleading consumers in their understanding of the MNP process.”"

NATURE OF COMPLAINT:

Recommendation: NOT UPHELD

"The CCC viewed the Ad – Hoarding, website advertisement and considered the Advocate’s response on behalf of the advertiser. Advocate states that the offers made by the advertiser are not in violation of the Telecommunications Tariff Order, 1999 (TTO). The CCC concluded that the claim, “MNP Free Dhamaka Postpaid” and the Mobile Number Portability (MNP) publicity accorded by Idea on its website, in the context of the overall communication is not in contravention of the ASCI Code. The complaint was NOT UPHELD."

 

COMPANY:"The Coca-Cola Company"
PRODUCT:"Coca-Cola"

COMPLAINT:

"In the advertisment: elder brother shoe away the goons and gets the coca cola bottle to his younger brother but after that he pushes the bottle in such a manner that the drink splashes on his eyes and face all over. it's harmful as well as bad in taste. if children copy it, it will definitely harmful the children. It's harmful for the eyes and bad in taste. if children copy it, it will definitely be harmful to the children"

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 for this complaint. The CCC viewed the TVC, and concluded that though the overall TVC is not objectionable, the particular scene in the TVC showing the older brother jokingly pushing the coke bottle against the younger brother’s mouth and the cold drink spilling on his face and eye, shows / encourages a dangerous act which is likely to encourage minors to emulate such act in a manner which could harm or injury. Also, the visual manifests a disregard for safety and encourages negligence. The TVC contravened Chapters III.2(b) and III.3 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Aerobok Shoes Pvt Ltd "
PRODUCT:"Aqualite"

COMPLAINT:

"1. India’s Most Trusted Brand - Consumer Validated 2016 2. Asia's Most Promising Brand 3. World's Greatest Brand Asia & Gcc 4. India's Selected No.1 Brand - India 2016"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objections raised in the complaint. 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 for this complaint. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claims, “India’s Most Trusted Brand - Consumer Validated 2016”, “Asia's Most Promising Brand”, “World's Greatest Brand Asia & Gcc”, and “India's Selected No.1 Brand - India 2016”, were not substantiated with details, references of the awards received such as the year, source and category. Also, the claims are misleading by omission of disclaimers to qualify the claims. The advertisement contravened Chapters I.1, I.2 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Hair Doc Trichology Expert"
PRODUCT:"Hair Doc Trichology Hair Clinic"

COMPLAINT:

“Stop Hair Loss in Winter”

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objection raised in the complaint. 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 for this complaint. Advertiser did not provide details of the treatment procedure for stoppage of hair loss. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claim, “Stop Hair Loss in Winter”, was not substantiated with treatment efficacy data, and is misleading by exaggeration. The advertisement contravened Chapters I.1and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Ratnam Coaching Centre"
PRODUCT:

COMPLAINT:

“100% Job Guarantee”

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the concerned Media (Sakshi Telugu News Daily) for their assistance in providing the contact details of the advertiser, or to forward the complaint to the advertiser. The CCC noted that no response was received from the advertiser or from the concerned media prior to the due date for this complaint. 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 claim, “100% Job Guarantee”, for police constables was not substantiated with verifiable claim support data and is 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:"R.R. Polytechnic "
PRODUCT:

COMPLAINT:

“100% Scholarship”

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objection raised in the complaint. 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 for this complaint. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claim, “100% Scholarship”, was not substantiated with authentic supporting data such as evidence of 100% scholarships availed by their student/s, and is misleading by exaggeration and ambiguity regarding the number of scholarships offered. 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:"Matsya IAS Academy"
PRODUCT:

COMPLAINT:

“100% Selection Strategy”

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objection raised in the complaint. 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 for this complaint. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claim, “100% Selection Strategy” is misleading by ambiguity. By including the term “100%”, the advertisement is misleading by implication that there would be guaranteed selection. 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:"Shyam Institute "
PRODUCT:

COMPLAINT:

"1. No.1 training Institute of AP in attaining Govt. Jobs 2. With best results and hope for jobless"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objections raised in the complaint. 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 for this complaint. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claim, “No.1 training Institute of AP in attaining Govt. Jobs”, was not substantiated with any verifiable comparative data versus other similar institutes in the same category or any third party validation or research to prove this claim. Claim, “With best results and hope for jobless”, was not substantiated with verifiable claim support data. Also, the claims 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:"Sri Rajiv Gandhi Polytechnic College"
PRODUCT:

COMPLAINT:

“100% Placement Record”

