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Advertising with a Conscience

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CCC Recommendations
 

COMPANY:"Maja Health Care Division"
PRODUCT:"Vi-John Boroshield Antiseptic Cream "

COMPLAINT:

“"I would want to draw your kind attention towards the product VI- JOHN Boro Shield Antiseptic Cream which is widely sold across a lot of retail outlets in Delhi. I too being attracted by the product pack and the product claims at a local retail store in my vicinity in Delhi purchased the said product. I had purchased this product as it claimed to be an Antiseptic Cream and it appeared to be useful product for first aid purposes and also for regular use from its product pack. The product pack claims to have 5 ways Action which heals, protects, brightens, softens and nourishes as it has tea tree oil in it. Least did I know that such claims are only tall and false claims until I used the product and is immensely disappointed to the extent that I am compelled to write this complaint. The product pack and its claims seemed appealing and promising to be a good product when I decided to use this product and to my utter disappointment, I did not find the product to be delivering any of the benefits enumerated on the product pack. The product stated in its pack that it delivers 5 way actions i.e. the product which has tea tree oil in it 1. Heals 2. Protects 3. Brightens 4. Softens 5. Nourishes Rather I found the claim to be false, misleading and being made just to fool the gullible consumer into buying the product. I had used the said product for more than three weeks and for a minor cut on my feet but experienced no effect at all, neither on the minor bruise nor on my skin. The product claimed that it is specially formulated to heal bruises, cuts minors burns and injuries and it also removes blemishes, protects and nourishes skin to make it soft, smooth and glowing. Infact the product states that the tea tree oil mentioned on the product acts as antiseptic agent helps in delivering such reliefs. I was using the product on my skin regularly but saw no noticeable effect but the fact that the product is absolutely not capable of even healing minor cuts and injury as it claims rather surprised me. The fact is that the product was not capable of delivering any of its claims as it promises. Leave apart providing a blemish free skin or softening chapped lips, the tall claim of being specially formulated to heal bruises and cuts simply falls flat. The product claims to have a multipurpose use such as 1. Quick healing from nicks and cuts 2. Treats minor burns/injury 3. Prevents nappy rashes 4. Softens chapped/dry lips 5. Nourishes skin to healthy glow. Such claims are unsubstantiated and the advertiser should be answerable on what basis is it making such tall claims. No clinical study or tests are referred to by the product which states that such results are actually delivered by this antiseptic cream. The product specially refers to tea tree oil being the antiseptic agent based on which the product claims its antiseptic properties and the results it delivers. However the advertiser must substantiate on how tea tree oil delivers such claims. Feeling cheated and duped by the claims of the Advertiser I would like you to please pull up advertisements of such nature which aims at making a fool of the consumers. Considering this to be the appropriate forum to raise my concerns, I would request the company to come up with necessary supporting on their product claims with regards to what kind of testing was done to make such tall claims. Being an aggrieved consumer I wish to know how the Company delivers such claims as I am yet to experience any such benefits / reliefs as made by them. The Company needs to substantiate its claims which would show that their product delivers on what is promised. Also to your query of purchasing 6 packs of Boroshield creams, please note that I have a joint family of 11 people of which two of my children study in residential schools near Mussourie. Thus generally while visiting them I tend to buy all daily use products for them and carry it for their use in hostels. Thus of the 6 packs , I gave each of them 2 packs for use so that it lasts till their holiday break as generally in Dehradun/ Mussourie winter tends to set in by mid- September. I kept two at home for use by other members of my family and myself. But now we have stopped using the product as it is really not worth it and fails to deliver what it promises. I write to you with great hope that you will take some action against such frivolous products. The product specially refers to tea tree oil being the antiseptic agent based on which the product claims its antiseptic properties and the all the above results it delivers like healing nicks and cuts and nourishing and softens skin to healthy glow is because of the presence of tea tree oil . Thus the advertiser must substantiate on how tea tree oil delivers such claims" ”

Recommendation: UPHELD

""The ASCI had approached the advertiser for their response in addressing the grievances of the complainant. However, in the absence of any 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 wherein the claims, “Softens chapped/dry lips” and “Nourishes skin to healthy glow”, were considered to be generic and not objectionable. However, complaint pertaining to claims related to healing / treatment of cuts, burns, nappy rash were upheld due to lack of substantiation. On receiving the CCC recommendation, the advertiser replied that they had not received the ASCI’s earlier communication requesting for their comments on the complaint, and hence would require re-examination of the CCC recommendation. ASCI offered re-examination as well as personal hearing to the advertiser. Advertiser in their response stated that the product has been approved by a panel of AYUSH Department. As claim support data, the advertiser provided Ayurvedic Licence copy, Product composition, GMP certificate, artwork of their product packaging, and product packagings of competitors. However, they did not avail the personal hearing that was offered by ASCI. The CCC viewed the product packaging and considered the advertiser’s response. The CCC observed that the data provided by the advertiser is based on the extracts of certain ingredients. While they have FDA approval for the product composition, the claims are not endorsed by the FDA. No details of the Ayurvedic base of the product formula was provided to consider it’s acceptability as per conventional ayurvedic literature, nor product efficacy / clinical study data was submitted to support the benefits claimed of the advertised product. any product efficacy data for their formulation specific to the benefits attributable to the claimed ingredients. Since these benefits were of medicinal and therapeutic nature and not generic to product category for “moisturization” benefit, it was considered important to have sound rationale as part of claim support. Advertiser’s contention that competitor products also make similar claims was not considered acceptable as those advertisements were not within the scope of the current discussion. The CCC concluded that the claims, “Quick healing from nicks and cuts”, “Treats minor burns/injury”, and “Prevents nappy rashes”, were inadequately substantiated and are misleading by exaggeration. The packaging claims contravened Chapters I.1 and I.4 of the ASCI Code. The earlier recommendation of complaint being Upheld stands on re-examination." "

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

COMPLAINT:

""“The advertisement is to lure patients to do away Kidney transplant. Advertisement claims to reduce Creatinine by treatment of Dr Dassan”" "

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI had approached the advertiser for their response in addressing the grievances of the complainant. On receiving the CCC recommendation, the advertiser replied that they had responded to the complaint within the due date. However, as this response was not received by the concerned staff and was missed from being tabled at the CCC meeting, the complaint was taken up for re-examination of the CCC recommendation. Advertiser in their response stated that they give probability of recovery according to the results shown during the treatment. As claim support data, the advertiser provided copy of patient’s report whose photograph was shown in the advertisement, and copy of registration of doctor of their clinic. The CCC viewed the print advertisement and considered the advertiser’s response. The CCC observed that the data provided was a pathology report of one patient showing the results of before and after the treatment wherein reduction in the level of Creatinine was indicated. The CCC did not agree with the use of creatinine level alone for the basis of claim support as there could be several other causes of renal failure. 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. Moreover, the data submitted by the advertiser was questionable as there were stark discrepancies about the pathology testreport. The CCC outright rejected this report questioning its authenticity. The CCC concluded that the claim related to the treatment of the patient whose photograph was shown in the advertisement (“Ek mahiney ke ilaaz se hi Creatinine 10.24 se 1.9 par samanya aah gaya” (Creatinine was reduced by treatment of Dr. Dassan) was not substantiated with authentic, credible scientific / clinical evidence, and is misleading by exaggeration. The claim, “Kidney rogi transplant se bachh gaya”, 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 earlier recommendation of complaint being Upheld stands on re-examination."

COMPANY:Hindustan Unilever Ltd
PRODUCT:"Lifebuoy Soap "

COMPLAINT:

“"In your Mission Statement you have stated that ASCI is a 'SELF REGULATORY VOLUNTARY ORGANIZATION OF THE ADVERTISING INDUSTRY' which means you are supposed to act as a Watchdog and take suo moto cognizance of any advertisement being telecast in violation of your Standard Code. But to me it appears that many advertisements are being telecast in gross violation of your Standards Code !! Some of the examples violating your Code are as under:- b) Following Clauses of Chapter-I say that:- .1 Advertisements must be truthful. All descriptions, claims and comparisons which relate to matters of objectively ascertainable fact should be capable of substantiation. Advertisers and advertising agencies are required to produce such substantiation as and when called upon to do so by The Advertising Standards Council of India. 1.2. Where advertising claims are expressly stated to be based on or supported by independent research or assessment, the source and date of this should be indicated in the advertisement. In the Lifebuoy Soap advertisement an actress Kajol wears a Doctor's Apron and says- 'Doctor Ki Suno' meaning thereby that she is promoting Lifebuoy as a Doctor. How ridiculous is this when everybody knows that Kajol is just an actress and she has nothing to do with medical profession? When Medical Council of India does not allow Doctors to advertise how such advertisements depicting Models wearing White Aprons pretending to be Doctors are being allowed to be telecast? If you want to wait and take action only when some body complains to you then how you say you are a Self Regulatory Organization? Self Regulation means Regulation by Self on its Own!! Please follow your Mission in letter and spirit and do not allow telecast of misleading advertisements in any manner. Besides influencing gullible consumers in an unethical manner such advertisements also corrupt the minds of youngsters. I sincerely hope you would take immediate notice of the aforesaid advertisements of LIFEBUOY SOAP and ensure zero tolerance compliance with your Advertising Standards Code. The Life Buoy advt is available on the below link:- https://www.youtube.com/watch?v=2Za29qSW_6M On Hindustan Unilever's web page under following URL you can see all Life Buoy advertisements on You Tube/Face Book:- https://www.hul.co.in/brands/our-brands/lifebuoy.html" ”

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 subsequently submitted their written response. The advertiser stated in their response that in the TVC, Kajol has been portrayed as a mother and not as a doctor and she is wearing a white coat which does not give the impression that doctor has recommended Lifebuoy. In the last frame where four models are wearing a while coat, it has been highlighted that Lifebuoy is world’s number one germ protection soap and thus the models, at best, can be perceived to be the technical experts and not doctors. In support of their response, the advertiser provided examples of similar TVCs wherein an actor/model is depicted as a doctor, and copy of CCC recommendations taken in respect of these complaints. The CCC viewed the TVC under complaint and considered the advertiser’s response. The CCC also viewed the other TVCs provided as a reference or as precedence. The CCC did not consider these examples to be relevant in the context of the current complaint under evaluation as the nature of complaints for those and the context and overall execution of the TVCs were different. The CCC observed that the celebrity (Kajol) in the TVC complained against is shown as a mother of one of the students studying in the school. The celebrity posing as doctor was not considered to be objectionable. This complaint was NOT UPHELD. However, the TVC when seen in totality creates an impression that Lifebuoy is recommended by doctors. This is emphasized by the celebrity posing as a doctor wherein she states “doctor se suno ……Isiliye Silver Lifebuoy” and in the last frame of the TVC showing four persons in white coat giving an impression that doctors have endorsed the product. In view of the Code of Medical Ethics prohibiting doctors from endorsing any product and in absence of any market research data indicating that medical professionals in general recommend the advertised product, such visual presentation was considered to be misleading by ambiguity and implication. This part of the TVC contravened Chapter I.1 and I.4 of the ASCI Code. This complaint was UPHELD." "

 

COMPANY:"ANI Technologies Pvt. Ltd "
PRODUCT:"OLA cabs "

COMPLAINT:

""“So these guys promote on various media as Rs29 for 4 kms and charge you higher in the name of access fee. The ad appears in television channels multiple times. Here's a youtube link for your reference https://www.youtube.com/watch?v=_h49CABfAhE&sns=tw ” Couple of points: 1. Terms and conditions say A NOMINAL ACCESS FEE would be charged. The Nominal fee is a varying one everytime and doesn't have any proportion or measurable standards 2. Ola auto doesnt share a receipt on km travelled. They show you fare upfront. Now if the fare is varying one and access fee has no capping the ad should be banned. Thats because it gives a wrong representation. Also nowhere on the ad does this mention about the access fee. Please revert in case of further clarifications. Also to add to the previous messages.. Here's another ad that says access fee varies as per company policy..Dont see a link where compqny policy is defined for access fee. i would expect it to vary as per demand. Moreover what is an access fee even?”" " "

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 argued that they not being a member of ASCI are not bound to submit to ASCI’s jurisdiction. Advertiser further stated that the claim offer contains a disclaimer to mention that Access Fee is applicable, and the Terms and Conditions set out that Access Fee may vary as per the company policy, which is agreed between the advertiser and user-riders. The CCC viewed the website advertisement and the YouTube 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 advertisements and programmes in India. The grievance redressal platform provided by self-regulatory bodies, such as ASCI therefore, function as the first step for aggrieved consumers against advertisements in the media which might not be in line with the existing laws. The CCC observed that in the website advertisement, the claim offer, “Ola Auto now at flat Rs. 29 for 4 kms”, was qualified via disclaimer to mention that T&C apply. However, the position of the disclaimer was 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 CCC viewed the TVC / YouTube advertisement and concluded that the claim offer, “Ola Auto Rs.29 for 4 km” was misleading by omission of a qualifier that the offer is subject to terms and conditions. The TVC / YouTube advertisement contravened Chapter I.4 of the ASCI Code. The complaint was UPHELD." "

 

COMPANY:"Vodafone India Ltd "
PRODUCT:"Vodafone "

COMPLAINT:

“"Get 1GB/ day and unlimited calls at just 198/ month. https://shop.vodafone.in/shop/prepaid/bonus-cards.jsp The calls are not unlimited but are capped. Once we click the link of vodafone ads we see that it says ""Consumers will be able to make free calls worth only 250 minutes per day, and 1,000 minutes per week. Beyond this, they will be charged calls at 30 paise per minute for the remaining day and week, respectively. Also, they can call only a maximum of 300 unique numbers in a 7-day period; eif this limit is breached, the call tariff will become 30 paise per minute for the rest of the validity period."" Hence, they should rightly say they give limited calls and not unlimited.” Advertiser’s Response: “In this context please also note that the advertisement in dispute is a Facebook post. It may kindly be noted that there are restrictions from Facebook on how much text can appear on a post. Pursuant to such restrictions we had to create this advertisement with a short disclaimer, i.e. T&C Apply, which is a hyperlink and is clearly visible on the disputed creative. Clicking on the said hyperlink takes a customer to the website page of the product – where the detailed T&C link and product details are again visible in full details. Under the circumstances, we would like to summarize that as an industry practice, unlimited calling benefits in a prepaid plan are offered to individual retail customers for non-commercial usage only. Accordingly, the benefits are restricted for preventing illegal commercial usage and a suitable disclaimer is incorporated in all the campaigns and advertisements. However, the calling benefits available under such plans are truly unlimited considering usage by individual retail customers. We would like to point out that our campaign which contained the Facebook post in dispute has been called off on the 13th January, 2018 and the said post is no longer available for consumers. However, the detailed T&C for the product has been attached hereto as per your request.”" ”

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 objected to being a Facebook post, was created with a short disclaimer. Clicking on the said hyperlink takes a consumer to the website page of the product where the T&C link and the product details are visible. The CCC viewed the Facebook advertisement and considered the advertiser’s response. The CCC noted that the offer provided by the advertiser was subject to terms and conditions and the facebook advertisement did carry reference to the T&C via disclaimer. However, the advertiser could not substantiate the claim “unlimited” as mentioned in the advertisement. The CCC concluded that the claim, “Unlimited Calls Rs.198/month”, is false and misleading in view of the capping of 250 minutes per day, and 1,000 minutes per week. The website advertisement contravened Chapters I.1 and I.4 of the ASCI Code as well as Clause 1 of ASCI Guidelines for Disclaimers (“A disclaimer can expand or clarify a claim, make qualifications, or resolve ambiguities, to explain the claim in further details, but should not contradict the material claim made or contradict the main message conveyed by the advertiser or change the dictionary meaning of the words used in the claim as received or perceived by a consumer.”). The complaint was UPHELD."

 

COMPANY:"New Delhi Television Ltd. "
PRODUCT:"(NDTV) "

COMPLAINT:

“"Want to complaint against NDTV's claim about being the most trusted brand in their latest ""Trust is earned"" campaigns. Since they have not given the basis of such a claim, would like to know what makes them claim it. I am talking about the one that was released in mid december, say end december. I am unable to trace it on youtube right now. It also talked about the success of save tigers campaign." ”.

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 NDTV was awarded as India’s Most Trusted Media – TV Brand by TRA Research Brand Trust Report, India Study 2015. In July 2015, NDTV entered into an agreement with TRA Research for using the license of TRUST symbol in perpetuity pertaining to the reporting of NDTV ranking in the `The Brand Trust Report’ which was granted. As claim support data, the advertiser provided a copy of the license letter between NDTV and TRA Research, and a copy of the award certificate. 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 NDTV has made the claim without providing any details as to the basis for such a claim. The CCC also considered such use of survey findings of a 2015 study for “perpetuity” and in the TVC aired in December 2017, without any specific reference to the date of the survey, is likely to mislead the consumers. Based on this data, the CCC concluded that the claim, “India’s most trusted Media Brand”, is misleading by omission and exaggeration, and contravened Chapters I.2, and I.4 of the ASCI Code. The complaint was UPHELD." "

 

COMPANY:"The Body Care "
PRODUCT:

COMPLAINT:

“"1. “Fast track program in 9 days.” 2. “Fat reduction and inch loss.” 3. “Reduce up to 6.8 cms from tummy, hips and tighs.” 4. “Get rid from surgery.” 5. “Safe and long lasting.” 6. “Reduce weight up to 10 kilos* + 40-50 cm*." ”.

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 the treatment procedure for weight reduction, nor any weight loss 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, “Fat reduction and inch loss”, “Reduce up to 6.8 cms from tummy, hips and tighs”, and “Reduce weight up to 10 kilos* + 40-50 cm*”, were not substantiated with supporting clinical evidence, and with treatment efficacy data, and are misleading by exaggeration. Claims, “Fast track program in 9 days”, “Get rid from surgery”, “Safe and long lasting”, were not substantiated with supporting data, and are misleading by exaggeration. The visuals in the advertisement imply a significant weight loss around tummy would be feasible, which is also grossly misleading. The advertisement contravened Chapters I.1and I.4 of the ASCI Code. The complaint was UPHELD. "

 

COMPANY:"National Small Industries Corporation "
PRODUCT:

NSCI Tool Room

COMPLAINT:

"“100% Job Guaranteed”"

NATURE OF COMPLAINT:

Recommendation: UPHELD

The ASCI approached the advertiser for their response in addressing the objection raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser 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, “100% Job Guaranteed”, 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 print 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:CL Educate Ltd
PRODUCT:"Career Launcher "

COMPLAINT:

“Upto 100% scholarship.”

