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Advertising with a Conscience
 

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ASCI Recommendations
 

COMPANY:"New Delhi Institute Of Management"
PRODUCT:

COMPLAINT:

“Consistent record of 100% finest placement”

NATURE OF COMPLAINT:

“New Delhi Institute Of Management , New Delhi ( published in the telegraph) - Consistent record of 100% finest placement” “I enclosed copies of the above advertisement and request for necessary action .”

Recommendation: UPHELD

"On receiving the CCC’s recommendation, the advertiser sought for a review of the same. Subsequently, the advertiser submitted data of some placed students and students who opted out of placements of 2013-15 and 2014-16 batches, and a copy of third party auditor’s report. The CCC reviewed the data provided for review and noted that the institute has been established in 1992 but the advertiser has been able to provide data of 100% placement for only two batches of 2014-2016 and 2013-2015, as per their Auditor’s report which states, “we have been able to conduct study/scrutiny of placements records of last two batches of 2014-2016 and 2013-2015 and have given their findings of 100% placements after thorough audit of every student file and after cross verification with the stake holders”. This data was not considered adequate for claiming “Consistent record of 100% finest placement” as the data was not presented for year 1992 onwards. Also, the advertisement is misleading by omission of a disclaimer qualifying that “Past record is no guarantee of future job prospects” in the same font size as that of the claim. 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 decision of complaint being Upheld stands on Review."

COMPANY:"Dabur India Ltd. "
PRODUCT:"Dabur Chyawanprash"

COMPLAINT:

“Clinically Tested”, “Double Immunity”

NATURE OF COMPLAINT:

Recommendation: NOT UPHELD

"On receiving the CCC’s recommendation, the advertiser requested for a Review. The advertiser representatives were given personal hearing by ASCI and subsequently, the advertiser submitted additional data as was referred to in the CCC recommendation. As claim support data for review, the advertiser provided textual, preclinical and clinical data on Dabur Chyawanprash till date, detailed report on the product’s clinical study, and quantification of immunity related references. The claim support data was reviewed by the technical expert of ASCI. The CCC viewed the print advertisement and considered the Advertiser’s response as well as the opinion of the Technical expert presented at the meeting. The CCC noted that the advertiser has submitted a review of several different pre-clinical as well as clinical studies that confirm clinical outcomes. Based on this data, the CCC concluded that in the context of the advertisement referring to incidences of cough and colds in children, the claim, “Double immunity”, was substantiated. The complaint is Not Upheld on Review."

COMPANY:"Standard Chartered Bank"
PRODUCT:"Standard Chartered credit card"

COMPLAINT:

“Get up to 10% extra cashback on all spends with your Standard Chartered credit card.*”

NATURE OF COMPLAINT:

"Get up to 10% extra cashback on all spends with your Standard Chartered Credit Card.* Subject to meeting eligibility criteria. Terms and Conditions apply. IF I spend Rs.3,00,000/- in one day by 31st Oct. 2016 then am eligible for 10% Cashback offer, but am actually getting only less than 3.5% cashback as the limit of cashback in amount is limited to Rs.10000/. Thus Standard Chartered Bank is cheating the customers by the offer. Request you to take strict action against banks with misleading advertisements."