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objection raised in the complaint. 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 for this complaint. In the absence of comments from the advertiser, the CCC concluded that the claim, “100% Placement Record”, was not substantiated with any data such as contact details of students for independent verification, enrolment forms and appointment letters received by the students, nor any independent audit or verification certificate. Also, the claim is 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:"Bhanwar Rathore Design Studio"
PRODUCT:

COMPLAINT:

"1. Highest selection record from BRDS as compared to any coaching institute in Gujarat "

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objections raised in the complaint. 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 for this complaint. In the absence of comments from the advertiser, the CCC concluded that the claim, “Highest selection record from BRDS as compared to any coaching institute in Gujarat”, was not substantiated with comparative data versus other similar institutes in the same category or any third party validation or research to prove this claim. Also, the claims 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:"Anupam Career & Research Institute"
PRODUCT:

COMPLAINT:

"100% Selection Strategy"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objection raised in the complaint. 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 for this complaint. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claim, “100% Selection Strategy”, was not substantiated with verifiable supporting data, and is misleading by ambiguity. By including the term “100%”, the advertisement is misleading by implication that there would be guaranteed selection. 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:"Eyecon Design Pvt. Ltd"
PRODUCT:"Eyecon Animation Academy"

COMPLAINT:

"1. 100% Job Guaranteed 2. India’s First And Finest 3d Architectural Animation Academy"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objections raised in the complaint. 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 for this complaint. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claim, “100% Job Guaranteed”, was not substantiated with authentic supporting data such as detailed list of students who have been placed through their Institute, their enrolment forms and appointment letters received by the students, nor any independent audit or verification certificate. Claim, “India’s First And Finest 3d Architectural Animation Academy”, was not substantiated with verifiable comparative data versus other similar institutes in the same category or any third party validation or research to prove this claim. Also, the claims 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:"Subhas Bose Institute of Hotel Management"
PRODUCT:

COMPLAINT:

“100% International or National placement Guaranteed”

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objection raised in the complaint. 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 for this complaint. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claim, “100% International or National placement Guaranteed”, was not substantiated with authentic supporting data such as detailed list of students who have been placed through their Institute, their enrolment forms and appointment letters received by the students, nor any independent audit or verification certificate. Also, the claim is 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:"Laxmi Film Laboratory & Studio Pvt. Ltd."
PRODUCT:"Laxmi Film & TV Acting Academy"

COMPLAINT:

“100% Placement Guarantee in short films”

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objection raised in the complaint. 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 for this complaint. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claim, “100% Placement Guarantee in short films”, was not substantiated with verifiable supporting data. The claim is misleading by implication that the institute is providing permanent jobs. 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:"Engineer’s Circle"
PRODUCT:

COMPLAINT:

"1. India's Most Trusted Institute For GATE/IES / PSUs / SSC-JE 2. Get Upto 100% Scholarship"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objections raised in the complaint. 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 for this complaint. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claim, “India's Most Trusted Institute For GATE/IES / PSUs / SSC-JE”, was not substantiated with comparative data versus other similar institutes in the same category, nor any independent audit or verification certificate. Claim, “Get Upto 100% Scholarship”, was not substantiated with authentic supporting data such as evidence of 100% scholarships availed by their students. Also, the claims are misleading by exaggeration and ambiguity regarding the total number of scholarships being offered. 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:"Wave Global Educational Services Pvt Ltd (WAVE)"
PRODUCT:

COMPLAINT:

"Upto 100% Scholarship"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objection raised in the complaint. 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 for this complaint. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claim, “Upto 100% Scholarship”, was not substantiated with authentic supporting data such as evidence of 100% scholarships availed by their students, and is misleading by exaggeration and ambiguity regarding the total number of scholarships being offered. 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:"RJR Hospitals "
PRODUCT:

COMPLAINT:

"1. Natural Treatment of Psoriasis through Herbal Treatment. 2. We cure by herbal medicines, primary stage Psoriasis disease is cured in 3 months and age old Psoriasis disease and patients with less immunity is cured within 6 months. 3. Thousands of patients have been cured and living without any diseases. 4. Patients who have experienced pain of Psoriasis disease will get cured and can now live with self-confidence."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objections raised in the complaint. 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 for this complaint. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claims, “Natural Treatment of Psoriasis through Herbal Treatment”, “We cure by herbal medicines, primary stage Psoriasis disease is cured in 3 months and age old Psoriasis disease and patients with less immunity is cured within 6 months”, and “Thousands of patients have been cured and living without any diseases”, were not substantiated with supporting clinical evidence, and are misleading by gross exaggeration. The claim, “Patients who have experienced pain of Psoriasis disease will get cured”…… is misleading by exaggeration. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Bengali Dawakhana "
PRODUCT:

COMPLAINT:

“Quit alcohol without bringing (patient) and without consultation”

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objection raised in the complaint. 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 for this complaint. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claim, “Quit alcohol without bringing (patient) and without consultation”, was not substantiated with any supporting clinical evidence, and is grossly misleading by exaggeration. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"RJR Hospitals "
PRODUCT:

COMPLAINT:

“We provide treatment for persistent cold caused due to adverse effects on our respiratory organs like lungs & sinus cavities, frequent sneezing, running nose, growth of polyps, nose blockage, headache, allergy like breathlessness, asthma, sinus, through our herbal juice treatment. Once you have taken this treatment, you need not take any medicines for this disease throughout your life and live healthy.”

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objections raised in the complaint. 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 for this complaint. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claims, “We provide treatment for persistent cold caused due to adverse effects on our respiratory organs like lungs & sinus cavities, frequent sneezing, running nose, growth of polyps, nose blockage, headache, allergy like breathlessness, asthma, sinus, through our herbal juice treatment”, were not substantiated with supporting clinical evidence, and are misleading by gross exaggeration. Claim, “Once you have taken this treatment, you need not take any medicines for this disease throughout your life and live healthy”, is misleading by exaggeration. As for the claims related to treatment for asthma, the advertisement is in Breach of the law as it violated Schedule J (item 7) of The Drugs and Cosmetic Act, 1940 and Rules, 1945. The advertisement contravened Chapters I.1, I.4 and III.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"SBL Pvt Ltd "
PRODUCT:"Sbl Diaboherb Oral Liquid"

COMPLAINT:

"1. Keep Blood Sugar in check 2. The most potent way to combat - Polydipsia (Excessive Thrist) - Polyuria (Frequent Urination) - Polyphagia (Excessive hunger/Increased Appetite) - Involuntary Weight Loss"

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. Advertiser states that Diaboherb does not claim to cure diabetes but helps in combating the symptoms (Polydipsia, polyphagia, polyuria and weight loss). Advertisement is also to bring about public awareness to have their blood sugar checked. As claim support data, the advertiser provided a clinical study published in International Journal of Medicinal Plants and Natural Products. The CCC viewed the print advertisement and considered the Advertiser’s Response. On reviewing the data, the CCC noted that the product appears to be a homeopathy medicine as the advertisement has a prominent reference of “World Class Homeopathy”. However, the Advertiser did not provide any product composition details and license copy of the product. The clinical study submitted has reference to Daiboherb as “Herbal Health supplement” and there is no correlation proven between the advertised products and the products referred in the clinical study. The CCC concluded that the claims, “Keep Blood Sugar in check”, “The most potent way to combat - Polydipsia (Excessive Thirst) - Polyuria (Frequent Urination) - Polyphagia (Excessive hunger/Increased Appetite) - Involuntary Weight Loss”, were inadequately substantiated, and are misleading by gross exaggeration. Also, the claim, “The most potent way to combat”, was not substantiated with supporting comparative data to prove that their product is better than others. In the context of the overall advertisement, the CCC did not agree with the advertiser’s contention that “Keep blood sugar in check” is a consumer awareness message and considered this to be misleading by ambiguity and implication. The advertisement contravened Chapters I.1 and I.4 of the Code. The complaint was UPHELD.""

 

COMPANY:"Mother Dairy Fruit & Vegetable Pvt Ltd"
PRODUCT:"Dhara Refined Vegetable Oil"

COMPLAINT:

"“Blood pressure# se keh do kachodi se mera yarana 28 saal purana hai” “Heart Friendly”, “Low Absorption Oil”, “Vitamin A & D2”, “Goodness of Omega 3”"

NATURE OF COMPLAINT:

"Company in engaged in unfair trade practices for the purpose of promoting sale, supply, use and consumption by falsely representing the Dhara Refined Vegetable Oil of particular standard, quality, usefulness which are not adequately/ scientifically substantiated the and hence not only contravening and violating ASCIs Code & provisions of Food Safety & Standard Act but also giving misleading public guarantee of the efficacy and its effect in controlling/taking care of various diseases without any scientific justification 1. The advertisement highlights-Blood pressure se keh do kachodi se mera yarana 28 saal purana hai From the information given hereinabove, it is difficult to ascertain the means by which the Oil can keep the blood pressure in control; the quantity of oil to be used for frying kachodi and the number of times a person can have kachodi in a week or can it be consumed on daily basis. The All descriptions, claims and comparisons which relate to matters of objectively ascertainable fact should be capable of substantiation. The advertising claims expressly stated should be based on or supported by independent research or assessment, the source and date of this should be indicated in the advertisement. The advertisement contravenes Chapters I.1.1 and I.1.2 of the Code. 2. The mark # indicates some information in extremely small print not readable with naked eye and when a magnifying glass is used it can be read as #fats & oils have significant role on health. Combination of oils is essential for balanced diet. Moderate consumption (based on FDA ICMR 2010) of oil with regular physical exercise and healthy diet is a prerequisite for good health The claim fails to specify the oils to be combined, the quantity of the oils for the balanced height and further relies on 7 years old report. The company fails to specify how they have come to conclusion that the fats & oils have significant role on health report. The advertiser fails to explain as how and in what aspects fats and oils play significant role on health. It is also not clear what sort of study has been conducted by the advertiser to make this type of claim. Is this claim applicable on all the people. 3. The advertisement highlights: Heart Friendly Low absorption oil Vitamin A & D2 Goodness of Omega 3 The advertising claims stated hereinabove should be based on or supported by independent research or scientific study, the source and date of this should be indicated in the advertisement. The advertisement produces the distorted facts which can mislead the consumer by means of implications or omissions. It contains statements and visual presentation which creates ambiguity likely to mislead the consumer about the product advertised. From the above claims, it is not clear whether any clinical study has been conducted or not. It is also not disclosed how the goodness and friendliness of the stated nutrients have been arrived at. Also these claims are unsupported from actual proofs. It has not been clarified as to how the Oil is heart friendly, by what means the oil is low absorbing, how does the availability of Vitamin A & D2 and Omega 3 in the Oil help the humans when consumed even after being heated at very high temperature. It is also not clear whether any study has been conducted on heart patients before coming to conclusion that the oil is heart friendly."

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 published abstract on Cooking oils heart health, ICMR Guidance on Dietary fats, and Study on effect of DMPS on frying performance of refined mustard oil and a copy of the product pack of Rapeseed Oil. Advertiser did not provide copy of analysis report for vitamin content from Farelab. The claim support data was reviewed by the technical expert of ASCI. The CCC viewed the Ad – promotional material and considered the Advertiser’s response as well as the opinion of the Technical expert presented at the meeting. The CCC concluded that - Claim, “Blood pressure se keh do kachodi se mera yarana 28 saal purana hai” – In the context of the advertisement, statements “pyaar kiya toh darna kya” and “Blood pressure se keh do kachodi se mera yarana 28 saal purana hai”, was considered to be misleading by ambiguity. A person suffering from blood pressure is required to exercise caution while eating fried items and the advertisement implies that such a person need not worry about blood pressure while eating food items fried in the product being promoted. The headline is also inconsistent with the disclaimers provided in the advertisement. The disclaimer suggests use of “combination of oils” as well. There are no study reports to prove how Dhara Refined Rapeseed oil is beneficial for a diet consisting of fried food items such as Kachodi. The CCC concluded that the advertised claim, “Blood pressure se keh do kachodi se mera yarana 28 saal purana hai”, was inadequately substantiated and is encouraging excessive consumption of fried food implying no impact on blood pressure which may not be advisable from health point of view. The Ad – promotional material contravened Chapters I.1, I.4 of the ASCI Code and Clause 4 and 8 of the Guidelines on Advertising of Foods & Beverages. This complaint was UPHELD. Claim, “Heart friendly” – While the Advertiser has provided one review paper that mentions potential benefits of Rapeseed oil due to high MUFA and PUFA and low saturated fats, no clinical evidence of use of Refined Rapeseed oil in Indian population and for Indian eating habits / epidemiological study was provided. The single reference paper was not considered to be sufficient to support “Heart friendly” claim. The CCC concluded that this claim was inadequately substantiated, and is misleading. Claim, “Low absorption of oil” – The CCC noted that the frying test data provided was that of mustard oil whereas the advertised product as per packaging material artwork submitted is refined Rapeseed oil. The CCC further noted that the difference in oil absorption referred in the study of mustard oil between control and test sample is marginal and not statistically significant. The claim, “Low absorption of oil”, was inadequately substantiated, and is misleading by exaggeration. Claim, “Vitamin A and D2” – The CCC noted that while the Advertiser asserts that their products are tested by Farelab for the vitamin content, no such report has been presented by the advertiser. In absence of such data for the Rapeseed oil, the CCC concluded that the claim “Vitamin A and D2” was inadequately substantiated, and is misleading. The Ad – promotional material contravened Chapters I.1 and I.4 of the ASCI Code. These complaints were UPHELD. Claim, “Goodness of Omega 3” – The CCC noted that as Rapeseed oil (Canola oil) is known to have omega-3 fatty acid, (a tbsp. of has 1.3g as per reference quoted), the CCC did not consider this claim to be objectionable. This complaint was NOT UPHELD." "