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 Students were awarded scholarship based on their performance in the test. 100% scholarship was on offer for 3 meritorious students, and 25% scholarship was given to students with 10 CGPA. As claim support data, the advertiser provided a Presentation (PPT) giving details of Payment receipt of students who enrolled under the scholarship scheme, and few emails to prove Scholarship was offered to students. The CCC viewed the print advertisement and considered the advertiser’s response. The CCC observed that the advertiser had submitted fee receipts and the scholarships were referred to as “discount”. The CCC expressed their concern about the authenticity of the data provided by the advertiser. Based on this evaluation, the CCC concluded that the claim, “Upto 100% scholarship”, was not substantiated with supporting evidence of 100% scholarships availed by any of their students, financial provision made by the institute to grant such scholarship and was misleading by ambiguity, implication and omission of information regarding the amount of scholarship and the total number of scholarships being offered and the criteria used for the same. 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:"Mission An Institute Of Professional Development "
PRODUCT:<

COMPLAINT:

"“Rajasthan's No.1 Institute.”

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 institute claiming to be “Rajasthan's No.1 Institute.”, 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:"Royal IAS Academy "
PRODUCT:

COMPLAINT:

““India's No.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 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 institute claiming to be “India’s No.1”, 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:"Rajyog Academy "
PRODUCT:

COMPLAINT:

““The only institute who has given highest selection in past recruitment.”" ”

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, “The only institute who has given highest selection in past recruitment”, 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:"Om Sri Sai Siksha Samiti "
PRODUCT:Sri Sai Institute of Paramedical Studies & Research

COMPLAINT:

““100% Placement.”" ”

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objection raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser 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, “100% Placement”, was not substantiated with authentic supporting data such as detailed list of students who have been placed through their Institute, contact details of students for verification, enrolment forms and appointment letters received by the students, nor any independent audit or verification certificate. Also, the claim is misleading by exaggeration. The print 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:"RC Teachers Academy "
PRODUCT:

COMPLAINT:

““No.1 DSC coaching centre in Karimnagar.”" ”

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 advertisements and in the absence of any comments or response from the advertiser, the CCC concluded that the claim, “No.1 DSC coaching centre in Karimnagar”, 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:"Saphalta Defence Academy & Hostel "
PRODUCT:

COMPLAINT:

““Guarantee of 100% selection on stamp paper or else get full fee back.” ”

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, “Guarantee of 100% selection on stamp paper or else get full fee back.”, was not substantiated with supporting data for 100% selection of their students and / or any supporting evidence of the students who were refunded with the fees back if they were not selected for the courses offered. The claim is misleading by exaggeration. The advertisement contravened Guidelines for Advertising of Educational Institutions and Programs as well as Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD. "

 

COMPANY:"Image Infotainment Ltd "
PRODUCT:Image Creative Education

COMPLAINT:

““Assured job.” "

NATURE OF COMPLAINT:

Recommendation: NOT 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 advertisements and in the absence of any comments or response from the advertiser, the CCC concluded that the claim, “Assured job”, was not substantiated with verifiable supporting data, and 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:"Rainbow Group of Hospitals "
PRODUCT:Rainbow Children’s Hospital

COMPLAINT:

““India's No.1 Children Hospital.”" ”

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 the claim, “India's No.1 Children Hospital”, was not substantiated with any verifiable comparative data of the advertiser’s hospital and other Children Hospitals in India or through a third party validation. The claim is misleading by exaggeration. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD. "

 

COMPANY:"Ramappa Police Academy "
PRODUCT:Cavin’s Milkshake

COMPLAINT:

““No.1 coaching centre.”" "

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 the claim, “No.1 coaching centre.”, 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:"Hindustan Unilever Ltd "
PRODUCT:

Indulekha Oil

COMPLAINT:

“"“In your Mission Statement you have stated that ASCI is a 'SELF REGULATORY VOLUNTARY ORGANIZATION OF THE ADVERTISING INDUSTRY' which means you are supposed to act as a Watchdog and take suo moto cognizance of any advertisement being telecast in violation of your Standard Code. But to me it appears that many advertisements are being telecast in gross violation of your Standards Code !! Some of the examples violating your Code are as under:- (b) Following Clauses of Chapter-I say that:- . 1 Advertisements must be truthful. All descriptions, claims and comparisons which relate to matters of objectively ascertainable fact should be capable of substantiation. Advertisers and advertising agencies are required to produce such substantiation as and when called upon to do so by The Advertising Standards Council of India. 1.2. Where advertising claims are expressly stated to be based on or supported by independent research or assessment, the source and date of this should be indicated in the advertisement. However in the following cases the advertisements violate these provisions:- (1) The advertisement of Indulekha Oil shows some Dr. Meenakshi Gupta (narration says she is a practicing Doctor in USA) appears and promotes use of this Oil The advertisement neither establishes the real credentials of this Doctor nor does it provide any scientific data in support of its research that use of Indulekha Oil helps in hair regrowth? When Medical Council of India does not allow Doctors to advertise how such advertisements depicting Models wearing White Aprons pretending to be Doctors are being allowed to be telecast? If you want to wait and take action only when some body complains to you then how you say you are a Self Regulatory Organization? Self Regulation means Regulation by Self on its Own !! Please follow your Mission in letter and spirit and do not allow telecast of misleading advertisements in any manner. Besides influencing gullible consumers in an unethical manner such advertisements also corrupt the minds of youngsters. I sincerely hope you would take immediate notice of the aforesaid advertisements of INDULEKHA OIL and ensure zero tolerance compliance with your Advertising Standards Code.’" ”

NATURE OF COMPLAINT:

Claim needs to be substantiated by the advertiser.

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 avail, and submitted their written response. The advertiser had stated in their response that the protagonist - Dr. Meenakshi Gupta shown in the TVC is a professionally qualified and trained Ayurvedic Vaidya from India. She is an Ayurvedic practitioner in USA and is not registered with the Medical Council of India. The claim that Indulekha Oil helps in hair regrowth, is made on the basis of a clinical study conducted by an independent agency for product efficacy on hair growth and reduction in hair fall As claim support data, the advertiser provided a copy of this clinical study report and a copy of product packaging. 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 while the advertiser argues that the doctor in the advertisement is an Indian Ayurvedic doctor practicing in USA, they did not provide evidence of the doctor’s qualification and credentials. She being an Ayurvedic doctor, registration with the Medical Council of India was not a relevant point since it is in the purview of Central Council of Indian Medicine (CCIM). The CCC also noted that an Ayurvedic doctor is not permitted to practice Ayurveda in USA. The CCC concluded that the TVC showing Dr. Meenakshi Gupta and claiming her to be an M. D. Ayurveda practicing in USA, was not adequately substantiated and is misleading by ambiguity and implication. As for the objection raised against the benefits claimed, the Advertiser submitted a test report from an independent third party for the efficacy of the formulation in promoting hair growth (density) and reducing hair fall. The CCC observed that the conclusion of the clinical study stated that Ayurvedic oil should be considered as “adjuvant therapy for hair loss especially in the Indian scenario, where oil application is culturally accepted”, whereas the TVC does not make mention of this fact. The product efficacy being depicted in the visual, attributing the benefit to solely the advertised product, was considered to be misleading. In absence of reference to adjuvant therapy, the claim, “jadon se kaam kare, hairfall gataye aur naye baal ugaye”, was misleading by omission and exaggeration. The TVC contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD." "

 

COMPANY: "IPSA Labs Pvt. Ltd "
PRODUCT:Arodent Aurvedic Gum and Dental Paste

COMPLAINT:

“"Advertisement claims to be Brahmastra. Advertisement claims the toothpaste Brahmastra against pyorrhea As described in a number of Purana, 'Brahmastra' is considered as a very destructive weapon. It is said that when the Brahmastra was discharged, there was neither a counterattack nor a defense that could stop it, except by another Brahmastra, Brahmashirsha astra, or a Brahmanda astra. The Ad misleads that as per research done in America pyorrhoea is more in womens due to hormonal imbalence. They give premature birth to under weight children. Also the advt spreads misconception in older persons to promote the product that heart problems are seen in pyorrhoea patients. The combinations of 18 herbs is also referred from Charak Samhita which is misleading." ”

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 active ayurvedic ingredients are from Ayurvedic Pharmacopia/ Ayurvedic Granth/Charak Sanhita. The term Braham Astra in Ayurveda commonly refers as “Achook Ayurvedic Aushadi”. As claim support data, the advertiser provided a sample of product pack and Ayurvedic references/extracts from the book – Carranza’s Clinical Periodontology about Periodontitis. As this response was inadequate, ASCI requested the advertiser to provide supporting data in substantiation for the claims objected to, specific to the product, and approval copy from the licensing authority for the said product. Advertiser did not provide this information in time for the CCC meeting. The CCC viewed the print advertisement and considered the advertiser’s response. As per the CCC, the word “Brahmastra” means a weapon that results into complete destruction. The CCC concluded that the claim, “Pyorrhoea ke liye Brahmastra”, implies that the product completely cures Pyorrhoea which was not substantiated with product efficacy data and is misleading by implication and gross exaggeration. The claims (in Hindi) as translated in English, “As per research done in America Pyorrhoea is more in women due to hormonal imbalance. They give premature birth to under weight children”, “heart problems are seen in Pyorrhoea patients”, were not substantiated with supporting evidence and with any scientific rationale for the claims. Claim related to “combination of 18 herbs as referred in Charak Samhita are present in the product”, was not substantiated with supporting evidence showing presence of these ingredients in the product, and is misleading. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD." "

 

COMPANY: "Procter & Gamble Hygiene & Health Care Ltd "
PRODUCT:

"Vicks Baby Rub "

COMPLAINT:

“"1. Vicks baby rub uses a mild formula specially developed for babies 2. New BabyRub 3. Contains Aloe Vera and coconut oil with fragrance of Lavender and Rosemary" ”

NATURE OF COMPLAINT:

"1. Reference to claim 1; please substantiate with claim support data. The data should have third party validation. 2. Please provide the evidence for the efficacy of the product. 3. Reference to claim 2; please substantiate what is new in the product. The words New/Improved must specify what aspect of the product/service is new or improved - viz the product’s utility, function, product design, package design etc. Also, the word “new”, “improved” or an ‘improvement’ of a product may be used in advertisements only for a period of one (1) year from the time the new or improved product/service has been launched/introduced in the market. 4. Reference to claim 3; please substantiate with claim support data that the amount of the ingredients is enough to make an impact on the implied claims? 5. Please substantiate if the product can be used on babies without expert supervision. Is it suitable to be used on newborn babies as well? Please clarify. According to us, the advertisement contravenes Chapter 1.1 and 1.4 of ASCI code and ASCI Guidelines for using New/Improved 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 Safety of the product formulation was assessed using in-vitro and in-vivo tests. The studies done to check irritation potential showed favorable results proving that the formulation is suitable to be applied on children/ babies. Vicks BabyRub contains moisturizing ingredients such as Aloe Vera and Coconut Oil in an emollient base, when massaged on to baby’s skin, helps preserve and retain moisture, and therefore keep the skin soft. In addition, BabyRub contains fragrances of Lavender and Rosemary– known for their pleasant aroma. While massage therapy with an emollient base ointment provides moisturizing and soothing benefits, the emollient action together with the aromatic ingredients (rosemary and lavender) help to provide benefits of calmness and relaxation and the related massage therapy involved during the application is considered as comforting care for the baby. The product registration approval was received in May 2017 and the product was launched in the Indian market in November 2017. Hence the product is claimed to be New within the period of one year of its launch in the market. As claim support data, the advertiser provided a sample of the product pack, and Journal / Article references on - The Ontogeny of Skin - Advances in Wound Care, Hydrocarbon Bases, Field T. Touch for socio-emotional and physical well-being, and Massage therapy. Upon carefully viewing the Facebook advertisement, examining the complaint and the response with the supporting data given by the advertiser, the CCC concluded that the Facebook Ad claims, “Vicks baby rub uses a mild formula specially developed for babies”, “New Baby Rub”, and the product/packaging claim in the Ad, “Contains Aloe Vera and coconut oil with fragrance of Lavender and Rosemary”, were not objectionable. The complaint was NOT UPHELD." "

 

COMPANY: "BusinessEX.com "
PRODUCT:

"Certified Business Broker Program "

COMPLAINT:

““Join India’s 1st Certified Business Broker Program” ”

NATURE OF COMPLAINT:

"1. The advt mentions in claim 1 “Join India’s 1st Certified Business Broker Program”, but the source is not provided. Thus there is an omission. 2. How can they claim to be India’s 1st Certified Business Broker Program? Please substantiate the claim with support data. Please clarify According to us, the advertisement contravenes Chapter 1.1, 1.2 and 1.4 of ASCI code. Action to be taken: We propose that the advertisement should be immediately withdrawn."

Recommendation: NOT 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 which they did not avail, but replied requesting for an extension 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 in their response stated that under Certified Business Broker (CBB) program, a candidate has to undergo training by professionals of the Company and gain insight of the various aspects covered under Business Sale. The successful training and interview are pre-conditions to enrollment under CBB. After successful selection, the person is conferred with a Certificate, and is appointed as Business / Channel Partner of the company. As per the advertiser, there is no company in India presently providing similar business offer. The CCC viewed the print advertisement and considered the advertiser’s response. The CCC did not consider the certification under CBB program introduced by the advertiser themselves to be objectionable. In absence of any grounds for objecting to the claim by the complainant such as evidence to show that there are other Certified Business Broker Programs in India, the complaint was NOT UPHELD." "

 

COMPANY:"BSH Household Appliances Manufacturing Pvt. Ltd "
PRODUCT:Bosch Washing Machine

COMPLAINT:

“"“Me and my wife purchased a Bosch Washing Machine via Amazon India online store. I believed that best place to find details of available features is Amazon website and Bosch website. Both Amazon and Bosch where showing the features that I needed and I decided to make the purchase. However after installation I realised that the machine doesn't have most of the program features mentioned on your site. Published Programs and features: Special programmes: Monsoon (Freshen-up) Super Quick 15min / 30 min, Hygiene, Kidswear (Extra clean), Delicate (Silk), Wool (Gentle handwash), Synthetics, Drum Clean, Pre Wash Missing Programs and Features that the Bosch Installation person confirmed: Monsoon (Freshen-up) Super Quick 15min / 30 min, Kidswear (Extra clean), Drum Clean, Pre Wash There might be more features missing. Model No of machine is: WAB16161IN Website Link for Details is: http://www.bosch-home.in/productlist/washerdryer/washing-machines/front-loading-washing-machines/WAB16161IN Product Specification Sheet available on Bosch website is at: https://products.bshpartner.com/picenterext/specsheet/IN/en-IN/WAB16161IN.pdf Amazon India Product purchase page is at: https://www.amazon.in/Bosch-Fully-Automatic-Loading-Washing- WAB16161IN/dp/B01HM60GNK/ After compaints to Bosch: Their phone support person agreed that website has wrong information (I have call recording). But they are not responding on email. Instead of apology they tried telling that they can suggest another machine that has all features and I should but that. So, they are using misselling as opportunity to upsell costlier products. After complaints to Amazon India: They are pushing back, and asking to contact Bosch. Not Mistake but intentional misspelling: I see feedbacks on Amazon as well as Bosch sites of even one year old regarding same misselling. So, It's clear that they are clearly intentionally not correcting the mistake. Customer's (my) position: I am Stuck: This is a large, heavy and expensive product. And purchase and installation means I have spent a lot of time, a lot of effort and a lot of money, even a lot of extra money to prepare the place, water and electricity connections. So, I cannot even return it for a full refund. Customer's (my) Request and Demand: 1. Appropriate corrections must be made to website of both Amazon and Bosch so that others don't get stuck like me. 2. Appropriate actions should be taken so that both sites do not continue misselling. 3. My machine and everyone else's machine should be upgraded to a machine that has all the features that is mentioned on the site, without extra charges. 4. Appropriate compensation should be provided for my wasted time, effort and stress to me. 1. Amazon Sales Page for WAB16161IN: https://www.amazon.in/Bosch-Fully-Automatic-Loading-Washing-WAB16161IN/dp/B01HM60GNK/ (image also attached, taken on 9th Jan 2018, 4:27PM) - I have highlighted few of the missing features. - I have also highlighted some of the similar complaints from customers as old as 15 months. 2. Bosch Site WAB16161IN Tech Specs: http://www.bosch-home.in/productlist/washer-dryer/washing-machines/front-loading-washing-machines/WAB16161IN#!/Tabs=section-technicalspecs/ (image also attached, taken on 9th Jan 2018, 4:52PM) Same missing features are mentioned in multiple places on the site. It is clearly not a typo. 3. Bosch Site WAB16161IN Customer Reviews: http://www.bosch-home.in/productlist/washer-dryer/washing-machines/front-loading-washing-machines/WAB16161IN#/Tabs=section-reviews (image also attached, taken on 9th Jan 2018, 4:52PM) - I have highlighted few similar reviews and complaints which are as old as 10 and 11 months. - It should not have taken more than few days for a responsible company to correct such mistakes. 4. Tech Specification Document downloaded from Bosch site (attached) WAB16161IN.pdf 5. Chat with Bosch India Facebook support (image attached) - They promised to get back to me but not response so far in about a month. 6. Chat with Bosch Global Facebook support (image attached) - They denied to take ownership and asked to contact Bosch India 7. Email Conversation with Amazon India (Email transcript attached) - It in in reverse chronological order. They clearly deny to take responsibility or any action to correct mistakes. 8. Copy of Invoice Attached Invoice.pdf 9. Bosch Global - Contact via web form Attached copy/image of request/response of contact via web form. There has been no response after I submitted the details to their questions send via email. 10. Bosch India - Email request sent but no response (image attached) 11. Bosch Phone Support: Call Recording of phone conversation (9th Jan 2018, 5:27PM) (attached call_17-27-58_OUT_18002661880.m4a) sorry for a little long call recording - I had lost the previous call recording so I made another call just now to Bosch Service number ( 1800 266 1880) , and I was a little more detailed this time. I am sure if you make a call yourself will be provided same information too. - I first confirmed from him if some of the missing features are available in WAB16161IN. I double confirmed, and he said those features ""are there"" in this model. e.g. Super Quick 15 min/30 min and Drum Clean. (For your ease, at around 4:20 minutes in the audio he completely explains the Super Quick feature, then he explains Drum Clean) - After that I mentioned that I have already purchased the machine and said the features are not there. He first argued with me that Super Quick 15 min/30 min feature is there. (around 6:45 minutes) - After some time he agreed that the feature is not there. And mentioned other models that has the feature. (He also gave some wrong information about other missing feature being there. but I did not want to argue on that) - After trying to act as if nothing wrong has happened. At last he promised a call back in 24 hours, that I have already been promised at least 3 times now. Thanks for your help with this. Please feel free to get back to me if you require any more details, or clarification. I know these are huge companies and they can influence anyone to keep their shop running the same way. But I trust and believe that I have reached the right place to get justice, and avoid others to face similar issues.”" ”

