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Advertising with a Conscience

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CCC Recommendations
 

COMPANY:"Hamilton Housewares Pvt. Ltd"
PRODUCT:"Milton Steel Casserole"

COMPLAINT:

“"1. Heat the food for 4 seconds and keeps the food hot for 4 hours. 2. World’s No.1 Micro Wow Steel Casserole."”

NATURE OF COMPLAINT:

"1. Reference to claim 1, in any microwave its not possible to heat the food in 4 seconds, then how is the product claiming that the food has to be heated only for 4 seconds to keep the food hot for 4 hours. Please provide claim support data for this. 2. Kindly substantiate claim 2 with source and year based on which claim is made. According to us, the advertisement contravenes Chapter 1.1 and 1.4 of ASCI Code. Action to be taken: We propose that the advertisement should be immediately withdrawn..” The Advertiser acknowledge ASCI by forwarding ASCI complaint letter to concerned team as their office."

Recommendation: NOT UPHELD

""The ASCI approached the advertiser for their response in addressing the grievances of the complainant. However, in the absence of response prior to the due date, the matter was examined by the CCC on the basis of the material available and an exparte decision was taken. On receiving the Request for Confirmation of Compliance, the advertiser regretted the delay in replying to ASCI’s earlier communication requesting for comments on the complaint, and subsequently submitted their response and requested for re-examination of the CCC recommendation. Advertiser informed that they had already suspended the said TVC pending re-examination, and also assured to comply with the re-examination recommendation. Further, on the advertiser’s request, their representatives were given personal hearing by ASCI. Advertiser in their response stated that the TVC demonstrates the product feature that it can be put in a microwave for heating food, which in turn, significantly enhances the usability of the product. The claim of their product being the World’s 1st Microwow Steel Casserole, is made on the basis that the advertiser could not find any mention of such a product anywhere in the world prior to the launch of their product. They have applied for patent on technology in their patent application for the product, which is under consideration. The advertiser also informed that the claim does not state 4 seconds as mentioned in the complaint but reads as “Heat for 4 minutes and keep the food hot for 4 hours” was made basis an in-house technical test report for the product. As claim support data, the advertiser provided a copy of the India Mark Design Award and the Good Design Award received by them, Heat Retention Report, product demonstration video, the protocol for BSEN 15284, and product sample. 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 Technical expert presented at the meeting. The CCC observed that the complainant had wrongly quoted the claim as “Heat the food for 4 seconds”, whereas the TVC claims, “Heat ….. for 4 minutes” (Char minute garam karo). This complaint was therefore not valid. Furthermore, based on the advertiser’s response with the technical data provided, and in the absence of any data contrary to advertiser’s submission, the CCC concluded that the claim was substantiated. Claim: “Duniya ka 1st Micro Wow Steel Casserole” (World’s No.1 Micro Wow Steel Casserole) – In response to this claim, the advertiser states that as per their knowledge and patent searches, they are the first company to launch metallic microwave utensil in the world. Based on the advertiser’s response and in the absence of any data contrary to advertiser’s submission, the CCC concluded that this claim was not objectionable. The complaint is Not Upheld on Re-examination." "

COMPANY:"DFM Foods Limited"
PRODUCT:"Crax "

COMPLAINT:

""“Its an adv. On disney channel, the adv. Of Crax curls Starts with ""ladki kaisi chahiye"" by a pandit. The reply from family in adv. Is ""soft, ek dum smooth, masaledaar. I found this adv. Inappropriate as it comes on Disney channel watched by kids and the wording, content and expressions are not good. I understand the adv. Is of snacks but how it is related to the content of the adv. Is unacceptable. As the the pqndit asks ladki kaisi chahiye and reply are soft,masaledaar, smooth, which are incorrectly placed in the adv”" "

NATURE OF COMPLAINT:

Recommendation: NOT UPHELD

""The ASCI had approached the advertiser for their response in addressing the grievances of the complainant and forwarded the details of the complaint, verbatim, to the advertiser with a request to respond to the same. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat which they did not avail, but submitted their written response. The advertiser had stated in their response that the TVC has been created to communicate in an entertaining and memorable way the unique selling points of Crax Curls. Upon carefully viewing the TVC, examining the complaint and the response given by the advertiser, the CCC observed that the TVC is focussed on food and the words used in the TVC “soft, ekdum smooth …… masaledar” refers to the product and highlights the product features in a light hearted manner. In the context of the advertisement where expectations of the bride are being discussed and the protagonist is referring to the advertised food product , the CCC concluded that the TVC is not likely to cause grave and widespread offence. The complaint was NOT UPHELD." "

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

COMPLAINT:

“"1. Reduce up to 6 inches within short period (stomach, sides, thighs, hips...) without exercise, pills, side effects and without surgery. 2. Removes stretch marks. (Visuals in the ad appears to be misleading)" ”

NATURE OF COMPLAINT:

Recommendation: UPHELD

""The ASCI had 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 which they did not avail, but submitted their written response. They were also provided with an opportunity to discuss their submission via telecon. The advertiser had stated in their response that the treatment given by them are customized as it is only external and in combination with a healthy lifestyle and a balanced diet. The treatment includes a physiotherapy massage with well trained professional measures by analyzing the patient’s problematic area and helping them to remove the toxins through the lymphatic drainage. As the advertiser had assured that the said advertisement had been discontinued, they were offered the option of Informal Resolution (IR) of complaint. However, since the advertiser did not fulfill the pre-requisites by confirming compliance within the stipulated period, the complaint was processed for CCC deliberations. Upon carefully viewing the print advertisement, examining the complaint, and the response given by the advertiser, the CCC observed that the advertiser’s response has only assertions about the treatment offered by them. Advertiser did not provide any treatment efficacy data based on rigorous trial on statistically significant number of patients for the quantitative inch loss claims or stretch mark removal. In the absence of claim support data, the CCC concluded that the claims, “Reduce up to 6 inches within short period (stomach, sides, thighs, hips...) without exercise, pills, side effects and without surgery”, “Removes stretch marks”, were not substantiated. The claims and efficacy being depicted via visuals of before and after the treatment are misleading by gross exaggeration and exploit the consumers’ lack of knowledge and are 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:"Creative Skill Development"
PRODUCT:

COMPLAINT:

"“100% Job Assistance.”"

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 had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the print advertisement and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that while the advertiser may be providing placement assistance to their students, the use of 100% numerical is not relevant for “job assistance” claim. The use of “100%” as a descriptor in the claim is misleading by implication, and exploits the consumers’ lack of knowledge and is likely to lead to grave or widespread disappointment in the minds of consumers. The advertisement contravened Guidelines for Advertising of Educational Institutions and Programs as well as Chapters I.4 and I.5 of the ASCI Code. The complaint was UPHELD. "

 

COMPANY:"R & R Salons Private Ltd"
PRODUCT:"YLG Institute Salon Pro Slogro"

COMPLAINT:

“"1. World’s first skin care solution that slows regrowth of body hair to keep that just-waxed look for longer. 2. With the use of Slogro products, body hair is reduced, weakened and delayed in growth, making it easy and painless to remove during the next waxing session – now enjoy more hair-free days. 3. The fast absorbing formulation moisturizes, nourishes and lightens your skin, leaving it softer and smoother." ”

NATURE OF COMPLAINT:

"1. Please substantiate claim 1 with the source and year of the data based on which claim is made and claim support data. 2. Ref. to claim 2 and 3, kindly provide the clinical evidence of its efficacy. 3. Please provide evidence of approval from Regulatory Authority for marketing of the product. According to us, the advertisement contravenes Chapter 1.1 and 1.4 of ASCI code. Action to be taken: We propose that the advertisement should be immediately withdrawn"

Recommendation: UPHELD

""The ASCI had approached the advertiser for their response in addressing the grievances of the complainant and forwarded the details of the complaint, verbatim, to the advertiser with a request to respond to the same. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat which they did not avail, but submitted their written response. Advertiser stated in their response that the combination of hair retard actives along with papaya extract and the combination of skin lightening actives are consistently used in all the product formats and incorporated at the same level in all the product formulations. The products can be used singly or in combination. The clinical trial report shows results on the skin lightening benefit achieved, as assessed by the Dermatologist. The clinical study conducted with Body Lotion, and the efficacy data obtained with the use of Body Lotion is applicable to all the product formats in their Hair Retard range. The study data proved that the active combination effectively performed equally well on many body parts in reducing the growth of unwanted CONFIDENTIAL Page 8 of 32 body hair. Advertiser further stated that as the patent filing of the formulations is in progress, they are unable to disclose the details of the composition of each product. As claim support data, the advertiser provided copy of product label, copy of FDA approval, clinical study on evaluation on the efficacy and safety of YLG Institut Salon Pro Slogro 3 in1 Body Lotion for substantiation of product claims, clinical trial photos with endorsements, and Market Research Study On YLG Institut Salon Pro Slogro 3 in1 Body Lotion. 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 Technical expert presented at the meeting. The CCC observed that - Claim, “World’s first skin care solution that slows regrowth of body hair to keep that just-waxed look for longer” The CCC noted that this claim was taken up under complaint reference no. 1801-C.1939 which was Upheld by the CCC. The CCC recommendations for the same were - The CCC observed that while the advertisement shows a range of products, the advertiser submitted data pertaining to only the body lotion. Furthermore, the design of the study was considered to be flawed due to several reasons, key reasons being that it was not conducted on a statistically significant sample size and the four week duration of the study was considered to be inadequate for a study of this nature taking into consideration hair removal methods and its required frequency. Further, the CCC observed that there is no authentic and credible published literature that supports this claim on the website that the claimed ingredients i.e. gurmar, papaya and myrica cerifera leaf extracts which are part of the Deplif active system (claimed to be patented by advertisers) have hair growth retardant properties. The CCC concluded that the claims, “World's first skin care solution that slows regrowth of body hair to keep that just-waxed look for longer” and “World's first range of products with Deplif active system that retards hair regrowth and give freedom from body hair for longer”, were neither adequately substantiated, nor with any verifiable comparative data to support the claim of the advertiser’s products being the “World’s first”. The claims are misleading by gross exaggeration. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. Claim - “With the use of Slogro products, body hair is reduced, weakened and delayed in growth, making it easy and painless to remove during the next waxing session now enjoy more hair-free days” - The CCC noted that there is no conclusive evidence to support this claim of hair growth retardation and more hair free days and the clinical trial does not include anything to prove this claim. This claim was inadequately substantiated and is misleading by gross exaggeration. Claim – “The fast absorbing formulation moisturizes, nourishes and lightens your skin, leaving it softer and smoother” - The CCC noted that the study has not included any objective assessment of moisturization or colour of skin. While the claim related to fast absorbing formula, moisturization and softness or smoothness of skin were not considered to be objectionable, the claim of “lightens your skin” was inadequately substantiated and is misleading. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD." ."

 

COMPANY:"Unicharm India Private Limited"
PRODUCT:"Sofy Antibacteria Overnight"

COMPLAINT:

“"1. Green sheet for bacteria protection. 2. Overnight, sleep peacefully all night with no worry about hygiene. 3. Anti Bacteria 99.9%" ”.

NATURE OF COMPLAINT:

"1. References to claims 1 to 3, please substantiate the claims with claim support data. The claim support data should have third party validation. 2. Kindly provide the evidence of its efficacy with reference to claims 1 and 2. 3. The font size of the disclaimer is too small and not readable. According to us, the advertisement contravenes Chapter 1.1 and 1.4 of ASCI Code and ASCI guidelines for Disclaimer. Action to be taken: We propose that the advertisement should be immediately withdrawn"

Recommendation: NOT UPHELD

""The ASCI had approached the advertiser for their response in addressing the grievances of the complainant and forwarded the details of the complaint, verbatim, to the advertiser with a request to respond to the same. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat which they did not avail, but submitted their written response. The advertiser had stated in their response that a complaint of similar nature was raised in 2015 for which they had shared all the technical details from a third party lab as claim support data for Green Sheet for Bacteria protection and 99.9% bacteria protection and the complaint was Not Upheld. Further, with respect to the disclaimer not being readable, the advertiser promptly revised the size of the disclaimer. Advertiser provided a copy of the revised website banner. Subsequently, the advertiser was provided with an opportunity to discuss their submission via telecon. The CCC viewed the website advertisement and considered the advertiser’s response. The CCC referred to an earlier complaint (1506-C.405) wherein for the same product, for the objection raised against its efficacy, the advertiser had provided evidence of technical data for bacteria protection performance of their product. Based on this data, the CCC concluded that the claims, “Green sheet for bacteria protection”, “Overnight, sleep peacefully all night with no worry about hygiene”, and “Anti Bacteria 99.9%”, were not objectionable. The complaint was NOT UPHELD." "
 

COMPANY:"Great Lakes Institute of Management"
PRODUCT:Great learning

COMPLAINT:

“"1. Get certified in business analytics with personalized mentorship 2. Learn from India’s No 1. 3. Learn from World class faculty."”.

NATURE OF COMPLAINT:

"“Objections: 1. Reference to claim 1, As per ASCI Guidelines for Advertising of Educational Institutions and Programs, an advertisement offering a Degree or Diploma or Certificate which by law requires to be recognized or approved by an Authority shall have the name of that Authority specified for that particular field. 2. Reference to claim 2 and 3, please substantiate with recent independent claim support data. As per ASCI Guidelines for Advertising of Educational Institutions and Programs, advertisement shall not make claims regarding extent of the passing batch placed, highest or average compensation of the students placed, enrolment of students, admissions of students to renowned educational institutes, marks and ranking of students passed out, testimonial of topper students, institution’s or its program’s competitive ranking, size and qualification of its faculty, affiliation with a foreign institution, Institute’s infrastructure, etc. unless they are of the latest completed academic year and substantiated with evidence. According to us, the advertisement contravenes Chapter 1.1, 1.4 and ASCI code for guidelines for advertising of educational institutions and programs. Action to be taken: We propose that the advertisement should be immediately withdrawn.”"

Recommendation: UPHELD

""The ASCI had approached the advertiser for their response in addressing the grievances of the complainant and forwarded the details of the complaint, verbatim, to the advertiser with a request to respond to the same. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat which they did not avail, but submitted their written response. For the objection raised against the claim of “Get certified in business analytics with personalized mentorship”, the advertiser stated that as per Indian Regulation, programs of short duration (i.e. less than 12 months) are not regulated by anybody and program with 1 year or higher duration come under the purview of AICTE, the concerned approval body for technical higher education. Business Analytics Certificate Program (BACP) offered by Great Learning is an 8 months long certificate program and is associated with Great Lakes Institute of Management, a recognized business school. For the claims of “Learn from India’s No 1. Analytics School” and “Learn from World class faculty”, the advertiser stated that their Business Analytics and Business Intelligence program has been consistently ranked the top analytics program in India for three years in a row by Analytics India. Two of Great Learning’s faculty members, Dr. Bappaditya Mukhopadhyay and Dr. P. K. Viswanathan have been recognized among the 10 most prominent Analytics Academicians in India. Advertiser provided a source (web link) for this information, and Analytics India Rankings for 2015, 2016 and 2017. 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 Technical expert. The CCC observed that the advertiser volunteered to remove the word “certified or certification” which may be mistaken as regulated certifications. For the claim “Learn from World class faculty”, the advertiser gave details of only two individuals and on viewing the website screenshot of the photographs shown in the list of the 10 most prominent Analytics Academicians in India, it appeared that all of the them were not from Great Lakes Institute of Management. Based on this data, the CCC concluded that the claims, “Get certified in business analytics with personalized mentorship”, and “Learn from World class faculty”, were inadequately substantiated. The claims are misleading by ambiguity, exaggeration and exploit the consumers’ lack of knowledge and are likely to lead to grave or widespread disappointment in the minds of consumers. The claim “Learn from India’s No 1” was misleading by omission of reference of the source of the claim. The Facebook advertisement contravened the Guidelines for Advertising of Educational Institutions and Programs as well as Chapters I.1, I.4 and I.5 of the ASCI Code. The complaint was UPHELD." "

 

COMPANY:"GrassRoot Nutrition Pvt.Ltd"
PRODUCT:

NutriValue Aloera

COMPLAINT:

""The Advertisement of Nutri Value Aloera Aleo Vera Juice shown a testimonial by Mr. Vinayak Jaitpal who was feeling unwell and was advised an angio-graphy by a doctor. However his friend introduced him to Nutri Value Aloera Aleo Vera Juice which after a month gave him back his energy. On regular use he claims to have no health issue. The testimonial in the said advertisement is misleading as it suggest that by consuming Aloera Vera Juice he was cured.”" "

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 had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the print advertisement and CONFIDENTIAL Page 18 of 32 upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that the testimonial claims related to the treatment of health issues of the patient (Vinayak Jaitpal) who was advised angio-graphy and whose photograph was shown in the advertisement (“……. I started taking Nutrivalue’s aloe vera juice called as Aloera, and within a month my energy was back. I have been taking this regularly since then and have had no health issues.”), were not substantiated with evidence of product efficacy, and are misleading by gross exaggeration and implication that heart conditions requiring angiography can be cured with this product. The claim 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:Guiltfree Industries Limited
PRODUCT:"Too Yumm"

COMPLAINT:

“"“Description of the TVC: The TVC shows the cricketer Virat Kohli munching on Too yumm all through the commercial. Two men are shown eating vegetables whereas the cricketer is munching on the product. In the end he says Kyunki TOO YUMM sirf tasty nahi, it is filled with goodness. It’s not fried, it’s baked? Claims: 1. It’s not fried, it’s baked? 2. Cricketer Virat Kohli munching on Too yumm all through the commercial Objections 1. Please substantiate claim with claim support data. The data should not be based on internal studies or studies commissioned by Guiltfree Industries Limited. 2. Reference to claim 2. Is it advisable to consume such large quantities of packed snacks high in salt, sugar or fat throughout the day? As per ASCI guidelines on advertisements of Food and Beverages should not encourage over or excessive consumption or show inappropriately large portions of any food or beverage. It should reflect moderation in consumption and show portion sizes appropriate to the occasion or situation. 3. The cricketer Virat Kohli features in the advertisement. As per the ASCI Guidelines for Celebrities in Advertising, a Celebrity should do due diligence to ensure that all description, claims and comparisons made in the advertisements they appear in or endorse are capable of being objectively ascertained and capable of substantiation and should not mislead or appear deceptive. The claims made by the celebrity in this advt violate this clause of the ASCI guidelines. According to us, the advertisement contravenes Chapter 1.1 and 1.4 of ASCI code and ASCI Guidelines for Celebrities in Advertising and Guidelines for Food and Beverages.”" ”

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

""The ASCI had approached the advertiser for their response in addressing the grievances of the complainant and forwarded the details of the complaint verbatim, to the advertiser with a request to respond to the same. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat which they did not avail, but submitted their written response post the due date, after receipt of ASCI reminder. Advertiser in their response stated that they presently operate on three snacks variants which are all baked and not fried. The products are approximately 30% lower in Fat content as compared to the other leading fried snack products. Makhana, one of their snack products, is the best source of calcium and iron both, rich in the amino acid index and vitamin C, which helps in maintaining good bone health, and less in fat profile. The disclaimer in the TVC appears as a part of balanced varied diet, implying that the product can be eaten in between the meals. CONFIDENTIAL Page 20 of 32 As claim support data, the advertiser submitted journal references on Makhana being a healthy snack, Nutritional information of other competitor Products, Packaging art works of three snacks variants - Chili Chataka Veggie Stix, Tandoori Foxnuts, and Butter Garlic Wheat Thins, and TVCs of some competitor products. Advertiser in their response provided a summary table showing comparison of saturated fat content and fat content difference of Too Yumm Snack Products with branded Snacks and Namkeens. 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 Technical expert presented at the meeting. The CCC observed that the TVC has a claim “It is baked, it is not fried” that holds for only three variants as per advertiser’s submission However, the TVC showed nine product variants. No data was provided by the advertiser for the other six variants featured in the TVC. The CCC concluded that the claim, “It is baked, it is not fried”, was inadequately substantiated and is misleading by ambiguity, implication and exaggeration. The claim also exploits the consumers’ lack of knowledge and is likely to lead to grave or widespread disappointment in the minds of consumers. The TVC contravened Chapters I.1, I.4 and I.5 of the ASCI Code. The CCC also observed that the Claims, “Eat Lot and Fikar Not” and “Eat anytime anywhere, as much”, showing overindulgence of the product in the TVC and with other cues such as “binging” / “khaaye thoos thoos”, was misleading by implication and exaggeration that the advertised product would not have any negative effect despite excessive consumption. The TVC also makes a reference to two gentlemen who are eating leafy vegetables and envy Virat Kohli for his body despite his indulgence in the advertised product as depicted and claimed. The CCC was of the opinion that any overindulgence adds to calories, fat calories and sodium. There was also a stark contradiction between the Claim, “Eat Lot and Fikar Not” and the disclaimer quoting “We promote responsible indulgence as a part of dietary requirement”. The CCC concluded that this contravened Chapter I.4 of the ASCI Code and Clause 4 of the ASCI Guidelines on Advertising of Food & Beverages (“Advertisements should not encourage over or excessive consumption or show inappropriately large portions of any food or beverage. It should reflect moderation in consumption and show portion sizes appropriate to the occasion or situation.”). The complaint regarding endorsement by the Celebrity (Virat Kohli) was examined by the CCC. The CCC observed that the advertiser did not submit any evidence that the celebrity is in agreement with the claims being made in the TVC. The visual of the celebrity when seen in conjunction with the claims are likely to mislead consumers regarding the product characteristics. This contravenes Clauses (c), (d) of the Guidelines for Celebrities in Advertising. The CCC did not agree that the claims could be made with contradictory disclaimers and also noted that the hold duration of the disclaimers was not in compliance with the ASCI Guidelines. The TVC contravened Clauses 1, 3 and 4(X) of ASCI Guidelines for Disclaimers. The complaint was UPHELD." "

 

COMPANY:"Ashok Clinic"
PRODUCT:<

COMPLAINT:

"Get back your sex life”

NATURE OF COMPLAINT:

Recommendation: UPHELD

""The maintenance or improvement of the capacity of human beings for sexual pleasure Section 3(b) - DMR Schedule" "

 

COMPANY:"Nurture Health Care"
PRODUCT:

Ayurex-Ndx

COMPLAINT:

“"Increase timing and excitement. Objection: The visuals in the ad when read in conjunction with the claim objected to imply that the product are meant for the enhancement of sexual pleasure." ”

NATURE OF COMPLAINT:

Recommendation: UPHELD

""The maintenance or improvement of the capacity of human beings for sexual pleasure Section 3(b) - DMR Schedule" "

 

COMPANY:"Nurture Health Care"
PRODUCT:

Ayurex-S Capsule

COMPLAINT:

“"For the extra pleasure and the magic of intimacy. Objection: The visuals in the ad when read in conjunction with the claim objected to imply that the product are meant for the enhancement of sexual pleasure."”