 

COMPANY:"G L Foods"
PRODUCT:"G L Foods Range Of Product"

COMPLAINT:

"1. World's First Product. 2. Now its easy to quit tobacco......... 3. Herbal Gotkha which is made by pure herbs."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The advertiser was granted an extension of five days to the standard lead time of seven days to submit their reply in response to their request for extension. The advertiser representatives did not seek a personal hearing and also did not submit their written response by the extended due date. Advertiser did not provide Product composition details and the FSSAI license for the same. The CCC viewed the print advertisement. In the absence of claim support data, the CCC concluded that the claims, “Now its easy to quit tobacco.........”, “Herbal Gotkha which is made by pure herbs”, were not substantiated, and are misleading by exaggeration. The claim, “World's First Product”, was not substantiated with any verifiable comparative data versus other similar products in the same category, and is misleading. The advertisement contravened Chapters I.1 and I.4 of the Code. The complaint was UPHELD."

 

COMPANY:"PNB MetLife India Insurance Company Limited"
PRODUCT:"MetLife Guaranteed Income Plan"

COMPLAINT:

"The attached brochure and calls from PNB employees claim a 13 pct return. It is actually 4.79 pct internal rate of return. This is misleading and can fool public into investing in a scheme that pays less than the FD rates. Thank you for taking notice of my complaint. The 4.79% is derived using the Excel IRR formula using the payments and amounts received every year. Below is pasted the appropriate cells from Excel. I had attached the document sent by the PNB employee followed by a number of calls to sell the product. Please let me know if you require any additional information...regards. 50000 50000 50000 50000 50000 50000 50000 50000 50000 50000 -59584 -59584 -59584 -59584 -59584 -59584 -59584 -59584 -59584 -311669 Formula used: ""=IRR(a3:t3)"" 4.7891559% Attached is the electronic flyer that was emailed to me by PNB staff. Additionally if you'd like, I can also forward you the email received with this attachment. The underlying issue is that the flyer states an assured return of 11 - 13% and the PNB staff sell it as an assured 13% return. Percentage is commonly understood as annualised. Allowing organisation to take liberty and claim a percentage return over a period other than annual is misleading - unless of course the explicitly state that the claimed return is over x years etc."

NATURE OF COMPLAINT:

Recommendation: NOT UPHELD

"The Advertiser was provided an opportunity to discuss their submission via telecom. Advertiser states that the product highlighted in the Brochure is a guaranteed benefit product which provides Guaranteed Income Benefit and Guaranteed Maturity Benefit as a percentage of Sum Assured, where the percentage varies based on the policy term that will be opted by the customer. The policy premium is derived on the basis of chosen Sum Assured, age of the Life Assured and policy term. As claim support data, the advertiser provided benefit illustration of the insurance plan, the product brochure of the insurance plan, and a snapshot of their filing of this sales material with IRDAI. The claim support data was reviewed by the technical expert of ASCI. The CCC viewed the Ad – Brochure and considered the Advertiser’s response as well as the opinion of the Technical expert presented at the meeting. The CCC noted that the brochure example clearly shows that the guaranteed income benefit is after the investment phase and stated as “11%-13% of sum assured”. Insurance product buyer should know that it is not a FD product. The CCC concluded that the claim, “Guaranteed Income Benefit – 11% to 13% of Sum Assured”, was substantiated and is not in contravention of the ASCI code. The complaint was NOT UPHELD."

 

COMPANY:"Chaturbhuj Pharmaceutical Company "
PRODUCT:"Right Sugar Tablet"

COMPLAINT:

“Madhumeh(Sugar) praband ki dava Right Sugar Tablet ka nirman Chaturbhuj Pharmaceutical Company dyara kiya ja raha hai jo ki aab sarvasulabh hai”

NATURE OF COMPLAINT:

Recommendation: UPHELD

""Diabetes Item no. 9 – DMR Act Item no. 14- Schedule J""

 

COMPANY:"Arabindo Sch Of Perf Eye Sight "
PRODUCT:

COMPLAINT:

"Claims that without the help of spectacles and medicines and through simple exercise you can improve vision/eye sight problem with the help of Arabindo School for Perfect Eyesight. Also claims to give permanent solution for all eye problems. Perfect eyesight"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Diseases and disorders of the optical system Item no. 11- DMR Act"