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 complainant raised objection against the advertised programme features of the washing machine (model WAB16161IN) on amazon web-site https://www.amazon.in/Bosch-Fully-Automatic-Loading-Washing-%20WAB16161IN/dp/B01HM60GNK/ , as the same model purchased by him did not have many of the program features mentioned therein. These programs were also advertised on the on the advertiser’s website http://www.bosch-home.in/productlist/washer-dryer/washing-machines/front-loading-washing-machines/WAB16161IN#!/Tabs=section-technicalspecs/. In support of his complaint, the Complainant provided copy of correspondence exchanged with the advertiser, Copy of invoice, and Call recordings. As per call recordings, the Bosch representative indicates some features to be present in the specific model ( Speed Perfect, anti-vibration side walls, Manual Drum clean using Cotton 40 program, Quick Wash, Super 15 / 30, Pre-Wash) and later admits that Super 15/30 feature not being there. In another call recording Bosch representative admits to the error on the web-site regarding the advertised program not being available for the model purchased by the complainant (in particular Quick 30). 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, and based on the evidence provided by the complainant, the CCC concluded that the advertiser’s website as well as the Amazon web-page claiming the programme features, “Special programmes: Monsoon (Freshen-up) Super Quick 15min / 30 min, Hygiene, Kidswear (Extra clean), Delicate (Silk), Wool (Gentle handwash), Synthetics, Drum Clean,”, were false for the advertised Model WAB16161IN Serie 2 Front Load Washing Machine, and is misleading by gross exaggeration. The website advertisements contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD." "

 

COMPANY: "LG Electronics India Pvt. Ltd "
PRODUCT:LG K7i Mosquito Away Phone

COMPLAINT:

““World’s First Phone with mosquito away technology” ”

NATURE OF COMPLAINT:

"1. Please substantiate the claim with claim support data. The data should have third party validation. 2. Are there no harmful effects of the mosquito repellent technology on the user since unlike other repellent devices this product comes in frequent contact with the head and ears? Please substantiate with independent claim support data. 3. The advertisement shows a child with the phone. Is it safe for such a device to be used by a child? Please substantiate. According to us, the advertisement contravenes Chapter 1.1, 1.2 and 1.4 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 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 in the absence of any comments or response from the advertiser, the CCC concluded that the claim, “World’s First Phone with mosquito away technology”, was neither substantiated with any scientific support data, evidence of product efficacy nor through any independent audit or verification certificate. The claim is misleading by gross exaggeration. The website advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD. "

 

COMPANY: "Vodafone India Ltd "
PRODUCT:"Vodafone Post-paid Plans "

COMPLAINT:

Vodafone India Ltd.pdf

NATURE OF COMPLAINT:

Recommendation: 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, despite a reminder, the matter was examined by the CCC on the basis of the material available and an exparte decision was taken. On receiving the CCC recommendation, the advertiser submitted their written response. They were also provided with an opportunity to discuss their submission via personal meeting / telecon which they did not avail. Advertiser in their response stated that the claim made has been validated by an independent third party auditor, based on appropriate market/consumer research data and substantiated by verifiable comparative data. As claim support data, the advertiser submitted a copy of the said independent audit certificate. The claim support data provided by the advertiser was reviewed by the technical expert of ASCI. The CCC viewed the print advertisement and the website advertisement and considered the Advertiser’s response as well as the opinion of the Technical expert. The CCC observed that the claim in the advertisement has been qualified via disclaimer to mention that the comparison has been made with “leading Indian Telecom Service Providers”. However, it was not clear that only the top three service providers data has been compared for a claim that appears to be an absolute claim of superiority. There are 11 Telecom service providers mentioned in the TRAI report referenced by Valu Connex in their certificate. Since Valu Connex have not made any effort to compare the offers of the other Telecom service providers, they cannot validate the claim made by Vodafone that it is the best Postpaid plan in India. The data in Appendix II, ‘Net Additions in Wireless Subscribers of Access Service Providers in July 2017’, shows that Reliance Jio as a leading Telecom service provider. Valu Connex have explained in their Certificate that “The Vodafone 499 Plan is about to be launched, hence the data has been collected from Vodafone directly”. Comparing a proposed plan from one service provider with the plans already on offer by the other service providers is not a fair comparison This implies that Valu Connex has not undertaken this data gathering exercise in a totally independent manner. The claim has not been supported by an independent validation of Postpaid plan offers by telecom service providers. Based on this data, the CCC concluded that the claim, “Guaranteed. India’s Best Postpaid Plan”, was inadequately substantiated with any market/consumer research data, or any verifiable comparative data of the advertiser’s postpaid plans and similar postpaid plans of other telecom service providers. The claim is misleading by ambiguity and exaggeration. The print advertisement and the website advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The earlier decision of complaint being Upheld stands on Re-examination." "

 

COMPANY: "Eureka Forbes Ltd "
PRODUCT:Aeroguard Air Purifier

COMPLAINT:

““The advertising looking like misleading advertising because no comparison chart is there. Further how much control over air pollution for whom a child, sr citizen or young. Which area machine is suitable. Any recommendations by any doctor or professional. Doctor's say No any air purifier work it is simply brain wash products is it true.”" ”

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. Advertiser in their response stated that `Aeroguard' has been designed based on scientific research and it does not make any medical claims based on clinical trials. The product is an indoor air purification system based on multiple air purification technologies starting from simple filtration system to sub-micron level particle separation removal from air. The HEPA filter of Aeroguard can remove sub-micron level particles including PM 2.5 and to make the indoor air more safe for human inhaling. As claim support data, the advertiser provided a copy of the Product Performance Certificate from FICCI. The reports state that Aeroguard has successfully removed 99.9% various air pollutants present in the indoor air within 1 hour of its use. Further, the advertiser provided product specification of their models that are currently on sale in the market. The claim support data provided by the advertiser was reviewed by the technical expert of ASCI. The CCC viewed the print advertisement and considered the Advertiser’s response as well as the opinion of the Technical expert presented at the meeting. The CCC observed that the advertiser has not made any superlative claim in the advertisement, hence a comparative chart against other products is not required. Research papers in the open scientific literature establish the ill effects on health arising from particulate matter and other constituents of environmental pollution. A chart giving the product's performance in removing certain environmental pollutants as a function of time, as measured by a third party test of FICCI, was provided by the advertiser. The CCC took on record the advertiser’s response that the purified air is suitable for child, senior citizen or young. For the claim of recommendation from a Doctor or a professional, the CCC observed that there is no claim of a doctor's recommendation nor any specific health claim made in the advertisement. Based on the advertiser’s response with the supporting data provided, the CCC concluded that the advertisement was not objectionable. The various objections raised by the complainant have no basis. The complaint was NOT UPHELD." "

 

COMPANY: "Ashok Leyland Limited "
PRODUCT:

COMPLAINT:

""ASHOK Leyland, a Indian automobile manufacturer, says on their website that: ""Our buses help nearly 70 million people get to their destinations every day. Choose the one that best fits your requirements from our extensive range of 18 to 80 seater buses."" This 70 million or 7 crore people being carried daily is a big number. So this claim needs to be proved. This advertisement is made on their website, under buses option . URL IS SHARED 7 CRORE IS A BIG NUMBER OF PEOPLE BUSES CAN CARRY . PLEASE PROVE IT , AND IF THEY CAN'T PROVE THEY SHOULD NOT SAY IT. THIS WILL BE WRONG IF NOT PROVED NOW. PLEASE PROVE IT . IT SEEMS TO BE MISLEADING. Link of website: www.ashokleyland.com/product/buses" "

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/Internet 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, “Our buses help nearly 70 million people get to their destinations every day. Choose the one that best fits your requirements from our extensive range of 18 to 80 seater buses”, were not substantiated with supporting evidence or through a third party validation, and is misleading by gross exaggeration The website advertisement 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:

“"I am lodging this complaint against Life Span Diabetes Clinics as it violated the provisions of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954. The attached advertisement in the heading as well as at several places claims to treat diabetes, as extracted from the advertisement and quoted below:  WE TREAT DIABETES  Visit India's Leading Chain of Diabetes Treatment Clinic  With 40 clinics across 12 cities, Lifespan is one of the Leading Chain of Diabetes Treatment Clinics in India  This treatment systematically follows ADA (American Diabetes Association) guidelines......  Why take R.I.S.C.TM Tests and Treatments?  Consultation & treatment from Diabetologists based on guidelines of American Diabetes Association  Over 70% of our patients have successfully  R.I.S.C.TM Treatment .... 25% discount on medicines (Limited period offer)  Full Care Treatment Call: 1800 3000 1892 Legal provisions of DMR 1. Definition of Drug under section 2 (b): It is an inclusive definition. It states: (b) “drug” includes- i. a medicine for internal or external use of human beings or animals; ii. any substance intended to be used for or in the diagnosis, cure, mitigation, treatment or prevention of disease in human beings or animals; iii. any article, other than food, intended to affect or influence in any way the structure or any organic function of the body of human beings or animals; iv. any article intended for use as component of any medicine substance or article, referred to in subclauses (i), (ii), and (iii); 2. What is prohibited under section 3: 3) Prohibition of advertisement of certain drugs for treatment of certain diseases and disorders- Subject to the provisions of this Act, no person shall take part in the publication of any advertisement referring to any drug in terms which suggests or are calculated to lead the use of that drug for, - (d). the diagnosis, cure, mitigation, treatment or prevention of any disease, disorder or condition specified in the schedule, or any disease, disorder or condition (by what so ever name called) which may be specified in the rules made under this Act: 3. The Schedule applicable to sections 3 (d) and 14: Sr. No. 9 refers to diabetes. Reasons why the complaint is prohibited under DMR A conjoint reading of the aforesaid legal provisions shows that drug does not merely refer to medicine as understood in common parlance, but the law extends the definition of drug to also include and bring within its ambit any substance used in the diagnosis, cure, mitigation, treatment and prevention of any disease disorder or condition. (So going by this definition, even a simple glucometer would be a drug and its advertisement would be prohibited under the DMR Act). The advertisement in question issued by Life Span Diabetes Clinics against which this complaint is lodged, is therefore, clearly objectionable, being in violation of the DMR Act. Hence, regardless of the efficacy of the claims made in the advertisement, the issuance of the advertisement is per se illegal. ASCI must, therefore, recommend the discontinuation of the advertisement. Even otherwise, there is no scientific data to establish the efficacy of the R.I.S.C.TM Treatment. The efficacy of the treatment requires to be substantiated. Moreover, if the Guidelines of the American Diabetes Association are considered (refer http://care.diabetesjournals.org/content/diacare/suppl/2017/12/08/41.Supplement_1.DC1/DC_41_S1_Combined.pdf), these section 8 of the Guidelines provide for Pharmacologic Approaches to Glycemic Treatment, so it is evident that medication is considered a part of the ""FULL CARE TREATMENT"" advertised. This would be hit by the provision of the DMR Act. No matter from which angle the advertisement is considered, it would be in contravention of the Drugs & Magical Remedies Act, and hence the said advertisement has to be probibited" " ”

NATURE OF COMPLAINT:

 

Recommendation: NOT 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. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. Upon viewing the print advertisement, and in the absence of any comments or response from the Advertiser, the CCC concluded that the claim, “We treat Diabetes” implying cure for Diabetes, was not substantiated with supporting clinical evidence and is misleading by exaggeration and implication. Claims, “Visit India's Leading Chain of Diabetes Treatment Clinic”, “With 40 clinics across 12 cities, Lifespan is one of the Leading Chain of Diabetes Treatment Clinics in India”, “Over 70% of our patients have successfully……” “R.I.S.C.TM Treatment ....”, were not substantiated with supporting data and are misleading by exaggeration. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. This complaint was UPHELD. Claims, “25% discount on medicines (Limited period offer)” and “Full Care Treatment Call: 1800 3000 1892” “Why take R.I.S.C.TM Tests and Treatments?”, were not considered to be objectionable. Claims, “This treatment systematically follows ADA (American Diabetes Association) guidelines......”, and “Consultation & treatment from Diabetologists based on guidelines of American Diabetes Association”, were not considered to be objectionable. The CCC referred to an earlier complaint (1712-C.1821) wherein for the same product/ service, objections against the said claims were Not Upheld. This complaint was NOT UPHELD." " "

 

COMPANY:"“CV Raman Academy for IIT – JEE/PPB Hindu” "
PRODUCT:

COMPLAINT:

“"1. Get upto 100% scholarship 2. Total scholarships worth 7.65 crores" ”

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 requested for an extension of two weeks to submit their written 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 extension. The advertiser had stated in their response that the scholarship mentioned in the advertisement is determined on the basis of the percentage of the basic fees which every student is charged at the time of entering the desired standard. The basic fees referred to are fixed and are not subject to arbitrary changes. They also distribute cash prizes to meritorious students and totaling all these figures and the scholarship figures available for Standard 6 to 12 are taken into consideration. The CCC viewed the print advertisement and considered the advertiser’s response which had only assertions made about the claims. The CCC concluded that the claims “Get upto 100% scholarship” and “Total scholarships worth 7.65 crores” were not substantiated with supporting evidence of 100% scholarships availed by any of their students, financial provision made by the institute to grant such scholarship and was misleading by ambiguity and omission of information regarding the amount of scholarship and the total number of scholarships being offered and the criteria used for the same. The advertisement contravened Guidelines for Advertising of Educational Institutions and Programs as well as Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD." "

 

COMPANY:"BSH Household Appliances Manufacturing Pvt. Ltd (BRIDGE) "
PRODUCT:

"Sristi Community College "

COMPLAINT:

"“100% job placement assistance.””. ”

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI had approached the advertisers (BSH Household Appliances Manufacturing Pvt. Ltd and Sristi Community College) for their response in addressing the objection raised in the complaint. The Advertisers were offered an opportunity for Personal Hearing with the ASCI Secretariat which they did not avail, but BSH Household Appliances replied that the advertisement was not released by them and hence would be unable to share the details. The CCC noted that there was no response from the advertiser’s institute (Sristi Community College) who were responsible for the release of the said advertisement. Upon carefully viewing the print advertisement, examining the complaint and in the absence of response from Sristi Community College, the CCC concluded 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 use of “100%” as a descriptor in the claim is misleading by implication. The advertisement contravened Guidelines for Advertising of Educational Institutions and Programs as well as Chapter I.4 of the ASCI Code. The complaint was UPHELD. "

 

COMPANY:"Ambica Wallpapers "
PRODUCT:

COMPLAINT:

""1. Must visit country's number 1 stock depot to buy at direct merchant's price. 2. No. 1 in Choice, No. 1 in Price, No. 1 in quality". "

NATURE OF COMPLAINT:

"Our objections: 1. Please substantiate claims 1 and 2 with claim support data. The claim support data should have third party Validation. 2. Please substantiate the claims – “No. 1 in Choice, No. 1 in Price, No. 1 in quality” with source and year of the study based on which claims are 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."

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 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 and concluded that the claims (in Gujarati) as translated in English, “Must visit country's number 1 stock depot to buy at direct merchant's price”, and “No. 1 in Choice, No. 1 in Price, No. 1 in quality” were not substantiated with any verifiable comparative data of the advertiser’s service and other competitive stock depots, or through a market survey data, or through a third party validation. The claim is misleading by gross exaggeration. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD. "

 

COMPANY:"OPPO Electronics "
PRODUCT:

"Oppo Mobiles "

COMPLAINT:

“"1. Oppo selfie expert and leader. 2. Actress Deepika Padukone endorses the product."”. ”

NATURE OF COMPLAINT:

"1. Please substantiate claim 1 with claim support data from a financially independent agency to support the claim. 2. 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 (Deepika Padukone) 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. The advertisement claims ""OPPO Selfie expert and leader"". As mentioned in our complaint, the advertiser needs to provide independent reports to substantiate that OPPO is the selfie expert and leader. Also, the advertiser should provide proof that the celebrity 'Deepika Padukone' endorses the claims made."