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The maintenance or improvement of the capacity of human beings for sexual pleasure Section 3(b) - DMR Schedule"

 

COMPANY:"Ganga Ayurvedic Clinic"
PRODUCT:

COMPLAINT:

“"Make penis long, thick and hard by using Desi formula. Objection: The visuals in the ad when read in conjunction with the claim objected to imply that the product are meant for the enhancement of sexual pleasure." ”

NATURE OF COMPLAINT:

Recommendation: UPHELD

""The maintenance or improvement of the capacity of human beings for sexual pleasure Section 3(b) - DMR Schedule" "

 

COMPANY:"Ipsa Labs Pvt Ltd"
PRODUCT:

Khel Range of Products

COMPLAINT:

“"Objection: The visual in the ad and product packaging read in conjunction with the claims objected to implies that the product are meant for the enhancement of sexual pleasure."”

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The maintenance or improvement of the capacity of human beings for sexual pleasure Section 3(b) - DMR Schedule" "
 

COMPANY:"Ipsa Labs Pvt Ltd"
PRODUCT:

Khel Range of Products

COMPLAINT:

“The visual in the ad and product packaging read in conjunction with the claims objected to implies that the product are meant for the enhancement of sexual pleasure.”

NATURE OF COMPLAINT:

Recommendation: UPHELD

""The maintenance or improvement of the capacity of human beings for sexual pleasure Section 3(b) - DMR Schedule" "

 

COMPANY:"Positive Homeopathy"
PRODUCT:

COMPLAINT:

"Get rid from diabetes problem."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Diabetes- Item no. 9, DMR Schedule"

 

COMPANY:"Positive Homeopathy"
PRODUCT:

COMPLAINT:

“Permanent relief from diabetes”

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Diabetes- Item no. 9, DMR Schedule"

 

COMPANY:"Juneja Ayurveda"
PRODUCT:Powertone Joshila

COMPLAINT:

“"Objection: The visual in the ad read in conjunction with the claims objected to implies that the product are meant for the enhancement of sexual pleasure. The advertisement provides link to website (http://www.junejaayurveda.com/male-sexual-problems/) which refers to, our treatment cures Erectile Dysfunction permanently and effectively. It strengthens the muscles of the penis and other supportive tissues. Also increases testosterone level which helps in attaining a good erection and results in an improving libido.""

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

""The maintenance or improvement of the capacity of human beings for sexual pleasure Section 3(b) - DMR Schedule" "

 

COMPANY:"Dr Balaji Ayurvedic "
PRODUCT:

Luko Kit

COMPLAINT:

“"Permanent cure for white spots (vitiligo) with “lukokit”"”

NATURE OF COMPLAINT:

Claim needs to be substantiated by the advertiser.

Recommendation: UPHELD

""Leucoderma: Item No.33 - DMR Act" "

 

COMPANY: "Luna Pharma"
PRODUCT:Jambola Liquid

COMPLAINT:

“"Kidney- Liver problem – this disease is not incurable. One can overcome with this disease Objection: Claims imply cure for kidney problems." ”

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

""Kidney Stone: Item no. 22- DMR Schedule""

 

COMPANY: "Sbs Biotech"
PRODUCT:

"More Power Capsules"

COMPLAINT:

“"Trusted medicine since 10 years for stayed development. I have had complete physical growth, after taking two capsules in the morning and evening, only for two and a half months. Objection: Claims imply product is meant for increase height / stature. I took two ayurvedic capsule More power in the morning and evening regularly for 3 months and it solved my problem of physical growth." ”

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Stature of Person Item No. 47- DMR Schedule"

 

COMPANY: "Flip Bald"
PRODUCT:

"Flipbald Health & Wellness Products"

COMPLAINT:

“"Complete treatment of serious sex problems is possible with filpbald's modern and vedik method. 100% Permanent treatment or get money back. Successful treatment for Rs 7500/-"”

NATURE OF COMPLAINT:

Recommendation: UPHELD

""The maintenance or improvement of the capacity of human beings for sexual pleasure Section 3(b) - DMR Schedule""

 

COMPANY:"Makewell Pharmacetucal"
PRODUCT:Speed Height Capsule

COMPLAINT:

“"Visual shows increase in stature of a person. The visual in the product packaging read in conjunction with the claim in the advertisement objected to imply that the product are meant for increase in height." ”

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Stature of Person Item No. 47- DMR Schedule"

 

COMPANY: "Sun Ayurveda"
PRODUCT:Surya Amrit Jivan

COMPLAINT:

“"Grow small, thin, sloppy penis 7-8 inch bigger, thick, hard and increases sex time upto 30-40 minutes. Eradicate impotence, infertility"”

NATURE OF COMPLAINT:

Recommendation: UPHELD

""The maintenance or improvement of the capacity of human beings for sexual pleasure Section 3(b) - DMR Schedule Sexual Impotence Item no. 45- DMR Schedule Infertility: Sterility in Women Item No.48- DMR Schedule""

 

COMPANY: "Flipbald Health & Wellness Products"
PRODUCT:

COMPLAINT:

"Treatment of white spot, is possible through flipbald's modern and natural treatment. End of disease from the roots."

NATURE OF COMPLAINT:

Recommendation: UPHELD

""Leucoderma: Item No.33 - DMR Act" "

 

COMPANY: "Amar Dawakhana"
PRODUCT:

COMPLAINT:

“"Get masculine strength by consuming amar course. satisfied treatment through formula prepared by old ayurvedic herbs for lack of timing in sex, weakness in any age, wet dreams."”

NATURE OF COMPLAINT:

Recommendation: UPHELD

""The maintenance or improvement of the capacity of human beings for, sexual pleasure Section 3(b) - DMR Schedule" "

 

COMPANY: "Nurture Health Care"
PRODUCT:

Ayurex-Ndx

COMPLAINT:

""Objection: The visual in the ad read in conjunction with the claims objected to implies that the product are meant for the enhancement of sexual pleasure.""

NATURE OF COMPLAINT:

Recommendation: UPHELD

""The maintenance or improvement of the capacity of human beings for sexual pleasure Section 3(b) - DMR Schedule""

 

COMPANY:"Chandan Clinic"
PRODUCT:

COMPLAINT:

“"Sex problems – End of sexual impotence. Objection: The visual in the ad read in conjunction with the claims objected to implies that the product are meant for the enhancement of sexual pleasure."”

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

""The maintenance or improvement of the capacity of human beings for sexual pleasure Section 3(b) - DMR Schedule" "

 

COMPANY:"“Divya Upchar Sansthan"
PRODUCT:

COMPLAINT:

“"Reduce obesity permanently. Freedom from all types of operation Cancer & heart disease. Kidney patient saved from dialysis. Objection: The before and after visual in the ad when read in conjunction with the claim objected to imply that the product /treatment are meant for the weight loss. The claim regarding dialysis implies cure for kidney ailments. The claims regarding cancer & heart disease implies cure for cancer & the heart disease." ”

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

""Obesity: Item No.38- DMR Act Cancer Item No.6, DMR Schedule Heart Disease : Item No.26 - DMR Schedule Kidney Stone: Item no. 22- DMR Schedule" "

 

COMPANY:"Dr Dassans Ayurvedic Centre"
PRODUCT:Dr Dassans Ayur Neuro Treat & Res Cent

COMPLAINT:

""One more paralyzed patient is saved Patient whose legs, forearms, hand and tongue is not working one year ago, is cured by Dr. Dassan's treatment. Objection: The claim objected to imply cure for paralysis." ”

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"Paralysis: Item No. 39- DMR Schedule"

 

COMPANY:"Ganga Clinic"
PRODUCT:

COMPLAINT:

"An ayurvedic cream and capsule for making penis lengthy and thick and to increase sex timing"

NATURE OF COMPLAINT:

Recommendation: UPHELD

""The maintenance or improvement of the capacity of human beings for sexual pleasure Section 3(b) - DMR Schedule" "

 

COMPANY:"Ganga Clinic"
PRODUCT:

COMPLAINT:

“"Make penis very long-thick and hard. Get rid of all types of sex problems. 50-60 minutes sex time. Objection: The visual in the ad read in conjunction with the claims objected to implies that the product are meant for the enhancement of sexual pleasure." ”

NATURE OF COMPLAINT:

Recommendation: UPHELD

""The maintenance or improvement of the capacity of human beings for sexual pleasure Section 3(b) - DMR Schedule" "

 

COMPANY:"Gurukrupa Ayurvedic Rugnalay"
PRODUCT:

COMPLAINT:

"Guaranteed treatment on chronic and incurable diseases – diabetes, kidney stone, impotence, heart disease”

NATURE OF COMPLAINT:

Recommendation: UPHELD

""Diabetes- Item no. 9, DMR Schedule Kidney Stone: Item no. 22- DMR Schedule Sexual Impotence Item no. 45- DMR Schedule Heart Disease : Item No.26 - DMR Schedule" "

 

COMPANY: "Kavish Range Of Products"
PRODUCT:

COMPLAINT:

""Get sexual pleasure every night with kavish vati. Loose penis can be eradicated from roots with kavish permanent cream.""

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

""The maintenance or improvement of the capacity of human beings for sexual pleasure Section 3(b)- DMR Schedule." "

 

COMPANY:"Krushna Polyclinic"
PRODUCT:

COMPLAINT:

""Remove obesity through pure ayurvedic guaranteed treatment. Objection: The visuals in the ad when read in conjunction with the claim objected to imply that the product / treatment are meant for the weight loss." "

NATURE OF COMPLAINT:

Recommendation: UPHELD

""Obesity: Item No.38- DMR Act" "

 

COMPANY:"Lifezen Healthcare Pvt Ltd"
PRODUCT:

"Musli Zen

COMPLAINT:

""Effective solution for disappointed couples. Objection: Visual in the ad and product packaging read in conjunction with the claims objected to implies that the product are meant for the enhancement of sexual pleasure. The advertisement provides link to website (https://www.lifezen-solution.com/) which refers to, MusliZen strives to help people overcome their sexual problems without making gimmicky claims, but rather with high quality products which, when combined with the correct lifestyle changes and the proper mind frame, really provides a long-term solution." "

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

""The maintenance or improvement of the capacity of human beings for sexual pleasure Section 3(b) - DMR Schedule" "

COMPANY: ""Naturoveda India Pvt Ltd"
PRODUCT:

Naturoveda Health World

COMPLAINT:

""Is your married life happy? Naturoveda Health World's treatment based on the unique combination of Fundamentals of Ayurveda, Potentized Unani and Therapeutic Yoga is proved to be effective. Several couples have got freedom from their sexual problem and are leading a happy married life." "

NATURE OF COMPLAINT:

Recommendation: UPHELD

""The maintenance or improvement of the capacity of human beings for sexual pleasure Section 3(b) - DMR Schedule" "

 

COMPANY: "Gaharwar Pharma Products Pvt Ltd"
PRODUCT:P V Tone Range Of Products

COMPLAINT:

""Ayurvedic formula for vim & vigour Instant pleasure Objection: The visual in the ad read in conjunction with the claims objected to implies that the product are meant for the enhancement of sexual pleasure." "

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The maintenance or improvement of the capacity of human beings for sexual pleasure Section 3(b) - DMR Schedule"

 

COMPANY: "Juneja Ayurveda"
PRODUCT:

Power Tone Joshila

COMPLAINT:

"Get vigour of 25 at the age of 55 Increases love and gives feeling of masculinity. Objection: Visual in the ad read in conjunction with the claims objected to implies that the product are meant for the enhancement of sexual pleasure.. The advertisement provides link to website (http://www.junejaayurveda.com/male-sexual-problems/) which refers to, Our treatment cures Erectile Dysfunction permanently and effectively. "

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The maintenance or improvement of the capacity of human beings for sexual pleasure Section 3(b) - DMR Schedule"

 

COMPANY:"Praveen Surana Deaf Cure Centre"
PRODUCT:

COMPLAINT:

"Cure your deafness and improve your hearing loss Deafness due to birth/ ageing/ side effects of medicine, hole in ear drum, pus, tinnitus, vass and tamra are cured accurately."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"Deafness : Item no.8- DMR Schedule"

COMPANY:"Roshan Clinic"
PRODUCT:

COMPLAINT:

"Ayurvedic treatment for Masculine weakness, wet dreams. Objection: Visual in the ad read in conjunction with the claims objected to implies that the product are meant for the enhancement of sexual pleasure. "

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The maintenance or improvement of the capacity of human beings for sexual pleasure Section 3(b) - DMR Schedule"

 

COMPANY:Roy Clinic
PRODUCT:

COMPLAINT:

"Consult for complete and permanent treatment of men/women venereal / sexual diseases. Objection: Visual in the ad read in conjunction with the claim objected to imply that the product are meant for the enhancement of sexual pleasure."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The maintenance or improvement of the capacity of human beings for sexual pleasure Section 3(b) - DMR Schedule"

 

COMPANY:"Kaalan Drugs & Remedies"
PRODUCT:Sakthi Malt

COMPLAINT:

"Source for men’s strength give power and strength to the veins and nerves which are a source to men's strength in a married life. make sexual life more powerful by increasing sexual abilities and stimulating sexual capacity."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The maintenance or improvement of the capacity of human beings for sexual pleasure Section 3(b) - DMR Schedule"

 

COMPANY:Surya Homoeo Clinic
PRODUCT:

COMPLAINT:

Permanent treatment of impotence, premature ejaculation, wet dreams, discharge and white spots, stones,

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The maintenance or improvement of the capacity of human beings for sexual pleasure Section 3(b) - DMR Schedule Kidney Stone: Item no. 22- DMR Schedule, Lucoderma- Item No.33- DMR Schedule"

 

COMPANY:Shankar Pharmacy
PRODUCT:

Ulset Plus

COMPLAINT:

“"Creates coating on stomach layers and protects from ulcers. It prevents ulcers by curing at early stage."”

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Ulcers of the gastro-intestinal tract- Item no. 53- DMR Schedule"

 

COMPANY:"Vedamarogya Ayurveda Mult Spl Hospita"
PRODUCT:

COMPLAINT:

"Get rid of diseases – obesity, diabetes problems, arthritis"

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

""Obesity: Item No.38- DMR Act Diabetes: Item No. 9- DMR Schedule, Rheumatism: Item No. 43- DMR Schedule" "

 

COMPANY:Olefia Biopharma Ltd
PRODUCT:

Votif Range Of Products

COMPLAINT:

"Lack of sexual desire , An ayurvedic medicine with extremely strong, fast, effective and permanent treatment that ordinary person can also consume Votif and bring more pleasure in married life. Objection: Visual in the ad and product packaging read in conjunction with the claims objected to implies that the product are meant for the enhancement of sexual pleasure"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The maintenance or improvement of the capacity of human beings for sexual pleasure Section 3(b) - DMR Schedule"

 

COMPANY:"IMS Learning Resources P. Ltd"
PRODUCT:

COMPLAINT:

"IMS has multiple web and print ads of their students, where my name is featured as their student, attributing my GMAT score to their tutorship. However I had never taken any GMAT classes with them. I had only taken their consulting services for college applications, after GMAT. Hi, I have been wrongly mentioned as an IMS student for my GMAT score. I didn't attend your classes for GMAT and prepared on my own. I only took consulting services briefly for school applications. Please ask them to remove my name from their brochures and site. I had attached the link and the brochure in my complaint. The link is http://www.imsindia.com/ISB/IMS-ISB-Success.html There is a table on that page with the text ""IMS success at ISB (a snapshot)"", the 10th name is mine (Rujuta Manohar). The brochure was distributed by IMS Bangalore and is attached for your reference. I have only this copy as this was sent to me by someone who thought I had done their course and wanted to know how IMS as an institute was. As mentioned in my complaint, I have never done GMAT classes with IMS, and my score is not attributed to IMS. The only service I took from them was for college applications. Also it has been 10 years since my MBA, so both web and print ads are completely misleading. I had written on their facebook page, but they have not responded."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI had approached the advertiser for their response in addressing the grievances of the complainant and forwarded the details of the complaint, verbatim, to the advertiser with a request to respond to the same. The CCC noted the complainant’s (Rutuja Manohar) grievances that she had not enrolled for any GMAT classes with the advertiser’s institute and only taken consulting services for college applications AFTER GMAT, from the advertiser’s institute. She provided a brochure titled “IMS Success at ISB” (a snapshot) wherein her name featured in the list showing her GMAT score as 730 in PGP programme. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat which they did not avail, but submitted their written response. The advertiser had stated in their response that Rujuta Manohar had enrolled with their institute in 2005. Their institute provided her admission consulting services. Subsequently, on ASCI’s request for additional data, the advertiser provided template of their enrolment forms which has a criteria - “IMS reserves the right to use your name, test scores and photograph to communicate your success” On examining the data, the CCC observed that the Advertiser did not provide details of the student’s enrollment/registration form, receipt of fees paid, etc, to prove that she was an IMS student for GMAT course nor any evidence of having sought her agreement for using her name in the advertisements. Upon carefully viewing the Ad – promotional material, examining the complaint, and the response given by the advertiser, the CCC concluded that the Ad – promotional material and the Ad – brochure claiming “Rutuja Mahohar GMAT 730”, was grossly misleading by implication that the student had taken GMAT classes and by misusing the complainant’s name. The Ad – promotional material and the Ad – brochure contravened Guidelines for Advertising of Educational Institutions and Programs as well as Chapters I.3 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Max Hypermarket India P. Ltd"
PRODUCT:Spar Republic Maha Sale

COMPLAINT:

"The Spar hyper mart gave full page advertisement in newspapers on 26th jan 2018 on prices of certain items, when one went to the store, the rates were higher, neither they apologies nor gave a correct advertisement to correct the error, hope it falls in the misleading advertisement category ....The price shown in ad for piegion 3 pcs cookware was 2295 but in store it was 2999. Pls register a complaint to this effect. Please find attached the detailed advt. that appeared in Hindustan Times on 26th Jan 2018. This was full page advt. wherein their prices were shown for many items. The said cookware was priced as INR 2295 but in store it was different. I am attaching the full page as well as close up image of the advt. for your ref. When I went to the store in Gurgaon, the rates were different and are very promptly displayed as 2999. I am also sharing an image from another retail store for the same day thus showing that competition was aloof to attract customers. There was no correction advt. nor any apology over online platforms, the store person also could not provide any reasonable explanation for it. I strongly feel this cheating with the customer and the said SPAR HyperMart be punished in accordance to the requisite rules"

NATURE OF COMPLAINT:

Recommendation: NOT UPHELD

"The ASCI had approached the advertiser for their response in addressing the grievances of the complainant and forwarded the details of the complaint, verbatim, to the advertiser with a request to respond to the same. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat which they did not avail, but submitted their written response. The advertiser stated in their response that they had released the advertisement both in Dainik Jagran and in Hindustan Times on 26th January 2018. However, due to oversight, the price of the Combi Product was incorrectly mentioned as Rs.2295/- in Hindustan Times, and in Dainik Jagran it was correctly printed as Rs.2995/- The price displayed at store was also Rs.2995/- which is the correct MRP. Upon carefully viewing the print advertisement, examining the complaint and the response given by the advertiser, the CCC observed that the price offer of `Pigeon 3 pc Granito Nonstick set’ shown as Rs. 2295/- was an inadvertent printing error, and the CCC considered this as an unintentional lapse by the advertiser in quoting the true price of the combi product. The complaint was NOT UPHELD."

 

COMPANY:Nova IVI Fertility
PRODUCT:

COMPLAINT:

“India's No.1 Fertility Chain”

NATURE OF COMPLAINT:

Claim needs to be substantiated. The source and date of research and criteria for assessment for the claim made in the advertisement is missing.

Recommendation: UPHELD

"The ASCI had 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 which they did not avail, but submitted their written response. The advertiser had stated in their response that the claim made in the advertisement was based on the certifications and awards that the advertiser has received for their excellence and contributions in the healthcare field. As claim support data, the advertiser provided copy of the certificates awarded to the advertiser’s clinic by Times Network and World Health & Wellness Congress & Awards. Upon carefully viewing the print advertisement, examining the complaint and the response given by the advertiser, the CCC observed that the World Health & Wellness Congress & Awards was presented to the advertiser’s clinic in February 2017, for being India’s No.1 Fertility Chain. Based on this data, the CCC concluded that the said claim was substantiated. However, in the advertisement this claim was qualified via disclaimer that it was “based on an award received”, which was misleading by ambiguity and omission to mention the source and date of the award. The advertisement contravened Chapters I.2 and I.4 of the ASCI Code. The disclaimer was also not correctly placed in the advertisement, and contravened Clause IV of the ASCI Guidelines for Disclaimers (“The direction of disclaimers should be along the direction of the majority of the copy such that no rotation of head or medium would be needed to read.”) The complaint was UPHELD."

 

COMPANY:Laiva Hair Oil
PRODUCT:

COMPLAINT:

“Thick black strong hair within 20 days, Stops hair fall”

NATURE OF COMPLAINT:

Recommendation: UPHELD

The ASCI approached the concerned Media (H T Media Ltd) 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, “Thick black strong hair within 20 days, Stops hair fall”, were not substantiated with product efficacy data, and are misleading by gross exaggeration. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD.

 

COMPANY:Gurukul Institute of Engineering and Technology
PRODUCT:

COMPLAINT:

“No.1 in placement in Kota”

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 had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the print advertisement and in the absence of any comments or response from the advertiser, the CCC concluded that the claim, “No.1 in placement in Kota”, was not substantiated with any verifiable comparative data of the advertiser’s institute and other similar institutes, or through a third party validation. The claim is misleading by exaggeration. The advertisement contravened the 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:Alhind Academy
PRODUCT:

COMPLAINT:

“100% Placement Assistance”

NATURE OF COMPLAINT:

1.The visual in the ad read in conjunction with the claims objected to imply that the product is meant for sexual enhancement.

Recommendation: UPHELD

"The ASCI had 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 which they did not avail, but submitted their written response. Advertiser had stated in their response that their institute only offers assistance required for the students to secure placements. Upon carefully viewing the print advertisement / TVC, examining the complaint and the response given by the advertiser, the CCC concluded that while the advertiser may be providing placement assistance to their students, the use of 100% numerical is not relevant for “placement assistance” claim. The use of “100%” as a descriptor in the claim is misleading by implication, and exploits the consumers’ lack of knowledge and is likely to lead to grave or widespread disappointment in the minds of consumers. The advertisement contravened Guidelines for Advertising of Educational Institutions and Programs as well as Chapters I.4 and I.5 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:Antica Maritime Academy
PRODUCT:

COMPLAINT:

“100% Job Assistance.”

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 had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the print advertisement and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that while the advertiser may be providing job assistance to their students, the use of 100% numerical is not relevant for “job assistance” claim. The use of “100%” as a descriptor in the claim is misleading by implication, and exploits the consumers’ lack of knowledge and is likely to lead to grave or widespread disappointment in the minds of consumers. The advertisement contravened Guidelines for Advertising of Educational Institutions and Programs as well as Chapters I.4 and I.5 of the ASCI Code. The complaint was UPHELD.
 

COMPANY:Institute Of Fire Engineering and Safety Management (NIFS)
PRODUCT:

COMPLAINT:

“100% Placement Assistance”

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 had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the print advertisement and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that while the advertiser may be providing placement assistance to their students, the use of 100% numerical is not relevant for “placement assistance” claim. The use of “100%” as a descriptor in the claim is misleading by implication, and exploits the consumers’ lack of knowledge and is likely to lead to grave or widespread disappointment in the minds of consumers. The advertisement contravened Guidelines for Advertising of Educational Institutions and Programs as well as Chapters I.4 and I.5 of the ASCI Code. The complaint was UPHELD.