 

COMPANY:"Shanshah-E-Azam Capsule"
PRODUCT:

COMPLAINT:

"1. Shanshah-E-Azam - An ayurvedic recipe from which you feel wonderful experience of masculine power by regular use. Best medicine for lack of sperm & impotence. It also removes penis dysfunction & lack of sex desire. Get back youthfulness & vigour in any age. 2. The product packaging, read in conjunction with the claims objected to implies that the product is meant for enhancement of sexual pleasure."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Maintenance or improvement of the capacity of the human being for sexual pleasure – Item no. 36 – Schedule J"

 

COMPANY:"Shubham Homeo Clinic"
PRODUCT:

COMPLAINT:

"1. Permanent treatment of Piles, Fistula without operation. 2. Permanent treatment is possible even after unsuccessful operation"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Piles and Fistulae Item no. 42- Schedule J"

 

COMPANY:"Vaishnavi Charitable Trust "
PRODUCT:

COMPLAINT:

"Vaishnavi Charitable Trust - Successful Treatment For Gallbladder Stone Through herbal medicine without operation for Kidney stones, Urinary bladder stones."

NATURE OF COMPLAINT:

Recommendation: UPHELD

""Kidney Stones- Item no. 22- DMR Act Item no. 50- Schedule J""

 

COMPANY:"Rana Dispensary"
PRODUCT:

COMPLAINT:

"1. Experience the joy of married life, leave hesitation and shyness 2. Consult for all kind of venereal diseases in men and women, Treatment of childless couples. 3. SUCCESSFUL TREATMENT of every kind of veneral diseases like discharge, masculine weakness, impotence, premature ejaculation, nightfall"

NATURE OF COMPLAINT:

Recommendation: UPHELD

""Venereal diseases including syphilis, gonorrhea, soft chancre, venereal granuloma and lymphogranuloma- Item no. 54- DMR Act Premature Ejaculation - Item no- 47- Schedule J Sexual Impotence- Item no. 45- DMR Act Item no. 47 – Schedule J""

 

COMPANY:"Phyto X-Tra Power"
PRODUCT:

COMPLAINT:

"1. For happy married life with your lovely partner use PHYTO X -TRA POWER CAPSULES. 2. After using this PHYTO X -TRA POWER CAPSULES happy married life with partner 3. Benefits -Increases the sperm count and quality. - Enhances strong virility, orgasm and encourages lust. - Helpful for complete feel of a married life. - Helps to prevent infertility. 4. The visuals in the Ad, Product Name, Product packaging and Testimonials read in conjunction with the claims objected to implies that the product is meant for enhancement of sexual pleasure."

NATURE OF COMPLAINT:

Recommendation: UPHELD

""Maintenance or improvement of the capacity of the human being for sexual pleasure – Item no. 36 – Schedule J Premature Ejaculation - Item no- 47- Schedule J""

 

COMPANY:"Sarpal Homeohall"
PRODUCT:"Dr. Puneet Sarpal Homeopath "

COMPLAINT:

"Treatment of stone without operation. Advertisement implies cure."

NATURE OF COMPLAINT:

Recommendation: UPHELD

""Kidney Stones- Item no. 22- DMR Act Item no. 50- Schedule J""

 

COMPANY:"B K Stone & Urology Clinic"
PRODUCT:

COMPLAINT:

"1. The complete treatment for Haemorrhoids, piles. 2. Permanent treatment for piles khuni or badi without operation."

NATURE OF COMPLAINT:

Recommendation: UPHELD

""Piles and Fistulae Item no. 42- Schedule J""

 

COMPANY:"Dr Guptas Clinic"
PRODUCT:

COMPLAINT:

"V1. Fill life with vigour... 2. Get treatment for infertility, sexual dysfunction, Haemorrhoids, arthritis pain and stay with vigour and enthusiasm."

NATURE OF COMPLAINT:

Recommendation: UPHELD

""Maintenance or improvement of the capacity of the human being for sexual pleasure – Item no. 36 – Schedule J Sterility in women- Item no 48- DMR Act Rheumatoid Arthritis Item no. 43 – DMR Act""

 

COMPANY:"Heart & Health Care"
PRODUCT:"Dr Dhillons Clinic"

COMPLAINT:

"1. Freedom from heart blockage and diabetes. 2. Enhance vigour and strength before or after marriage. 3. Successful treatment for masculine weakness, premature ejaculation, less sperm, semen disease, and undeveloped organs."