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. 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/internet 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 “leader” in statement, “Oppo selfie expert and leader”, was not substantiated, with any verifiable comparative data of the advertiser’s product and other competitive products, or through a market survey data, or through a third party validation. The claim is misleading by exaggeration. The complaint regarding endorsement by the Celebrity (Deepika Padukone) was examined by the CCC. The CCC observed that the visual of the celebrity when seen in conjunction with the unsubstantiated claim was likely to mislead the consumers regarding the product. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code, and Clause (d) of ASCI Guidelines for Celebrities in Advertising. The complaint was UPHELD." "

 

COMPANY:"Springfit Mattress "
PRODUCT:

"Springfit Mattresses and sleep systems "

COMPLAINT:

""1. Testimony of Actor Karan and Actress Bipasha “In today’s busy schedule, we take maximum 6 hours of sleep. If we don’t sleep peacefully during these 6 hours, our brain-energy will reduce by 40% and make us less energetic & more irritated. But our Springfit Mattress gives us 6 hours of complete sleep. 2. 6 hours complete sleep. 3. Upto 40% less brain energy"”. ”

NATURE OF COMPLAINT:

"1. Please substantiate the claim with independent reports that the mattress gives 6 hours of complete sleep. 2. Please substantiate the statement “If we don’t sleep peacefully during these 6 hours, our brain-energy will reduce by 40% and make us less energetic & more irritated” with independent reports. 3. Is the advertiser able to submit evidence that the celebrities (Actress Bipasha and Actor Karan) are in agreement with the claims being made in the advt in general and where they both claims “Springfit gives us 6 hours of complete sleep” and “In today’s busy schedule, we take maximum 6 hours of sleep” in particular. The claims made violates clause ‘c’ of the Guidelines for celebrities in Advertising. The visual of the celebrities when seen in conjunction with the claims are likely to mislead consumers regarding the product efficacy. 4. 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 (Actress Bipasha and Actor Karan) in this advt violate (d) clause of the ASCI guidelines According to us, the advertisement contravenes Chapter 1.1 and 1.4 and ASCI Guidelines for Celebrities in Advertising. 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. The advertiser stated in their response the importance of sleep and effects of sleep deprivation. Advertiser further stated that the innovative technology that drives the product is based on scientific research and guarantees optimal hygiene and comfort, resulting into comfortable, healthy and better sleep with optimum support to give 6 hours of complete sleep. The CCC viewed the print advertisement and considered the advertiser’s response. The CCC observed that the advertiser’s response has only assertions regarding the claims made, but no scientific or clinical evidence for the claimed benefits, was provided by the advertiser. The CCC concluded that from the testimonial statements of Actor Karan and Actress Bipasha - “In today’s busy schedule, we take maximum 6 hours of sleep. If we don’t sleep peacefully during these 6 hours, our brain-energy will reduce by 40% and make us less energetic & more irritated. But our Springfit Mattress gives us 6 hours of complete sleep”, claims If we don’t sleep peacefully during these 6 hours, our brain-energy will reduce by 40% and Springfit Mattress gives us 6 hours of complete sleep” were not substantiated with any scientific evidence or proof of product efficacy, and the claims are misleading by gross exaggeration. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint regarding endorsement by the Celebrity was examined by the CCC. It was seen that there are endorsement statements by the celebrities themselves and these endorsements are likely to mislead consumers regarding product efficacy. This contravenes Clause (d) of the Guidelines for Celebrities in Advertising The complaint was UPHELD." "

 

COMPANY: "Guiltfree industries limited "
PRODUCT:"Too Yumm"

COMPLAINT:

""“Virat Kohli indulging in snacks that appear unhealthy. 1) Tag line: ""Eat Lot, Fikar Not"", an invitation to indulge in unhealthy snacks. 2) At timeline 0:30 sec, eating snacks is said to be preferable to healthy salad, even though the disclaimer is legible, its wrong to show. 3)VO: @0:54 secs ""Eat anytime anywhere, as much."" - promoting unhealthy habits This advertisement targets children, so they may insists to have unhealthy snacks (chips, wafers etc...) instead of healthy veggies”"”. "

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 via telecon and subsequently submitted their written response. The advertiser stated that there is no definition of unhealthy food under FSSAI or any governing laws. Too Yumm! is a healthier snacking option, and contains nutritional diet and the average nutritional values of energy varies from 466 kcal to 479 kcal, which is almost 20% of RDA of an adult Indian. Similarly, carbohydrates varies 59g to 65g. Correspondingly the products also contain protein 7g to 14 g which is 10% to 20% of RDA of an adult Indian and 7g dietary fibre which is around 20% of average male Indian RDA. The Oil used for these snacks is Sunflower Oil which is low in saturated fatty acid content against the other products of similar nature who use mostly Palm Oil. Due to these differences the advertiser claims that its snack is healthier than those compared with its competitors. The statement in the TVC ""Eat anytime anywhere, as much"" appears as a part of balanced varied diet. As claim support data, the advertiser provided Journal references on nutritional status of recently developed Makhana, and Study of Physico-Chemical and Engineering Properties of Makhana, and product labels for three different variants of `Too Yumm’. Advertiser in their response provided summary table giving the values of saturated fat and total fat content of Too Yumm! Snack Products with other leading 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 the Technical expert presented at the meeting. The CCC observed that the ready to eat snack with a calorific value of around 470Kcal/ 100g which is lesser than most other snack foods, (variants with wheat/ fox nuts). While this product has a better profile as compared to some others in that segment, if overindulged as suggested in the TVC, it can add to calories, fat calories and sodium. Further, the CCC noted that tthere is no comparison with green leafy vegetables or salads since they are micronutrient rich while apart from magnesium the advertised products do not have significant micronutrients ( no label declaration either). Based on this data, the CCC concluded that the claims, “Eat Lot and Fikar Not” and “Eat anytime anywhere, as much”, contravened 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 comparison with green leafy vegetables shown in the TVC was misleading by omission and implication. The TVC contravened Chapter I.4 of the ASCI Code. The complaint was UPHELD." "

 

COMPANY:"Gopaljee dairy foods private limited "
PRODUCT:

"Ananda Lassi "

COMPLAINT:

""1.Improves digestive system 2.strengthen bones 3.Improves immunity power"” "

NATURE OF COMPLAINT:

"They are selling milk products adding synthetic colour and claiming false health benefits . 1.Improves digestive system 2.strengthen bones 3.Improves immunity power Artifical flavours is known to cause many problems including nervous system depression , dizziness, chest pain ,headache, fatigue and many other problems . How can they claim that the product will book immunity , improves digestive system .”"

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 representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date for this complaint. The CCC viewed the product packaging and observed that the product claims to have probiotics which are known to be good for health, especially the digestive system. However, there was no evidence showing presence of probiotics in the product. In the absence of claim support data, the CCC concluded that the claims, “Improves digestive system”, “Strengthen bones” and “Improves immunity power”, were not substantiated with scientific rationale or evidence of product efficacy, and are misleading by exaggeration. The product packaging contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD." "

 

COMPANY:"The Himalaya Drug Company "
PRODUCT:

"Baby Care Range

COMPLAINT:

""“This Complaint relates to a series of claims made by Himalaya Global Holdings Ltd (""Himalaya"") at several retail outlets across India as advertorial material at point of sale (POS) as posters, display material and other creatives that contain the following claims (""Claims""): a. ""...lndia's No. I Baby Care brand ..."" b. ""...Himalaya provides safest baby care products..."" c. ""...Most Gentle baby care products..."" These Claims are not supported by any relevant data (market data, research survey or otherwise) and are not adequately disclaimed. Through these Claims Himalaya is falsely making assertions of superiority over all other products in the Babycare category including that of Johnson & Johnson's products. These Claims are without any basis or substantiation. This is disparaging of our products. Claim 1: India's No. '1 Baby Care brand Himalaya has not established or demonstrated through sales data, market survey or otherwise that its Babycare brand is the leading brand in the market. It is a well-settled principle that an absolute market superiority claim must necessarily be substantiated and supported by relevant data that clearly establishes the market position of a particular brand over all others in that category. Further, the Advertisement does not disclose any source material, study conducted or data that can be said to support such unilateral assertion ""India's No. 1 Babycare brand"". In the absence of any such disclosure / disclaimer, the claim made in the Advertisement are unsubstantiated and without any basis. In the Advertisement where this Claim appears, the only additional text included is ""Selected by IBC Infomedia (a division of International Brand Consulting Corporation, USA)"". There is no indication as to the basis on which this selection was made. Further, there is no indication whether all available baby care brands in India, including that of Johnson's were duly considered and whether this selection was made on the basis of any ascertainable objective criteria thereby selecting Himalaya over all other brands. This cannot be construed as and does not constitute sufficient substantiation to support Himalaya's superiority claim as the leading or No. 1 Baby Care brand in India. We put Himalaya to strict proof to support its claim. Market superiority claim of this nature must be supported by market data and / or based on research and assessment of independent and reputed agency that is recognised industry-wide. Furthermore, such assessment must be on the basis of objectively ascertainable criteria that clearly demonstrates market superiority on the basis of sales in all geographies and territories to which the claim pertains to. Claims 2 and 3: ""...Himalaya provides safest baby care products..."" ""...Most Gentle baby care products..."" It is not clear on what basis these Claims are being made by Himalaya. We take strong objection to the use of these Claims and put Himalaya to strict proof to demonstrate and prove on what basis Himalaya is making these Claims.”" "

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 requested for an extension of 10 days to submit their written 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 advertiser had stated in their response that the claim of ‘India’s No.1 Baby Care brand’ is based on the award given by IBC lnfomedia. The Survey conducted across 20 major cities of India, stated that Himalaya Baby care got 1117 votes in baby care products category. Further, Nielsen Holdings survey conducted in 2017 in Urban India. showed that majority of the pediatricians agreed that Himalaya Baby Care is committed to Baby care Products. The market survey conducted by IBC and Neilsen clarifies that Himalaya is the most desired and trusted brand in Baby Care Products range in 2017. For the claims, ""...Himalayas provides safest baby care products..."" and ""...Most gentle baby care products..."", the advertiser stated that Himalaya baby care Products includes a wide range of valuable ingredients like Country Mallow, which has the properties of protecting and soothing the skin, Olive Oil, which nourishes and softens the dry skin for skin care products, Aloe Vera, which is anti bacterial and anti inflammatory by nature for diaper related products and several other ingredients. Advertiser also provided various clinical study reports regarding the efficacy and safety of Gentle Baby Soap. The claim support data provided by the advertiser was reviewed by the technical expert of ASCI. The CCC viewed the Ad - POS material and considered the Advertiser’s response as well as the opinion of the Technical expert presented at the meeting. The CCC observed that for the claim of the advertiser claiming to be ‘India’s No.1’ the research conducted showed that at the first stage, about 1000 “Favourite” brands were identified using secondary sources. This was then shortlisted to 150 by the research team using the parameters of Brand Image, Brand Growth, Brand Identity, Brand Leadership, Brand Value, Brand Impact, Brand Innovation, Brand Trust, and Brand Equity. The shortlisted 150 brands were sent to a jury panel. The website explains that “The final list of INDIA'S NO.1 BRANDS was based on cumulative scores received by the jury, editorial team and consumer votes received through surveys. However, there is no clarity on how many respondents were contacted as part of their ‘physical survey’, their profile and split by sample city or how the sampling was done. This does not give any reassurance about the rigour with which the survey was conducted or the manner in which the votes were obtained. The submission by the advertiser of a study done by Nielsen among Pediatricians that was conducted in 7 centres with 224 Pediatricians who prescribe or recommend Baby care products is about their “perception” about the advertiser’s products. However, most consumers do not necessarily rely on Pediatrician recommendations for use, and neither does it shape the consumers’ perception of these products. The CCC observed that in the clinical data submitted for claim support of “safest / most gentle baby care products”, there is no comparison made with other brands in the market that could also have the same or better efficacy as that of the advertiser and these are absolute claims. Based on this evaluation, the CCC concluded that the claims, “India’s No. 1 Baby Care brand” , ""Himalaya provides safest baby care products” and ""Most Gentle baby care products"", were inadequately substantiated and are misleading by gross exaggeration and implication that other competitor products are less safe or less gentle. The Ad - POS contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD." "

COMPANY: ""Fortis Healthcare Ltd/ Fortis Hospital" "
PRODUCT:

COMPLAINT:

"100% treatment of deafness "

NATURE OF COMPLAINT:

Recommendation: UPHELD

""Deafness : Item no.13- Schedule J, Item no.8- DMR Schedule" "

 

COMPANY: ""Vimax Pills India/ Vimax Pills" "
PRODUCT:

COMPLAINT:

""1. To have 25-30 minutes Sex timing. 2. Increase length of penis upto 3-4 inch. 3. 40% Girth (Motai) in Penis" "

NATURE OF COMPLAINT:

Recommendation: UPHELD

""The maintenance or improvement of the capacity of human beings for sexual pleasure. Section 3(b) - DMR Schedule. Item no. 36 – Schedule J" "

 

COMPANY: "Benda Acupuncture & Slimming Centre "
PRODUCT:

COMPLAINT:

"Increase height” "

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

""Stature of persons : Item no. 47- DMR Schedule, Improvement in height of children/adults Item No. 29- Schedule J" "

 

COMPANY:"Slim N Slender "
PRODUCT:

COMPLAINT:

"Remove obesity without operation easilty.” "

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

""Obesity : Item no. 38 – DMR Schedule, Item no. 39- Schedule J" "

COMPANY:"Kalda Burn & Plasitc Surgery Center "
PRODUCT:

COMPLAINT:

"Make breast in shape. "

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"""Form and Structure of the Female Bust. Item No. 21- DMR Schedule Form, Structure of breast: Item no. 19- Schedule J" " "

 

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

COMPLAINT:

""Objection: The visual in the advertisement together with claim objected to implies cure of asthma." ”. "

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

""Ashma: Rule no. 6- DMR Act" "

 

COMPANY:"VNV Herbal Tech/Stone-King Range Of Products "
PRODUCT:

COMPLAINT:

“Most easy solution to remove kidney stones in just 10 days without operation. ”.

NATURE OF COMPLAINT:

Recommendation: UPHELD

""Kidney Stone Item No.22- DMR Schedule" "

 

COMPANY:""Arogyam Ayurvedic Allergy Hospital/ Arogyam Ayurvedic Allergy Hospital" "
PRODUCT:

COMPLAINT:

"Freedom from Asthma. "

NATURE OF COMPLAINT:

Recommendation: UPHELD

""Asthma: Rule no. 6 - DMR Act" "

 

COMPANY:""Arogyam Ayurvedic Allergy Hospital/ Arogyam Ayurvedic Allergy Hospital" "
PRODUCT:

COMPLAINT:

“"Claim: All my problems were cured from the root in 4 months . Objection: The claim objected to implies cure from Asthma." ”

NATURE OF COMPLAINT:

Recommendation: UPHELD

""Asthma: Rule no. 6 - DMR Act" "

 

COMPANY:"Balaji Homeopathy "
PRODUCT:

COMPLAINT:

"1. Successful treatment of Epilepsy, Brain tumour through homeopathy. "

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

""Epilepsy: Item no.17- DMR Schedule, Diseases and Disorders of Brain: Item No. 10- DMR Schedule" "

 

COMPANY:"Dr Balvinder Singh Waliya "
PRODUCT:

COMPLAINT:

"Permanant cure for masculine weakness. "

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 Ayur Neuro Treatment & Research Center/ Dr Dassans Ayurvedic Centre" "
PRODUCT:

COMPLAINT:

"“"1. Paralysed patient is saved from disability. 2. With treatment for a few days he is completely cured." "

NATURE OF COMPLAINT:

Recommendation: UPHELD

""Paralysis: Item No. 39- DMR Schedule" "

 

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

COMPLAINT:

""1. Paralyzed patient is saved from disability. 2. With treatment for a few days he is completely cured ." "

NATURE OF COMPLAINT:

Recommendation: UPHELD

""Paralysis: Item No. 39- DMR Schedule" "

 

COMPANY:"Dr Madhu Varanasi Super Soeciality Homeo Clinic "
PRODUCT:

COMPLAINT:

"Getting cured totally from cancer is possible. "

NATURE OF COMPLAINT:

Recommendation: UPHELD

""Cancer: Item no. 6- DMR Shcedule" "

 

COMPANY:"Dr Samrat Clinic "
PRODUCT:Livon Hair Serum

COMPLAINT:

""1. Experience vigour and excitement at all ages. 2. Special treatment for sexual diseases. 3. Increase height." "

NATURE OF COMPLAINT:

Recommendation: UPHELD

""The maintenance or improvement of the capacity of human beings for sexual pleasure. Section 3(b) - DMR Schedule, Stature of persons: Item No.47- DMR Schedule" "

 

COMPANY:"Dr Yogesh Kayakalp Hospital "
PRODUCT:

COMPLAINT:

"Successful treatment for Obesity,B.P, diabetes (sugar), Paralysis. "

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

""Obesity: Item no. 38- DMR Schedule, Blood Pressure: Item no. 27- DMR Schedule, Diabetes: Item no. 9- DMR Schedule, Paralysis: Item no. 39- DMR Schedule" "

 

COMPANY:"Ganga Ayurvedic Clinic "
PRODUCT:

COMPLAINT:

""1. Make sex unforgettable. 2. Make penis long, thick, strong, hard and shapely. 3. Magical ayurvedic medicine for increasing sex time upto 50-60 minute, premature ejaculation, impotency, wet dreams, lose sperm, sterility." "

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

 

COMPANY:"Ganga Ayurvedic Clinic "
PRODUCT:

COMPLAINT:

""Claims: 1. Make sex unforgettable. 2. Make penis long, thick, strong, hard and shapely. 3. Magical ayurvedic medicine for increasing sex time upto 50-60 minute, premature ejaculation, impotency, wet dreams, sperm, sterility and sugar. Objection : The visual in the ad read in conjunction with the claims objected to imply that the product is meant for sexual enhancement." "

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, Sterility in women: Item no.48- DMR Schedule" "

 

COMPANY:""Gathia Range Of Products/ Ceno India" "
PRODUCT:

COMPLAINT:

"Get rid of arthritis "

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

""Rheumatism: Item no. 43- DMR Schedule" "

 

COMPANY:"Mahamaya Herbals "
PRODUCT:

COMPLAINT:

"Treat diabetes, arthritis and venereal disease successfully through experienced doctors "

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

""Diabetes: Item No. 9- DMR Schedule, Venereal diseases including syphilis, gonorrhoea, soft chancre, venereal granuloma and lymph granuloma-Item no. 54- DMR Schedule, Rheumatism: Item no. 43- DMR Schedule" "