 

COMPANY:National Small Industries Corporation Limited
PRODUCT:

COMPLAINT:

“100% Placement Assistance.”

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 had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the print advertisement and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that while the advertiser may be providing placement assistance to their students, the use of 100% numerical is not relevant for “placement assistance” claim. The use of “100%” as a descriptor in the claim is misleading by implication, and exploits the consumers’ lack of knowledge and is likely to lead to grave or widespread disappointment in the minds of consumers. The advertisement contravened Guidelines for Advertising of Educational Institutions and Programs as well as Chapters I.4 and I.5 of the ASCI Code. The complaint was UPHELD.

 

COMPANY:National Small Industries Corporation Limited

COMPLAINT:

“100% job Support.”

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 had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the print advertisement and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that while the advertiser may be providing job support to their students, the use of 100% numerical is not relevant for “job support” claim. The use of “100%” as a descriptor in the claim is misleading by implication, and exploits the consumers’ lack of knowledge and is likely to lead to grave or widespread disappointment in the minds of consumers. The advertisement contravened Guidelines for Advertising of Educational Institutions and Programs as well as Chapters I.4 and I.5 of the ASCI Code. The complaint was UPHELD.

 

COMPANY:Naturoveda India Pvt. Ltd. PRODUCT: Naturoveda Health World

COMPLAINT:

"“Certain complications such as sexual inadequacies, general weakness, etc can be addressed through Naturoveda's treatment” “Diseases arising from both types of Diabetes can be rectified/cured”"

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI had 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 which they did not avail, but submitted their written response. The advertiser had stated in their response that the treatment provided by Naturoveda is a synergistic combination of Ayurveda, Unani and Yoga. Medicines for Sexual Inadequacies and General Weakness is mostly classical and the formulae are given in the Ayurvedic Shashtras and Bayaz e Kabir. Advertiser further stated that as these medicines are not manufactured by them, they do not have their license copy. Upon carefully viewing the print advertisement, examining the complaint and the response given by the advertiser, the CCC observed that the advertiser’s response has only assertions about their treatment based on Ayurvedic Shashtras and Bayaz e Kabir. The advertiser did not provide product composition details, scientific rationale, and / or clinical evidence for efficacy of the product used in the treatment. There was no scientific data to establish the efficacy of the Naturoveda treatment. In the absence of claim support data, and based on the advertiser’s response, the CCC concluded that the claims, “Certain complications such as sexual inadequacies, general weakness, etc can be addressed through Naturoveda's treatment”, were not substantiated with treatment efficacy data, and are misleading by gross exaggeration. Specific to the claim related to “Diseases arising from both types of Diabetes can be rectified/cured”, implying cure for Erectile Dysfunction, Lack of Sexual Desire, and Premature Ejaculation, the advertisement is in Breach of the law as it violated The Drugs & Magic Remedies Act. The advertisement contravened Chapters I.1, I.4 and III.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Chemical Resources "
PRODUCT:

Fenfuro

COMPLAINT:

"1. Recently married and planning to have a baby 2. Safe and Effective as per clinical data available on 254 subjects 3. Further Study on 200 subjects at AIIMS is under evaluation"

NATURE OF COMPLAINT:

“The product claims to have babies without genetic defects after taking this drug. No ayurvedic drug can repair the genetic system of diabetics. The product claims to be undergoing clinical trials. Claim made are misleading and exaggeration of facts”.

Recommendation: UPHELD

"The ASCI had approached the advertiser for their response in addressing the grievances of the complainant and forwarded the details of the complaint, verbatim, to the advertiser with a request to respond to the same. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat which they did not avail, but submitted their written response. The advertiser had stated in their response that the advertisement states that the clinical study on 254 subjects is already completed and is available in public domain, and another study on 200 subjects is under evaluation. Upon carefully viewing the print advertisement, examining the complaint and the response given by the advertiser, the CCC observed that the advertiser did not submit any product specific details such as composition / licence / pack artwork or samples and FSSAI approval for all the claims being made in the advertisement. The CCC expressed their concern for promotion of this food product with therapeutic claims implying anti-diabetic benefits and implying that the product would correct the genetic influence on the occurrence of diabetes. The CCC concluded that in the context of the headline “Recently married and planning to have a baby! Check your blood glucose levels as high glucose levels travel to next generation”, the claims, “Safe and Effective as per clinical data available on 254 subjects”, and “Further Study on 200 subjects at AIIMS is under evaluation”, were false and not substantiated with clinical evidence for product efficacy, and are misleading by gross exaggeration and implication. The Ad headline, “Recently married and planning to have a baby! Check your blood glucose levels as high glucose levels travel to next generation”, is misleading by ambiguity and implication of having babies without genetic defects on usage of this product and that Diabetes can be cured and will not pass on to the next generation. The advertisement is also creating a fear in the consumer’s mind and 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:Pernod Ricard India P. LtdPRODUCT: Chivas Studio - Win the right way -Music CD

COMPLAINT:

“The film signs off with Chivas Studio "Win the rightway". The YouTube commercial mentions in fine print "Music CDs. Advertisement appears to be a surrogate ad for promotion of a liquor product - Chivas Regal Whisky.”

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI had 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 which they did not avail, but submitted their written response. Subsequently, the advertiser was also provided with an opportunity to discuss their submission via telecon, which was not availed by them. The advertiser had stated in their response that the basis and underlying idea of the advertisement was created to promote Chivas Studio series of events scheduled to be held in January 2018 across various cities in India. They have introduced Chivas Studio exclusive lifestyle platform and Chivas Studio Music Compact Discs, to carry forward the associations and perceptions attached to Chivas Regal brand, and to generate increased revenues for the same. They have secured registrations for Chivas Studio with respect to Music CDs (class 9) and entertainment services (class 41). In support of their response, the advertiser provided advertisement storyboard, List of retail outlets selling Chivas Studio Music CDs along with photographs of the same, and Copies of registration certificates for Chivas Studio with respect to Music CDs and entertainment services. The CCC viewed the YouTube advertisement and considered the Advertiser’s response. The CCC noted that the advertiser did not provide the annual market sales data of the product/service advertised nor the CD being advertised was submitted. Based on the reference to Music CDs, the CCC concluded that the advertisement is a surrogate advertisement for promotion of a liquor product – Chivas Regal. The advertisement is misleading by implication and contravened Chapters 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 by this Code.”) Furthermore, the advertisement 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:"Aagam Yoga & Aerobics"
PRODUCT:

Arogyam Yog Kendra

COMPLAINT:

Successful treatment of diseases like obesity, diabetes, asthma, arthritis

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"Obesity: Item No.38- DMR Act Diabetes- Item no. 9, DMR Schedule Asthma: Rule -6 DMR Act Rheumatism: Item No. 43- DMR Schedule"

 

COMPANY:Ayurved Amrutam
PRODUCT:

COMPLAINT:

Successful treatment of patients disappointed by other medical methods - arthritis

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

Rheumatism: Item No. 43- DMR Schedule

 

COMPANY:Dr Dassans Ayurvedic Centre
PRODUCT:

Dr Dassans Re Renal

COMPLAINT:

"(Patient’s Name: Chandrika Ben Patel) Kidney patient saved from dialysis. Objection: The claim implies cure for Kidney ailments"

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"Kidney Stone: Item no. 22- DMR Schedule"

 

COMPANY:Dr Dassans Ayurvedic Centre
PRODUCT:Dr Dassans Self On

COMPLAINT:

"(Patient’s Name : Om Prakash) One More paralyzed patient is saved. He is completely fine post 4 months treatment. Objection: The claims imply cure for Paralysis"

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

Paralysis Item No- 39 (DMR Schedule)

 

COMPANY:Kalan Pharmaceuticals PRODUCT: Kalan Range Of Product

COMPLAINT:

"1. Effective cure Shakthimart – the source for strong male power. 2. Improves genital power by strengthening genitals and thus in turn strengthening sexual activity."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The maintenance or improvement of the capacity of human beings for sexual pleasure Section 3(b) - DMR Schedule"

 

COMPANY:Ipsa Labs Pvt Ltd
PRODUCT:

Khel Range of Products

COMPLAINT:

“ Khel Se Jeet Apki” Objection: The visual in the ad and product packaging read in conjunction with the claim imply that the product are meant for the enhancement of sexual pleasure."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

 

COMPANY:Ipsa Labs Pvt Ltd PRODUCT: Khel Range of Products

COMPLAINT:

"“Khel…..Khelo Magar Pyaar se” Objection: The visual in the ad and product packaging read in conjunction with the claim imply that the product are meant for the enhancement of sexual pleasure."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The maintenance or improvement of the capacity of human beings for sexual pleasure Section 3(b) - DMR Schedule"

 

COMPANY:Ipsa Labs Pvt Ltd PRODUCT: Khel Range of Products

COMPLAINT:

"“Khel……Khelo Ji Bhar Ke” Objection: The visual in the ad and product packaging read in conjunction with the claim imply that the product are meant for the enhancement of sexual pleasure."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The maintenance or improvement of the capacity of human beings for sexual pleasure Section 3(b) - DMR Schedule"

 

COMPANY:Medikom Healthcare & Ayurvedic Centre

COMPLAINT:

"1. Afraid of marriage - Get vigor/energy after or before marriage which will blow your partner's mind. 2. Bring strength and vigor into limbs. Objection: The visual in the ad read in conjunction with the claim imply that the product are meant for the enhancement of sexual pleasure."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The maintenance or improvement of the capacity of human beings for sexual pleasure Section 3(b) - DMR Schedule"

 

COMPANY:Prakruti Ayur Health ResortPRODUCT: Prakruti Jiyo Fresh Range Of Products

COMPLAINT:

"Prakruti Jiyo Fresh – Your marital life will overflow with joy because of anukul tablet and oil. Objection: The visual in the ad and product packaging read in conjunction with the claims implies that the product are meant for the enhancement of sexual pleasure."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The maintenance or improvement of the capacity of human beings for sexual pleasure Section 3(b) - DMR Schedule"

 

COMPANY:Rana Dispensary

COMPLAINT:

"Sex problems - Solution of every type of venereal diseases through ayurved and unani Objection: The claim imply cure for venereal diseases."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

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

 

COMPANY:Kavish Range of Products PRODUCT: Kavish Majun

COMPLAINT:

"Get back your lost vigour forever with Kavish Majun. Objection: The visual in the ad read in conjunction with the claims implies that the product are meant for the enhancement of sexual pleasure."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The maintenance or improvement of the capacity of human beings for sexual pleasure Section 3(b) - DMR Schedule"

 

COMPANY:Kavish Range of Products PRODUCT: Kavish vati/ kavish Majun/Kavish Vati

COMPLAINT:

"Give your partner something special. Freedom from sexual weakness forever Objection: The visual in the ad read in conjunction with the claims implies that the product are meant for the enhancement of sexual pleasure."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The maintenance or improvement of the capacity of human beings for sexual pleasure Section 3(b) - DMR Schedule"

 

COMPANY:Ravi Clinic

COMPLAINT:

Successful treatment of diseases like Kidney stone, arthritis.

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"Kidney Stone: Item no. 22- DMR Schedule Rheumatism: Item No. 43- DMR Schedule"

 

COMPANY:S B Ayurvedic Speciality

COMPLAINT:

Using Vaajekarana Medicines Will Cure Sexual Problems And Infertility Problems in Male Permanently.

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The maintenance or improvement of the capacity of human beings for sexual pleasure Section 3(b) - DMR Schedule Sexual Impotence Item no. 45- DMR Schedule"

 

COMPANY:Shree Satya Educational Trust PRODUCT: Sri Satya Ayurvedic Med Clg & Hosp

COMPLAINT:

Successful treatment of kidney diseases

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"Kidney Stone: Item no. 22- DMR Schedule"

 

COMPANY:Dhanvantri Pharmaceutical PRODUCT: Swarna Madhu

COMPLAINT:

"Get rid of lack of sexual power and azoospermia. Objection: The maintenance or improvement of the capacity of human beings for sexual pleasure"

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"Kidney Stone: Item no. 22- DMR Schedule"

 

COMPANY:Dhanvantri Pharmaceutical
PRODUCT:Swarna Madhu

COMPLAINT:

"Get rid of lack of sexual power and azoospermia. Objection: The maintenance or improvement of the capacity of human beings for sexual pleasure"

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

The maintenance or improvement of the capacity of human beings for sexual pleasure Section 3(b) - DMR Schedule

 

COMPANY:Shree Maruti Herbal PRODUCT: Height Grow Range Of Products

COMPLAINT:

"Height grow helps for natural growth. Objection: The visual in the ad and product packaging read in conjunction with the claim in the advertisement imply that the product are meant for increase in height."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

Stature of Person Item No. 47- DMR Schedule

 

COMPANY:Shree Maruti Herbal PRODUCT: Hi Grow

COMPLAINT:

"Height grow helps for natural growth. Objection: The visual in the ad and product packaging read in conjunction with the claim imply that the product are meant for increase in height."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

Stature of Person Item No. 47- DMR Schedule

 

COMPANY:Shree Maruti Herbal
PRODUCT:Height Gro

COMPLAINT:

"Height grow helps for natural growth. Objection: The visual in the ad and product packaging read in conjunction with the claim imply that the product are meant for increase in height."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

Stature of Person Item No. 47- DMR Schedule

 

COMPANY:Dolphin Labs PRODUCT: Anaconda Range of Products

COMPLAINT:

"“Come closer to your partner ” Objection: The visual in the ad and product packaging read in conjunction with the claims implies that the product are meant for the enhancement of sexual pleasure."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The maintenance or improvement of the capacity of human beings for sexual pleasure Section 3(b) - DMR Schedule"

 

COMPANY:Anmol Ayur Clinic

COMPLAINT:

Get rid of all sexual problems, venereal diseases, childlessness

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"Venereal diseases including syphilis, gonorrhea, soft chancre, venereal granuloma and lymphogranuloma-Item no. 54- DMR Schedule The maintenance or improvement of the capacity of human beings for sexual pleasure Section 3(b) - DMR Schedule Sterlity in Women: Item No. 48, DMR Schedule"

 

COMPANY:Nurture Health Care
PRODUCT:Ayurex-Ndx

COMPLAINT:

"“Do not be disappointed, there is still hope” : Ayurex Ndx Capsule Objection: The visual in the ad read in conjunction with the claim imply that the product is meant for the enhancement of sexual pleasure"

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The maintenance or improvement of the capacity of human beings for sexual pleasure Section 3(b) - DMR Schedule"

 

COMPANY:Nurture Health Care PRODUCT: Ayurex-S Capsule

COMPLAINT:

"“Leave such impression on your partner’s heart and mind that they always admire you.” Objection: The visual in the ad read in conjunction with the claim imply that the product is meant for the enhancement of sexual pleasure."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The maintenance or improvement of the capacity of human beings for sexual pleasure Section 3(b) - DMR Schedule"

 

COMPANY:D S Research Centre

COMPLAINT:

"1. Now no fear of death with Cancer. 2. Where the man has won over Cancer and achieved victory. Objection: The claims objected to imply cure for cancer."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

Cancer: Item No. 6- DMR Schedule

 

COMPANY:Dr Mahendra Rana Arogya Sansthan

COMPLAINT:

Ayurvedic treatment through Panchakarma Provides successful, safe and permanent treatment for white spots arthritis.

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"Leucoderma Item No.33, DMR Schedule Rheumatism: Item No.43, DMR Schedule"

 

COMPANY:Arogyam Ayurvedic Hospital
PRODUCT:

COMPLAINT:

"Claim Objected to: 1. Gatiya aur jodo k dard se paya chutkara 2. Gatiya aur jodo ke dard ka paka illaj Complaint: “(Patient name- Veje Kumari) This advertisement appeared in the DAINIK JAGRAN newspaper section - ""NEW GHAZIABAD"" - Ghaziabad edition, on 5 march 2018, page number ( I ) The advertisement appears to be a news and no where the words ""advertisement"" has been mentioned. Claims imply cure from rheumatism"

NATURE OF COMPLAINT:

Recommendation: UPHELD

Rheumatism: Item No. 43- DMR Schedule

 

COMPANY:Dr Meetwar Homoeopathy
PRODUCT:"Dove Body Lotion "

COMPLAINT:

"Complete & permanent recovery in incurable disease such as: Leucoderma, Blood Cancer, Diabetes, Sterlity, Tumors, Stones, Epilepsy"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Leucoderma Item No.33, DMR Schedule Cancer : Item No- 6- DMR Schedule Diabetes: Item no. 9, DMR Schedule Sterlity in Women: Item No. 48, DMR Schedule Tumors: Item No. 51, DMR Schedule Kidney Stones: Item No. 22, DMR Schedule Epilepsy: Item No. 17, DMR Schedule"

 

COMPANY:IPSA Labs Pvt Ltd
PRODUCT:"Khel Range Of Products "

COMPLAINT:

""“Khel …Khelo hak se” Objection: The visual in the ad and product packaging read in conjunction with the claims implies that the product are meant for the enhancement of sexual pleasure." "

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

""The maintenance or improvement of the capacity of human beings for sexual pleasure Section 3(b) - DMR Schedule" "

 

COMPANY:IPSA Labs Pvt Ltd PRODUCT: Khel Range Of Products

COMPLAINT:

"“Khel …Khelo Qayamat tak” Objection: The visual in the ad and product packaging read in conjunction with the claims implies that the product are meant for the enhancement of sexual pleasure."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The maintenance or improvement of the capacity of human beings for sexual pleasure Section 3(b) - DMR Schedule"

 

COMPANY:"Gaharwar Pharma Products Pvt Ltd. "PRODUCT: P V Tone Range Of Products

COMPLAINT:

"All men can spend a joyful and pleasant life with this. Objection: The visual in the ad read in conjunction with the claim imply that the product is meant for the enhancement of sexual pleasure."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The maintenance or improvement of the capacity of human beings for sexual pleasure Section 3(b) - DMR Schedule

 

COMPANY:Shahwar Dispensary

COMPLAINT:

"Dr. Shahwar’s treatment will change your unsuccessful married life to successful one. Successful treatment for Venereal disease"

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The maintenance or improvement of the capacity of human beings for sexual pleasure Section 3(b) - DMR Schedule Venereal diseases including syphilis, gonorrhea, soft chancre, venereal granuloma and lymphogranuloma-Item no. 54- DMR Schedule"

 

COMPANY:Luna Pharma PRODUCT: Stonecure Kit

COMPLAINT:

"Stonecure Kit - Get rid of kidney stones by one-month course. Objection: The product name implies cure for kidney stone."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"Kidney stone Item no. 22- DMR Schedule"

 

COMPANY:HDFC Standard Life Insurance Company Ltd PRODUCT: HDFC life

COMPLAINT:

"The online add is very much intimidating and scary where HDFC life is playing with peoples emotion for enrolling into the policy. The online add quotes in bold 'Poor air quality can lead to cancer' and asking the people to buy the insurance by scaring them. Link of Ad: http://t.epromo.hdfclife.asia/nl/jsp/m.jsp?c=%40rm08flUpg83wqNhlpO%2FxZJ6R44kt%2BvimpGCJvOet2XI%3D"

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI had approached the advertiser for their response in addressing the grievances of the complainant and forwarded the details of the complaint, verbatim, to the advertiser with a request to respond to the same. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat which they did not avail, but submitted their written response. The advertiser had stated in their response that the advertisement has highlighted air pollution as one of the reason that causes Cancer. The claim has been qualified to quote the source from ""Centre for Science and Environment"" (CSE). As per World Health Organization (WHO), outdoor pollution is a leading cause of cancer. In support of their response, the advertiser provided a copy of press release by WHO on outdoor air pollution being a leading environmental cause of cancer deaths, and an article titled `Lifestyle Diseases Biggest Killers: CSE’ in The Hindu which covered the CSE study. Upon carefully viewing the website advertisement, examining the complaint and the response given by the advertiser, the CCC concluded that the claim, “Poor Air Quality can lead to Cancer”, is misleading by exaggeration. The advertisement uses the word “can” which is more definitive terminology than the word “may”, thereby creating a fear in the consumer’s mind. The advertisement exploits the consumers’ lack of knowledge and is likely to lead to grave or widespread disappointment in the minds of consumers. The website advertisement contravened Chapters I.4 and I.5 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:Lux Industries Limited PRODUCT: Lux Venus

COMPLAINT:

“There is a TV commercial wherein celebrated Bolywood actor is endorsing the product LUX innerwear for men saying that he himself also wears the same and all super stars also wear the same. The actor is Mr. Amitabh Bacchan and the advertisement is for LUX INNERWEAR. The advertisement is misguiding the consumers and trying to brainwash them into thinking that super stars in film industry wear this brand. The advertiser has nothing to suport the fact that Sri Amitabh Bacchan actually wears their brand. The ad is dishonest trade practice and claims made through the advertisement are misleading to the public.”

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI had approached the advertiser for their response in addressing the grievances of the complainant and forwarded the details of the complaint, verbatim, to the advertiser with a request to respond to the same. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat which they did not avail, but submitted their written response. Subsequently, they were provided with an opportunity to discuss their submission via telecon. The advertiser stated in their response that the TVC does not refer to glamourous superstars from Bollywood, but talks about such everyday heroes. The term ‘Superstar’ mentioned by the celebrity in the TVC denotes to a person who is successful by his efforts. The reference made to all superstars of Bollywood wearing Lux Venus brand innerwear, is an over exaggerated statement and should be taken in a light spirit. As this response was inadequate, ASCI requested the advertiser to provide evidence of Mr. Amitabh Bachchan agreeing to the claims made in the advertisement or him having used the advertised product. In response to this request, the Advertiser sought for an extension of four weeks to submit this evidence. Since the complaints have to be processed in a time bound manner, the advertiser was not granted this extension. The CCC viewed the TVC and considered the advertiser’s response. The CCC observed that the advertiser did not substantiate the claim that their product is used by all superstars. Mr. Amitabh Bachchan (celebrity) portraying a character of Barber saying that all superstars are wearing Lux Venus vest (“Yeh jitne superstar log hain na yeh sab yahi no pahan lete hain....hum hoon pehnat hai yeh dekho…”) and showing the product himself worn by him, gives credibility to the product and denotes Amitabh Bachchan’s personal association and endorsement of the product. In the absence of confirmation from celebrity, Amitabh Bachchan stating his association with the brand and that he has personally used the product, the TVC contravened Clauses (c) and (d) of the ASCI Guidelines for Celebrities in Advertising. The complaint was UPHELD."

 

COMPANY:ICICI Bank Ltd

COMPLAINT:

Home loan interest rate shown 4.62%. This is because of reduction of pradhan mantri awas yojana subsidy and income tax benefits. Bank don't have right to claim subsidy benefit will reduce interest charged. Subsidy benefit given by govt of india and bank do not have any control over it.