NATURE OF COMPLAINT:

Recommendation: UPHELD

""Venereal diseases including syphilis, gonorrhea, soft chancre, venereal granuloma and lymphogranuloma- Item no. 54- DMR Act Premature Ejaculation - Item no- 47- Schedule J Sexual Impotence- Item no. 45- DMR Act Item no. 47 – Schedule J""

 

COMPANY:"The Ano-Rectal Clinic"
PRODUCT:

COMPLAINT:

"1. Successful Treatment of Piles, Fistula & Other anus related diseases. 2. First time in Uttar Pradesh successful treatment of Piles, Fistula and other diseases of anus by laser method. 2. First time in Uttar Pradesh successful treatment of Piles, Fistula and other diseases of anus by laser method."

NATURE OF COMPLAINT:

Recommendation: UPHELD

""Piles and Fistulae Item no. 42- Schedule J""

 

COMPANY:"Meghdoot Gramudyog"
PRODUCT:

COMPLAINT:

"1. Control sugar easily with madhushunya churna ayurvedic medicines 2. Controls heart debility 3. Product name implies cure from diabetes"

NATURE OF COMPLAINT:

Recommendation: UPHELD

""Heart Diseases Item no. 26- DMR Act Diabetes- Item no. 9 – DMR Act Item no. 14- Schedule J""

 

COMPANY:"Shree Hari Clinic"
PRODUCT:

COMPLAINT:

"Get healthy without operation! Sure treatment is there in ayurvedic for stones, piles, tumor and heart diseases."

NATURE OF COMPLAINT:

Recommendation: UPHELD

""Kidney Stones- Item no. 22- DMR Act Item no. 50- Schedule J Piles and Fistulae Item no. 42- Schedule J Tumours- Item no. 51- DMR Act Cancer and benign tumours- Item no. 8 – Schedule J Heart Diseases Item no. 26- DMR Act""

 

COMPANY:"Izda Healthcare"
PRODUCT:"Depforce"

COMPLAINT:

"The visual in the Ad, and the Product packaging read in conjunction with the claims in the advertisement implies that the product is meant for enhancement of sexual pleasure."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The visual in the Ad, and the Product packaging read in conjunction with the claims in the advertisement implies that the product is meant for enhancement of sexual pleasure."

 

COMPANY:"Khandelwal Accupresure Health Care System"
PRODUCT:

COMPLAINT:

"1. Oxygen & Blood Circulation Massager - - Regulates Blood Sugar.- Relief in Knees & Arthritis. 2. Successful treatment of curable, incurable diseases is available with acupressure, magnet method."

NATURE OF COMPLAINT:

Recommendation: UPHELD

""Rheumatoid Arthritis Item no. 43 – DMR Act Diabetes- Item no. 9 – DMR Act Item no. 14- Schedule J""

 

COMPANY:"Sardar Ji Skin Cure"
PRODUCT:

COMPLAINT:

"1.Remove white spot with cosmetic colour. Claims imply cure from white spots 2. - get rid of White spots with laser 3. The before and after Visuals in the ad appear to be misleading"

NATURE OF COMPLAINT:

Recommendation: UPHELD

""Leucoderma Item no. 33- DMR Act Item no. 35- Schedule J""

 

COMPANY:"Sriji Ayurved Shakti "
PRODUCT:

COMPLAINT:

"Treatment of incurable diseases through ayurvedic method: - Blood Pressure - Obesity - Arthritis"

NATURE OF COMPLAINT:

Recommendation: UPHELD

""High/ Low Blood Pressure Item no. 27- DMR Act Item no. 25- Schedule J Obesity Item no-38-DMR Act Item no. 39-Schedule J Rheumatoid Arthritis Item no. 43 – DMR Act""

 

COMPANY:"Sivaraj Siddha Vaithiyasalai "
PRODUCT:

COMPLAINT:

"Only treatment which involves curing through real herbal medicines , all problems related to sex for all men, women both married and unmarried and childlessness"

NATURE OF COMPLAINT:

Recommendation: UPHELD

""Sterility in women Item no. 48 – DMR Act Maintenance or improvement of the capacity of the human being for sexual pleasure – Item no. 36 – Schedule J""

 

COMPANY:"Dr Batras Positive Heath Clinic "
PRODUCT:"Dr Batras Homeopathic Clinic "

COMPLAINT:

"Multiple Ailments. One Solution. White spots. Claim implies cure of White spots"

NATURE OF COMPLAINT:

Recommendation: UPHELD

""Leucoderma Item no. 33- DMR Act Item no. 35- Schedule J""

 

COMPANY:"Shree Maruti Herbal"
PRODUCT:"Stay-On Oral Liquid"

COMPLAINT:

"The visuals in the Ad, read in conjunction with the claims in the advertisement implies that the product is meant for enhancement of sexual pleasure."