 

COMPANY:"Naveen Clinic "

COMPLAINT:

""1. Sex Problems- male weakness, premature ejaculation, impotence, lack of sperm. 2. Get back strength, vigour and youthfulness" "

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" "

 

COMPANY:"Rishi Ayurved Dawakhana "

COMPLAINT:

"Get rid of obesity in one month. "

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

""Obesity: Item no. 38- DMR Schedule" "

 

COMPANY:"Rjr Siddha Ayur Unani Hospital "
PRODUCT:

COMPLAINT:

"Permanent cure by herbal extracts for tens of thousands of patients affected by various diseases including Asthma. "

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

""Asthma: Rule -6 DMR Act" "

 

COMPANY:"Roshan Clinic "

COMPLAINT:

""Claims:- 1. Masculine weakness? Regain your strength at any age, Whatever be the cause… 2. Sexual Weakness - Nightfall, Short time. Objection: 1.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:"Surya Homoeo Clinic "
PRODUCT:

COMPLAINT:

"Permanent treatment of impotence, premature ejaculation, wet dreams and discharge and lack of sperm. "

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:"Adila Biotech Pvt Ltd./Asth Prash "
PRODUCT:

COMPLAINT:

""1. Get rid of inhaler. 2. The visual of Inhaler pump in the advertisement appears to be misleading and implies cure of Asthma" "

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

""Asthma Rule No.6, DMR Act" "

 

COMPANY:"Atrivarad Multispeciality Ayurved Centre "
PRODUCT:

COMPLAINT:

""Give 100% Guaranteed result on diseases: 1. Kidney stone 2. Asthma 3. Heart blockages 4. Increase in blood sugar 5. Obesity" "

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

""Kidney Stone Item No.22- DMR Schedule Asthma Rule No.6, DMR Act Heart Diseases Item No.26, DMR Schedule Diabetes Item No.9, DMR Schedule Obesity Item no.38, DMR Schedule" "

 

COMPANY:""Chetan Clinic " "
PRODUCT:

COMPLAINT:

"Consult for permanent treatment of sex problems "

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 Asma Herbal/ Commando Range Of Product "

COMPLAINT:

""Energy that will change your life 1. For lack of vigour and stamina. 2. The visual in the Advertisement and in conjunction with the claim in the advertisement implies 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:"Herbal Ayurveda / Herbal Stamina Gain Range "
PRODUCT:

COMPLAINT:

""1. To take complete pleasure of married life by consuming two capsule and massage with oil. Objection: 1.The visual in the ad and product packaging read in conjunction with the claims objected to implies that the products 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:"Herbo Trends "

COMPLAINT:

"Solution for all sexual issues for male and female. "

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"Sexual Impotence Item no. 45- DMR Schedule "

 

COMPANY:"Jaipur Ayush Clinic "

COMPLAINT:

Successful treatment of heart blockage, paralysis, through ayurved. "

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

""Heart Diseases Item No.26, DMR Schedule Paralysis Item No.39, DMR Schedule" "

 

COMPANY:"Jolly Health Care / Jolly Sunsex Gold Range Of Products "

COMPLAINT:

""Claim: 1. To increase energy and strength and gives total satisfaction 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:"Vashudhaiv Kutumbakam Pharmaceuticals Pvt. Ltd/ Life Guard Plus Drop "

COMPLAINT:

""1.Use life guard and keep away diseases 2. 10 drops of lif guard keeps you diseases free forever- heart blockage, obesity, diabetes, cancer" "

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

""Heart Diseases Item No.26, DMR Schedule Obesity Item no.38, DMR Schedule Diabetes Item No.9, DMR Schedule Cancer Item No.6, DMR Schedule" "

 

COMPANY:"Masters Homeopathy "

COMPLAINT:

""1. Work extremely well for sexual problems 2. Give you permanent solution and cure. 3. Gives light in couple’s life without children." "

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

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

 

COMPANY:"Meeta Ayurveda "

COMPLAINT:

""1. Before or after marriage increase sex time. 2. The visual in the ad read in conjunction with the claim objected to implies that the product is meant for enhancement of sexual pleasure." "

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

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

 

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

COMPLAINT:

""1. Amazing formula which eradicates physical weakness 2. Gives vitality and improve the stamina 3. Product & improves the will and libido. Objection: 1. The visual in the ad and 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"The maintenance or improvement of the capacity of human beings for sexual pleasure. Section 3(b) - DMR Schedule." "

 

COMPANY:"Positive Homeopathy "

COMPLAINT:

"1. permanent solution for asthma "

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"""Asthma Rule No.6, DMR Act" "

 

COMPANY:"Sande Homeopathic Hospital "

COMPLAINT:

"Get riddance from Cancer, Liver, Kidney (Dialysis) diseases "

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

""Cancer Item No.6, DMR Schedule Gall stones, kidney stones and bladder stones Item No.22, DMR Schedule" "

 

COMPANY:"Ma Narmada Kripa Company/ Sanjeevani Booti "

COMPLAINT:

""1. Get riddance from cancer with Sanjeevani herbs 2. Cancer killer herbal medicine." "

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

""Cancer Item No.6, DMR Schedule" "

 

COMPANY:"Sex Samadhan Clinic "

COMPLAINT:

""1. To correct small, thin and sloppy organ and get desired sex time 2. get riddance from problems such as impotence, premature ejaculation, wet dreams, childlessness" "

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:"Hashmi Herbal/ Sikandar-E-Azam Plus Capsule "
PRODUCT:

COMPLAINT:

""1. Give amazing power and satisfaction 2. To be useful for undeveloped organ, masculine weakness and awake sexual desire. Objections 1. The visual in the ad read in conjunction with the claim objected to implies that the product is meant for enhancement of sexual pleasure." "

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

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

 

COMPANY:"Hashmi Herbal/ Sikandar-E-Azam Plus Capsule "

COMPLAINT:

""To bring back youthfulness and increases vigour, energy and timing Objections The visual in the ad read in conjunction with the claim objected to implies that the product is meant for enhancement of sexual pleasure." "

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

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

 

COMPANY:"Prem Industries/ Sky Fruit "

COMPLAINT:

"Now say Good bye to Diabetes "

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

""Diabetes Item No.9, DMR Schedule" "

 

COMPANY:"Koneru Lakshmaiah Charities "
PRODUCT:"(KL University) "

COMPLAINT:

""This ad got telecaster in Star MAA Telugu channel on 04 Mar evening @ 2020 hrs approx. Hi I happen to observe ad of KL University today in channel of Sakshi (Telugu) just now. They are giving ad as “Deemed to be university” Is it appropriate to give ad like that. I feel that is actually biasing people. Can you please look into? The reason or back up is as follows. The word “deemed to be university” is not there as on today any where. When people sees the ad, they might read as normal word of deemed university and gets biased on status. This can be written as some thing like “pending for deemed status” but not like what they are writing today which may lead to biased opinion on this institute." "

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 referred to a recent directions issued by the honourable Supreme Court prohibiting Institutes from using “University” in their name if their status was “deemed to be University” (https://www.ugc.ac.in/pdfnews/7165498_UGC-LETTER.pdf) . 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 advertiser’s institute claiming “Deemed to be University”, was false and it’s presentation in the advertisement was misleading by ambiguity and implication. The TVC 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:"BPTDC Institute of Hotel Management "

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. The advertisement contravened Guidelines for Advertising of Educational Institutions and Programs as well as Chapter I.4 of the ASCI Code. The complaint was UPHELD. "

 

COMPANY:"Parth Paramedical Institute "

COMPLAINT:

"“100% Job Guarantee.” "

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objection raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser 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, “100% Job 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 print 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:"Abhay Ayurvedic Pharmacy "
PRODUCT:"Medari Range of Products "

COMPLAINT:

"1. Approved by AYUSH ministry and clinically certified. 2. Gives instant results. 3. No side effects. Visuals in the advertisement appears to be misleading and showing slimming transition "

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 claims, “Gives instant results” and “No side effects”, were not substantiated with product efficacy data for fat reduction. Claim, “Approved by AYUSH ministry and clinically certified”, was not substantiated with supporting evidence of clinical certification. Reference to “approval by Ayush ministry” was considered to be misleading by implication. The claims are misleading by exaggeration. Furthermore, efficacy being depicted via images of before and after the treatment by showing slimming transition are misleading by gross exaggeration. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD. "

 

COMPANY:"Ayurnava Kerala Ayurvedic Treatment Centre "

COMPLAINT:

"“Best Authentic Kerala Ayurvedic Treatment centre in Gurgaon.” "

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 the claim, “Best Authentic Kerala Ayurvedic Treatment centre in Gurgaon”, was not substantiated with any verifiable comparative data of the advertiser’s treatment centre and similar ayurvedic treatment centres in Gurgaon 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 advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD. "

 

COMPANY:"Sagar Malik Ayurveda "

COMPLAINT:

"“Cure damaged knee without operation.”" "

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 the claim (in Hindi) related to the treatment of damaged knee of the patient (Sajja Singh) whose name was mentioned in the advertisement (“Cure damaged knee without operation”), was not substantiated with supporting clinical evidence, and is misleading by gross exaggeration. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD. "

 

COMPANY:"OPTM HealthCare Private Limited "

COMPLAINT:

"Treatment on knee pain. This health care unit claims there treatment on knee pain of Mr. Sunil Shastri son of late PM Lalbahaddur Shastri became younger by 5 years . My complaint is that how this treatment result translated in to feeling younger by 5 years .This gross exaggeration and false claim "

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 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 (in Marathi) related to the treatment of Shri Sunil Shastri whose photograph was shown in the advertisement (“15 divsaani maajhi chikitsa getlaitantar mala 5 varsha peksha lahan vatle”) were false, not substantiated with supporting clinical evidence, are 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 Unilever Limited "
PRODUCT:"Dove Body Lotion "

COMPLAINT:

"“Best moisturisation for 24 hours” "

NATURE OF COMPLAINT:

"1. Kindly provide claim support data with reference to claims 1 and 2. The claim support data should have third party validation. 2. Is the amount of coconut and almonds present in significant quantities to be able to have an impact and contribute to the claimed ingredients? According to us, the advertisement contravenes Chapter 1.1 and 1.4 of ASCI Code."

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 claim has been made basis the results of a comparative clinical study where the product has been tested against market’s leading body lotions/moisturisers brands. Dove has shown statistically significant improvement in moisturisation/hydration of the skin as compared to baseline after 4 hours, 8 hours, 12 hours and 24 hours. This thus proves that the lotion keeps skin moisturized for 24hrs. Dove has also shown statistically significant moisturisation vs 100% Pure Coconut Oil, 100% Pure Almond oil and Fresh Milk Cream which are most widely used home remedies to treat dry skin. Advertiser in their response provided data regarding market share of key players in body lotions/moisturisers brands, and copy of the clinical study reports to evaluate the efficacy of the product in maintaining skin hydration, skin glow and radiance for 24 hours in healthy female subjects. The claim support data was reviewed by the technical expert of ASCI. The CCC viewed the Instagram advertisement and considered the Advertiser’s response as well as the opinion of Technical expert presented at the meeting. The reference to Coconut and almonds in the advertisement was with respect to the product variant. After perusing the data and the submitted explanations provided by the advertiser, the CCC concluded that the claim, “Best moisturisation for 24 hours”, was substantiated for the product chassis. The complaint was NOT UPHELD." "

 

COMPANY:"Hindustan Unilever Limited "
PRODUCT:"Dove Body Lotion "

COMPLAINT:

"“Best moisturisation for 24 hours” "

NATURE OF COMPLAINT:

"1. Kindly provide claim support data with reference to claims 1 and 2. The claim support data should have third party validation. 2. Is the amount of coconut and almonds present in significant quantities to be able to have an impact and contribute to the claimed ingredients? According to us, the advertisement contravenes Chapter 1.1 and 1.4 of ASCI Code."

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 Dove Nourishing Secrets Restoring Rituals Body Lotion is infused with Avocado and Calendula which are known for nourishing and moisturising benefits. The claim has been made basis the results of a comparative clinical study where the product has been tested against market’s leading body lotions/moisturisers brands. The product has shown statistically significant improvement in moisturisation/hydration of the skin as compared to baseline, at all the time points, after 4 hours, 8 hours, 12 hours and 24 hours. The product has also shown statistically significant moisturisation vs 100% Pure Coconut Oil, 100% Pure Almond oil and Fresh Milk Cream which are most widely used home remedies to treat dry skin. Advertiser in their response provided data showing market share of key players in body lotions/moisturisers brands, and copy of a randomized, double blinded, controlled study to evaluate the efficacy of the product in maintaining skin hydration, skin glow and radiance for 24 hours in healthy female subjects, etc. The claim support data was reviewed by the technical expert of ASCI. The CCC viewed the Instagram advertisement and considered the Advertiser’s response as well as the opinion of Technical expert presented at the meeting. The CCC observed that the reference to Avocado and Calendula in the advertisement was with respect to the product variant. After perusing the data and the submitted explanations provided by the advertiser, it was seen that the moisturization provided by Dove body lotion product chassis was more than the competing products as well as the control cases. Based on this data, the CCC concluded that the claim, “Best moisturisation for 24 hours”, was substantiated. The complaint was NOT UPHELD." "

 

COMPANY:"Saboo Sodium Chloro Limited "
PRODUCT:"Surya Salt "

COMPLAINT:

"1. Has magnesium which gives relief in joints pain. 2. Protects from acidity." "

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 upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that the claims, “Has magnesium which gives relief in joints pain”, and “Protects from acidity”, were not substantiated with evidence of product efficacy, and are misleading by gross exaggeration. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD. "

 

COMPANY:"Charak Kayakalp Hospital "

COMPLAINT:

""Instant relief from asthma. After visiting kayakalp hospital, and taking treatment of ayurved panchakarma chikitsa I am completely cured. I do not have to use inhaler pump or take medicines." "

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

""Asthma: Rule no. 6 - DMR Act" "

 

COMPANY:"Dr Dassans Self On Neuro Capsules/ Dr Dassans Ayurvedic Centre "

COMPLAINT:

"Cured 3-year paralyzed patient. patient whose leg, forearm, hand and tongue were unable to work is now cured with dr dassans 4 months treatment. "

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

""Paralysis: Item No. 39- DMR Schedule" "

 

COMPANY:"Good Care Arth Oil & Arth Plus/ Goodcare Pharma "

COMPLAINT:

"Freedom from arthritis. "

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

""Rheumatism: Item no. 43- DMR Schedule" "

 

COMPANY:"Herbal Ayurveda Range Of Products/ Herbal Ayurveda "

COMPLAINT:

"Sure shot medicine for kidney stone and it cures in just 45 days. "

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

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

 

COMPANY:"Herbal Stamina Gain Range/ Herbal Ayurveda "

COMPLAINT:

""Take 2 tablets daily & use our oil to enjoy a happy married life. Objection: The visual on the product packaging & product name with the claim objected to, read in conjunction 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:"Herbal Sugar Free/ Herbal Ayurveda "

COMPLAINT:

"Sure shot medicine for sugar (Diabetes). "

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"Sure shot medicine for sugar (Diabetes). "

 

COMPANY:"Homeo Trends "

COMPLAINT:

""Best treatment for Sexual problems. Erectile problems are treated and sexual life can be happily lead." "

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

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

 

COMPANY:"Japani Range Of Products/ Chaturbhuj Pharmaceuticals "

COMPLAINT:

""The secret of her happiness. 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:"Vaidya Ashwani Kumar "

COMPLAINT:

""Cure Leukoderma The advertisement claims to cure Leukoderma/ Vitilgo, prohibited under D&C Rules and DMR Act." "

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

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

 

COMPANY:"Japani Range Of Products/ Chaturbhuj Pharmaceuticals "

COMPLAINT:

""Secret of a happy married life. 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. The advertisement provides link to website (http://www.japanioilandcapsule.com) which refers to, JAPANI Oil’s unique formulation helps improve blood circulation and addresses loss of penile tension." "

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

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

 

COMPANY:"Maa Clinic "

COMPLAINT:

"Successful treatment of lack of sex in increasing age, impotence, small organ, thinness, sloppy organ, childlessness, 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" "

 

COMPANY:"NuAyurveda Clinic "

COMPLAINT:

""Many Problems, 1 Solution- NuAyurveda clinic, Female disease- Infertility. Sexual Problems -Premature Ejaculation, Impotence" " "

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

""Female Disease : Item no. 18- DMR Schedule 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:"Positive Homeopathy "

COMPLAINT:

"Get rid of Asthma. "

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

""Asthma: Rule no. 6 - DMR Act" "

 

COMPANY:"S.T. Hospital/Hakim Tilak Raj Kapoor Hospital "

COMPLAINT:

"Solution for infertility, sex problems, sugar (Diabetes) "

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

""Infertility: Sterility in Women Item No.48- 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:"Safoof E Mugalliz Khas/ Al Noor Herbal "

COMPLAINT:

"Beneficial in discharge, premature ejaculation, wet dreams, physical weakness. "

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 Siyaram Ayurved Mandir "

COMPLAINT:

"Before or after marriage sexual weakness, Time Problem. "

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

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

 

COMPANY:"Sri Siddhivinayak Hospital "

COMPLAINT:

"Treatment for stone immediately without incisions, operation and admitting. "

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

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

 

COMPANY:"Surya Homoeo Clinic "

COMPLAINT:

"Permanent treatment of white spots with homoeopathy "

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

""Leucoderma: Item no. 33- DMR Schedule" "

 

COMPANY:"Tatkal (Repl)/ Repl India "

COMPLAINT:

""Experience a new sense of 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:"Vedika Kerala Ayurveda "

COMPLAINT:

"Complete treatment of cancer without operation, radiation and chemotherapy through ayurvedic method. "

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

""Cancer Item No.6, DMR Schedule" "

 

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

COMPLAINT:

""Firstly, wash your penis with warm water and take 5-6 drops of Stay-On oil on your palm and slowly massage on the organ. For best results use this oil everyday before sleep and experience like never before. 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:"Sobhasaria Jankalyan Trust "
PRODUCT:"Sobhasaria Group of Institutions "