NATURE OF COMPLAINT:

 

Recommendation: NOT UPHELD

"The ASCI had approached the advertiser for their response in addressing the grievances of the complainant and forwarded the details of the complaint, verbatim, to the advertiser with a request to respond to the same. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat which they did not avail, but submitted their written response. The advertiser had stated in their response that the advertisement promotes the cumulative effect of the government subsidy and the tax benefits to the consumers. The advertisement upfront states that the effective rate is because of the effects of PMAY and tax benefits, the details of which have been mentioned in the advertisement. The advertiser’s response 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 Technical expert presented at the meeting. The CCC observed that it is acceptable to include Pradhan Mantri Awas Yojna (PMAY) subsidy even if it is from the government and not ICICI Bank. The details of PMAY and tax subsidy have been mentioned in the advertisement as well. The benefits of the government’s schemes (PMAY and tax benefits) that people would enjoy, in case they are eligible under the schemes and they avail of a home loan, is conveyed in the advertisement. Based on the advertiser’s response, the CCC concluded that the claim, “Home Loans at 8.35% with Pradhan Mantri Awas Yojna subsidy and income tax benefits Effective Rate of 4.62%”, was not objectionable. The complaint was NOT UPHELD."

 

COMPANY:Network Bull Technologies

COMPLAINT:

“Network Bulls offers 100 percent job placement guarantee”

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint, despite ASCI reminder. The CCC viewed the website advertisement and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that the claim, “Network Bulls offers 100 percent job placement guarantee”, 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. The claim is misleading by exaggeration. The website 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:"Reckitt Benckiser (India) Pvt. Ltd"
PRODUCT: (Mortein)

COMPLAINT:

“100% Faster Dengue Protection”

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI had 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 which they did not avail, but submitted their written response. The advertiser had stated in their response that the claim ""100% Faster Dengue Protection"" is only against TFT 0.88% formulation and this qualification is specified in the disclaimer. The claim made is based on a test conducted which showed that the mean number of Aedes aegypti mosquitoes knocked down in the first 5 minutes` exposure to their Product was 23.33. Whereas the mean number of mosquito knock down in the first 5 minutes' exposure to competition's TFT 0.88% was only 11.33, proving that the advertised Product (with TFT 1.6%) knocks down more than twice as many Aedes aegypti mosquitoes as compared to the competition's 0.88% TFT. As claim support data, the advertiser provided a copy of this test report. The claim support data was reviewed by the technical expert of ASCI. The CCC viewed the YouTube advertisement https://youtu.be/ 3GQ8H307xXE and considered the Advertiser’s response as well as the opinion of Technical expert presented at the meeting. The CCC observed that the advertiser’s response summarized that the product is amongst a minority of similar products having 1.6% TFT (the active), as compared to the large majority that contain 0.88% TFT. As per the test report the knockdown rate of Aedes mosquitoes is indeed 23 vs 11 (2x) but only in the first five minutes. The difference reduces in the next five minutes and becomes negligible in 25 minutes. Moreover, the test relates to Aedes mosquito knockdown, not ""dengue protection"". Based on this data, the CCC concluded that the claim, “100% Faster Dengue Protection”, was inadequately substantiated and is misleading by ambiguity and implication since it could have been correctly worded as “2x faster protection from dengue-causing mosquitoes for the first 5 minutes”. The YouTube advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:MRF Ltd
PRODUCT: MRF Nylogrip Plus

COMPLAINT:

"“The Advertisement is in Hindi Language. It has been published in several newspapers namely: Danik Bhaskar, Hindustan Hindu, Lokmat. The advertisement appeared in the said newspapers on February 3, 2018. The predominant element of the advertisement comprises of the tag line ""Pura India yeh manta hai, sabse zyada yehi chalta hai"", with pictures of tyre and other description of the tyre. The tagline gives a wrong impression to the public and members of trade that the tyre is the most lasting and popular and the entire country agrees with the same. The said tagline is advertisement more as a statement of fact without any cogent documentary proof or reference. The advertisement is misleading and not substantiated with cogent data or evidence or test results. The advertisement is unclear on the basis/calculation of arriving at the claim and therefore brings home the wrong message that it is the most popular and long lasting tyre in the country. There are no references in the advertisement to confirm the source of the claim/ information. We object to the advertisement and request that a) advertisement be removed b) MRF to publish a counter notice in every newspaper or journal or any medium wherever the said ad has been published stating that the said claims are not authentic and misleading c) share a copy of the said corrective notice published in relevant publications with ASCI.”"

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

The ASCI approached the advertiser for their response in addressing the grievances of the complainant and forwarded the details of the complaint, verbatim, to the advertiser with a request to respond to the same. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint, despite a reminder from ASCI. The advertiser did not submit any comparative technical data / test results regarding product efficacy or it’s superiority versus other marketed products. The CCC concluded that the claim – tagline, "Pura India yeh manta hai, sabse zyada yehi chalta hai", “Sampoorn India yeh manto, sarvath jaasth aach chalto”, implying that MRF Nylogrip tyres are the long lasting and largest selling tyres in the country, which was not substantiated with verifiable comparative data or with market survey data. The claim is misleading by implication and gross exaggeration. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD.

 

COMPANY:Flamingo Air Academy

COMPLAINT:

“100% Placement Assistance.”

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 had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the print advertisement and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that while the advertiser may be providing placement assistance to their students, the use of 100% numerical is not relevant for “placement assistance” claim. The use of “100%” as a descriptor in the claim is misleading by implication, and exploits the consumers’ lack of knowledge and is likely to lead to grave or widespread disappointment in the minds of consumers. The advertisement contravened Guidelines for Advertising of Educational Institutions and Programs as well as Chapters I.4 and I.5 of the ASCI Code. The complaint was UPHELD.

 

COMPANY:Flying Cats

COMPLAINT:

“100% Placement Assistance.”

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 had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the print advertisement and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that while the advertiser may be providing placement assistance to their students, the use of 100% numerical is not relevant for “placement assistance” claim. The use of “100%” as a descriptor in the claim is misleading by implication, and exploits the consumers’ lack of knowledge and is likely to lead to grave or widespread disappointment in the minds of consumers. The advertisement contravened Guidelines for Advertising of Educational Institutions and Programs as well as Chapters I.4 and I.5 of the ASCI Code. The complaint was UPHELD.

 

COMPANY:Cheil India P. Ltd
PRODUCT: Samsung Galaxy Note 8

COMPLAINT:

“Best Camera Phone”

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 which they did not avail, but replied requesting for an extension of two weeks to submit their response. 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 this extension. Advertiser had stated in their response that the advertisement is merely an excerpt from the article dated January 23, 2018 published in Hindustan Times as per regular practice in the industry and is published post seeking necessary permissions from the news publishing house There is no falsity in the claim, though it may have a stint of exaggeration or puffery which is legally permitted. The advertiser further referred to an assessment done by third party agency DxOMark, rated Samsung Galaxy Note 8 as one of ""The Best Smartphone for zoom"" for its camera feature, and gave good ratings to it. As claim support data, the advertiser provided links to the article by Hindustan Times reviewing the Samsung Galaxy Note 8, Copy of correspondence with the publisher for using the claim ‘Best Camera Phone’ in the advertisement, and a copy of review titled “Samsung Galaxy Note 8 ties iPhone 8 Plus in DxOMark camera ranking”. 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 did not agree with the advertiser’s contention that the claim should be viewed as exaggeration or puffery. The CCC also disagreed with the advertiser’s contention of the claim being puffery. The CCC referred to another judgement of the Delhi high Court in the matter of Colgate v/s HUL in 2013, that while hyped up advertising may be permissible, it cannot transgress the grey areas of permissible assertions, and if it does so, the advertiser must have some reasonable factual basis for the assertion made. It is not possible therefore for anybody to make an off the cuff or unsubstantiated claim that his goods are the best in the market. The CCC observed that the review in Hindustan Times states that “The Samsung Galaxy Note 8 is perhaps the best camera phone in the market at the moment”. The CCC did not consider this comment to be a definitive statement, which has been abridged by the Advertiser to support the claim ‘Best Camera Phone’. The CCC did not consider the DxOMark reference to be relevant for the claim under consideration. Based on this assessment, the CCC concluded that the claim, “Best Camera Phone” clearly attributed to review by Hindustan Times, was false, misleading and exploits the consumers’ lack of knowledge and is likely to lead to grave or widespread disappointment in the minds of consumers. The TVC contravened Chapters I.1, I.4 and I.5 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:Sangam University

COMPLAINT:

“100% placement assistance.”

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 had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the TVC and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that while the advertiser may be providing placement assistance to their students, the use of 100% numerical is not relevant for “placement assistance” claim. The use of “100%” as a descriptor in the claim is misleading by implication, and exploits the consumers’ lack of knowledge and is likely to lead to grave or widespread disappointment in the minds of consumers. The TVC contravened Guidelines for Advertising of Educational Institutions and Programs as well as Chapters I.4 and I.5 of the ASCI Code. The complaint was UPHELD.

 

COMPANY:Zet Airlink

COMPLAINT:

“The best place to get a permanent job.”

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 had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the TVC and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that the claim, “The best place to get a permanent job”, was not substantiated with consumer survey data, or verifiable comparative data of the advertiser’s institute and similar institutes to prove that it is better than the rest in giving permanent jobs to their students, or through an independent third party validation. The claim of providing permanent jobs to students in aviation industry 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. The claim is misleading by exaggeration and implication. The TVC 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:Aspirant

COMPLAINT:

“Kerala’s best NIIT-IIT Coaching Centre.”

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI had 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 which they did not avail, but replied questioning the authority of ASCI to seek response for the claim made in their TVC. In response to the advertiser’s query about the validity, enforceability and fairness of the ASCI proceedings, ASCI advised them to refer to the web links of ASCI and Department of Consumer Affairs ( https://www.youtube.com/watch?v=00GYFqJLIgk ). The CCC noted that no other response or claim support data was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the TVC and in the absence of specific comments or response from the advertiser, the CCC concluded that the claim, “Kerala’s best NIIT-IIT Coaching Centre”, was not substantiated with any verifiable comparative data of the advertiser’s coaching centre and similar coaching centres in Kerala to prove that it is better than the rest, or through an independent third party validation. The claim is misleading by exaggeration and implication. The TVC 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:Shri Balaji Incense Industries
PRODUCT: Balaji Madhu Kunj 100

COMPLAINT:

“No. 1 Agarbatti” (Claim is misleading by implication that it is market leader).

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

The ASCI had 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 which they did not avail, but submitted their written response. Advertiser argued that in the TVC, there was no mention of the product being a market leader, and the purpose was to create a fun and suspense element. The CCC viewed the TVC and considered the advertiser’s response. The CCC observed that the protagonist calling the product “No.1” multiple times in the TVC, implies that this product is a market leader and that it is preferred over other agarbatti products or it is the most preferred brand in the agarbatti category, for which the advertiser did not provide any valid substantiation. The CCC concluded that the claim, “No. 1 Agarbatti”, was not substantiated with verifiable comparative data / market survey data of the advertiser’s product and other competitor products, or through a third party validation, and is misleading by exaggeration and implication. The TVC contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD.

 

COMPANY:Karan Hospital

COMPLAINT:

“First in north India to have successfully cured piles, fistula, varicose veins by laser and durbin.”

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 had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the TVC and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that the claim, “First in north India to have successfully cured piles, fistula, varicose veins by laser and durbin”, was not substantiated with any verifiable comparative data of the advertiser’s hospital being the first in north India to have successfully cured piles, fistula, varicose veins by laser and durbin, or through a third party validation. The claim is misleading by exaggeration. The TVC contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD.

 

COMPANY:"National Institute of Financial Markets"

COMPLAINT:

“100% Placement assistance.”

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 had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the print advertisement and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that while the advertiser may be providing placement assistance to their students, the use of 100% numerical is not relevant for “placement assistance” claim. The use of “100%” as a descriptor in the claim is misleading by implication, and exploits the consumers’ lack of knowledge and is likely to lead to grave or widespread disappointment in the minds of consumers. The advertisement contravened Guidelines for Advertising of Educational Institutions and Programs as well as Chapters I.4 and I.5 of the ASCI Code. The complaint was UPHELD.

 

COMPANY:"Indian Institute of Office Management(IIOM) "

COMPLAINT:

“100% Job Assistance.”

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 had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the print advertisement and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that while the advertiser may be providing job assistance to their students, the use of 100% numerical is not relevant for “job assistance” claim. The use of “100%” as a descriptor in the claim is misleading by implication, and exploits the consumers’ lack of knowledge and is likely to lead to grave or widespread disappointment in the minds of consumers. The advertisement contravened Guidelines for Advertising of Educational Institutions and Programs as well as Chapters I.4 and I.5 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Institute of Design & Technology"

COMPLAINT:

“100% Job Assistance.”

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 had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the print advertisement and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that while the advertiser may be providing job assistance to their students, the use of 100% numerical is not relevant for “job assistance” claim. The use of “100%” as a descriptor in the claim is misleading by implication, and exploits the consumers’ lack of knowledge and is likely to lead to grave or widespread disappointment in the minds of consumers. The advertisement contravened Guidelines for Advertising of Educational Institutions and Programs as well as Chapters I.4 and I.5 of the ASCI Code. The complaint was UPHELD.

 

COMPANY:"Jumbo Jet Aviation Academy"

COMPLAINT:

“100% Job Assistance.”

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 had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the print advertisement and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that while the advertiser may be providing job assistance to their students, the use of 100% numerical is not relevant for “job assistance” claim. The use of “100%” as a descriptor in the claim is misleading by implication, and exploits the consumers’ lack of knowledge and is likely to lead to grave or widespread disappointment in the minds of consumers. The advertisement contravened Guidelines for Advertising of Educational Institutions and Programs as well as Chapters I.4 and I.5 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Hindustan Soft Education Ltd – Oxford Software Institute"

COMPLAINT:

“100% placement assistance”

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 had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the print advertisement and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that while the advertiser may be providing placement assistance to their students, the use of 100% numerical is not relevant for “placement assistance” claim. The use of “100%” as a descriptor in the claim is misleading by implication, and exploits the consumers’ lack of knowledge and is likely to lead to grave or widespread disappointment in the minds of consumers. The advertisement contravened Guidelines for Advertising of Educational Institutions and Programs as well as Chapters I.4 and I.5 of the ASCI Code. The complaint was UPHELD.

 

COMPANY:Parmanand Institute of Fire Engineering
PRODUCT:

COMPLAINT:

"“100% Job Placement Assistance” (100% numerical claim is misleading by implication)"

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI had 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 which they did not avail, but submitted their written response post the due date. The advertiser had stated in their response that their institute makes 100% efforts for success of their students so that they may get opportunity for jobs related to Fire Man / Safety Steward. Upon carefully viewing the print advertisement, examining the complaint and the response given by the advertiser, the CCC noted that while the advertiser may be providing job placement assistance to their students, the use of 100% numerical is not relevant for “job placement assistance” claim. The CCC observed the difference in font size for the claim of “100% Job Placement Assistance”. The words, “100% Job” was displayed in larger font, and “placement assistance” in smaller font. The CCC concluded that the use of “100%” as a descriptor in the claim is misleading by implication, and exploits the consumers’ lack of knowledge and is likely to lead to grave or widespread disappointment in the minds of consumers. The advertisement contravened Guidelines for Advertising of Educational Institutions and Programs as well as Chapters I.4 and I.5 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:Bicard Computer Education

COMPLAINT:

"“100% Placement assistance.” (100% numerical claim is misleading by implication)"

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI had 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 which they did not avail, but submitted their written response. The advertiser had stated in their response that they have been assisting their students to get placements. All the requirements for providing assistance are dependent on the conditions to be met. Advertiser in their response provided a web link wherein it mentions all the requirements to be fulfilled. Advertiser further stated that they have supporting evidence of providing 100% assistance of placement to their students. However, the advertiser did not provide this data for verification. Upon carefully viewing the print advertisement, examining the complaint and the response given by the advertiser, the CCC concluded that while the advertiser may be providing placement assistance to their students, the use of 100% numerical is not relevant for “placement assistance” claim. The use of “100%” as a descriptor in the claim is misleading by implication, and exploits the consumers’ lack of knowledge and is likely to lead to grave or widespread disappointment in the minds of consumers. The advertisement contravened Guidelines for Advertising of Educational Institutions and Programs as well as Chapters I.4 and I.5 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Kavira Classes & Defence Academy "

COMPLAINT:

"“Rajasthan's No.1 Institute.” "

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the concerned Media (Rajasthan Patrika) 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, “Rajasthan's No.1 Institute”, was not substantiated with any verifiable comparative data of the advertiser’s institute and other similar institutes in the same category, or through a third party validation. The claim is misleading by exaggeration. The advertisement contravened the 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:GlaxoSmithKline Consumer Healthcare Ltd
PRODUCT:"(Crocin 650)"

COMPLAINT:

“Fast release formula starts working in just 5 minutes.” Claim is required to be substantiated. Visual indicates product release in intestine

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI had 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 which they did not avail, but submitted their written response. Advertiser in their response stated that the TVC shows a representation of the human body, without images of intestine or other organs, over which the drug is superimposed, and does not indicate or denote product release in the intestine. The visuals are just a symbolic representation of human body. A human body image in the background is used for explaining very basic pharmacokinetic of Crocin 650 mg. As claim support data, the advertiser provided a published journal reference on a paracetamol tablet with Optizorb technology disintegrating in the stomach, Product Approval License from Regulatory Authority, an artwork of outer carton of Crocin 650, and a copy of product image. The CCC viewed the TVC (in Telugu) considered the advertiser’s response and the storyboard. The CCC observed that the voice over in the TVC says, “It’s fast release formula starts working in just 5 minutes”, which was contradictory to the text mentioned in the TVC of the product dissolving in the stomach, showing a logo unit -“Its medicine starts releasing in 5 mins”. The CCC did not consider the claim in the logo unit referring to “release of medicine in 5 minutes” to be objectionable. However the CCC considered the claim of “starts working in just 5 minutes” to be misleading by ambiguity and implication. The claim, “Its Fast release formula starts working in just 5 minutes”, was not substantiated with evidence of product efficacy within five minutes. The claim exploits the consumers’ lack of knowledge. The TVC contravened Chapters I.1, I.4 and I.5 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Allen Healthcare Co. Ltd"
PRODUCT:"Livosin Ayurvedic lever and skin health capsule"

COMPLAINT:

“Good morning sir, I am working as Drugs inspector under Government of Nagaland. Sending here image of in my state dailies, The Nagaland Post. This is for info and necessary action. Please find here Attach copy of the objectionable advertisement for complaint My objection: Claims 100% Herbal but it is Ayurvedic product”

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

The ASCI approached the advertiser for their response in addressing the grievances of the complainant and forwarded the details of the complaint, verbatim, to the advertiser with a request to respond to the same. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The advertiser did not provide copy of product approval license / product label, and Product composition details. The CCC viewed the print advertisement and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that the claim, “100% Herbal”, was not substantiated with any evidence of the ingredients present in the product, and was misleading by exaggeration. The print advertisement contravened Chapters I.1 I.4 of the ASCI Code. The complaint was UPHELD.

 

COMPANY:"Allen Healthcare Co. Ltd"
PRODUCT:"Livosin DS herbal Liver Tonic"

COMPLAINT:

“Please find here Attach copy of the objectionable advertisement for complaint My objection: 1. Livosin claims to prevent alcohol induced liver disease (in bold red ink): this claim is misleading as this will induce alcoholic to drink more. 2. Claim for sugar free is objectionable.”

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the grievances of the complainant and forwarded the details of the complaint, verbatim, to the advertiser with a request to respond to the same. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC observed that the advertiser did not provide Copy of Product approval license / product label, and Product composition details. The CCC viewed the print advertisement and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that the claim, “Prevents alcohol induced liver disease”, was not substantiated with clinical evidence of product efficacy, and is grossly misleading by implication that the product being good for alcoholics, they will be mislead for more consumption of alcohol. The advertisement also exploits the consumers’ lack of knowledge and is likely to lead to grave or widespread disappointment in the minds of consumers. Claim, “Sugar Free” was not substantiated with any evidence of the ingredients present in the product, and is misleading by exaggeration. The advertisement contravened Chapters I.1, I.4, I.5 and III.3 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Pravek Kalp Pvt Ltd "
PRODUCT:"(Pravek-T)"

COMPLAINT:

“Herbal slimming tea and has the capacity to stay disease free.”

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI had 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 which they did not avail, but submitted their written response. The advertiser had stated in their response that the ingredients of product - Pravek-T have been proprietary Ayurvedic medicines which have been recognized in the science of Ayurveda. The product is a substitute for Green Tea, which is globally recognized as a major contributory factor towards boosted metabolism and weight loss and various other health benefits. Advertiser further listed the main ingredients of the product and their medical benefits, for reference. As claim support data, the advertiser provided a copy of the product packaging, product leaflet, and clinical evaluation of the product. 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 Technical expert presented at the meeting. The CCC observed that based on the ingredients used, their proportion used as tea, and the published results of the clinical study provided, the claim of “Herbal Slimming Tea”, was not objectionable. This complaint was NOT UPHELD. Advertiser did not provide any technical data, scientific rationale or clinical evidence of product efficacy, to prove the product’s ability to keep the body disease free. The claim, “Sharir ko rog mukt rakhne ki shamtha dete hain” (“Has the ability to keep the body disease free”) was inadequately substantiated and is misleading by gross exaggeration and exploits the consumers’ lack of knowledge. The advertisement contravened Chapters I.1, I.4 and I.5 of the ASCI Code. This complaint was UPHELD."

 

COMPANY:"YOU Broadband India Ltd"

COMPLAINT:

"1. Enjoy 100 MBPS internet with free wifi router and installation for just Rs 999/- 2. 2 months free on select plans"

NATURE OF COMPLAINT:

"1. Please substantiate with claim support data that the said scheme is capable of providing 100 MBPS speed for an unlimited period with just 999 Rs/-. 2. Reference to claim 1; please clarify the quota available in the said scheme. 3. Reference to claim 1; is the plan available across the country or for selected places only? Please substantiate. 4. Reference to claim 1; please substantiate if there are any other hidden charges applicable. If so, it is an omission and therefore misleading 5. Reference to claim 2; is the scheme available only for select plans for 2 months? If so, both the claims are contradictory and therefore misleading. 6. The Disclaimer violates ASCI Guidelines for Disclaimer (2), 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. According to us, the advertisement contravenes Chapter 1.1, 1.4 and 1.5 of ASCI code and ASCI Guidelines for Disclaimer Action to be taken: We propose that the advertisement should be immediately withdrawn.”"

Recommendation: NOT UPHELD

"The ASCI had approached the advertiser for their response in addressing the grievances of the complainant and forwarded the details of the complaint, verbatim, to the advertiser with a request to respond to the same. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat which they did not avail, but submitted their written response. The CCC viewed the website advertisement and considered the advertiser’s response. The advertiser had stated in their response that YOU Broadband was capable of delivering upto 100 Mbps internet speed on various plans on their network. The advertisement specifies the price of the plan and additional features of free Wi fi router and free installation which is included in the price of Rs. 999/- of the plan. New customers who had opted for this plan for longer period were offered 2 months' free connection for subscription of 12 months and l month's free connection for subscription of 6 months. As claim support data, the advertiser provided data of All India subscribers who registered from end Oct 2017 to end Feb 2018 (offer period) as evidence of customers who had availed the advertised plans, and Ookla speed test report for YOU Broadband’s capacity to deliver 100 Mbps speed. The CCC was of the view that it is a common industry practice of providing free offer on such advertised plans. Based on the advertiser’s response with the supporting data provided, the CCC concluded that the claims, “Enjoy 100 MBPS internet with free wifi router and installation for just Rs 999/-”, and “2 months free on select plans”, were not objectionable. The complaint was NOT UPHELD."