NATURE OF COMPLAINT:

Recommendation: UPHELD

""Maintenance or improvement of the capacity of the human being for sexual pleasure – Item no. 36 – Schedule J""

 

COMPANY:"Shree Maruti Herbal"
PRODUCT:"Stay On Power Capsule"

COMPLAINT:

"1. Lakhs together people have started their lives again with the same energy and gusto with their life partners 2. The visuals in the Ad and product packaging, read in conjunction with the claim objected to implies that the product is meant for enhancement of sexual pleasure."

NATURE OF COMPLAINT:

Recommendation: UPHELD

""Maintenance or improvement of the capacity of the human being for sexual pleasure – Item no. 36 – Schedule J""

 

COMPANY:"Rajnish Hot Deals Pvt Ltd "
PRODUCT:

COMPLAINT:

"The visual in the Ad and, read in conjunction with the claims in the advertisement implies that the product is meant for enhancement of sexual pleasure."

NATURE OF COMPLAINT:

Recommendation: UPHELD

""Maintenance or improvement of the capacity of the human being for sexual pleasure – Item no. 36 – Schedule J""

 

COMPANY:"Rajnish Hot Deals Pvt Ltd "
PRODUCT:"Playwin Plus Capsules"

COMPLAINT:

"The visual in the Ad and, read in conjunction with the claims in the advertisement implies that the product is meant for enhancement of sexual pleasure."

NATURE OF COMPLAINT:

Recommendation: UPHELD

""Maintenance or improvement of the capacity of the human being for sexual pleasure – Item no. 36 – Schedule J""

 

COMPANY:"TV 18 BROADCAST LIMITED "
PRODUCT:"CNBC TV 18"

COMPLAINT:

"Fast Track complaint against the Print Ad (appeared in Hindustan Times(*), Business Standard(*)), TV Promos and Ad - Hoarding of “TV 18 Broadcast Ltd – CNBC TV18”, from Times Network. As per the complaint, “CNBC in light of the published BARC Data for Week 5, and, in particular, in relation to the 'Budget Day' (1st February., 2017) (being a Single Event), CNBC has published and circulated advertisements claiming 86 viewership of its channel in 'All India' market. TV 18 has indulged in placing its channel CNBC on two or more Local Channel Numbers (""LCNs"") on the same network by making it available on its group regional channels like Colors & ETV, especially in the territories of Bengaluru, Kolkata and 1 Mn+ towns of Madhya Pradesh, Rajasthan, PHCHP and Gujarat. We have evidence to this effect by way of video recordings and this fact can also be easily corroborated in two ways, one, as these regional channels saw a drop in their reach (viewership reach), and, secondly, in contrast the unprecedented rise of CNBC's reach in these regional markets on budget day. Such action by CNBC has resulted in the rating system of BARC, showing incorrect and misleading ratings, which was a result of CNBC being run on parallel LCNs on various Networks. Therefore, effectively, this has culminated in not just an addition to the regular and normal rating of CNBC, but, also duplication and multiplication of the ratings gathered from such regional channels on which CNBC was telecast. Due to this, we can see a sharp and unnatural spike and upward spiral in this CNBC's ratings for the said week and, as said, in particular the 'Budget Day’. TV 18 has blatantly undermined BARC’s sanctity and relevance of its data, and hence, we have flagged this appalling issue with BARC.”"

NATURE OF COMPLAINT:

Recommendation: NOT UPHELD

""The Complainant as well as the Advertiser’s representatives were given a personal hearing with the Technical Expert and the ASCI Secretary General to present their case. The details of the complaint and the advertiser’s response was taken into consideration. The FTCC viewed the Print advertisements, hoardings and the TV promo and noted the Advertiser’s response. FTCC noted that CNBC TV 18 has used BARC Data for Week 5, and, in particular, in relation to the 'Budget Day' (1st February 2017) (being a Single Event), to claim 86% viewership of its channel in 'All India' market. The data submitted by the advertiser is substantiated from Impression numbers as well as on the basis of reach. The complainant has objected that the advertiser has placed its channel on two or more local channels numbers on the same network by making it available on its group regional channels like Colours and ETV in some geographies. FTCC did not consider this to be in violation of the BARC guidelines as the leadership was arrived at on the basis of reach as well as impressions numbers. Based on the above, the FTCC did not consider the claim of “86% viewership” claim to be objectionable. This complaint was NOT UPHELD.""

 
 

 

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