COMPLAINT:

""1. Awarded Best engineering college in Rajasthan. 2. 100% Placement assistance." "

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

""The ASCI approached the advertiser for their response in addressing the objections raised in the complaint. 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 CCC recommendation, the advertiser submitted their written response. They were provided with an opportunity to discuss their submission via telecon. Advertiser stated that the claim, ""Awarded Best Engineering College in Rajasthan"" was made basis the award they received for being the ""Best Engineering College with Excellent faculty in Rajasthan"" by Asia Education Summit and awards 2017 organized by World Wide Achievers Private Ltd. for the Claim ""100% Placement assistance"", the advertiser stated that they intended to provide training and teaching to each of the students and prepare them for the placement process. As claim support data, the advertiser provided a copy of the award certificate, and List of soft skill trainer and TPO committee for providing placement assistance to their students. The CCC viewed the print advertisement and considered the advertiser’s response. The CCC observed that the advertiser did not provide any survey methodology, details of survey data, criteria used for evaluation, questionnaires used, names of other similar institutes that were part of the survey and the outcome of the survey that conferred the advertiser with the “Best Engineering college with Excellent Faculty in Rajasthan” award as the awarding organization considered this information as confidential since it was a part of their internal and indoor management. The CCC did not agree with the advertiser’s contention as to how the names of other institions compared against and the criteria applicable could be confidential. The CCC concluded that the claim, “Best Engineering college with Excellent Faculty in Rajasthan”, was inadequately substantiated and is misleading by exaggeration. Further, the CCC concluded that while the advertiser may be offering placement assistance to 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. The advertisement contravened Guidelines for Advertising of Educational Institutions and Programs as well as Chapters I.1 and I.4 of the ASCI Code. The earlier decision of complaint being UPHELD stands on Re-examination." "

 

COMPANY:"Eureka Forbes Ltd "
PRODUCT:Aquasure Maxima RO

COMPLAINT:

""“This is in reference to the Advertiser's water purification product 'Maxima R0', under the 'Aquasure' brand and advertisements of the Maxima RO device on their website (http://aquasuremaxima.com/#tab-2) and in the product brochures, wherein the advertiser is claiming a 'Long Cartridge Life of 6000 litres'. This claim also has been made on the Advertiser's website, on the product's e-commerce listing where the product is offered for sale - (https://www.eurekaforbes.com/water-purifiers/aquasure-maxima-ro-uv) and in the User Manual of the product. It is pertinent to note that the listing also provides the maximum limits TDS / turbidity in input water, including the device's range of optimal performance. As a competitor in the same business of selling water purifiers, we believe that the claims made in all of the above-mentioned advertisements, web-listings, manuals etc., the Advertiser would not be in a position to substantiate the same. We would like to bring to your notice, the findings of a recent product testing study at the Mumbai-based 'Bhavan's Research Center'. As per their report in the abovementioned study, after performance evaluation tests conducted on multiple Maxima RO devices, it has been found that under normal-use conditions, with input water TDS and turbidity within the 'claimed range of optimal performance', each one of the tested 'Maxima RO' devices have failed to deliver a Cartridge life of 6000 liters. In fact, the test results show that the performance is well below the promised cartridge life. We have attached their report as Annexure III. We would like to highlight the following aspects of the test reports: 1. For one device, it was reported that with input water TDS level of 2000 mgl and input water turbidity at 1, in spite of 2 interventions by the Advertiser's own technicians (one of which was charged) the Sediment Filter and RO membrane choked in just 1210 liters (as against the claim of 6000 liters), leading to the output flow rate to drop to 0. 2. For another device tested, with TDS levels at 2000 mgl and input water turbidity at 15; in spite of 4 service interventions (cleaning of Sediment Filter and RO Membrane at 1000 liters, 1500 liters, 1760 liters and then finally at 1790 liters), the Sediment Filter and RO Membrane were completely chocked after 1810 liters, thereby dropping the output water flow rate to 0. 3. Similar results were observed for other samples of the Maxima RO devices tested as part of the study. About the claim of 6000-liter cartridge life, we would like to state that the performance life of the product and requirement for servicing interventions are factors which greatly influence consumers' purchase decisions in this category. It is our understanding, that by mentioning 'Long Cartridge Life', the Advertiser is promising a 6000-liter SF and RO Membrane life, with little to no need for servicing. This is very much implicit in the claim which is being made.”" "

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 replied requesting for an extension of two weeks to submit their response. They were granted an extension of two days over the standard lead time of seven days to submit their reply. Advertiser submitted their response by the extended due date and subsequently, their representatives were given personal hearing by ASCI. The advertiser refuted the laboratory reports issued by Bhavan’s Research Centre (BRC) in relation to two of advertiser’s products under the Aquasure Maxima RO range of products. The advertiser disagrees with the complainant’s submitted report as the laboratory had ‘Deviation from standard procedure taken up for testing’ The advertiser stated several discrepancies in the BRC Reports such as both the products tested, albeit with different technical specifications and features, failed to perform at the same time and required intervention on the same day and that the reports were not signed by the concerned officer of BRC, etc. The advertiser argues that the claim of a long cartridge life of 6000 litres is based on standard laboratory conditions. As claim support data, the advertiser provided a copy of the test report+ The claim support data provided by the advertiser was reviewed by the technical expert of ASCI. The CCC viewed the website advertisement, product brochures, and considered the Advertiser’s response as well as the opinion of the Technical expert who was present at the meeting. The CCC observed that the test condition under which the claimed cartridge life is determined is varied. The complainant tests at maximum of specification range, whereas the advertiser at a middle value. At maximum, the specified life is not met, at middle, it is met. Due to the discrepancies highlighted in the complainant’s report, the CCC relied primarily on the data presented by the advertiser. Based on the advertiser’s response with the supporting data, the CCC concluded that the claim, “Long Cartridge Life of 6000 litres” holds under standard test conditions and cartridge life would vary depending on the quality of input water. The CCC observed that the product brochure does not appear to have the claim objected to i.e., ""Long cartridge life of 6000 litres"". However, the reference to 6000 litres is mentioned under ""Maintenance"" section. The section on Technical Specification has a qualifier stating that - ""The performance data presented in the table is applicable under standard laboratory conditions. Actual performance may vary depending on the input water quality, water pressure and condition of filters"". However, the claim does not have any asterix. The CCC noted that while the brochure has such disclosure, the web-site claim of “Long Cartridge Life of 6000 litres” was not qualified. Based on this, observation the CCC considered the advertisements to be misleading by omission. The advertisement contravened Chapters I.4 of the ASCI Code. This complaint was UPHELD for the brochure communication." "

 

COMPANY:"Active Computer Institute & Study Circle "
PRODUCT:

COMPLAINT:

""“This institute is not authorized center from any of the company and no franchisee registration from any of the places than also it is using the word authorized center. It is no the correct way to advertise as student will be falsely demotivated after the joining the institute as it is a local institute infrastructure is not also up to mark. SO IT IS MY REQUEST TO REGISTER A COMPLAIN AGAIN THE WAY THEY ARE USING authorized center.”" "

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"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 advertiser’s institute claiming to be an “authorized center”, was not substantiated with supporting evidence of certificate of authorization from the parent institute. The claim is false and misleading by exaggeration. The advertisement contravened Guidelines for Advertising of Educational Institutions and Programs as well as Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD. "

 

COMPANY:"Luminous Water Technologies Pvt Ltd/ "
PRODUCT:Luminous Livpure RO Water Purifier

COMPLAINT:

"“100% complete RO protection.” "

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 requested for an extension of 3-4 weeks to file their response. The advertiser was granted an extension of six days to the standard lead time of seven days to submit their reply in response to their request for extension. The advertiser had stated in their response that the product was tested for the level of purity as per BIS standards and the results certified that the output water from Livpure RO purifiers conforms to IS 10500:2012 specifications. The advertiser also stated that their range of products have won various awards for its exceptional quality. As claim support data, the advertiser provided a copy of the lab test report for product efficacy. The claim support data was reviewed by the technical expert of ASCI. The CCC viewed the print advertisement and considered the Advertiser’s response as well as opinion of the Technical expert presented at the meeting. The CCC observed that the test report was adequate to substantiate that the water meets RO water quality standards and the claim is factually correct in that it gives whatever protection any other RO water gives . It is well known that RO water in general provides a certain level of purity and therefore a certain level of protection against water-borne infections. Based on this data, the CCC concluded that the claim, ""100% Sampurna RO Suraksha"" (“100% Complete RO protection”) was not objectionable. The complaint was NOT 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:"Dabur India Ltd. "
PRODUCT:"Dabur India Ltd. "

COMPLAINT:

""1. 100% Ayurvedic. Safe to use. 2. With Gold and Kesar Capsules. 3. Strength, Stamina, Power" "

NATURE OF COMPLAINT:

"Our objections: 1. Please substantiate claim 1 to 3 with claim support data. The claim support data should have third party validation. 2. Are there no chemicals, stabilizers or such ingredients used? If yes, then the advt. is misleading. 3. Please provide evidence of approval from Regulatory Authority for marketing of the product. 4. Kindly provide evidence of its efficacy. 5. Are the quantities of Gold and Kesar significant to have the claimed result? According to us, the advertisement contravenes Chapter 1.1, 1.2 and 1.4 of ASCI code and the provisions of Drugs and Magic Remedies Act. 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. The advertiser stated in their response that the product is a 100% Ayurvedic product containing ingredients which are being used since ages in single and in combination in various ayurvedic formulations. The product has been evaluated for safety. Shilajit is a well - balanced blend of herbs and minerals known for providing energy and stamina and contains Gold bhasma and Kesar. As claim support data, the advertiser provided product composition details, product approval details, Published paper on Shilajit Gold, Safety as well efficacy support data. The claim support data was reviewed by the technical expert of ASCI. The CCC viewed the print advertisement and considered the advertisers response as well as the opinion of Technical expert presented at the meeting. The CCC observed that based on the advertiser’s response with the supporting data, the claims, “100% Ayurvedic. Safe to use” , “With Gold and Kesar Capsules” were substantiated. Claim “Strength, Stamina, Power” was derived on the benefits associated with the active ingredients and was not objectionable. The complaint was NOT UPHELD." "

 

COMPANY:"Caram Healthcare India Pvt. Ltd "
PRODUCT:"Caram Healthcare Range of Products "

COMPLAINT:

""1. Re-activate Pancreas Gland. 2. Instant relief by penetrating to the centre of the pain without any side effects." "

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 post the due date. The advertiser stated that most of the Herbs used in Diamedica tablets help in the ""Punashchetana""(Revitalising) of the vital organs like Liver and Pancreas. The CCC viewed the print advertisement and considered the advertiser’s response. The CCC observed that the advertiser’s response has only assertions about the effectiveness of their product based on Auyrvedic Samhithas, but the advertiser did not provide product composition details, scientific rationale, and / or clinical evidence for product efficacy. The CCC concluded that the claims, “Re-activate Pancreas Gland” and “Instant relief by penetrating to the centre of the pain without any side effects”, were not substantiated and are misleading by gross exaggeration. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD." "

 

COMPANY:"OPTM HealthCare Private Limited "
PRODUCT:"Phyto Proflex "

COMPLAINT:

""1. Clinically evaluated by an International University, Italy. 2. 84.3% reduction in pain. 3. Recommended by Experts" "

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 claims, “Clinically evaluated by an International University, Italy”, and “Recommended by Experts”, were not substantiated with supporting evidence of the product being clinically evaluated and details of the experts recommending the product, and are misleading by gross exaggeration. Claim, “84.3% reduction in pain”, was not substantiated with clinical test/trial reports of product efficacy in reducing pain, and is misleading by exaggeration. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD. "

 

COMPANY:"OPTM HealthCare Private Limited "
PRODUCT:"Varco Oil "

COMPLAINT:

""1. Avoid Stocking and Surgery as advised by NIHC England. 2. Recommended by Experts." "

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, “Avoid Stocking and Surgery as advised by NIHC England”, was not substantiated with supporting evidence, and claim, “Recommended by Experts”, was not substantiated with evidence of the product being recommended by the experts. The claims are misleading by gross exaggeration. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD. "

 

COMPANY:"OPTM HealthCare Private Limited "
PRODUCT:"Phytomax Vision "

COMPLAINT:

""Blue Light Filter - Powerful Antioxidant with Oral Technology. Absorbs harmful blue light and helps reduce eye damage. Objection- The claims imply the effectiveness of PhytoMax Vision to cure symptoms of Macular Degeneration." "

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 claims, “Blue Light Filter - Powerful Antioxidant with Oral Technology”, and “Absorbs harmful blue light and helps reduce eye damage”, were not substantiated with clinical evidence of product efficacy, and are misleading by gross exaggeration. When seen in conjunction with the rest of the claims made in the advertisement, the claims are misleading implication that PhytoMax Vision is effective in curing symptoms of Macular Degeneration. Thus, in contravention of the Drugs And Magic Remedies (Objectionable Advertisements) Act, 1954 item 11 (Diseases and disorders of the optical system) The advertisement contravened Chapters I.1, I.4 and III.4 of the ASCI Code. The complaint was UPHELD." "

 

COMPANY:"Ayurwin Pharma Pvt. Ltd "
PRODUCT:"Nutrislim Plus Range of Products "

COMPLAINT:

""Objections- 1. Kindly substantiate the weight loss benefits. 2. The visual in the advertisement appears to be misleading by exaggeration. 3. The claim, “Approved by AYUSH Dept” continues to appear in the attached advertisement and was challenged under complaint reference no.1704-C.71/1708-C.990 which was Upheld by the CCC. Please refer to our email dated 29th May 2017/18th October 2017 conveying the recommendation of CCC. In view of non- compliance this claim has been intimated to the regulatory authority." "

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 claims related to weight loss product benefits were not substantiated with evidence of product efficacy data, and are misleading by exaggeration. Product efficacy being depicted via visuals of before and after the treatment are misleading by gross exaggeration. Claim, “Approved by Ayush Dept.”, was considered to be inappropriate as all AYUSH products in the market are required to have approval from the State Licensing authorities, and calling it out separately as a claim is misleading by ambiguity and implication that Ministry of AYUSH has approved the product efficacy / claims made in the advertisement. The CCC further noted that this claim was taken up under complaints reference no.1704-C.71, 1702-C.1978, and 1708-C.994, which were Upheld by the CCC and it is a continued non-compliance by the advertiser. The print advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD." "

 

COMPANY:"OPTM HealthCare Private Limited "
PRODUCT:"Varco Leg Care "

COMPLAINT:

""I have gone through an advertisement in Times of India on 4th January, 2018. Nano Phyto Pharmacy advertises their product named Varco leg care. In this advt. Following are the 3 major objections from my side: The first objection is on the headline If Varicose Veins Is Not Treated On Time You Might Lose Your Legs. It is absolutely advertisement stunt to make fool the innocent people. One can never lose his/her leg due varicose vein. They are claiming that this OTC product is recommended by the experts. Can they provide the list of experts? A physician or a doctor can never prescribe or recommend OTC products; it is against medicolegal aspects. In their advertisement they are claiming that varco leg care is the No.1 choice of Chemist. Please ask them to provide the documents related to their claims and the list of those chemists whose no. 1 choice is this 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 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 headline claim, “If Varicose Veins Is Not Treated On Time You Might Lose Your Legs”, is false, misleading by gross exaggeration, and exploits the consumers’ lack of knowledge. Claim, “Recommended by experts”, was not substantiated with supporting evidence of the product being recommended by experts. Claim, “No.1 choice of Chemist”, was not substantiated with any verifiable comparative data of the advertiser’s product and similar other products in the same category, to prove that it is the No.1 choice of Chemist, or through an independent third party validation, or evidence showing list of chemists whose No. 1 choice is this product. The print advertisement contravened Chapters I.1, I.4 and I.5 of the ASCI Code. The complaint was UPHELD." "

 

COMPANY:"OPTM HealthCare Private Limited "

COMPLAINT:

""I have gone through an advertisement which was published in a Bengali Newspaper Ei Samay on 18th Jan, 2018. This Advertisement was full of false and misleading information. Please go through the following points and take appropriate action against this fraudulent organisation: 1. On which ground Mr. Apurba Ganguly got honoured as ‘Rose of Paracelsus’ by the President of European Medical Association in Germany. 2. What is the proof of collaboration between Jadavpur University and OPTM? Why Jadavpur collaborate with this fraudulent organization. 3. Mr. Apurba Ganguly is claiming that he is a scientist. I want to know that who is Mr. Apurba Ganguly, scientist, physician, physiotherapist or simply a quack. He is claiming that he had treated patients in more than 10 countries. What is the proof? On which ground he is treating patient?" "

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 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 (in Bengali) related to, “Mr. Apurba Ganguly honoured as ‘Rose of Paracelsus’ by the President of European Medical Association in Germany”, “Collaboration between Jadavpur University and OPTM”, “Mr. Apurba Ganguly claiming to be a scientist, and had treated patients in more than 10 countries”, were not substantiated with supporting evidence and are misleading by gross exaggeration. The print advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD. "

 

COMPANY:"Flipbald Health And Wellness - Flipbald Health & Wellness Products "

COMPLAINT:

""“Increase your stayed weight upto 15 Kg in few days” Objection- The advertisement has made reference to a drug product – “to gain weight with guarantee and it has no side effects and because it is natural it is effective immediately”, but the advertisement shows the FSSAI logo." "

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 to be natural, effective, with no side effects, and increases weight, which is grossly misleading and exploit’s 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 claims (in Hindi) as translated in English, “Increase your stayed weight upto 15 Kg in few days”, testimonial claims, “to gain weight with guarantee and it has no side effects and because it is natural it is effective immediately”, 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 contravened Chapters I.1, I.4 and I.5 of the ASCI Code. The complaint was UPHELD." "

 

COMPANY:"Ultraapower Greenfield Botanical "
PRODUCT:"Ultraapower Green Tea "

COMPLAINT:

""(a) Pomegranate Green Tea - Increase blood cells. (b) Banana Stem Green Tea - Dilute kidney stone. (c) Beetroot Green Tea - Produce more blood. (d) Carrot Green Tea - Cure eye sight. (e) Amla Green Tea - Strengthen bone. (f) Ginger/Garlic/Lemon Green Tea - Removes extra sodium/cholesterol from body. (g) Centella Green Tea - Improve memory power. (h) Cumin Green Tea - Strengthen nervous system. (i) Indian Copper leaf Green Tea - Cleans body cells. (j) Cinnamon Green Tea - Control diabetes. (k) Cloves Green Tea - Increase immunity power. (l) Lemon blossom Green Tea - Control heart disease/diabetes. (m) Veldt Grape Green Tea - Decrease joint pain/Rheumatics. Objection- While the product advertised is a food product, the claims in the advertisement appears to be of therapeutic nature." "

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 claims, “Increase blood cells” (Pomegranate Green Tea), “Dilute kidney stone” (Banana Stem Green Tea), “Produce more blood” (Beetroot Green Tea), “Cure eye sight” (Carrot Green Tea), “Strengthen bone” (Amla Green Tea), “Removes extra sodium/cholesterol from body” (Ginger/Garlic/Lemon Green Tea), “Improve memory power” (Centella Green Tea), “Strengthen nervous system” (Cumin Green Tea), “Cleans body cells” (Indian Copper leaf Green Tea), “Control diabetes” (Cinnamon Green Tea), “Increase immunity power” (Cloves Green Tea), “Control heart disease/diabetes” (Lemon blossom Green Tea), “Decrease joint pain/Rheumatics” (Veldt Grape Green Tea)”, were not substantiated with scientific rationale and / or clinical evidence of product efficacy. Advertisement promoting a food product claiming benefits of therapeutic nature, was misleading by implication and exploit’s consumers’ lack of knowledge and is likely to result in widespread disappointment in the minds of consumers. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD. "

 

COMPANY:"Ashirwad Test Tube Baby Center "

COMPLAINT:

"World class successful treatment for infertility. "

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

""Infertility: Sterility in Women Item No.48- DMR Schedule" "

 

COMPANY:"Dr Puris Health Center "

COMPLAINT:

"Cure sex diseases in 30 minutes. "

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

""The maintenance or improvement of the capacity of human beings for sexual pleasure. Section 3(b) - DMR Schedule Maintenance or improvement of the capacity of the human being for sexual pleasure Item no. 36- Schedule J" "

 

COMPANY:"Indira Infertility & Test Tube Baby Center "

COMPLAINT:

""IVF- Blessing for childless couples. Through IVF technology, childless will be able to conceive." "

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"Infertility: Sterility in Women Item No.48- DMR Schedule" "

 

COMPANY:"Jagruti Test Tube Baby Center "

COMPLAINT:

"Successful treatment of sterility. "

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

""Infertility: Sterility in Women Item No.48- DMR Schedule" "

 

COMPANY:"Divya Upchar Sansthan "

COMPLAINT:

""Freedom from obesity forever. Prevent kidney disease and dialysis." "

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

""Obesity: Item no. 38 – DMR Schedule, Item no. 39- Schedule J, Kidney Stones: Item No.22 – DMR Schedule" "

 

COMPANY:"Dr Poona Preventive Cardiology Center "

COMPLAINT:

"Successful treatment method for patients suffering from heart blockages. "

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"Heart Disease: Item no. 26- DMR Schedule "

 

COMPANY:"Rajshree Medical College & Hospital "

COMPLAINT:

""Cancer prevention. Successful treatment for infertility related problems" "

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

""Cancer- Item No- 6- DMR Schedule, Item No- 8- Schedule J, Infertility: Sterility in Women Item No.48- DMR Schedule" "

 

COMPANY:"Rjn Apollo Spectra Hospital "
PRODUCT:

COMPLAINT:

""Permanent treatment for obesity and diabetes for the first time in Gwalior. The visual in the Ad implies cure for obesity." "

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

""Diabetes: Item No. 9- DMR Schedule, Item no. 14- Schedule J, Obesity : Item no. 38 – DMR Schedule, Item no. 39- Schedule J" "

 

COMPANY:"Sparsha Infertility Centre "
PRODUCT:

COMPLAINT:

"Infertility related different complicated problems of both wife and husband is solved "

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

""Infertility: Sterility in Women Item No.48- DMR Schedule, Sexual Impotence Item no. 45- DMR Schedule, Item no- 47- Schedule J" "

 

COMPANY:"Geetanjali Medical College & Hospital "
PRODUCT:

COMPLAINT:

""Patient suffering from congenital heart diseases got successfully treated. Post successful operation, patient got freedom from congenital heart disease"" "

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"Heart Disease: Item no. 26- DMR Schedule "

 

COMPANY:"Javitri Hosp&Test Tube Baby Center "
PRODUCT:

COMPLAINT:

"Continuous successful results in the field of infertility for 18 years." "

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

Infertility: Sterility in Women Item No.48- DMR Schedule "

 

COMPANY:"Ksc Health & Beauty Care "
PRODUCT:

COMPLAINT:

"Get rid of baldness in just 3 hours "

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"Get rid of baldness in just 3 hours "

 

COMPANY:"Shri Ram Murti Smarak Institute of medical sciences "
PRODUCT:

COMPLAINT:

"High level and successful treatment for cervical (garbhashay griva) cancer "

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"Cancer- Item No- 6- DMR Schedule, Item No- 8- Schedule J "

 

COMPANY:"Chhabras Weight Loss "

COMPLAINT:

""Freedom from obesity. The visual in the Ad implies cure for obesity."”. "

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

""Obesity : Item no. 38 – DMR Schedule, Item no. 39- Schedule J" "

 

COMPANY:"Slim N Slender "

COMPLAINT:

""Most successful and advanced solution to reduce obesity permanently. The visual in the Ad implies cure for obesity" "

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

""Obesity : Item no. 38 – DMR Schedule, Item no. 39- Schedule J" "

 

COMPANY:"Shri Krishna Hospital / Sri Krishna Test Tube Baby Center "
PRODUCT:

COMPLAINT:

"Complete treatment for infertility. "

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"Infertility: Sterility in Women Item No.48- DMR Schedule "

 

COMPANY:"Shri Kalyan Ayurvedashram "
PRODUCT:

COMPLAINT:

"“"Cure Leucoderma Safed Dag Mitao Abhiyan. The advertisement claims to cure Leukoderma/ Vitilgo prohibited under D&C Rules and DMR Act." "

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

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

 

COMPANY:"Jiva Ayurveda "
PRODUCT:Jiva Ojas capsules

COMPLAINT:

""1. Cure Leucoderma 2. fights erectile dysfunction and helps achieve orgasm" "

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. Rakhi’s Natural Breast Care Clinic "

COMPLAINT:

""Increase your Height Enlarge your cup size naturally" "

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

""Stature of persons: Item No.47 - DMR Act Form and Structure of the female bust: Item No. 21, DMR Act"" "

 

COMPANY:"Berry Skin Care "
PRODUCT:"Leuco Kit "

COMPLAINT:

""A Guaranteed Treatment for the Cure of LEUCODERMA I have come to know the advt through facebook to get rid from leucoderma. On visiting the website, it misleadingly claimed to cure leucoderma wih a 'only Brand Delivery Optimal Mixture of Herbs that Ensures Therapeutic out come.'" "

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

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

 

COMPANY:"Akash Dawakhana "

COMPLAINT:

"Paralysis- many patients cured with ayurvedic treatment. "

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"Paralysis: Item No. 39- DMR Schedule "

 

COMPANY:"Bull-O-Stand / Good Times Ventures India Inc "

COMPLAINT:

"Boosts man's vitality, improves sexual performance "

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

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

 

COMPANY:"Cnr Herbal Treatment Centre "

COMPLAINT:

""Diseases of white spot can be cured completely by the herbal treatment given by Cnr herbs. The visual in the ad read in conjunction with the claim objected to implies that the product are meant for the cure of white spots." "

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"Leucoderma Item no. 33 - DMR Schedule. "

 

COMPANY:"Dr. Asma Herbal / Commando Range Of Products "

COMPLAINT:

""Strength up to 3 times, change the life. The visuals in the ad and the product packaging 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:"Dr Balvinder Singh Waliya "
PRODUCT:

COMPLAINT:

"Sure shot treatment for Sex Problems & childlessness (infertility) Nightfall. "

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

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

 

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

COMPLAINT:

""Kidney patient has survived from dialysis. The claim objected to implies cure for kidney elements." "

NATURE OF COMPLAINT:

Recommendation: UPHELD

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

 

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

COMPLAINT:

""1. Kidney patient survived from dialysis with Dr dassans Re Renal. Objection: 2. claim objected to implies cure for kidney elements." "

NATURE OF COMPLAINT:

Recommendation: UPHELD

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

 

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

COMPLAINT:

""1. Paralyzed patient is saved from disability/ handicap with dr dassans Self On Objection: 2. The claim objected to implies prevention of paralysis." "

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"Paralysis: Item No. 39- DMR Schedule "

 

COMPANY:"Herbal Care "

COMPLAINT:

"Soon after the treatment colour of the spots changes and all the chronic spots disappear. "

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"Leucoderma Item no. 33 - DMR Schedule "

 

COMPANY:"Juneja Clinic "
PRODUCT:Juneja Pharmacy

COMPLAINT:

""Sex- Men’s Disease, get strength by 7 days course. Effective from first day for Masculine weakness, small organ, lack of sperm." "

NATURE OF COMPLAINT:

Recommendation: UPHELD

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

 

COMPANY:"Orison Pharma Intl Kala Amb / Kaminijosh Softgel Capsule "
PRODUCT:

COMPLAINT:

""Power for men. Successful treatment of all types of sex related weakness, lack of interest in sex." "

NATURE OF COMPLAINT:

Recommendation: UPHELD

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

 

COMPANY:"Sanjivani Homoeopathic Centre "
PRODUCT:

COMPLAINT:

"Successful treatment for stones without operation." "

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

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

 

COMPANY:"TAJ Hospital "
PRODUCT:

COMPLAINT:

""Taj Hospital – Complete treatment for sexual diseases and see effect in 7 days."" "

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:

""Sahar S.S. Oil and Powder – Give full strength and hold back power" "

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

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

 

COMPANY:"Mfb Herbal Dawakha "

COMPLAINT:

""Say goodbye to obesity The visuals in the ad when read in conjunction with the claim objected to imply that the product are meant for the weight loss." "

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

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

 

COMPANY:"Arogyam Ayurvedic Centre "
PRODUCT:

COMPLAINT:

""Freedom from asthma. All problems got cured after eating medicines for 4 - 5 months. The claim objected to imply cure from asthma." "

NATURE OF COMPLAINT:

Recommendation: UPHELD

""Asthma : Rule -6 DMR Schedule" "

 

COMPANY:"M Bhattacharyya & Co/ Bariffa-X "

COMPLAINT:

""1. Beneficial homeopathy medicine for impotence, sexual weakness, lack of sex desire. 2. German sex tonic formula- Bariffa-X" "

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:"Celestial Biolabs Ltd / Cadalmin Gae "
PRODUCT:

COMPLAINT:

"Successful treatment for arthritis "

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"Rheumatism: Item No. 43- DMR Schedule" "

 

COMPANY:"Dr Dassans Ayurvedic Centre / Dr Dassans Ayur Neuro Treatement & Research Centre "
PRODUCT:

COMPLAINT:

""Claim: 1. Kidney patient has been saved from dialysis and transplant. Objection: 2. The claim objected implies cure for kidney elements." "

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"Kidney Stone Item No.22- DMR Schedule "

 

COMPANY:"Dr Dassans Ayurvedic Centre / Dr Dassans Self On "

COMPLAINT:

""1. Two more paralysis patients have been saved. 2. Patient whose legs, forearm, hand and tongue were unable to work, is completely now cured with dr dassan's 3 months treatment." "

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Paralysis Item No. 39- DMR Schedule "

 

COMPANY:"Gupta Health Clinic "
PRODUCT:

COMPLAINT:

""Claim: 1. Gain masculine strength in just 2 days. 2. Complete cure for small, thin and sloppy organ, impotency, erectile dysfunction, discharge. 3. Increase breast size. Objection: 4. 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 Sexual Impotence Item no. 45- DMR Schedule Form and Structure of the Female Bust - Item No. 21- DMR Schedule" "

 

COMPANY:"Homeocare International "
PRODUCT:

COMPLAINT:

"Say bye to infertility." "

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

""Infertility: Sterility in Women Item No.48- DMR Schedule" "

 

COMPANY:"Homeocare International "
PRODUCT:

COMPLAINT:

"That assurance will cure your disease – diabetes, infertility, asthma & sexual problems. "

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

""Diabetes: Item No. 9- DMR Schedule, Infertility: Sterility in Women Item No.48- DMR Schedule, Asthma: Rule -6 DMR Schedule, The maintenance or improvement of the capacity of human beings for sexual pleasure Section 3(b) - DMR Schedule" "

 

COMPANY:"Chaturbhuj Pharmaceuticals / Japani Tel "
PRODUCT:

COMPLAINT:

""Claim: 1. Bring mellowness in relationship. Objection: 1. The advertisement provides link to website (http://www.japanioilandcapsule.com/japani-oil-for-men.php) which refers to, Japani Oil For Men, which refers to, JAPANI Oil’s unique formulation helps improve blood circulation and addresses loss of penile tension. 2. 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 and shows happiness by using this product." "

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 Clinic "
PRODUCT:Juneja Pharmacy

COMPLAINT:

""Claim: sex weakness, increase vigour, timing and size. 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:"Ipsa Labs Pvt Ltd / Khel Range Of Products "

COMPLAINT:

""“Zor ka jhatka pyara lage” “Khelo Jamke” For excitement, vigour and strength. 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:"“Hasham Manji Padamshi Surmawala / K-Veda Power Kalaunjiprash Gold "

COMPLAINT:

""Golden opportunity to become man from inside. 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:"Sane Care Madhavbaug Ayur Cardiac Clinic / Madhavbaug Ayur Cardiac Reh Center "

COMPLAINT:

""1. Let’s Prevent Diabetes 2. Enjoy totally diabetes free life." "

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

""Diabetes: Item No. 9- DMR Schedule" "

 

COMPANY:"New Ajanta Clinic "
PRODUCT:

COMPLAINT:

"Effective ancient treatment for lack of strength, small size, fast ejaculation, dissatisfaction. "

NATURE OF COMPLAINT:

Recommendation: UPHELD

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

 

COMPANY:"Om Saideep Health Clinic "
PRODUCT:

COMPLAINT:

""Guaranteed treatment (implies cure) for below diseases – wet dreams, thin semen, premature ejaculation, masculine weakness, loose organ, sex problems, small organ, lack and weak sperm. Before/After marriage gain energy and strength. 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 visual in the ad read in conjunction with the claims objected to implies that the product are meant for the enhancement of sexual pleasure "

 

COMPANY:"Positive Homeopathy "
PRODUCT:

COMPLAINT:

Permanently get freedom from infertility. "

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

""Infertility: Sterility in Women Item No.48- DMR Schedule" "

 

COMPANY:"Positive Homeopathy "

COMPLAINT:

"Positive Homeopathy "

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

""Rheumatism: Item No. 43- DMR Schedule"" "

 

COMPANY:"Dr Juneja Ayurveda / Power Tone Joshila "

COMPLAINT:

""Increase love and give feeling of masculinity. 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 / Power Tone Joshila "

COMPLAINT:

""Get strength and vigor 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:"Razor Veda "

COMPLAINT:

"Provide research based permanent solution of sex problems of men. "

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 Shaikh Dainik Jagran, Agra, Spl Dainik" "
PRODUCT:

COMPLAINT:

""Childlessness, Sex-VD 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 Infertility: Sterility in Women Item No.48- DMR Schedule" "

 

COMPANY:"Dr Shaikh "
PRODUCT:

COMPLAINT:

"Masculine power, premature ejaculation, Childlessness, impotence "

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:"Sahar Herbal Pharmacy Pvt Ltd / Gadar Fort Capsule "
PRODUCT:

COMPLAINT:

"Increase sex time upto 25-30 minute" "

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 Herbal Pharmacy/ XXL Cream "

COMPLAINT:

""XXL cream 2’’ to 4’’ Objection: Product name implies that the product is 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 Herbal Pharmacy / Gadar Fort Capsule "
PRODUCT:

COMPLAINT:

"1. For amazing masculine strength. 2. Recommends use of oil as well for better benefit." "

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

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

 

COMPANY:"Shubham Homeo Clinic "
PRODUCT:

COMPLAINT:

""1. Permanent treatment for deafness without operation. 2. If you have had an operation of the ear, however, there are problems with hearing loss and deafness, then you should also contact for permanent treatment." "

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

""Deafness : Item no.8- DMR Schedule" "

 

COMPANY:"Wellness Care / Wellness Care Range Of Products "
PRODUCT:

COMPLAINT:

"Successful treatment of sex problems, masculine strength with Ayurvedic product. "

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

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

 

COMPANY:"Arogyam Ayurvedic Centre/ Arogyam Ayurvedic Centre "
PRODUCT:

COMPLAINT:

""1. Got riddance from asthma. 2. I went for checkup and all my problems were completely cured in five months." "

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

""Asthma : Rule -6 DMR Schedule" "

 

COMPANY:"Balaji Homeopathy "
PRODUCT:

COMPLAINT:

"Brain tumor- patients suffering since 5-7 years who have not got relief from English medicines are cured. "

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

""Diseases and Disorders of Brain: Item No. 10- DMR Schedule" "

 

COMPANY:"Balprada Ayurved Chikitsalay & Anusandhan Kendra "
PRODUCT:

COMPLAINT:

"Diseases like kidney failure types chronic diseases successfully cured through self made ayurvedic medicine. "

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

""Kidney Stone Item No.22- DMR Schedule" "

 

COMPANY:"Bullet Gold Power Capsules "
PRODUCT:

COMPLAINT:

""The true companion of a man, take one capsule with milk for amazing energy. 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:"D S Research Centre "
PRODUCT:

COMPLAINT:

""1. Life does not end with cancer. 2. Have successfully overcome the incurable disease (Cancer) and they are living a normal life." "

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

""Cancer Item No.6, DMR Schedule" "

 

COMPANY:"Alpha Ayurvedic Pahrmaceuticals / Devad dhathu Powder "
PRODUCT:

COMPLAINT:

""Help males to strengthen marital life. Get satisfying health and strength and increase in time. One can enjoy marriage with enthusiasm and energy like that of youth. The advertisement provides link to website (http:// https://www.ayuralpha.com/product.php?code=P08) which refers to, Deva dhatu powder, helps to solve the problems of premature ejaculation and it is a good solution to achieve extended timing for sexual activities." "

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 / Gaharwar Pharma Products "
PRODUCT:

COMPLAINT:

""1. Get strength, aroused and penis growth. 2. By using this you can increase your desire for sex." "

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:

""1. Make the nights memorable. 2. Increase sex timing and cure premature ejaculation, impotence, wet dreams with our magical ayurvedic medicines. Objection: 1. 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, Sexual Impotence Item no. 45- DMR Schedule" "

 

COMPANY:"Herbal Health Care "
PRODUCT:

COMPLAINT:

"Diabetes, Libido deficiency in men, for all these diseases complete cure can be got by permanent herbal treatment "

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

""Diabetes: Item No. 9- DMR Schedule, The maintenance or improvement of the capacity of human beings for sexual pleasure Section 3(b) - DMR Schedule" "

 

COMPANY:"DANONE GROUP "
PRODUCT:"Protinex "

COMPLAINT:

""COMPLAINT 1 The Advertisement makes the following claim: ""With the highest Protein"" The said claim is qualified with ""As per protein content values (declared on pack) for 100 g powder of other leading health drinks"". It is submitted that the said claim is prima facie false and misleading to consumers as the use of the word ""highest"" denotes that product has the most protein i.e. more protein than any other product available in the market which is not the case. The Advertiser's product states it has 34 g protein per 100 g to support its claim of 'highest protein' whereas there is no dearth of other products with higher protein content available in the market. Some examples of the same are Nutrilite All Plant Protein Powder (80g/100g), Resource (45/100g), Nutrix (42g/100g), B Protein (40g/100g) and which clearly have higher protein content than Protinex. Copies of labels of the said products are attached herewith. Apart from being patently false factually, the disclaimer associated with the claim violates the ASCI guidelines on disclaimers as it attempts 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. COMPLAINT 2 The said advertisement is also violative of ASCI requirements with respect to ""Supers"" communicating disclaimers, qualifications etc. in an advertisement which requires that script of the ""Supers"" should be in the same language as the audio of the advertisement. It is submitted that in the case of the advertisement complained against the audio/voice over is in Hindi however all qualifications and disclaimers have been given in English. COMPLAINT 3 The website of the Advertiser http://myprotinex.com/ contains the following claims: ∙ Highest Protein 34% - As mentioned hereinabove, the said claim is completely misleading for the reasons aforesaid and the same are not being repeated for the sake of brevity ∙ #1 prescribed brand - The said claim of the Advertiser is incorrect, misleading and unsubstantiated as no details have been provided to explain the same. ∙ Only brand with Hydrolysed Protein - The said claim of the Advertsier is false as well as misleading. Out of the 5 product variants displayed on the website where this claim is made, only one Protinex Original has the hydrolyzed protein listed on its label. The other 4 variants do not have hydrolyzed protein. This claim misleads consumers who may be deceived into believing that all variants of Protinex contain hydrolyzed protein. Copies of labels of Protinex Original and Protinex Vanilla are attached herewith. Further, the claim of being the only brand with hydrolysed protein is factually incorrect, misleading and deceptive to consumers. There are various other products containing hydrolysed protein available for sale in the market as well as through e-commerce websites. COMPLAINT NO. 4 Alongwith the claim of ""Only brand with Hydrolysed Protein"" the website of the Advertiser further makes the following claim in respect of the benefits of Hydrolysed Protein in the form of a comparison with Intact Protein: ""Faster absorption for instant results and better protein delivery"" Further it is submitted that the aforesaid claim is misleading by exaggeration. Proteins and amino acids are an important part of a diet, and as such, have been the subject of a great deal of discussion and importance, especially among strength/ power athletes. Consumers are often advocated the various benefits of protein such as muscle strength and to avoid age-related muscle loss, weakness and tiredness. Thus, it is evident that consumers associate the results of protein intake with ""muscle mass"" and/ or ""increased strength"". The youtube advertisement of the Advertiser referred above itself talks about 'muscle loss' and 'weak bone strength' and claims the following benefits of protein - Immunity, Strong Bones, Muscle Strength. In light of the above understanding, for the Advertiser to claim ""instant results"" is unscientific, irresponsible, misleading. Digestion of proteins in the human body is a complex process. The following section provides a scientific explanation of this process. A. Proteins ingested in the diet are digested into amino acids or small peptides that can be absorbed by the intestine and transported in the blood (i). Once the amino acids are present in the blood, they are transported to the liver. As with other macronutrients, the liver is the checkpoint for amino acid distribution and any further breakdown of amino acids. All cells in the body continually break down proteins and build new ones, a process referred to as protein turnover. To form these new proteins, amino acids from food and those from protein destruction are placed into a ""pool"". This ""pool"" contains the additional amino acids which can be utilized when an amino acid is required to build another protein in the body (ii). B. Hence, it is evident, that this complex process does not happen ""instantly"", as opposed to simple sugars that appear in blood and raise blood glucose levels quickly (iii). C. Furthermore, the advertiser seeks to offer mere intake of protein as a panacea for muscle protein synthesis without referring to the profound role that exercise plays in muscle protein synthesis. Studies have quoted, ""Nutrientdriven increases in muscle protein synthesis are of finite duration (-1.5 h), switching off thereafter despite sustained amino acid availability. This 'muscle-full set-point' is delayed by resistance exercise (RE) (i.e. the feeding x exercise combination is 'more anabolic' than nutrition alone) even ≥24 h (iv). It is clear from the above, that no ""instant results"" can be guaranteed with protein as the results are shown by involving a lot of complex processes and multi-faceted approach. The advertiser misleads the consumer into believing that perceived results like “strength” and “muscle protein Synthesis” are achieved instantly with the consumption of the product.” " "

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 YouTube advertisement as well as web-site pages 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 - ""With the highest Protein"" – Disclaimer - ""As per protein content values (declared on pack) for 100 g powder of other leading health drinks"". The FTCP noted that the advertiser has compared their product versus top three health drink brands in the market. While the TVC has a disclaimer, the web-site claim is not appropriately qualified. The FTCP was of the view that the claim is a comparative claim and requires appropriate qualifier as the current TVC qualifier appeared to be vague. The claim was misleading by ambiguity and implication. This complaint was UPHELD. COMPLAINT 2 – Disclaimer of YouTube advertisement being in English The FTCP noted that the advertisement is in Hinglish and the claim of “Highest protein” is in English. This was not in contravention of the ASCI guideline on disclaimers. However, the hold duration of the disclaimer was not as per ASCI guidelines. This complaint was UPHELD. COMPLAINT 3 - #1 prescribed brand – The Advertiser submitted data to substantiate the claim of “#1 Prescribed brand”. This was as per the IMS Medical Prescription Audit MAT December 2017. While this claim was considered to be substantiated by FTCP, the relevant disclaimers were not included in the Web-site advertisement. This complaint was UPHELD. COMPLAINT NO. 4 - ""The only brand with Hydrolysed Protein"" The Advertiser states that this claim is with reference to the top three health drink brands and holds for the product variant Protinex Original. The FTCP did not agree with the advertiser’s contention and considered the claim of “The only brand …” to be misleading as it was an absolute claim and neither held when compared to all health drink brands in the market nor its own variants. This claim was not substantiated and was misleading by implication and omission. This complaint was UPHELD. COMPLAINT NO. 5 – ""Faster absorption for instant results and better protein delivery"" The advertiser argued that the word “instant results” refer to faster conversion from hydrolysed protein to Amino Acids in plasma (due to faster digestion and absorption) as compared to intact proteins. However, during the personal hearing with the technical expert, they agreed to remove the word “instant” as it was causing ambiguity. This complaint was UPHELD. The YouTube and web-site advertisements contravened Chapter I.1, I.2 and I.4 of the ASCI code as well as Guidelines on disclaimers. " "

 

COMPANY:"GlaxoSmithKline Consumer Healthcare Ltd "
PRODUCT:"Horlicks "

COMPLAINT:

""A Group of children discuss about being healthy. They Discuss about being stronger and say even super heros consume greens. Then an expert says the problem is not with the mothers but also a study suggests 9 out of 10 children is nutri deficient and shows horlicks can make them stronger and sharper. The advertisement highlights an article which show 9 out of 10. As shown in the advertisement there are lot of articles which gives the exact information. (http://businessworld.in/article/9-In-10-Children-s-Diet- Could-Be-Deficient-InEssential-Nutrients-Study/27-04-2017-117126/) and (http://www.thenewsminute.com/article/9-out-10-childrenbengaluru-lackessential-nutrients-their-diet study-61500). However as shown in the articles and cross verification ono internet no such studies in done by the institution (CIMS). I see this as a improper advertising as it doesnot have valid sources. Please check for the same.( MISSING scientific evidence)” " "

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

""Heard Mr. Vivek Garg, Sr. Scientist and Ms. Varsha Jain, GM Legal in detail on behalf of GlaxoSmithKline Consumer Healthcare Limited. No one appeared on behalf of the Complainant. In the above matter, initially the complainant had complained against a TVC mainly contending that the claim in the advertisement of Horlicks “In a study, up to 9-In-10 Children’s Diet were at risk of being Deficient in Essential Nutrients” is missing scientific evidence and has no valid source. At the initial hearing, no one appeared on behalf of the Advertiser and they informed that the said TVC had already been discontinued. However, it was observed that the said claim appeared in the digital media i.e. website advertisement and YouTube banner advertisement. The above complaint was therefore Upheld by the Consumer Complaints Council (CCC). Thereafter the advertiser wanted a reexamination of the said complaint afresh. Accordingly, the CCC again re-examined the issue and came to the conclusion that the claim, “In a study, up to 9-In-10 Children’s Diet were at risk of being Deficient in Essential Nutrients”, was not substantiated and was misleading by implication and exaggeration. The CCC “UPHELD the complaint on re-examination”. Aggrieved thereby the advertiser has filed the present review application before the Independent Review Process (IRP). It was submitted on behalf of the advertiser, nutrients like Vitamin A, Folate, B12 and Iron were added in the product and in view of the same it was submitted that the above statement “In a study, up to 9-In-10 Children’s Diet were at risk of being Deficient in Essential Nutrients” is fully justified. Mr. Vivek Garg, Sr. Scientist, on behalf of the advertiser conceded that, what was added was only 4 micro-nutrients. It was contended that by adding the above 4 micro-nutrients the deficiency in essential nutrients would be resolved. On a query raised, Mr. Vivek Garg, Sr. Scientist, conceded that essential nutrients would comprise of several macro-nutrients and micro-nutrients. It was strongly contended that the advertiser should be allowed to advertise “In a study, up to 9-In-10 Children’s Diet were at risk of being Deficient in Essential Nutrients” as the claim holds for Vitamin A. After hearing the advertiser at length and after the perusal of the study report, no where it is found that “Upto 9 in 10 children’s diet were being deficient in essential nutrients”. In fact if one were to look at the YouTube banner advertisement, the word Deficient is shown in Red colour in capital letters to provide emphasis and above that the words 9 out of 10 children were also shown boldly giving a clear impression that 9 out of 10 children are suffering from deficiency of essential nutrients in their diet. Obviously, by merely consuming only 4 micro-nutrients the problem of deficiency of essential nutrients in children cannot be resolved. There is absolutely no dispute that essential nutrients comprises of micro and macro nutrients. The study relied upon by the advertiser does not mention anywhere that upto 9 in 10 children’s diet were being deficient in essential nutrients. Under these circumstances, the claim, “In a study, up to 9-In-10 Children’s Diet were at risk of being Deficient in Essential Nutrients”, was not substantiated and was misleading by implication and exaggeration, hence contravenes Chapters I.1 and I.4 of the ASCI Code. The review application is dismissed and the complaint stands UPHELD. " "

 

COMPANY:"Heinz India Private Limited "
PRODUCT:"Complan "

COMPLAINT:

""We briefly set out below our observations on why COMPLAN's claim of enhanced IQ and math ability is patently misleading, unsubstantiated and untenable. Claim: ""ENHANCE IQ AND ANALYTICAL ABILITY"" • Claims related to cognition and intelligence are considered to be supreme level claims. They mandate a robust study plan and absolute cause and effect establishment. Marketers need to exercise caution and responsibility for propagating such claims into consumer communication as they are by their very nature abstract and emotional in nature. • The study referenced by COMPLAN bases its findings using the Malin's Intelligence Scale for Indian Children (MISIC). MISIC is comprised of a total of l I subtests which have 6 verbal scales and 5 performance scales. The measures for Verbal Intelligence (VIQ), Performance Intelligence (P IQ) and Total IQ (T IQ) is analysed as a combined function of results of all the 11 prescribed subscales. In the present study only 3 out of the 11 prescribed subtests have been used viz. Arithmetic, Digit Span and Digit Symbol. • There is no reason provided in the study for the specific use of only the mentioned 3 subscales to arrive to final conclusion of enhanced IQ or analytical skills. The tests conducted are prima facie incomplete. Extrapolating the results of selected subscales which measure only some parameters of intelligence to a blanket claim of enhanced IQ is factually incorrect and misleading. • The study itself does not support any findings of enhanced IQ or math ability. The results of the published study simply observe that ""Supplementation of a health drink can stimulate the physical and cognitive development of the children."" One cannot by any stretch of imagination substantiate a claim of enhanced IQ from the above results. • The study does not mention any control over other confounding factors affecting cognitive development and intelligence i.e. the study does not establish any absolute cause and effect relation of supplementation of COMPLAN to the diet. It fails to prove that the enhancement in ""IQ"" is solely / primarily attributable to the supplementation of the health drink in all the groups and not due to other external factors like routine diet, medication, and other educational sources provided to the subjects. • Table VII in the results section of the study presents that subjects from all the three experiment groups were in the Average / Above Average IQ category at the final stage after completion of the duration of supplementation. The data does not bear out the significance of the difference in movement from one category to the other. • A responsible marketer needs to be mindful that cognitive development and intelligence are supported not only by dietary sources, but various other social and environmental factors and any consumer communication must be accordingly structured.” " "

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

""Heard Mr. R.R. Pal, AVP, R&D and Ms. Preeti Balwani, Head-Legal & Regulatory Affairs in detail on behalf of Kraft Heinz India Pvt Ltd. (Advertiser) and Mr. Pratik Shetty, Marketing and Ms. Farnawaz Mistry, Legal Counsel on behalf of the “Mondelez India Foods Private Limited” (Complainant). In the above matter, basically the complaint was with regard to “Enhance IQ” which is printed boldly on the pack of the product (Complan). The complainant had strongly contended that there was no justification to claim “Enhance IQ” on the packaging and advertisements. The above complaint was heard in detail by the Consumer Complaints Council (CCC) and after perusal of the material, the CCC held that the claim “Enhance IQ” was inadequately substantiated and was misleading by exaggeration, hence contravened Chapters I.1 and I.4 of the ASCI Code and the complaint was accordingly UPHELD. Aggrieved thereby the advertiser has preferred the present review application before the Independent Review Process (IRP). Ms. Preeti Balwani, Head-Legal & Regulatory Affairs, contended that use of the words “Enhance IQ” was fully justified in view of the study report conducted by ‘Avinashilingam University for Women’, Coimbatore in the year 2008. It was submitted that there were two experimental groups and one control group in the said study. The first experimental group of children were given normal diet, Complan with Milk. The second experimental group of children were given normal diet, Complan with Water and not in Milk. The third group, which is the control group were given normal diet but were not given Complan. It was submitted that as per the report, the first two groups by consuming the above health drink had stimulated physical and cognitive development in the children. It was contended on behalf of the advertiser, four tests were conducted and based on same the above report has been prepared. The main contention is that to enable the consumers to easily understand “Cognitive Development”, the claim is articulated as “Enhance IQ”. Therefore it was contended that use of the words “Enhance IQ” was not misleading or an exaggeration and the same ought to be allowed in their advertisements. On behalf of the Complainant, the learned counsel pointed out that from the aforesaid ‘Avinashilingam University for Women’, report, it is clear that only four tests were conducted whereas the report itself mentions under the heading ‘Malin’s intelligence scale for Indian Children’, the scale prescribes eleven subtests, whereas only three tests, namely Arithmetic, Digit Span and Digit Symbol were conducted in addition to ‘Raven’s Coloured Progressive Matrix (RCPM)’ tests. The Learned counsel contended that, for a proper assessment of IQ, all eleven tests ought to have been conducted. The Learned counsel of the Complainant also brought to our notice that the concluding part of the said study report clearly mentions that “supplementing the multi micronutrient rich supplement leads to commendable improvement in the physical performance and cognitive development of the children”. Therefore the contention is that the use of the words “Enhance IQ” was totally unsustainable. After hearing the advertiser as well as the complainant in detail, it is clear from the study report that the supplement by way of Complan led to improvement in physical performance and cognitive development. The study report conducted by experts have chosen not to use the words, “Enhance IQ”. The report also indicates that only three tests were conducted out of the eleven subtests. IQ has various facets and the same can be determined by conducting a large number of tests. In fact the above study report correctly uses the words by way of improvement in “Cognitive Development”. Under these circumstances, the use of the words “Enhance IQ” in the advertisement cannot be justified as the same is misleading by exaggeration, hence contravened Chapters I.1 and I.4 of the ASCI Code. The review application is dismissed and the complaint stands UPHELD. " "

 
 

 

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