 

COMPANY:Uniwaves
PRODUCT:Uniwaves Vitamin B12 Water

COMPLAINT:

"1. Vitamin B12 water with Alkaline nutrient water. 2. Has more than 72 types of health benefits. 3. Immune health, beneficial to heart, anti-aging potential, strengthen bone, boosts energy, stimulates memory, blood formation, controls stress, nourishes DNA, enhance reproductive health."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI had 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 which they did not avail, but submitted their written response. The advertiser had stated in their response that ‘Vitamin B12 Water with Alkaline Nutrient Water’ is their product name for which they are holding Trade Mark of ""Vitamin B12 Water"", They have also applied Patent for the product and the product process. The product contains nutrients like Vitamin B12 and Alkaline Nutrient (Zinc, Copper, Calcium, Potassium, Magnesium) which are scientifically proven beneficial to health benefits of human. Advertiser in their response listed the health benefits provided by the product, and mentioned various journal references on Vitamin B12. Advertiser also provided Product label, reference to FSSAI license, and letter from Safe Food Science & Technology Institute for approval of the claims of health benefits made on the product label. Upon carefully viewing the print advertisement, examining the complaint and the response given by the advertiser, the CCC observed that the advertiser’s response has only assertions regarding the claims made, a list of over 100 indications for the product and a laundry list of 689 references. Some of the benefits were repeated (e.g. related depression, sleep, hair), some were not relevant for the product form being advertised as the benefit was post topical application to skin, some benefits were unlikely (such as protection against heart diseases, elimination of possibility of child defects, boost high IQ, reduce brain shrinkage, analgesic, prevention of vitiligo, etc.). The reference details mentioned by the advertiser were very general regarding some of the ingredients and not specific to the composition of the advertised product. The advertiser did not provide any quantitative data regarding the product composition and its efficacy nor any analytical test report. The certificate by Safe Food Science and Technology Institute was not considered to be acceptable as it did not provide any product specific technical rationale or proof of product performance. The CCC concluded that the claims, “Vitamin B12 water with Alkaline nutrient water”, “Has more than 72 types of health benefits”, “Immune health, beneficial to heart, anti-aging potential, strengthen bone, boosts energy, stimulates memory, blood formation, controls stress, nourishes DNA, enhance reproductive health”, were inadequately substantiated with any clinical evidence of product efficacy, and are misleading by exaggeration, and exploits the consumers’ lack of knowledge. The advertisement contravened Chapters I.1, I.4 and I.5 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Flipbald Health And Wellness - Flipbald Natural Booster and Natural Protein Capsules"

COMPLAINT:

"“Increases weight with Guarantee” 1. Misuse of FSSAI Logo in the advertisement 2. Visuals and testimonials are misleading. 3. Claim requires to be substantiated."

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 had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the Ad – Advertorial and observed that it shows an FSSAI logo and makes reference to natural and organic products claiming that it increases weight with guarantee, which is grossly misleading and exploits consumers’ lack of knowledge. Upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that the testimonial claim of Mr. Rajendra (in Hindi) as translated in English, “Increases weight with Guarantee”, accompanied by FSSAI logo was not substantiated with evidence of product efficacy, and is misleading by exaggeration and implication that FSSAI has approved the product efficacy / claims made in the advertisement. The efficacy being depicted via visual of before and after the treatment are misleading by gross exaggeration. The Ad – advertorial contravened Chapters I.1, I.4 and I.5 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Flipbald Health And Wellness"
PRODUCT: Flipbald De-addiction Powder

COMPLAINT:

“Misuse of FSSAI Logo in the advertisement for claim “Say goodbye to addiction permanently”

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 had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint, despite ASCI reminder. The CCC viewed the Ad – Advertorial stating “Say goodbye to addiction permanently” and concluded that it makes a misuse of FSSAI logo, which is misleading by exaggeration and implication that FSSAI has approved the product efficacy / claims made in the advertisement, and exploits the consumers’ lack of knowledge. The Ad – advertorial contravened Chapters I.4 and I.5 of the ASCI Code. The complaint was UPHELD.

 

COMPANY:Flipbald Health And Wellness
PRODUCT: Flipbald Green Coffee Beans and Forume Oil

COMPLAINT:

"1. Most powerful fat burner 2. Increase the basal metabolic rate BMR of our body which minimizes excessive release of glucose from the liver into blood 3. Helps to reduce cellulites or stable fat smoothly and increases progressive weight loss Before and after Visuals are misleading Misuse of FSSAI Logo in the advertisement."

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 had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the Ad – Advertorial and in the absence of comments from the Advertiser, the CCC concluded that the claims, “Most powerful fat burner”, “Increase the basal metabolic rate BMR of our body which minimizes excessive release of glucose from the liver into blood” and “Helps to reduce cellulites or stable fat smoothly and increases progressive weight loss”, accompanied by FSSAI logo were not substantiated with evidence of product efficacy, and are misleading by exaggeration and implication that FSSAI has approved the product efficacy / claims made in the advertisement, and exploits consumers’ lack of knowledge. The efficacy being depicted via visuals of before and after the treatment are misleading by gross exaggeration. The Ad – advertorial contravened Chapters I.1, I.4 and I.5 of the ASCI Code. The complaint was UPHELD.

 

COMPANY:"UNSP-Packaged Rice"
PRODUCT:"Doctor Rice"

COMPLAINT:

"1. This rice does not increase diabetes. 2. Sugar free rice."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the concerned Media (Andhra Jyoti) 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 as translated in English, “This rice does not increase diabetes”, was not substantiated with evidence of product efficacy. Claim, “Sugar Free Rice”, was not substantiated with any evidence of the ingredients present in the product. The claims are misleading by exaggeration. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD. "

 

COMPANY:"Kwality Limited"
PRODUCT: (Kwality Milk)

COMPLAINT:

“Milk with power of protein” Objection Claim misleading by implication that other milk from other sources lack power of protein"

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI had 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 which they did not avail, but sought for an Informal Resolution (IR) of the complaint by agreeing to follow the ASCI Code. However, the advertiser did not submit the necessary undertaking required for IR, but provided their detailed response to the objection raised in the complaint. Hence the complaint was processed for CCC deliberations. The advertiser had stated in their response that the purpose of the advertisement was only to highlight one of the key product ingredients that is beneficial, and to inform consumers that by drinking milk itself can fulfil much of the daily protein requirement. In support of their response, the Advertiser provided copy of the product labels. Upon carefully viewing the print advertisement, examining the complaint and the response given by the advertiser, the CCC observed that the headline claim, “Milk with protein ki Shakti” creates an impression that Kwality milk has some fortification or added protein than milk from other sources which lack power of protein. The claim is misleading by ambiguity, and implication, and exploits the consumers’ lack of knowledge. The advertisement contravened Chapters I.4 and I.5 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Cargill India Pvt Ltd"
PRODUCT: Leonardo Olive Oil

COMPLAINT:

"Leonardo Cook Oil claims to makes deep fried food healthier” Advertisement has Visual of paneer pakoda"

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI had 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 which they did not avail, but submitted their written response. Subsequently, they were provided with an opportunity to discuss their submission via telecon. The advertiser had stated in their response that the claim is being made in comparison with Soyabean Oil, and is based on interpretation of the result of analytical test conducted by a testing lab. The test results showed that the different recipes deep fried in the Olive Oil had consumed lesser oil as compared to Refined Soyabean Oil. The absorbability of Refined Soyabean Oil in Paneer Pakoda was found 51.52 % more than Leonardo olive Pomace oil. The test on palatability/acceptance of the recipes cooked (deep frying) in Olive Pomace oil as against Refined Soyabean Oil showed that the taste of Paneer Pakoda fried in Leonardo Olive Pomace Oil was found to be better as compared to Refined Soyabean Oil. As claim support data, the advertiser provided a copy of analytic test report, and a copy of expert report. 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 Technical expert presented at the meeting. The CCC observed that the claim, “Leonardo Cook Oil claims to makes deep fried food healthier”, was qualified via disclaimer to mention “In comparison with Soyabean oil as per the tests conducted by NABL accredited lab under standard lab conditions”. The CCC considered that deep fried foods are unhealthy due to their higher oil content and higher intakes due to taste factor and in general, these are to be avoided to reduce energy intake through fat. As per test results, the Leonardo oil if used for frying absorbs almost 50% less oil when deep frying was done. On this count at the most it can be considered as “unhealthy to a lesser degree”. The CCC was of the view that mere decreased content of oil will not make fried foods healthy as consumption of fried foods goes against the general healthy lifestyle concept. Moreover, this comparison was only against food fried in refined Soyabean oil. As per ASCI guidelines on disclaimers, the basis of comparison must be stated in a font size that is at least 25% of the size of the claim which is being qualified and positioned in close proximity of the claim. Based on this data, the CCC concluded that claim, “Leonardo Cook Oil claims to makes deep fried food healthier”, is misleading by ambiguity and implication. The subject matter of comparison was chosen in such a way as to confer artificial advantage upon the advertiser. There is likelihood of the consumer being mislead as a result of the comparison. The advertisement contravened Chapters I.4 and IV.1 (b) (c) (d) of the ASCI Code. The disclaimers in the advertisement were not legible, and the basis of comparison claim which is being qualified was not positioned in close proximity of the main claim. The advertisement contravened Clauses V and VII of ASCI Guidelines for Disclaimers. The complaint was UPHELD."

 

COMPANY:"Simbhaoli Sugars Ltd - Trust Range of Products"
PRODUCT: G – Low Sugar

COMPLAINT:

“Low GI sugar with 100% natural sugarcane extracts and it helps keep blood sugar stable”

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI had 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 which they availed, and submitted their written response. The advertiser had stated in their response that the recently launched product - G-Low Sugar is added with 100% sugarcane extract (Phytolin) of which Glycemic lndex{GI) is less than 55 compared to available market sugar which has GI of more than 70. As claim support data, the advertiser provided copy of FSSAI license, detailed product specification of Phytolin, sample of the product, note on G low sugar, and copy of analytic test report. The claim support data was reviewed by the technical expert of ASCI. The CCC viewed the print advertisement – advertorial and considered the Advertiser’s response as well as the opinion of Technical expert presented at the meeting. The CCC noted that the Australian data is with reference to Phytolin and not specific to G-Low Sugar. As per this reference, Phytolin if added in adequate quantities to sucrose based beverages and high Glycemic Index foods, lowers their Glycemic Index. However, the reference does not state that the Sugar will be low GI. It’s calorific value is essentially the same as regular sugar. Advertiser did not provide any details regarding the quantity of Phytolin added in the product / its content per serving. The analytical data from the Indian Lab has by calculation termed it as “Low GI” which is not scientifically acceptable as it appears to be an in vitro method. All major international standards follow UN guidelines in which human subjects are used for GI testing. The Australian Standard for 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.” Since in vitro method cannot be correlated with in vivo method, any claim on GI made based on in vitro method (in vitro) is not acceptable. The CCC further observed that even though the product may have a low GI value, the advertised product is an ingredient and it is not consumed alone. The preparation and combination with other foods can alter its Glycemic index. The type and proportion of sugar or starch in a food affects glycaemic index, so do a lot of other factors in the meal—the way the food has been cooked, the presence of fiber, protein, fat, alcohol or acid will all affect the glucose response. Exercising and activity around a meal will affect it, too. Hence the evidence of glycemic index centred ingredient’s helpfulness by itself alone is weak. The CCC was of the view that Standardized glycemic index and glycemic load studies and data with the final product vis a vis regular sugar should be generated before such label claims are made. The product claim “…helps keep blood sugar stable” implies that the product controls sugar which is likely to mislead the consumers that the product is beneficial for Diabetics. Based on this assessment, the CCC concluded that the claim, “Low GI sugar with 100% natural sugarcane extracts” and “it helps keep blood sugar stable”, were inadequately substantiated. The claim are misleading by ambiguity, implication and exaggeration and exploit consumers’ lack of knowledge.. The advertisement – advertorial contravened Chapters I.1, I.4 and I.5 of the ASCI Code as well as Guidelines on advertising of Foods and Beverages. The complaint was UPHELD."

 

COMPANY:"Flipbald Health And Wellness"
PRODUCT: Flipbald Green Coffee Beans and Forume Oil

COMPLAINT:

"1. The testimonial in the advertisement suggest that the user tried everything including medicines, home remedies, Diet and Exercise but nothing worked. Suggesting that only taking Flipbald Green Coffee bean he was able to reduce weight. The testimonial in the advertisement is misleading. 2. Claiming loss of 23kg in a month easily. 3. Effective, natural and safe method to reduce weight, reduces cellulitis, reduce stubborn fat. 4. Visuals in the advertisement are misleading 5. Misuse of FSSAI Logo in the advertisement"

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 had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the Ad – Advertorial and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that the testimonial claims of Mr. Abhishek Jain (in Hindi) as translated in English, “……… tried everything including medicines, home remedies, Diet and Exercise but nothing worked. Only taking Flipbald Green Coffee bean the weight was reduced …..”, “loss of 23kg in a month easily”, and “Effective, natural and safe method to reduce weight, reduces cellulitis, reduce stubborn fat”, accompanied by FSSAI logo were not substantiated with evidence of product efficacy, and are misleading by exaggeration and implication that FSSAI has approved the product efficacy / claims made in the advertisement. The testimonial of the person, with efficacy being depicted via visuals of before and after the treatment are misleading by gross exaggeration, and exploits consumers’ lack of knowledge. The advertisement – advertorial contravened Chapters I.1, I.4 and I.5 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Cargill India Pvt Ltd"
PRODUCT: Leonardo Olive Oil

COMPLAINT:

"1. Makes you feel light 2. 33% oil saved"

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI had 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 which they did not avail, but submitted their written response. Subsequently, they were provided with an opportunity to discuss their submission via telecon. The advertiser had stated in their response that the claims have been made after comparing the product with Refined Soyabean Oil, and are based on interpretation of the result of analysis conducted by testing lab. The test results show that the different recipes deep fried in the Olive Oil had consumed lesser oil as compared to Refined Soyabean Oil. In all the recipes, Soyabean Oil has been absorbed more than 33% as compared with Olive Pomace Oil. Claim of “Makes you feel light” is a derived benefit highlighting the characteristics of Olive Oil and the fact that the food can be cooked in Olive Oil in lesser quantity. It is evident from the lab test report, that Olive Oil is absorbed less as compared to Soyabean Oil resulting in low intake of oil in the food fried in Olive Oil and thus the consumer is expected to feel light due to low intake of oil. As claim support data, the advertiser provided a copy of analytic test report, and a copy of expert report Assistant Professor, of Institute of Chemical Technology. 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 Technical expert presented at the meeting. The CCC observed that the claim, “makes you feel light” is an assumed conclusion since less oil is absorbed so less calories hence there would be weight loss. Theoretically maybe, but in actual terms there needs to be a clinical study of a reasonable duration to make this claim. Olive oil will be 33% less only when consumed as deep fried foods. In all other ways of cooking, there was no evidence that the consumption would be different. Weight loss is not just related to fat intake but more to refined carbohydrate intakes. Most of the fried foods contain a good amount of carbohydrates which actually contribute more to calories even though they give only 4Kcals compared with fat. The expert report provided by the advertiser stated that the 33% reduction is from the total fat calories. Even there only 50% are through visible fat while the remaining 50% comes from invisible fat from other food sources. Olive oil will reduce the energy intakes only to the extent of deep fried foods which an individual consumes. Only those who are regularly and more than adequately consuming fried foods could reduce a bit should be demonstrated through a study to make that claim. The claim could encourage fried foods particularly in young people. Based on this data, the CCC concluded that the claim, “Makes you feel light”, was inadequately substantiated. The claim is misleading by ambiguity and implication and exploits consumers’ lack of knowledge. The advertisement contravened Chapters I.1, I.4 and I.5 of the ASCI Code. This complaint was UPHELD. Based on the explanations given by the advertiser with the lab test report, the CCC concluded that the claim, “Saves 33% use of oil”, was substantiated to prove that this oil absorbs less by 33% plus as compared to Soyabean oil. This was explained by way of a disclaimer which was in close proximity with the claim. This complaint was NOT UPHELD."

 

COMPANY:"Vimals Oil Food Ltd"PRODUCT: Vimal Edible Oil

COMPLAINT:

"1. The highest nutrient value. 2. Only Vimal cooking oil is made of nutrition retention technology"

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

The ASCI had 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 which they did not avail, but replied requesting for an extension of time to submit their response. The advertiser was granted an extension of two days to the standard lead time of seven days to submit their reply in response to their request for this extension. The CCC viewed TVC and in the absence of specific comments from the advertiser, the CCC concluded that the claims, “The highest nutrient value” and “Only Vimal cooking oil is made of nutrition retention technology”, were not substantiated with comparative technical data or third party test reports, and are misleading by gross exaggeration. The TVC contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD.

 

COMPANY:"Shradha Ashram"
PRODUCT: Shradha Ashram Herbal Tea

COMPLAINT:

“Protect from depression, ageing process and fear of diseases”

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

The ASCI approached the concerned Media (Kaatyani TV) 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 TVC. In the absence of response from the concerned media and comments from the advertiser, the CCC concluded that the claim, “Protect from depression, ageing process and fear of diseases”, was not substantiated with clinical evidence of product efficacy, and are misleading by gross exaggeration, and exploits consumers’ lack of knowledge. The TVC contravened Chapters I.1, I.4 and I.5 of the ASCI Code. The complaint was UPHELD.

 

COMPANY:"Tata Global Beverages Ltd"
PRODUCT:PRODUCT: Tata Water Plus

COMPLAINT:

1. India’s First nutrient water 2. Tata Water Plus contains nutrients such as copper which helps support body functions and zinc with highlighted copy which helps strengthen the immune system. 3. A liter of this wonder drink meets 40% RDA for copper and 30% for zinc.

NATURE OF COMPLAINT:

"1. Please substantiate claims 1, 2 and 3 with claim support data. The claim support data should not be internal or based on studies commissioned by Tata Water Plus. 2. Reference to claim 2; please substantiate if the amount of zinc and copper are sufficient to be effective as claimed. According to us, the advertisement contravenes Chapter 1.1,1.2,1.4 and 1.5 of ASCI code. Action to be taken: We propose that the advertisement should be immediately withdrawn”"

Recommendation: NOT UPHELD

"The ASCI had approached the advertiser for their response in addressing the grievances of the complainant and forwarded the details of the complaint, verbatim, to the advertiser with a request to respond to the same. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat which they availed and submitted their written response. Upon carefully viewing the website advertisement, examining the complaint and the response given by the advertiser, the CCC observed that - For the objection raised against the claim, “India’s first nutrient water”, advertiser stated that the product is Nutrient Water enriched with minerals such as Copper and Zinc. At the time of the development of the Product, they found that there were no other such products in India. Further, there was also no public information to the contrary. Based on this information, they have claimed their product to be the first in India. For the claim, “Tata Water Plus contains nutrients such as copper which helps support body functions and zinc which helps strengthen the immune system”, the advertiser stated that Copper and Zinc are important nutrients, which have several beneficial properties attributed to them. In support, the advertiser provided relevant extracts from various research articles and published literature relating to Copper helping to support body functions, and Zinc helping to strengthen the immune system. For the claim, “A litre of this wonder drink meets 40% RDA for copper and 30% for zinc”, advertiser stated that as per the formulation, the product contains 0.8 mg of Copper per litre, and 3 mg of Zinc per litre. The advertiser provided test reports by independent FSSAI approved external laboratories, which established that the product provides 40% of the RDA of copper (i.e. 0.8 mg calculated in relation to RDA of Copper at 2 mg/day) and 30% of the RDA of Zinc (i.e. 3 mg calculated in relation to the RDA of Zinc at 10 mg/day), through one litre of the Product. Based on the advertiser’s response with the supporting data provided, the CCC concluded that the claims, “India’s first nutrient water”, “Tata Water Plus contains nutrients such as copper which helps support body functions and zinc which helps strengthen the immune system”, and “A litre of this wonder drink meets 40% RDA for copper and 30% for zinc”, were substantiated. The complaint was NOT UPHELD."

 

COMPANY:"Flipbald Health & Wellness"
PRODUCT:Flipbald Sexual Problems

COMPLAINT:

1. Treatment of sex problems is possible through Flipbald's Modern and vedic method. 2. Gives 100% treatment or get money back. 3. Misuse of FSSAI logo in the advertisement

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 had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the Ad – Advertorial. Upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that the claim (in Hindi) as translated in English, “Treatment of sex problems is possible through Flipbald's Modern and vedic method”, accompanied by FSSAI logo was not substantiated with clinical evidence of treatment/product efficacy, and is misleading by exaggeration and implication that FSSAI has approved the treatment/product efficacy / claims made in the advertisement. The advertisement exploits consumers’ lack of knowledge. Claim, “Gives 100% treatment or get money back”, was not substantiated with supporting evidence of the customers who were refunded with the money back, if they were not given 100% treatment. The Ad – advertorial contravened Chapters I.1, I.4 and I.5 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Flipbald Health And Wellness Product"
PRODUCT:Flipbald De-addiction Powder

COMPLAINT:

1. Claims to quit intoxication. 2. It balances the Dopamine level and give riddance from every type of addiction. 3. Use of FSSAI logo is 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 had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the advertisement and observed that it shows an FSSAI logo and claims that the product quits intoxication, and balances the Dopamine level and give riddance from every type of addiction. Upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that the claims (in Hindi) as translated in English, “quit intoxication”, and. “It balances the Dopamine level and give riddance from every type of addiction”, accompanied by FSSAI logo were not substantiated with evidence of product efficacy, and are misleading by exaggeration and implication that FSSAI has approved the product efficacy / claims made in the advertisement. The advertisement exploits consumers’ lack of knowledge. The advertisement contravened Chapters I.1, I.4 and I.5 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Flipbald Health And Wellness Product"
PRODUCT:Flipbald De-addiction Powder

COMPLAINT:

"“Patient got riddance from 15 years of addiction” “Completely natural and safe method” Use of FSSAI logo is 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 had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the Ad – Advertorial claiming testimonial of Vijay Chauhan, and observed that it shows an FSSAI logo and claims that the “Patient got riddance from 15 years of addiction”, and “Completely natural and safe method”, which are grossly misleading and exploit consumers’ lack of knowledge. These claims were not substantiated with evidence of product efficacy, and are misleading by exaggeration and implication that FSSAI has approved the product efficacy / claims made in the advertisement. The Ad – advertorial contravened Chapters I.1, I.4 and I.5 of the ASCI Code. The complaint was UPHELD.

 

COMPANY:"Flipbald Health and Wellness Product"
PRODUCT:Flipbald De-addiction Powder

COMPLAINT:

"“Patients got riddance from chronic intoxication” “No side effects such as dizziness or vomiting” “This ayurvedic formula is made by thousand years old method which gives freedom in short time from alcohol, drug, tobacco” Use of FSSAI logo is 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 had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the Ad – Advertorial claiming testimonial of Meenakshi Kataria and observed that it shows an FSSAI logo and claims that the “Patients got riddance from chronic intoxication”, “No side effects such as dizziness or vomiting”, and “This ayurvedic formula is made by thousand years old method which gives freedom in short time from alcohol, drug, tobacco”, which are grossly misleading. The claims were not substantiated with evidence of product efficacy, and are misleading by exaggeration and implication that FSSAI has approved the product efficacy / claims made in the advertisement. The advertisement exploits consumers’ lack of knowledge The Ad – advertorial contravened Chapters I.1, I.4 and I.5 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Nurture Health Care"
PRODUCT:

Ayurex-S Capsule

COMPLAINT:

"1. With Ayurex S you will never disappoint your partner. 2. Impress your partner in such a way that they always admire you. Objection: The visual in the ad read in conjunction with the claim objected to imply that the product is meant for the enhancement of sexual pleasure."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The maintenance or improvement of the capacity of human beings for sexual pleasure Section 3(b) - DMR Schedule"

 

COMPANY:"Ayurmed Herbs & Pharmaceuticals"PRODUCT: Ayurmed Herbs & Pharma Range Of Products

COMPLAINT:

"AJMODH RAS – It prevents Cancer, Stone formation, Diabetes, Kidney problem."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"Cancer Item No. 6- DMR Schedule Kidney Stones: Item No. 22, DMR Schedule Diabetes: Item no. 9, DMR Schedule"

 

COMPANY:"Arogiya Clinic"

COMPLAINT:

"All kind of diseases will be cured- Kidney stones & Gall bladder stones are removed within 3 - 6 months without surgery"

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"Stones in kidney, gall bladder Item no. – 22- DMR Schedule"

 

COMPANY:"Chetan Clinic"
PRODUCT:

COMPLAINT:

1. To increase sex timing. 2. Sure permanent treatment for night fall, discharge, premature ejaculation, impotency."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The maintenance or improvement of the capacity of human beings for sexual pleasure Section 3(b) - DMR Schedule Sexual Impotence-Item No.45, DMR Schedule"

 

COMPANY:"Dr Asma Herbal"
PRODUCT:Commando Range Of Products

COMPLAINT:

"COMMANDO -OIL 1. To be very popular among men. 2. Use Commando oil with commando capsules Objection: The claims in the ad and pack visual imply that the product is meant for enhancement of sexual pleasure"

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The maintenance or improvement of the capacity of human beings for sexual pleasure Section 3(b) - DMR Schedule"

 

COMPANY:"Dr Dassans Ayurvedic Centre"
PRODUCT:Dr Dassans Ayur Neuro Treat & Res Cent

COMPLAINT:

"1.Paralysed patient is saved from disability 2. The patient (testimonial -Soam Dutt) whose legs, forearms, and tongue were stopped working is now cured with Dr. Dassan's few days treatment"

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

Paralysis Item No. 39- DMR Schedule

 

COMPANY:"Dextrix Solutions LLP"PRODUCT: Healthy Life

COMPLAINT:

"1. HEALTHY LIFE – “Now He/She loves you one more time” 2. Gives instant power to your penis and also gives longer duration which will satisfy your partner Objection: The visual in the ad read in conjunction with the claim imply that the product is meant for the enhancement of sexual pleasure."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The maintenance or improvement of the capacity of human beings for sexual pleasure Section 3(b) - DMR Schedule"

 

COMPANY:"Only Ayurved"
PRODUCT:"Heart Re Booster"

COMPLAINT:

"Regular consumption protects you from heart failure, heart attack, angina and heart related problems and stroke also."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"Regular consumption protects you from heart failure, heart attack, angina and heart related problems and stroke also."

 

COMPANY:"Herbal No. 1 Range Of Products"

COMPLAINT:

"“To eradicate masculine weakness due to old mistakes, removes loose nerves and gives tremendous masculine strength” Objection: The visual in the ad read in conjunction with the claim imply that the product is meant for the enhancement of sexual pleasure."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The maintenance or improvement of the capacity of human beings for sexual pleasure Section 3(b) - DMR Schedule"

 

COMPANY:"Juneja Ayurveda"

COMPLAINT:

"1. Get vigour of 25 at the age of 55 2. Your partner will admire you Objection: The visual in the ad read in conjunction with the claims imply that the product is meant for the enhancement of sexual pleasure."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The maintenance or improvement of the capacity of human beings for sexual pleasure Section 3(b) - DMR Schedule"

 

COMPANY:"Gaharwar Pharma Products Pvt Ltd."
PRODUCT: P V Tone Range Of Products

COMPLAINT:

"1. For Men only 2. Every man can lead satisfied and happy life. Objection: The visual in the ad read in conjunction with the claim imply that the product is meant for the enhancement of sexual pleasure."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The maintenance or improvement of the capacity of human beings for sexual pleasure Section 3(b) - DMR Schedule"

 

COMPANY:"Gaharwar Pharma Products Pvt Ltd."PRODUCT: P V Tone Range Of Products

COMPLAINT:

"1. To get instant pleasure. Objection: The visual in the ad read in conjunction with the claim imply that the product is meant for the enhancement of sexual pleasure."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The maintenance or improvement of the capacity of human beings for sexual pleasure Section 3(b) - DMR Schedule"

 

COMPANY:"Raja Dawakhana"
PRODUCT:

COMPLAINT:

"Guaranteed treatment of discharge, wet dreams, nil sperms, length and thickness, premature ejaculations."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The maintenance or improvement of the capacity of human beings for sexual pleasure Section 3(b) - DMR Schedule"

 

COMPANY:"Sablok Pharmacy"
PRODUCT:

COMPLAINT:

"Sexual Problems - Get back lost strength/stamina. Objection: The visual in the ad read in conjunction with the claim imply that the product is meant for the enhancement of sexual pleasure."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The maintenance or improvement of the capacity of human beings for sexual pleasure Section 3(b) - DMR Schedule"

 

COMPANY:"Anant Ayurvedic Clinic"
PRODUCT:

COMPLAINT:

“Permanent treatment of venereal diseases and impotency”

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The maintenance or improvement of the capacity of human beings for sexual pleasure Section 3(b) - DMR Schedule Venereal diseases including syphilis, gonorrhoea, soft chancre, venereal granuloma and lymph granuloma- Item no. 54 - DMR Schedule Sexual Impotence-Item No.45, DMR Schedule"

 

COMPANY:"Dr Dhillons Clinic"
PRODUCT:

COMPLAINT:

"“Successful treatment of venereal diseases, masculine weakness, premature ejaculation, discharge, lack of sperm and diabetes, its related problems since 44 years.” Objection: The visual in the ad read in conjunction with the claim imply that the product is meant for the enhancement of sexual pleasure."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"Venereal diseases including syphilis, gonorrhoea, soft chancre, venereal granuloma and lymph granuloma: Item no. 54 - DMR Schedule The maintenance or improvement of the capacity of human beings for sexual pleasure Section 3(b) - DMR Schedule Diabetes: Item no. 9, DMR Schedule"

 

COMPANY:"Gaharwar Pharma Products Pvt Ltd."PRODUCT: P V Tone Range Of Products

COMPLAINT:

""1. Power & Vitality. Objection: The visual in the ad read in conjunction with the claim objected to imply that the product is meant for the enhancement of sexual pleasure.""

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

The maintenance or improvement of the capacity of human beings for sexual pleasure Section 3(b) - DMR Schedule"

 

COMPANY:"Gaharwar Pharma Products Pvt Ltd."

COMPLAINT:

"“P.V tone oil and capsule is an amazing formula.” The visual in the ad read in conjunction with the claim imply that the product is meant for the enhancement of sexual pleasure."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The maintenance or improvement of the capacity of human beings for sexual pleasure Section 3(b) - DMR Schedule"

 

COMPANY:"Sahar S.S. Oil and Powder"
PRODUCT:

COMPLAINT:

"S.S Tel & Powder- “To develop organ” – tried by thousands The claim implies that the product is meant for the enhancement of sexual pleasure."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The maintenance or improvement of the capacity of human beings for sexual pleasure Section 3(b) - DMR Schedule"

 

COMPANY:"Mard Extra Time Vati"
PRODUCT:

COMPLAINT:

"1. To increase sex time. 2. To be useful for premature ejaculation. The claims imply that the product is meant for the enhancement of sexual pleasure."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The maintenance or improvement of the capacity of human beings for sexual pleasure Section 3(b) - DMR Schedule"

 

COMPANY:"Shivam Homeo Clinic"
PRODUCT:

COMPLAINT:

“Successful treatment of venereal diseases.”

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"Venereal diseases including syphilis, gonorrhoea, soft chancre, venereal granuloma and lymph granuloma: Item no. 54 - DMR Schedule"

 

COMPANY:"S D Industries"
PRODUCT:Zosh Rang Of Products

COMPLAINT:

"“Where there is Zosh there is happiness” Objection: The visual on the product packaging read in conjunction with the claim imply that the product are meant for the enhancement of sexual pleasure."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The maintenance or improvement of the capacity of human beings for sexual pleasure Section 3(b) - DMR Schedule"

 

COMPANY:"Polycab Wires Pvt Ltd."PRODUCT: Polycab Cables & Wires

COMPLAINT:

Polycab.pdf

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the grievances of the complainants and forwarded the details of the complaints, verbatim, to the advertiser with a request to respond to the same. No response was received from the advertiser prior to the prescribed due date for this complaint, despite ASCI reminder. The matter was decided exparte by the CCC. On informing the advertiser of an exparte decision, they informed that they had not received any of the earlier communications from ASCI. Hence as a special gesture the advertiser was granted an extension of three days to submit their response and their representatives were given personal hearing by the ASCI Secretariat. Subsequently, the advertiser responded stating that the claim made is basis the tests conducted by a third party lab which shows that the resistance of Polycab wires is almost 50% less than three other market samples tested. The power loss in the Polycab cable is one third to one fourth that of other cables. The temperature rise is half to one third of the other wires tested. Only Polycab wires show a resistivity that betters the IS standard of 17.24 Ohm-mm2 per Km. Due to the greater purity of the copper in the conductor, Polycab wires have the least resistance and are one of the most efficient conductors of electricity, in fact almost two to three times superior to others tested. The lab reports confirm substantial electricity savings with the use of Polycab wires. As claim support data, the advertiser provided copy of the third party test reports. The advertiser further stated that this commercial like many other commercials uses a bit of exaggeration to make a point 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 Technical expert presented at the meeting. The CCC observed that the TVC shows neighbours comparing their electricity bills, with one using Polycab wires and using all appliances (and also shown partying with greater electricity consumption) and the other using a broom (no vacuum cleaner) and a coal iron (instead of a electric iron), and still receiving higher electricity bills despite conscious reduction in usage. The disclaimer in the TVC says that the comparison is with unbranded copper wire whose purity is less than 99.8% and resistivity is greater than 17.24 ohms-mm@/km, and that savings depends on length of cable and load. The CCC did not agree with the advertiser’s contention that the communication should be treated as puffery. The advertisement, in fact suggests that the power consumed in using a Polycab cable along with a vacuum cleaner and an electric iron is significantly less than that of using ""ordinary"" wire without the two devices. The advertiser has not shown in their submitted documents nor have they proved under what assumptions (load, wire length) their claim as depicted in the advertisement will be true. The CCC concluded that in the context of the situations depicted in the advertisement, the claim of power saving (“Polycab Wires lagao aur bijli bachao”,) was not substantiated and is misleading by implication. Moreover, in view of the CCC, a small saving, if any, is being projected as a significant savings . The TVC contravened Chapter I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Eastern Media Limited (Kanak News)"
PRODUCT:

COMPLAINT:

“Kanak News which is a distant no. 3 player amongst Odia news TV channels has recently launched a communication on digital claiming to be No. 1 Odia Digital News. The same has been uploaded on their social media pages, picture of which are attached. This information is neither correct nor is justified with facts. Kanak News is a bunch of frustrated people who because have never tasted success in their entire existence on TV, have become frustrated off late and have delved to such cheap parlor gimmicks of attracting the digital audience.. Second, no significant data has been provided to validate the tall claim as it is completely false. Even in terms of sheer page views on website or the no. of followers on twitter and youtube(both of which are available on the public domain) they are much behind the market leader OTV. Hence our complaint is to take down any such deceiving piece of information that this third tier odia news channel has posted across Digital media.”

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI had approached the advertiser for their response in addressing the grievances of the complainant and forwarded the details of the complaint, verbatim, to the advertiser with a request to respond to the same. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat which they did not avail, but on their request, they were provided with an opportunity to discuss their submission via telecon, Subsequently, the advertiser submitted their written response. Advertiser stated in their response that they broadcast their news digitally in Odia language and OTV does it in English, their overall engagements across all digital platforms are undisputedly higher than OTV. According to the Annual video report of Vidooly, Kanak News is the No.1 YouTube News Channel in Odisha and ranked 28th in the country, whereas OTV is ranked 42nd. The same report further states that in 2017, Kanak News had a subscriber base of 270.25K and has 123.94 million views whereas during the same period, OTV had a subscriber base of 289.47K but only 71.27 million views. The advertiser agrees that Kanak News Channel is largely a No. 3 player amongst Odia news TV channels. However, Television Rating Point (TRP) is not a yardstick to measure the popularity or rating of the digital platform. As claim support data, the advertiser provided copy of the Vidooly’s Annual Digital Video Report, and the Comparative data of Kanak News and OTV’s YouTube channels monthwise for the year 2017. The claim support data was reviewed by the technical expert of ASCI. The CCC viewed the Facebook and the Twitter advertisement and considered the Advertiser’s response as well as the opinion of Technical expert presented at the meeting. The CCC observed that the Complainant has not provided comparative numbers for their digital footprints. On viewing the Odisha TV's Facebook and Twitter pages, it was seen that while it has a lead over Kanak TV on Twitter, it is only slight ahead on its Facebook followers. On YouTube, Kanak has 319k subscriptions while OTV News has 349k. The advertiser’s assertion that Odisha TV News publishes content in English was not factual as Odisha TV runs two news sites, odishatv.in and khabar.odishatv.in, the latter being entirely in Odia. The data provided by the advertiser for their digital footprint was not adequate to unequivocally substantiate the claim of ""No. 1 Odia News Digital Platform"". Based on this data, the CCC concluded that the advertiser claiming their channel – Kanak News to be “No. 1 Odia News Digital Platform”, was inadequately substantiated and is misleading by exaggeration. The complaint was UPHELD."

 

COMPANY:"Torque Pharmaceuticals Pvt Ltd."PRODUCT: Ketomac Anti-dandruff Shampoo

COMPLAINT:

"https://m.youtube.com/watch?v=_qiFmum8dIQ A girl tells her mom about a field trip which is a lie for a party. It is not required or meaningful to the product. Also the blase manner in which she is lying to the unsuspecting mom sends a message to youngsters that it is ok and even funny to lie to your parents about where a young girl may be. It is not a safe message."

NATURE OF COMPLAINT:

 

Recommendation: NOT UPHELD

"The ASCI had 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 which they did not avail, but replied through their Advocate’s requesting for an extension of on one week to submit their response. 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 this extension. Advocate, on behalf of the advertiser, submitted their written response. Advocate in their response stated that the commercial shows the affirmative effects of the product and nothing immoral has been shown which could corrupt the minds of people. The fact that the girl (adult) shown in the TVC has gone to a party cannot be construed to mean that she has lied to her mother. Upon carefully viewing the TVC, examining the complaint and the response given by the advertiser, the CCC concluded the TVC showing the girl telling her mother that she would come home late from college as there is a historical tour, and then she is shown partying / dancing with her friends, was not likely to cause grave and widespread offence. The complaint was NOT UPHELD."

 

COMPANY:"Nagpur Metro Rail Corporation Limited"
PRODUCT:

COMPLAINT:

"“The Greenest Metro in the world”"

NATURE OF COMPLAINT:

"Nagpur metro has put an advertisement in burdi, in nagpur as greenest metro in world .Nagpur metro is advertising to be greenest metro in world. There are other metros in world like delhi metro. And foreign metros. Can Nagpur Metro say that they are greenest Metro in the world? We think there is need to specify that with proper documentation."

Recommendation: UPHELD

The ASCI had approached the advertiser for their response in addressing the grievances of the complainant and forwarded the details of the complaint, verbatim, to the advertiser with a request to respond to the same. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat which they did not avail, but submitted their written response post the due date. The advertiser argued that the hoarding or information fixture/panel, is not an advertisement but an attempt on part of the advertiser to spread awareness about safety and environment issues in Nagpur. They further stated that as part of their commitment to conserve nature, they have initiated the process of transplanting trees to conserve ecology. 65 % of their total power requirement is to be met by solar energy. 5,500 trees have been planted in Nagpur and have also installed vertical gardens on their piers. The advertiser has also entered into an agreement with DRDO for bio-digesters, which aims at recycling of used water. The CCC viewed the Ad – Hoarding and considered the advertiser’s response. The CCC did not agree with the advertiser’s contention that the said hoarding is not an advertisement, but just an information fixture. The CCC emphasized that ASCI Code's definition of Advertising states that "Any communication which in the normal course would be recognised as an advertisement by the general public would be included in this definition even if it is carried free-of-charge for any reason”. Therefore promotion and content vide hoarding, paid or unpaid, has to be considered as Advertising. The CCC observed that the advertiser has made only assertions regarding the project being constructed in Nagpur, but did not provide any relevant authentic documentation of the project, or any comparative data of Nagpur metro with other metros worldwide for claiming to be the Greenest metro in the world. In the absence of claim support data, the CCC concluded that the claim, Nagpur metro – “The Greenest Metro in the world”, was not substantiated and was misleading by gross exaggeration. The Ad – Hoarding contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD.
 

COMPANY:"Lifespan Wellness Pvt. Ltd."
PRODUCT:Lifespan Diabetes Clinic

COMPLAINT:

"They claim to treat diabetes and bring it under control I have taken, one year membership, which I had to discontinue, because they dont have good doctors on their, there is no rational/professional approach in controlling diabetes. Due to treatment prescribed by them, twice i suffered from severe low sugar. I am attaching copy of ad appeared in Mumbai Mirror (Mumbai-Edition) of 28 Febrauar-2018. I have done marking on the ad, which states following; 1. Most diabetics get only, half the care they need, get the full care with expert dialectologist and comprehensive treatment at life span. 2. 70% of Lifespan patient successfully managed there, high blood sugar by actively adhering to the full care R.I.S.C. based treatment. I am the victim of their advertisement. I felt prey to their false claim. Please request them to corroborate their claim or advise them to desist from this kind of propaganda, so that others do not suffer."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the grievances of the complainant and forwarded the details of the complaint, verbatim, to the advertiser with a request to respond to the same. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint, despite a reminder from ASCI. Upon viewing the print advertisement, and in the absence of any comments or response from the Advertiser, the CCC concluded that the claim, “Can’t get Diabetes under control? Get comprehensive solutions and treatments ……” implying cure for Diabetes, was not substantiated with supporting clinical evidence and is misleading by exaggeration and implication. Claims, “Most diabetics get only, half the care they need, get the full care with expert dialectologist and comprehensive treatment at life span”, and “70% of Lifespan patient successfully managed there, high blood sugar by actively adhering to the full care R.I.S.C. based treatment”, were not substantiated with supporting data and are misleading by exaggeration. The CCC referred to an earlier complaint (1801-C.2125) wherein for the same product/ service, objections against the claim, “Over 70% of our patients have successfully……” was Upheld. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Super Science of Healing Methods"PRODUCT: Dr. R.K Aggarwal

COMPLAINT:

"Have you Stones? Remove in 35 Days without operation. The advertisement claims to remove Gall Bladder and Kidney stones within 35 Days. This advertisement is in contravention of Schedule J of Drugs and Cosmetics Rules and DMR Act 1954"

NATURE OF COMPLAINT:

Recommendation: UPHELD

The ASCI approached the advertiser for their response in addressing the grievances of the complainant and forwarded the details of the complaint, verbatim, to the advertiser with a request to respond to the same. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. Advertiser did not provide details of the treatment procedure nor any data for claimed treatment based on rigorous trial on statistically significant number of patients. No details regarding the medicines, their approval status by the regulatory authorities was provided by the advertiser. The CCC viewed the print advertisement and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that the claim, “Have you Stones? Remove in 35 Days (First Time) without operation”, was not substantiated with supporting clinical evidence, and is misleading by exaggeration and 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:"Hicks Thermometers India Limited"
PRODUCT:Hicks Thermometers

COMPLAINT:

“In tv advertisement it is claimed by company that hicks thermometer is 100 years old but if we check the history of company it is established in 1962. Then how company can claim that it is 100 years old.”

NATURE OF COMPLAINT:

 

Recommendation: NOT UPHELD

"The ASCI had approached the advertiser for their response in addressing the grievances of the complainant and forwarded the details of the complaint, verbatim, to the advertiser with a request to respond to the same. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat which they did not avail, but replied requesting for an extension of one week to submit their response. The advertiser was granted an extension of two days to the standard lead time of seven days to submit their reply in response to their request for this extension. Advertiser in their response stated that their organization was formed in 1962 in collaboration with Heath Hicks and Perkins, England, who were owners of the trademark Hicks. Hicks England who were pioneers and inventors of glass clinical thermometer, had patents for clinical Thermometer and other devices since 1880. In support of their submission, the advertiser provided website screen shots of data collection from National Museum of American History collection. Upon carefully viewing the TVC, examining the complaint and the response with the supporting data given by the advertiser, the CCC concluded that the protagonist in the TVC “Hicks Thermometer – yeh barosa hai sauo varshon ka”, and the claim of “100 Years” shown in the TVC was substantiated. The complaint was NOT UPHELD."

 

COMPANY:"Oppo Mobile "
PRODUCT:"Oppo F5"

COMPLAINT:

"The advertisement is for selling Chinese phones and nowhere it is mentioned it is an advertisement and it is shown as an article. TOI or times of India app is balantly flouting norms and is publishing advertisements as articles without any disclosure or disclaimers. They have been doing this for a while specially for Chinese phones like OppO and ViVO"

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

The ASCI approached the advertiser for their response in addressing the grievances of the complainant and forwarded the details of the complaint, verbatim, to the advertiser with a request to respond to the same. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the website advertisement and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that the advertisement was misleading by omission to mention that it is an advertisement. The advertisement contravened Chapter I.4 of the ASCI Code. The complaint was UPHELD.

 

COMPANY:"Max Bupa Health Insurance Company Ltd"
PRODUCT:

COMPLAINT:

“Process cashless claims in 30 minutes.”

NATURE OF COMPLAINT:

 

Recommendation: NOT UPHELD

"The ASCI had 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 which they did not avail, but submitted their written response. The advertiser had stated in their response that the 30 minutes claim processing has been qualified with a disclaimer to mention that “Max Bupa processes pre authorization within 30 minutes for all active policies, subject to receiving all documents and information(s) upto Max Bupa’s satisfaction. The above commitment does not include pre-authorization settlement at the time of discharge or system outage.” 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 Technical expert presented at the meeting. The CCC referred to an earlier complaint (1506-C.223) of the same advertiser wherein they had provided data for the claim of “Cashless Approval 30 minutes”. This data showed that in May to July 2015, approximately 93% of pre-authorisation requests had been processed within the period of 30 minutes, of which 73.7% were approved and 15.6% were declined. This data was considered to be adequate for the claim made. Upon carefully viewing the TVC, examining the complaint and the response given by the advertiser, the CCC concluded that the claim, “30 Minutes cashless claim processing”, read in conjunction with the disclaimer was not objectionable. The complaint was NOT UPHELD."

COMPANY:"Chandra Brothers Medi-Med Pvt Ltd"
PRODUCT:Chandraboti Fairness Moisturiser

COMPLAINT:

“Makes skin fairer.”

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 had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the TVC and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that the claim (in Bengali) as translated in English, “Makes skin fairer”, was not substantiated with product efficacy data and is misleading by exaggeration. The TVC contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD.
 

COMPANY:"Confident Group"
PRODUCT:Confident Aquila

COMPLAINT:

“The best housing brand in Kerala.”

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 had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the TVC and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that the claim, “The best housing brand in Kerala”, was not substantiated with any verifiable comparative data of the advertiser’s housing brand and similar housing brands in Kerala to prove that it is better than the rest, or through an independent third party validation. The claim is misleading by exaggeration and implication. The TVC contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD.""

 

COMPANY:"Chahal Clinic"

COMPLAINT:

"1. Grow new natural hair from the roots through treatment without surgery. 2. Makes hair black"

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 had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. Advertiser did not provide details of treatment procedure for hair growth. The CCC viewed the print advertisement and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that the claims, “Grow new natural hair from the roots through treatment without surgery”, and “Makes hair black”, were not substantiated with supporting clinical evidence and with treatment 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:"Lumen Clinic"

COMPLAINT:

"1. Get Permanent Fairness 2. Fat Loss Treatment"

NATURE OF COMPLAINT:

"Objections – 1. The visual in the advertisement showing before and after with sad and happy face is misleading. 2. The before and after visuals in the ad appears to be misleading"

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 had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. Advertiser did not provide details of the treatment procedure for fat reduction and for permanent fairness, with data based on rigorous trial on statistically significant number of patients. The CCC viewed the print advertisement and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that the claims, “Get Permanent Fairness” and “Fat Loss Treatment”, were not substantiated with supporting clinical evidence, and with treatment efficacy data, and are misleading by exaggeration. The efficacy being depicted via images of before and after the treatment are misleading. The “before” image of the model’s face shown in the advertisement (indicating the expressions before product use) was portrayed as unhappy, which was milseading. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code, and ASCI Guidelines for Skin Lightening or Fairness Improvement Products. The complaint was UPHELD.

 

COMPANY:"Mohak Bariatrics & Robotics"

COMPLAINT:

"1. Get freedom from obesity 2. Patient will never regain lost weight again."

NATURE OF COMPLAINT:

"Objection – 1. The claims objected appears to be misleading by omission as no disclaimer to qualify the claims."

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 had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the print advertisement and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that the claims, “Get freedom from obesity”, and “Patient will never regain lost weight again”, were not substantiated with supporting clinical evidence, and with treatment 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:"Abhay Ayurvedic Pharmacy – Medari Range of Products"
PRODUCT:

COMPLAINT:

"1. Government of India, Ministry of Ayush under leading ayurvedic research institute – CCRAS developed by Ayush 82 2. To manage/control extra fat and to reduce stomach/ weight – use Abhay Medari Objection- The advertisement has reference to Ministry of Ayush and CCRAS which appears to be misleading and implies that the claims in the advertisement are approved by Government."

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 had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the print advertisement and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that the claim, “To manage/control extra fat and to reduce stomach/ weight – use Abhay Medari”, was not substantiated with evidence of product efficacy, and is misleading by exaggeration. Claim, “Government of India, Ministry of Ayush under leading ayurvedic research institute – CCRAS developed by Ayush 82”, was not substantiated with supporting data, and is misleading by implication that Ministry of AYUSH has approved the product efficacy / claims made in the advertisement. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."
 

COMPANY:"Herbal Ayurveda"
PRODUCT:Herbal Gain Tablet

COMPLAINT:

"1. Increases weight in just 45 days. 2. See the difference in just 10 days Complaint 1 (CERC Complaint) 1. Ayurvedic Product- Increases weight in just 45 days. 2. For all Age group 3. See the difference in just 10 days"

NATURE OF COMPLAINT:

Our objections: 1. Please substantiate claims 1 to 3 with claim support data. The claim support data should not be internal or based on studies commissioned by Herbal Gain. 2. Ref. to claim 3, kindly provide the evidence of its efficacy. 3. Ref. to claim 3, is it applicable to everyone irrespective of medical condition? According to us, the advertisement contravenes Chapter 1.1, 1.4 and 1.5(d) of ASCI code, Action to be taken: We propose that the advertisement should be immediately withdrawn.

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 had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the print advertisement and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that the claims, “Ayurvedic Product- Increases weight in just 45 days”, “For all Age group”, and “See the difference in just 10 days”, 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:"Rajvaidya Shital Prasad & Sons"
PRODUCT:Rasayan Vati

COMPLAINT:

"1. 100% natural 2. Secret of my energy & trust of 70 Years. 3. Virender Sehwag endorses the product"

NATURE OF COMPLAINT:

"1. Please substantiate claims 1 and 2 with claim support data. The claim support data should not be internal or based on studies commissioned by Rajvaidya. 2. Ref. to claim 1, are there any chemicals, stabilizers or such ingredients used? If yes, then the advt. is misleading. 3. As per the ASCI Guidelines for Celebrities in Advertising, a Celebrity should do due diligence to ensure that all description, claims and comparisons made in the advertisements they appear in or endorse are capable of being objectively ascertained and capable of substantiation and should not mislead or appear deceptive. The claims made by the celebrity Cricketer (Virender Sehwag) in this advt violate this clause of the ASCI guidelines. According to us, the advertisement contravenes Chapter 1.1, 1.2 and 1.4 of ASCI code, ASCI Guidelines for Celebrities in Advertising and the provisions of Drugs and Magic Remedies Act. Action to be taken: We propose that the advertisement should be immediately withdrawn."

Recommendation: UPHELD

"The ASCI had approached the advertiser for their response in addressing the grievances of the complainant and forwarded the details of the complaint, verbatim, to the advertiser with a request to respond to the same. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat which they did not avail, and submitted their written response. The advertiser had stated in their response that all the ingredients used in the product - Rasayan Vati are 100% Ayurvedic, the details of ingredients are mentioned on the packing. The product does not contain any chemical stabilizer etc., and the excipients present in Rasayan Vati are natural binders. Advertiser provided a copy of the product packaging. Advertiser further stated that Rasayan Vati is in the market since 1938 and hence trust for over 70 years It is registered under Trade Marks Act, 1999 with Controller General of Patents Design & Trader Marks, Govt. Of India. Mr. Virender Sehwag does not fall under the category of Celebrity, and his compensation is much less than Rs. 20 Lacs per year. The CCC viewed the print advertisement and considered the advertiser’s response. The CCC also reviewed the product packaging and observed that the product is an ayurvedic medicine with ingredients like Shilajeet, Ashwagandha, known for their benefits being claimed. In this context, the CCC concluded that the claim, “Secret of my energy and trust of 70 Years”, were not objectionable. Virendra Sehwag was not featuring in the list of “celebrities” as per criteria set in the Guidelines for Celebrities in advertising. This complaint was NOT UPHELD. While the advertiser asserted that the product was registered as ayurvedic proprietary medicine and excipients present in Rasayan Vati are natural binders eg. natural gum, no composition details were provided to ascertain this claim. The claim of “100% Natural” was not substantiated. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. This complaint was UPHELD."

 

COMPANY:"Dr. Dassan’s life Care Ayurvedic Herbal Treatment and Research Centre"PRODUCT: Kidney

COMPLAINT:

“This ad claims treatment can prevent dialysis in kidney diseases”

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI had approached the advertiser for their response in addressing the grievances of the complainant and forwarded the details of the complaint, verbatim, to the advertiser with a request to respond to the same. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat which they did not avail, but submitted their written response. The advertiser had stated in their response that their treatment centre manufactures pure ayurvedic herbal medicines according to the shastras. The formulation of the medicine has been passed by the state drug authorities. Many acute as well as chronic cases have been recovered successfully by them. As claim support data, the advertiser provided ayurvedic references/extracts from the book of shastras, photographs and details regarding the treatment, testimonial videos of patients who have benefitted from the treatment, the list of ingredients, registration certificate of the doctor of their clinic, and copy of licence. The CCC viewed the print advertisement and considered the advertiser’s response. The CCC observed that the data provided by the advertiser were a pathology reports of few patients showing the results of before and after the treatment. The CCC noted that the advertiser did not substantiate their claim based on rigorous trial conducted on statistically significant number of patients. In the absence of such robust clinical data, the individual testimonial was not considered to be acceptable. Moreover, the data submitted by the advertiser was questionable as there were stark discrepancies in the pathology test report. The CCC rejected this report questioning its authenticity. The licence documents submitted by the advertiser only indicated the “beneficial” nature of the ingredients as a uretic or in case of UTI and the data did not support any benefits as claimed. The CCC concluded that the claim (in Gujarati) as translated in English, “… treatment can prevent dialysis in kidney diseases”, was not substantiated with authentic, credible scientific / clinical evidence. The claim implying cure for kidney diseases, is misleading by gross exaggeration and 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:"Hindustan Petroleum Corporation Limited"PRODUCT: HP Racer Oil

COMPLAINT:

"1. Use Racer instead of ordinary oil as it comes with CSB technology 2. Increases the power of engine"

NATURE OF COMPLAINT:

"The TVC opens with a young biker riding into a garage and asking the mechanic to refill the engine oil in his bike. To this, the mechanic asks if he wants regular engine oil or HP Racer. The customer reacts indifferently saying he really doesn’t care. In comes, Ranveer Singh along with other mechanics, rapping the superior benefits of HP Racer. Actor Ranveer Singh, emphasizes on the use of Racer instead of ordinary oil in bikes as it comes with CSB technology which increases the power of the engine. The advt ends with him saying “HP RACER power to thrill “Objections: 1. Kindly substantiate claim 1 and 2 with claim support data from an independent agency. The data should not be based on internal studies or studies commissioned by HP Racer Oil. 2. Reference to claim 1; please substantiate how the product is better than ordinary oil.Is the CSB technology unique to the product and not available in other oils. Please substantiate with claim support data. 3. The actor Ranveer Singh features in the advertisement. As per the ASCI Guidelines for Celebrities in Advertising, a Celebrity should do due diligence to ensure that all description, claims and comparisons made in the advertisements they appear in or endorse are capable of being objectively ascertained and capable of substantiation and should not mislead or appear deceptive. The claims made by the celebrity (actor Ranveer Singh) in this advt violate this clause of the ASCI guidelines. According to us, the advertisement contravenes Chapter 1.1 and 1.4 of ASCI code and Guidelines for Celebrities in advertising.”"

Recommendation: NOT UPHELD

"The ASCI had approached the advertiser for their response in addressing the grievances of the complainant and forwarded the details of the complaint, verbatim, to the advertiser with a request to respond to the same. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat which they availed and subsequently submitted their written response. The advertiser had stated in their response that the term ordinary oil used in the TVC pertains to un-branded oils available in the open market which do not have JASO or any other equivalent specification test that the oil has passed for it to be graded for a specific engine type and to be used for specific road conditions by brands. The term used in the TVC is CSP Technology which stands for ‘Clutch Slip Prevention’ technology. This term is used to represent the ability of HP Racer 10W30 to prevent wet clutch slippage thus causing smooth gear shifting and better engine power. HP Racer 10W30 is certainly better than any ordinary oil which does not meet MA2 specification or does not have the required friction characteristics which facilitates smooth wet clutch release in bikes. As claim support data, the advertiser submitted technical details of the product as per Japan Lubricating Oil Society (JALOS), meeting MA2 specifications which delivers higher friction performance which is necessary for facilitating smooth wet clutch release. 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 Technical expert presented at the meeting. The CCC observed that as per the advertiser, CSP Technology is the use of a single oil that can act in three roles - a good engine oil, good wet clutch release, transmission and a good gear oil. For these three roles to be combined requires a fine balancing of the additive chemistry of the oil formulation. There are 3 categories of oils namely, MA, MA1 and MA2 of which, MA2 is the highest in the quality parameters. The results show that the product under consideration falls in the best category MA2. Advertiser has submitted a certificate from JALOS indicating that the HP Racer Oils belong to category MA2. The certificate supports the claim that the Racer oil is in category MA2, and therefore it will bestow the benefits of better engine efficiency as compared to ordinary oils. Based on this assessment, the CCC concluded that the claims, “Use Racer instead of ordinary oil as it comes with CSP technology” and “Increases the power of engine”, were not objectionable. The complaint regarding endorsement by the Celebrity (Ranveer Singh) was examined by the CCC. The CCC observed that the visual of the celebrity when seen in conjunction with these substantiated claims were not likely to mislead consumers regarding the product. The complaint was NOT UPHELD."

 

COMPANY:"Asian Paints Ltd."PRODUCT: Ultima Protex

COMPLAINT:

"1. Waterproofing wala exterior paint. 2. 6 years water proofing warranty 3. Teflon protection"

NATURE OF COMPLAINT:

"“The TVC opens at a wedding function. The bride's family is dressed in raincoats, as they welcome the groom's family. The father of the bride urges his family members to rush up, citing the possibility of 'someone' returning to ruin the proceedings. The actor Ranbir Kapoor enters, playing the role of a classical musician. The bride's father seems more worried, and urges everyone to hurry up further. Ranbir Kapoor through his classical music is calling for the rain, to ruin the wedding and the house. The rain arrives, causes havoc and he makes sure, that the girl's marriage is called off. This makes the bride's father give into his daughter's wish, by allowing the girl to get married to the actor. The girl rushes to Ranbir Kapoor, and the advt ends with the rain stopping and the scene is sunny again. While the bride’s house paint is affected by the rain, the paint on Ranbir Kapoor’s house remains intact. The voiceover starts stating waterproofing wala exterior paint Asian Paints Ultima Protek, barish ko ane do. The advertisement shows 6 years waterproofing warranty and Teflon protection. Objections: 1. Kindly substantiate claims 1 to 3 with claim support data from an independent agency. The data should not be based on internal studies or studies commissioned by Asian Paints. 2. Reference to claim 2; are there any specific conditions to avail the warranty? If so it is an omission and therefore misleading 3. The actor Ranbir Kapoor features in the advertisement. As per the ASCI Guidelines for Celebrities in Advertising, a Celebrity should do due diligence to ensure that all description, claims and comparisons made in the advertisements they appear in or endorse are capable of being objectively ascertained and capable of substantiation and should not mislead or appear deceptive. The claims made by the celebrity (actor Ranbir Kapoor) in this advt violate this clause of the ASCI guidelines. According to us, the advertisement contravenes Chapter 1.1 and 1.4 of ASCI code and Guidelines for Celebrities in Advertising. Action to be taken: We propose that the advertisement should be immediately withdrawn”."

Recommendation: NOT UPHELD

"The ASCI had approached the advertiser for their response in addressing the grievances of the complainant and forwarded the details of the complaint, verbatim, to the advertiser with a request to respond to the same. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat which they did not avail, but submitted their written response. The advertiser had stated in their response that the third party test conducted for Protek system for resistance to water penetration against positive hydrostatic water pressure for waterproofing property shows depth of water penetration is nil in coated concrete block whereas the penetration of water is to the tune of 25 mm in an uncoated coat. Third party certification proves its superior anti-carbonation performance, ensuring that the structural integrity of the construction is maintained. The test results on Chloride ion diffusion resistance shows that Protek system also protects against soluble chloride ions, keeping the structure intact. The Teflon certificate concludes that Ultima Protek meets all requirements for use of the Teflon® brand in exterior architectural coating applications and is hence qualified for Teflon® branding. As claim support data, the advertiser provided various test reports, Ultima Protek Teflon Brand Licensing Qualification, copy of product label, and Warranty booklet. 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 Technical expert presented at the meeting. The CCC observed that – Claim: “Waterproofing wala exterior paint” – Advertiser provided several test report which show resistance to water ingress in driving rain equivalent to the wind-driven speed of 98mph or a category 2 hurricane. Other test parameters like carbonation and chloride were also tested. Additional field tests done by the Company at its outdoor test sites show water ingress resistance for an equivalency of 15 rain seasons. Claim - “6 years water proofing warranty” - the warranty booklet contains details of the warranty including terms and conditions, which is also mentioned on the advertiser’s website. Claim – “Teflon protection” - Teflon certificate is provided from concludes Ultima Protek + 0.26% Capstone® FS-63 meets all requirements for use of the Teflon® brand in exterior architectural coating applications. Based on the advertiser’s response with the test reports provided, the CCC concluded that the claims, “Waterproofing wala exterior paint”, “6 years water proofing warranty”, and “Teflon protection”, were substantiated. The complaint regarding endorsement by the Celebrity (Ranbir Kapoor) was examined by the CCC. The CCC observed that the visual of the celebrity when seen in conjunction with these substantiated claims were not likely to mislead consumers regarding the product. These complaints were NOT UPHELD."

 

COMPANY:"Wipro Enterprises P. Ltd"PRODUCT: Santoor Handwash

COMPLAINT:

"1. Santoor Hand-wash is made from Tulsi and Sandalwood. 2. Tulsi keeps your hands germ-free, while Sandalwood keeps them smooth"

NATURE OF COMPLAINT:

"1. Kindly substantiate claims 1 and 2 with independent claim support data. The claim support data should not be internal studies or studies commissioned by Wipro Consumer Care and Lightening. 2. Ref. to claim 1, Is there significant amount of Tulsi and Sandalwood used in the product to have the claimed benefits? 3. The disclaimer given in the advt. is in very small font to be read. According to us, the advertisement contravenes Chapter 1.1 and 1.4 of ASCI code and the provision of ASCI Guidelines for Disclaimer. Action to be taken: We propose that the advertisement should be immediately withdrawn."

Recommendation: UPHELD

"The ASCI had approached the advertiser for their response in addressing the grievances of the complainant and forwarded the details of the complaint, verbatim, to the advertiser with a request to respond to the same. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat which they did not avail, but sought for Informal Resolution (IR) of the complaint by ensuring that they would take necessary prompt action to rectify the claims. They were further provided with an opportunity to discuss their submission via telecon. Subsequently, the advertiser submitted their written response. Advertiser stated in their response that the claim, “Santoor Hand-wash is made from Tulsi and Sandalwood” has been modified. The claim, “Tulsi keeps your hands germ free, while Sandalwood keeps them soft”, is based on sufficient study and the purpose is to highlight the attributes and goodness of Tulsi and Sandalwood in a generic manner while being used as an ingredient in the product. As claim support data, the advertiser provided citations of few research publications which establishes the antimicrobial activity of Tulsi and curative properties of Sandalwood for skin disorders. Advertiser also provided a copy of the English language version of the revised advertisement. The CCC viewed the print advertisement and considered the advertiser’s response. The CCC observed that the advertisement creates an impression that the handwash has tulsi and Sandalwood as predominant ingredients. The CCC noted that neither any supporting data was provided showing presence of these ingredients in the product nor the benefits of these ingredients as present in the product and attributed to them were substantiated prior to the due date of the response. The CCC concluded that the claims, (in Gujarati) as translated in English, “Santoor Hand-wash is made from Tulsi and Sandalwood”, and “Tulsi keeps your hands germ-free, while Sandalwood keeps them smooth”, were not substantiated and are misleading by ambiguity and implication. The complaint was UPHELD."

 

COMPANY:"Allnine Overseas Education"
PRODUCT:

COMPLAINT:

"1. Study IELTS and PTE with experts. 2. 7 Band guaranteed achieving. 3. Highest Visa Success Ratio."

NATURE OF COMPLAINT:

""“Our objections: 1. Please provide the claim support data for the claim 1 to 3. The claim support data should not be internal or based on studies commissioned by A9 AllNine Overseas Education. 2. Ref. claim 1, who are these experts? Please substantiate the claim with claim support data. 3. Please explain highest compared to what? According to us, the advertisement contravenes Chapter 1.1, 1.4 and 1.5. Action to be taken: We propose that the advertisement should be immediately withdrawn.”" "

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the grievances of the complainant and forwarded the details of the complaint, verbatim, to the advertiser with a request to respond to the same. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the print advertisement and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that the claim, “7 Band guaranteed achieving”, was not substantiated with verifiable supporting data. The claim, “Highest Visa Success Ratio”, was not substantiated with verifiable supporting data of the advertiser’s institute versus other similar institutes offering visa, and is misleading by exaggeration and implication. The advertisement contravened the 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 Claim, “Study IELTS and PTE with experts”, was not considered to be objectionable. This complaint was NOT UPHELD"

 

COMPANY:"Adani Wilmar Ltd"
PRODUCT:Fortune Besan

COMPLAINT:

“India's most admired brand”

NATURE OF COMPLAINT:

"Objection- 1. Claim needs to be substantiated with necessary support data 2. Disclaimer not legible."

Recommendation: UPHELD

"The ASCI had 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 which they did not avail. On receiving an ASCI reminder, the advertiser replied that he had not received the ASCI’s earlier communication asking for comments on the complaint, and hence they requested for two weeks to submit their response. As a special case, the advertiser was granted an extension of nine days to the standard lead time of seven days to submit their reply in response to their request for extension. The advertiser argued that ASCI does not have any power, jurisdiction and authority to initiate, entertain and decide complaints against them and such decisions of ASCI are not binding upon them. Advertiser further stated that the claim made was basis a Certificate issued by White Page International, who has certified that the Brand Fortune has exceeded the minimum requirements to be recognised as one of the Most Admired Brands in commendation for brand recall, brand trust, brand value, proposition, marketing connect and innovation quotient. As claim support data, the advertiser provided a copy of this certificate. The CCC viewed the print advertisement and considered the advertiser’s response. Regarding the Advertiser’s comment on ASCI’s jurisdiction, the CCC referred to the judgement by the Hon’ble Supreme Court titled “Common Cause (A Regd Society) v Union of India and Ors”, which affirmed and recognised the self-regulatory mechanism put in place by self regulatory bodies 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, 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 also advised that the advertiser should take cognizance of the FSSAI has entered into with ASCI to deal with misleading advertisements. Specific to the advertised claim, the CCC observed that the certificate was presented to the advertiser for their brand being “one of the Asia’s 100 most admired brands…..” for period 2015-16”, whereas the advertisement claim read as “India’s most admired brand for the period 2016-17”. There is a mismatch of text and the year mentioned in the certificate versus the claim with the period of award received as cited in the advertisement. Hence the CCC concluded that the claim, “India's most admired brand”, was not substantiated and it is misleading by ambiguity, and omission. The advertisement contravened Chapter I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"World Champion"
PRODUCT:Sai Keshari Sattu

COMPLAINT:

"“No. 1” Objection – Claim appears to be misleading by implication that it is the market leader."

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 TVC. In the absence of comments from the Advertiser, the CCC concluded that the claim, “No. 1”, was not substantiated with verifiable comparative data of the advertiser’s product and other competitive products, or any third party validation to prove this claim. The claim is misleading by exaggeration. The TVC contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD.

 

COMPANY:"Surya Poultry Farms Pvt Ltd."PRODUCT: Surya Organic Chicken

COMPLAINT:

“Organic chicken”

NATURE OF COMPLAINT:

Objection - Does the claim meet FSSAI requirements for claiming Organic.

Recommendation: UPHELD

"The ASCI had 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 which they did not avail. Further on the advertiser’s request, they were provided with an opportunity to discuss their submission via telecon. Subsequently, the advertiser submitted their written response. Advertiser in their response stated that they have been adopting new ways in the growth of the chicken by feeding them organic foods. They have test reports from FSSAI stating that their farm Chickens are Free from Antibiotic, Ammonia and healthier compared to commercially mass produced normal broiler chickens. Advertiser provided test reports, test report from Pharmocovigilance laboratory for animal feed and food safety, and copy of FSSAI licence for the product. The CCC viewed the TVC and considered the advertiser’s response. The CCC observed that the Advertiser did not provide criteria, parameters used for claiming their chicken to be organic. The CCC concluded that the claim, “Organic Chicken”, was not substantiated and is misleading by exaggeration. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code as well as Guidelines on advertising of Food and beverages. The complaint was UPHELD."

 

COMPANY:"Tower Walnuts Dry Fruits"
PRODUCT:Tower Walnuts

COMPLAINT:

"Lowers risk of Cancer Helps lose weight Helps sleep well Helps improve and prevent diabetes"

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the concerned Media (The India Today Group) for their assistance in providing the contact details of the advertiser, or to forward the complaint to the advertiser. Advertiser responded prior to the due date for this complaint. As claim support data, the advertiser provided a power point presentation quoting important nutritional facts from the research conducted on the nutritional facts about walnuts that have been reported by the USDA National Nutrient Database for standard reference. Advertiser also provided a soft copy of the Product label and copy of Product Approval License. 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 Technical expert presented at the meeting. The CCC observed that the references quoted and the conclusions and health benefits mentioned are pertaining to walnuts and are justifiable based on several scientific studies if not linked specifically to the advertised product. However, the advertiser is attributing the benefits “Lowers risk of Cancer”, “Helps lose weight”, “Helps sleep well”, and “Helps improve and prevent diabetes”, to their product as “Health benefits of Tower Walnuts”. The CCC concluded that such reference is misleading by ambiguity and implication, and exploits consumers’ lack of knowledge. The advertisement contravened Chapters I.4 and I.5 of the ASCI Code as well as Guidelines on advertising of Food and beverages. The complaint was UPHELD."

 

COMPANY:"Good Times Ventures India"
PRODUCT:Just Drink Herbal Energy Drink

COMPLAINT:

"“Source of rich minerals” Objection- Claim is misleading by ambiguity."

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, “Source of rich minerals”, was not substantiated with supporting data, and is misleading by exaggeration. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"TeaOX"
PRODUCT:

COMPLAINT:

“Prevents Cancer”

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI had 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 which they did not avail, but submitted their written response. They were provided with an opportunity to discuss their submission via telecon. As claim support data, the advertiser provided blog references on health benefits of Tea. The CCC viewed the print advertisement and considered the advertiser’s response. Advertiser did not provide any authentic and credible technical data, scientific rationale or clinical evidence of product efficacy, to prove the product’s ability to prevent Cancer. The claim, “Prevents Cancer”, was considered to be a medicinal / therapeutic claim and was not substantiated for the advertised product. The CCC concluded that the claim is misleading by gross exaggeration and exploits the consumers’ lack of knowledge. The advertisement contravened Chapters I.1, I.4 and I.5 of the ASCI Code as well as Guidelines on advertising of Food and beverages. The complaint was UPHELD."

 

COMPANY:"Nandi Agro Initiative Pvt Ltd"
PRODUCT:Nandi Atta Range

COMPLAINT:

"1. Magnesium that control blood sugar 2. Thiamine that prevents cancer. 3. Sodium that keep weight in control."

NATURE OF COMPLAINT:

Objection - Claims are misleading by ambiguity and implication that the product would provide these therapeutic benefits. Is the quantity significant to claim prevention of cancer.

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objections raised in the complaint and forwarded the details of the complaint, verbatim, to the advertiser with a request to respond to the same. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. Advertiser did not provide any authentic and credible technical data, scientific rationale or clinical evidence of product efficacy. The claims, “Magnesium that control blood sugar”, “Thiamine that prevents cancer”, and “Sodium that keep weight in control”, were considered to be therapeutic claims and were not substantiated for the advertised product. The CCC concluded that the claims are misleading by gross exaggeration and exploits the consumers’ lack of knowledge. The advertisement contravened Chapters I.1, I.4 and I.5 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Malabar Foods Products"
PRODUCT:Fruitomans Squash

COMPLAINT:

1. Helpful in preventing heart disease, blood pressure, joint pains, breast cancer and Gland cancer. 2. Control cancer, heart disease, diabetes, asthma, joint pains etc.

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI had 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 which they did not avail, but submitted their written response. Advertiser stated in their response that they have not claimed that the products prevent or control dreadful diseases, but only mentioned the generic nutritional benefits of the fruits. Advertiser provided soft copy of the product labels of three variants – Jamun Crush, Nutmeg Squash, and pomegranate crush. Upon carefully viewing the print advertisement, examining the complaint and the response given by the advertiser, the CCC observed that the advertiser did not submit any product specific details such as composition. No technical data, scientific rationale or clinical evidence of product efficacy, was provided to prove the product’s ability in preventing various health diseases as claimed. In the absence of claims support data, the CCC concluded that the claims, “Helpful in preventing heart disease, blood pressure, joint pains, breast cancer and Gland cancer” and “Control cancer, heart disease, diabetes, asthma, joint pains etc”, were not substantiated. The CCC also noted that the presentation of these claims in the advertisement is misleading by implication and exploits the consumers’ lack of knowledge. The advertisement contravened Chapters I.1, I.4 and I.5 of the ASCI Code as well as Guidelines on advertising of Food and Beverage products. The complaint was UPHELD."

 

COMPANY:"Cremica Food Industries"
PRODUCT:Cermica Mixed Fruit Jam

COMPLAINT:

"“Ranked No.1 - Ranked by Consumer Voice” Objection - Claim is misleading by ambiguity and omission of the category in which it is ranked 1."

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, “Ranked No.1 - Ranked by Consumer Voice”, was not substantiated with supporting data, and is misleading by ambiguity and omission of the category in which it is ranked No. 1. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Bhaskar Venkatesh Products Pvt Ltd"
PRODUCT:Bhaskar Salt

COMPLAINT:

“India’s First Salt that Enhances Taste”

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 print advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claim, “India’s First Salt that Enhances Taste”, was not substantiated with verifiable comparative data of the advertiser’s product and other competitive products, or any third party validation to prove this claim. The claim is misleading by exaggeration. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Nutricane Beverages Pvt Ltd"
PRODUCT:OMG Ginger Groove Sugarcane Juice

COMPLAINT:

"1. No Added Sugar 2. Low on calories. Objection: Claim is misleading by ambiguity and implication."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI had 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 which they did not avail, but submitted their written response. The advertiser had stated in their response that they had undertaken an independent research analysis of their product for validating the claims made in the advertisement. The test results illustrated that there are no detectable traces of added sugar in the Product. The product primarily consists of natural sugarcane juice and has natural sugar content, there is, therefore, no requirement of any added sugar. The product contains a lower energy component than most of the competing juice brands in the market and has low calorie count. As claim support data, the advertiser provided a copy of the test report, Product label, and Product Approval License. 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 Technical expert presented at the meeting. The CCC observed that the label as well as the analytical data showed that the product has only sugar as source of energy and the energy per 100ml is 42.4 K Cals by analysis and 48.96 on the label. WHO recommends not more than 200 Kcals from Sugars in any form. This product with 110 calories or about 22 G (as per label) coming from Sucrose (though naturally present) will be exceeding 50% daily limit of WHO and hence does not qualify by any benchmark as low on calorie. Based on this data, the CCC concluded that the claims, “No Added Sugar”, and “Low on calories” are misleading by ambiguity and implication. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code as well as Guidelines on Advertising of Food and Beverage products. The complaint was UPHELD."

 

COMPANY:"INVENTZ Lifesciences Pvt. Ltd
PRODUCT:Heads Up Tablet

COMPLAINT:

“Avoid further hairfall and Greying”

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 had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the print advertisement and in the absence of any comments or response from the advertiser, the CCC concluded that the claim, “Avoid further hairfall and Greying”, was not substantiated with product efficacy data, and is misleading by exaggeration. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Sanzyme Ltd"
PRODUCT:Nutrus Green Coffee

COMPLAINT:

"“Original probiotic green coffee.” Objection - The claim appears to be misleading."

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 had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the TVC and in the absence of any comments or response from the advertiser, the CCC concluded that the claim, “Original probiotic green coffee”, was not substantiated with supporting data, and is misleading by exaggeration. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD.

 

COMPANY:"Tata Chemical Ltd"
PRODUCT:Tata Salt

COMPLAINT:

"“Tata salt's new advertisement on youtube.com ‘Find out the Real truth about your salt’ The video claims No added chemicals & the disclaimer (Not visible at all) shows names of chemicals which are added to salt. Pack of tata salt also shows lots of added chemicals. Several sources on the internet including Tata's employee on quora.com and Tata's website says it is a by-product of a soda-ash factory. Although the chemicals are mentioned in disclaimer, the phrase ""No added chemicals"" is more of consequence & impactful since the disclaimer is not visible at all. The ad is misleading & cheating consumers by claiming ""NO ADDED CHEMICALS"""

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

The ASCI had approached the advertiser for their response in addressing the grievances of the complainant and forwarded the details of the complaint, verbatim, to the advertiser with a request to respond to the same. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat which they availed and responded that the YouTube advertisement has been modified for font size and hold duration of disclaimers, and for further modifications they would discuss internally and would revert to ASCI. In view of this assurance from the advertiser, ASCI offered them the option of resolving this matter via Informal Resolution (IR) of complaint. However, the advertiser did not submit the necessary undertaking. Therefore the complaint was taken forward for CCC deliberations. The CCC viewed the YouTube advertisement and considered the advertiser’s response. The CCC concluded that the claim, “No Added Chemicals”, was misleading and contradictory to the disclaimer mentioned in the advertisement (“except potassium iodate and anti caking agent E-536 potassium ferrocyanide which are approved by FSSAI for edible salt…….”). The YouTube advertisement contravened Chapter I.4 of the ASCI Code and Clause 1 of ASCI Guidelines for Disclaimers (“…Disclaimer should not contradict the material claim made or contradict the main message conveyed by the advertiser……..”). The complaint was UPHELD.

 

COMPANY:"Soliel International Healthcare Products"
PRODUCT:BT-36 Range Of Products

COMPLAINT:

"Give beautiful thinking and self confidence. To be a body toner capsule and cream. Objection: The product name, visual in the Ad and packaging read in conjunction with the claims in the advertisement 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 Schedule"

 

COMPANY:"Dr Dassans Ayurvedic Centre"
PRODUCT:"Dr Dassans Re Renal"

COMPLAINT:

"(Patient’s Name: Maanvati Verma) Kidney patient saved from dialysis. Objection: The claim implies cure for Kidney ailments"

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"Kidney Stone: Item no. 22- DMR Schedule"

 

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

COMPLAINT:

"“Love will be seen” Objection: The visual in the ad and product packaging read in conjunction with the claims objected to implies that the product are meant for the enhancement of sexual pleasure."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

The maintenance or improvement of the capacity of human beings for sexual pleasure Section 3(b) - DMR Schedule

 

COMPANY:"Detoxicate herbal powder"

COMPLAINT:

"Claims objected to: cures deafness Complaint: “Our objections: 1. Please substantiate claims 1 to 3 with claim support data. The claim support data should not be internal or based on studies commissioned by Detoxicate Herbal Powder. 2. According to chapter 1.5(d) of ASCI Code, “Special care and restraint has to be exercised in advertisements addressed to those suffering from weakness, any real or perceived inadequacy of any physical attributes such as height or bust development, obesity, illness, impotence, infertility, baldness and the like, to ensure that claims or representations directly or by implication, do not exceed what is considered prudent by generally accepted standards of medical practice and the actual efficacy of the product”. 3. How can one product claim to be effective for so many ailments? Please substantiate with independent data. According to us, the advertisement contravenes Chapter 1.1, 1.4 and 1.5(d) of ASCI code and Drugs and Magic Remedies Act. Action to be taken: We propose that the advertisement should be immediately withdrawn.”"

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

Deafness- Item 8, DMR Schedule

 

COMPANY:"L’Oreal India Private Ltd "PRODUCT: New Garnier Light Serum Complete Cream

COMPLAINT:

"In this Advertisement celebrity Alia Bhatt is seen endorsing this 'New Garnier Light Serum Complete Cream'. Her two friends in this ad have dark spots and dark skin and Ms Alia Bhatt promises them that if they will use this Garnier serum cream, it will vanish in week time. Next in the ad we see Alia and her friends in all glamour and fair skin in a premier. This is a misleading advertisement for the common man. First it is nearly impossible to change skin tones and colour with serum creams. Such procedures are done with the help of surgery. Second such ad promotes racism against masses, by saying dark skin is not equal to no beauty. This ad shows quick action and is just a way of selling their products fast."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"Heard Mr. Hussain Sabowala, Manager Claims Evaluation, and Dr. Anupama Wagle, Head Claims, in detail on behalf of L’Oréal India Pvt Ltd. (Advertiser). An Individual Complainant, whose identity was kept confidential did not appear. In the above matter, a complaint was received against a YouTube advertisement and after examining the complaint as well as advertiser’s detailed response, the Consumer Complaints Council (CCC) concluded that the claim, “With new Garnier Light Complete …. de 3 tones lighter skin sirf ek week mein”, was not substantiated, and is misleading by exaggeration. The YouTube advertisement contravened Chapters I.1 and I.4 of the ASCI Code. Aggrieved thereby, the advertiser approached this Independent Review Process (IRP). Mr. Hussain Sabowala, Manager, contended that L’Oreal has prepared their own tone chart of the skin containing 24 tones to differentiate the skin tones. It was also submitted that in a week’s time of using the said product the skin tone will improve by 3 tones. Mr. Hussain Sabowala conceded that the carton of the said product shows only 16 shades to enable the consumer to verify the efficacy of the product after using it for a period of one week. We had visually seen the aforesaid YouTube advertisement wherein 3 pictures of the same lady can be seen in one frame and the first picture depicts before starting the aforesaid product. The second and third picture depicts the effect of the product within a week. Even a bare look at those 3 pictures of the said lady it is abundantly clear that the tone difference is almost 16 in the chart of 24 tones. Visually one cannot even dispute the same. Under these circumstances, the claim, “With new Garnier Light Complete …. de 3 tones lighter skin sirf ek week mein”, was not substantiated, and is misleading by exaggeration. The YouTube advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The review application is dismissed and the complaint stands UPHELD. "

 

COMPANY:"GLAXOSMITHKLINE CONSUMER HEALTHCARE LIMITED"PRODUCT: Horlicks Protein Plus

COMPLAINT:

"“Fast Track complaint received against the TV Commercial (aired on Movies OK and India News on 25th February 2018) and Youtube Commercial (https://www.youtube.com/watch?v=I4aB4wEsFuE&feature=youtu.be) of “GlaxoSmithKline Consumer Healthcare Ltd. – Horlicks Protein Plus”, from Danone Food & Beverages India P. Ltd. In the said advertisement, the artist is asking consumers to switch their regular protein drink with Horlicks protein plus. The artist is shown picking up a tin from shelf and refers to it as regular protein drink and is also shown replacing the same tin with Horlicks Protein Plus towards the end of the TVC. Advertisement makes the claim of ''Better protein'' attributing from 3 High Quality Proteins and 3 Times Protein. Ends with call to action ''Choose the better protein''. The shape and size of the tin is very similar to Protinex. Please note that no leading health drink is sold in that Tin like packaging. This makes it very clear that the advertiser is intended to target Protinex for comparison. The same advertisements have been spotted on YouTube in different languages. However, they are not officially released by GSK handle. Tamil version https://www.youtube.com/watch?v=I4aB4wEsFuE&feature=youtu.be Complaint 1: Three times protein (3X protein) The advertisement claims that Horlicks Protein Plus has 3 times more protein The initial context set in the said advertisement was that of a competitive advertisement against ‘regular protein drink’’. However, the claim of 3X protein was made against the ‘leading health drink’ and not to ‘leading protein drink’. The reference here: Neilson data comparing to leading health drink brand by market value as reported for the year Jan-Dec 2017 The leading health drink is their own brand – ‘Horlicks’. This comparison is against their own regular Horlicks. This is misleading the consumers. Please find attached the per 100g and per serving values for Protinex and Horlicks Protein Plus Horlicks Protein Plus has less protein than India’s 60 year old heritage brand – Protinex, let alone having 3 times more Protein. If we believe that the advertiser intents to compare the Horlicks Protein Plus with their own regular Horlicks and not with any competition then they should have shown the ‘Pack similar to Horlicks’. However the pack shown in the said advertisement is a ‘Tin’ and Horlicks is not sold in the tin format. Please find attached pack shots. Therefore it is very clear that they want consumers to believe that they are comparing Horlicks Protein Plus against ‘ a regular health drink sold in Tins – read Protinex’ but the facts provided were of their own brand which is not even a Protein drink and is never marketed as Protein drink. Complaint 2: Choose The Better protein The advertisement also claims about Horlicks protein plus having ‘better protein’. However, there is no substantiation provided for the same. This is again misleading the consumers. The Advertisement implies that Horlicks Protein Plus has ‘better protein’ as compared to ‘regular protein drink’ shown in the advertisement. The term ‘better protein’ is scientifically very complex. There is no single definition of what constitutes ‘better protein’. The quantity, quality, type and form of protein are important in defining better protein. The proteins can be classified as complete or incomplete proteins based on the amino acid profile. There are different methods to evaluate ‘quality ‘of protein for ex. PDCAAS (Protein digestibility amino acids corrected score), or recently introduced DIAAS (Digestible Indispensable Amino Acid Score). The form of protein for ex. Intact Vs hydrolysed protein also impacts the absorption of protein and therefor the effectiveness of Protein to deliver those end results. Therefore, the term ‘better protein’ used in this advertisement is without any substantiation and misleading the consumers. The word ‘BETTER’ indicates comparison. However, absolutely no explanation or reference is provided to prove that HOW, and against WHOM Horlicks Protein is a better protein. And if they claim that Horlicks Protein Plus is Better than some other brand then it should be better on all counts of Quantity, Essential Amino Acid profile, Digestion and Absorption. Horlicks Protein Plus doesn’t have highest protein in protein drink category. Horlicks Protein Plus talks about 3 quality proteins but B-Protin which is a brand present in India since 1988 also has same 3 quality proteins. There are many other brands (Resource, Protinex Vanilla, Elaichi, Fruit Mix, Tasty Chocolate) who also have quality proteins. Hence, the term ‘BETTER’ is misleading.” "

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The Complainant as well as the Advertiser representatives were given the opportunity for personal hearing with the Technical expert and the ASCI Secretary General. Data submitted by the complainant and the advertiser was reviewed by the technical expert. The FTCP reviewed the TV Commercial and noted the Advertiser’s written response. The details of the complaint and the rationale for claim support was taken into consideration. The FTCP concluded as follows – Complaint 1: Three times protein (3X protein) Disclaimer - ""Neilson data comparing to leading health drink brand by market value as reported for the year Jan-Dec 2017"" The advertiser argues that the TVC makes the claim 3 times Protein and the same is qualified with ""Neilson data comparing to leading health drink brand by market value as reported for the year Jan-Dec 2017"". Through this claim and the comparison, they wish to inform the consumer about the high protein content in Horlicks Protein Plus in comparison with the leading health drink brand i.e. Horlicks. The qualifier to the said claim makes it clear that the comparison of 3 times Protein is not with Protinex and that there is no category known as “protein drinks” tracked or surveyed by market research agencies and therefore data can be provided only for health drinks. The advertiser submitted pack shots of several other health drinks to indicate that “tin” format is not unique to Protinex. The FTCP considered the advertiser’s submission to be contradictory as the TVC depicts the comparison versus “Regular Protein drink” whereas no such category exists according to their own data. Whereas for the quantitative claim, the advertiser refers to “leading health drink brand” which is not present in a tin format. The advertiser’s claim does not hold true for Protinex Original which is in a tin format. While the claim “3X more protein” was true when compared versus Horlicks classic malt, the FTCP was of the opinion that the TVC was misleading by ambiguity and implication that the protein content was higher than that of Protinex – a leading product drink currently present in a tin format. The FTCP did not agree that the opening frames of the TVC could be de-linked with the 3X more protein claim. This complaint was UPHELD. The TVC contravened Chapter I.4 of the ASCI Code. Complaint 2: “Choose The Better protein” The FTCP noted that the advertiser submitted data to support that the advertised product has a blend of three different sources of proteins which are known to be superior to peanut protein based on the protein quality ranking. The advertiser also submitted the amino acid composition and the essential amino acids present in their product as against the competition. The complainant, however, did not submit any comparative data to support their complaint that the hydrolysed peanut protein in their product is superior to the intact protein blend in the advertised product. The complainant did not have objections regarding the claim of “better quality protein”. Based on the above, the FTCP did not consider the claim “Choose The Better protein” to be objectionable. This complaint was NOT UPHELD. "

 

COMPANY:"PROCTER & GAMBLE HOME PRODUCTS PVT LTD"PRODUCT: Pampers

COMPLAINT:

Pampers.pdf

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The Complainant as well as the Advertiser representatives were given the opportunity for personal hearing with the Technical expert and the ASCI Secretary General. The data submitted by the complainant and the advertiser was reviewed by the technical expert. The FTCP reviewed the TVC, product packaging, YouTube and Digital advertisements and claims made therein and noted the Advertiser’s written response. Claim 1 - Pampers No. 1 Choice of Doctors The advertiser argues that the claim has been arrived at based on a research survey by IPSOS in 2016. Survey was done among 411 doctors, across major Indian cities in different regions. They further acknowledged the need to repeat any market surveys to have up to date evidence of claim statements and they are currently in process of changing their marketing claims, updated based on the latest research. The FTCP noted that the advertiser’s products as well that of the competitors changed since 2016. Therefore the claim does not hold for the advertised product based on the 2016 survey. The Advertiser further submitted that they conducted a survey through Nielsen, wherein the doctors can choose between total brands in the market - including both pants styled and taped styled diapers, including brands covering up to 98% of the market. Named alternatives include KC's Huggies, Unicharm's MamyPoko and P&G's Pampers along with Libero. Additionally, they could name any other diaper brand they would recommend if not already included in the alternatives. The research covers overall brand perception and recommendation, and the results confirm that Pampers (pants and overall the brand - Pampers) is the No 1. Choice of Doctors. While the survey supports the claim “Pampers No. 1 Choice of Doctors’, the FTCP noted that this survey was conducted only among pediatricians who recommend diapers. The FTCP concluded that in absence a qualifier to mention the source and conditions of the survey, the claim is misleading by ambiguity and omission. The advertisements contravened Chapter I.1, I.2 and I.4 of the ASCI code. This complaint was UPHELD. "

 
 

 

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