Recommendation: UPHELD

"On receiving the CCC’s recommendation, the advertiser responded with a request for a personal hearing. The advertiser representatives were given personal hearing by ASCI, at which time the advertiser was explained the rationale for CCC recommendation. Subsequently, the advertiser responded with additional explanation and details of the qualifiers in the advertisement for review of the CCC recommendation. Advertiser states that the client meets the 3rd tier of the eligibility criteria by spending a total of INR 3 lakhs or more in the eligibility period (5 Oct to 31 Dec 2016). The client in this case would get 10% cash back i.e. INR 10,000 on his/her spends of INR 1 lakh in the offer period (5 Oct to 31 Oct 2016). The bank has not claimed to offer flat 10% cash back on INR 3 lakh spends in October. The CCC reviewed the cashback calculations stated in the advertiser’s response. The table shows that for a Total spend of Rs.3,00,000 and above for the period (5 Oct – 31 Dec 2016 (3 months), the 10% Cashback is being offered on spends made during October only. Also this cashback amount is capped at Rs 10,000. The CCC noted that the actual cashback amount works out to Rs. 30,000/- if the minimum spend of Rs 3,00,000 is made in the October period itself and the Cashback amount as claimed is not valid even for the lowest slab. The CCC did not consider the advertiser’s argument that they have not used terminology such as “Flat 10%” and have used the term “up to 10%” acceptable. The CCC concluded that the claim offer, “Get up to 10% extra cashback on all spends with your Standard Chartered credit card”, is false and is misleading by ambiguity as the cashback being offered is limited to Rs.10,000. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code as well as Clause 2 of the ASCI Guidelines on disclaimers. The complaint being Upheld stands on Review."

 

COMPANY:"Proyurveda Lifescience Pvt Ltd"
PRODUCT:"Max ARTHO Capsules, Oil and Gel"

COMPLAINT:

"“Protecting Joint cartilage by reducing degeneration” “Treating the root cause of Joint pain”"

NATURE OF COMPLAINT:

"The advertisement list many benefits of Max Ortho Oil, Capsule and Gel. Some of the benefits mentioned CAN NOT be obtained. The benefit number 4 and 5 mentioned in the ad says that the product will reduce the degeneration and will work on the root cause of muscle pain. These kind of products can only advertise pain relief and nothing else. How can this product make the claims mentioned in point 4 and 5 of the benefits."

Recommendation: UPHELD

"The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek a personal hearing and submitted their written response. Advertiser states that the product contains ingredient Curcuma longa which has magnificent action on cartilage to prevent its degeneration. As claim support data, the advertiser provided research articles on synergistic chondroprotective effects of curcumin, and curcumin for treatment of Osteoarthritis. The claim support data was reviewed by the technical expert of ASCI. The CCC viewed the print advertisement and considered the Advertiser’s response as well as the opinion of the Technical expert presented at the meeting. The CCC noted that the product is claimed to be under Ayurvedic Proprietary medicine. The product composition or license details were not provided by the advertiser. The noted that data on any one single ingredient does not qualify to justify the claim of a compound formulation. This needs to be substantiated with scientific details to justify the effectiveness of the product. Reference to the US patent for an ingredient to correlate with the whole product is incorrect. In the absence of any evidence of product efficacy, the CCC concluded that the claims, “helps in protecting Joint cartilage by reducing degeneration”, and “helps in treating the root cause of Joint pain”, were inadequately substantiated and are misleading by implication. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

COMPANY:"Nurture Health Care"
PRODUCT:"Medora Capsules"

COMPLAINT:

"Print advertisement claims that Medora capsules deliver weight reduction without any lifestyle changes. False, unsubstantiated and/or misleading claims about weight loss efficacy of the advertised product."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the grievances of the complainant. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date for this complaint. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claim (in Marathi) as translated in English, “Medora capsules deliver weight reduction without any lifestyle changes.”, was not substantiated with evidence of product efficacy, and is misleading by exaggeration. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"ODM Educational Group"
PRODUCT:

COMPLAINT:

“100% placement record during last 4 years”

NATURE OF COMPLAINT:

"I have come across the following misleading and unethical advertisements. Objectionable material - ""100 placement record during last 4 years"" Remarks - No material is there to sustain this claim"

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objection raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date for this complaint. In the absence of comments from the advertiser, the CCC concluded that the claim, “100% placement record during last 4 years”, was not substantiated with any data such as contact details of students for independent verification, enrolment forms and appointment letters received by the students, nor any independent audit or verification certificate. Also, the claim is misleading by exaggeration. The advertisement contravened Guidelines for Advertising of Educational Institutions and Programs as well as Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Qi Lifecare Pvt.Ltd."
PRODUCT:"Qi Spine Clinic"

COMPLAINT:

"“New treatment approach helps 50-year-old achieve complete recovery from 12 years of chronic back pain” “India’s first back pain specialist”"

NATURE OF COMPLAINT:

"I enclose herewith an AD of Qi Spine Clinic published as an Advertorial in Mumbai Mirror dt 29/11/2016. My objection are as follows: 1) The AD proclaims New treatment approach helps 50 year old achieve complete recovery from 12 years of chronic pain and describes the case of Mr. Yadav who had been suffering from severe back pain for the last 12 years with intermittent episodes of pain resulting in dissatisfactory life with low morale. The condition worsened so much that even slight movement in bed was painful as his entire spine was totally stiff and within 15 days he lost all his movements and he had no choice but to go for spine surgery , when he was advised by a friend to visit Qi Spine Clinic for a second opinion. He was explained about the innovative diagnostic and non-invasive methodology. He was told that 85% Of back pain originates from muscle tissues and not bones and Digital Spine Analysis (DSA) can diagnose the root cause of the problem. This was in March 2016. His precise treatment protocol helped his muscle tissue and regenerate the weak tissue and he resumed muscle functionality and could walk, sit and stand for longer durations without pain. 2) Qi Spine Clinic says it is India’s 1st Back pain specialist, but there are several other Ads of similar nature, like Dr.Artho, which treat similar conditions. This claim is without any proof. The AD has been published as an Advertorial indica indicating the publisher endorses the claim. This is questionable. Kindly look into the above objections, call for the company’s reply and then decide on my complaint. Kindly keep me informed."

Recommendation: UPHELD

"The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek a personal hearing and submitted their written response. The CCC viewed the print advertisement and considered the Advertiser’s response. Advertiser states that the claim in the advertisement is based on the case history of the two patients, for which they have attached the testimonials of these patients. With respect to claim of being the “1st back pain specialists in India”, the advertiser admits that there are other organizations that offer a broader range of services, they believe that at the time they commenced operations, they were the only organisation in India exclusively offering diagnosis and treatment of the spine using non-surgical means. As claim support data, the advertiser provided testimonials of some of their patients, journal references / research articles on Effectiveness of conservative management of low back pain, etc. The CCC noted that the research papers submitted by the advertiser were not specific to the claim in the advertisement. Also, the treatment approach being referred to by the advertiser is based on well known physiotherapy speciality and is not a “New” treatment approach. The CCC did not consider the case history data of the patient submitted by the advertiser to be complete and adequate to conclusively establish that the 50 year old patient was initially advised surgery and on taking the second opinion and the treatment, achieved complete recovery from the 12 years of chronic back pain as claimed. The CCC noted that the benefits obtained via advertised treatment are possible only in specific conditions whereas the advertisement gives an impression that it would be useful in all the condition and one can avoid surgery through this option. The CCC concluded that the claim, “New treatment approach helps 50-year-old achieve complete recovery from 12 years of chronic back pain”, was inadequately substantiated. The CCC considered that the testimonials did not constitute reliable objective evidence and did not entitle the advertiser to make very broad claims made in the advertisement regarding surgery-free recovery. The consumers would be likely to understand that the testimonial was genuine representation of complete recovery from chronic back pain by the advertised treatment alone, and was representative of the results that could be generally achieved by taking the treatment. Also, since the physiotherapy treatment approach is well established, calling it “new” was considered to be misleading. The claim, “India’s first back pain specialist”, was not substantiated with comparative data versus other similar clinics providing similar treatment to prove this claim. Also, the claims are misleading by exaggeration. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

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

COMPLAINT:

"I enclose herewith an AD of Shree Maruti Herbal product Stay-On, which appeared in Mumbai Mirror dt. 26/10/2016. My objection are as follows: 1) The Ad is for a product for sexual pleasure, herbal supplement for men, power capsules, which is clear from the product package depicted in the Ad, with man and woman in proximity of each other in happy mood. 2) The Ad Says whenever you think Diwali, think and gift stay-on. Clinically 99.99% efficacy proven power capsules, and with an asterisk mark at the bottom it says Results as per conducted clinical trials. It is only imagining how one can clinically test the power during sexual act. Calling the product giving feeling of energy, stamina and vitality is again describing the sexual act and satisfaction. 3) The Ad says when you gift sweets during Diwali your friends remember you. But if you gift stay-on and sweets they may never forget you. Stay-On an amazing gift. Friends love for their experience of feeling energetic and their families may adore their infectious stamina and vitality. You always wanted it that way. 4) Advertising for sex enhancing products is prohibited by law and contravenes the Drugs and Magic Remedies Act. Kindly look into the above objections, call for the companys reply and then decide on my complaint. Kindly keep me informed."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek a personal hearing and submitted their written response. The CCC viewed the print advertisement and considered the Advertiser’s response. Advertiser states that the advertisement nowhere talks of Clinical testing of performance efficacy during Sexual Act, but talks only of Energy, Vitality & Stamina, which are the tested beneficial features of the product. The CCC noted that the Advertiser did not submit the clinical trial data on ASCI’s specific request to submit the same citing as this being a sensitive document and could be misused. The CCC concluded that the claim, “Clinically 99.99% efficacy proven power capsules”, was not substantiated with clinical evidence of product efficacy. Also, the claim when read in conjunction with the text in the body copy of the advertisement and product visual is misleading by implication that the product, which as per pack declaration is “Herbal supplement for men”, is for improvement in their capacity for sexual pleasure . The CCC noted that this medical product is being presented as “amazing gift” which people could exchange for Diwali among friends and considered this to be misleading by ambiguity and considered this to manifest a disregard for safety while consumption of the product and encourage negligence. The CCC concluded that the advertisement gives a false impression regarding the true character of the medicine and is in Breach of the law as it violated The Drugs & Magic Remedies Act, Rule 106 Schedule J Item 36. The advertisement contravened Chapters I.1, I.4 and III.3, III.4, III.6 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Vodafone India Ltd."
PRODUCT:"Vodafone Super Plans"

COMPLAINT:

"Vodafone ka naya ad - boy talking https://www.youtube.com/watch?v=QiXiYxt6iXI Vodafone ka naya ad dekha Youtube pe. Usmei local + STD call ka kuch offer bataya hai. Befikar hoke baatein karne ka bataya hai. Humne ad dekh kar call kar diya, lekin balnce toh kat raha hai... Kya offer hai ye? Humko samajh nahi aaya offer. Ad mei neeche choti line padh ke samajh nahi aaya. Vodafone ki site pe bhi kahin details nahi mil rahi. Aise ad banate hi kyu hain jo samajh nahi aaye. Ab jo balance kat gaya uska kya karenge?"

NATURE OF COMPLAINT:

Recommendation: NOT UPHELD

"The CCC viewed the website advertisement and considered the Advertiser’s response. Advertiser states that to avail the Vodafone unlimited calls offer, it requires a person to buy a Vodafone SuperPlan, wherein the customer can enjoy unlimited local & STD calls. The CCC concluded that the claim offer, “Vodafone Super Plans - unlimited local & STD calls”, is not misleading as it is qualified via disclaimer that the offer is subject to terms and conditions and is available for prepaid subscribers only. The complaint was NOT UPHELD."

 

COMPANY:"Apple India Private Limited ( Apple)"
PRODUCT:

COMPLAINT:

"“2 full page advt. on page 12 & 13 published in Times of India (Mumbai Edition) dtd. 7.10.16, the advt. is appear to be for iPhone 7 but the picture / image of mobile phone is shown of iPhone 7 Plus (which is having dual camera feature). As I understand iPhone 7 is not having dual camera feature. Ad printed in TOI for iPhone 7 and on hoardings whereas the image was shown of iPhone 7 Plus which is having dual camera. Where the fact is iPhone 7 is having only one camera. This may mislead the customers. My contention is when advt. is for iPhone 7 then image should also been of iPhone 7 only and not of iPhone 7 Plus. I have sent 2 mails to Apple Co. India Head dtd. 08.10.16 and 22.11.16 seeking clarification on the same but till now no response from the Company. In this respect I would be happy to receive suitable clarification from the Company for the correct position.”"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek a personal hearing and submitted their written response. The CCC viewed the print advertisement and considered the Advertiser’s response. Advertiser states that "" iPhone 7"" in the said advertisements uses the “iPhone7” Logo/ Trade Mark which pertains to a product line which includes the iPhone 7 and the iPhone 7 Plus being variants of the newly launched product line known as iPhone7. The term ""iPhone 7"" in the advertisement generally refers to the newly launched product category / line of Apple products as opposed to the individual variant by itself, since the product category/line ""iPhone 7"" encapsulates both the variant products, namely, the iPhone 7 and the iPhone 7 Plus. The CCC noted that the Advertisement text states, “The amazing iPhone 7 is here” , but shows an image of iPhone 7 Plus variant, which is misleading by ambiguity and implication. While the advertiser may have a logo/trademark with “iPhone7”, by omission of any reference to “series” in the advertisement text and in absence of any visual of iPhone 7 variant, the CCC concluded that the advertisement is likely to mislead the consumers about the product advertised and its corresponding features. The advertisement contravened Chapter I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Chandragupt Institute of Management Patna"
PRODUCT:

COMPLAINT:

"1. 100% Placement since inception 2. Fully funded by Government of Bihar"

NATURE OF COMPLAINT:

"“I would like to draw your attention to the following advertisement, which I consider misleading and unethical. 100% placement since inception This institute, as clearly mentioned in the advertisement, is fully funded by the Government of Bihar. It is surprising that a government institute can stoop so low and publish an unethical advertisement. I enclose photocopy of ad and request you to look into the matter.”"

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the grievances of the complainant. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date for this complaint. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claim, “100% Placement since inception”, was not substantiated with authentic data such as contact details of students, their enrolment forms and appointment letters received by the students, nor any independent audit or verification certificate. The claim is likely to mislead the students that the institute is providing permanent jobs. The claim, “Fully funded by Government of Bihar”, was not proven by supporting evidence, and the claims are misleading by exaggeration. The advertisement contravened Guidelines for The ASCI approached the advertiser for their response in addressing the grievances of the complainant. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date for this complaint. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claim, “100% Placement since inception”, was not substantiated with authentic data such as contact details of students, their enrolment forms and appointment letters received by the students, nor any independent audit or verification certificate. The claim is likely to mislead the students that the institute is providing permanent jobs. The claim, “Fully funded by Government of Bihar”, was not proven by supporting evidence, and the claims are misleading by exaggeration. The advertisement contravened Guidelines for The ASCI approached the advertiser for their response in addressing the grievances of the complainant. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date for this complaint. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claim, “100% Placement since inception”, was not substantiated with authentic data such as contact details of students, their enrolment forms and appointment letters received by the students, nor any independent audit or verification certificate. The claim is likely to mislead the students that the institute is providing permanent jobs. The claim, “Fully funded by Government of Bihar”, was not proven by supporting evidence, and the claims are misleading by exaggeration. The advertisement contravened Guidelines forThe ASCI approached the advertiser for their response in addressing the grievances of the complainant. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date for this complaint. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claim, “100% Placement since inception”, was not substantiated with authentic data such as contact details of students, their enrolment forms and appointment letters received by the students, nor any independent audit or verification certificate. The claim is likely to mislead the students that the institute is providing permanent jobs. The claim, “Fully funded by Government of Bihar”, was not proven by supporting evidence, and the claims are misleading by exaggeration. The advertisement contravened Guidelines for Advertising of Educational Institutions and Programs as well as Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Gulbarga City Sch Of Nursing"
PRODUCT:

COMPLAINT:

“100% Govt Jobs”

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objection raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date for this complaint. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claim, “100% Govt Jobs”, was not substantiated with authentic supporting data such as detailed list of students who have been placed through their Institute, their enrolment forms and appointment letters received by the students, nor any independent audit or verification certificate. The claim is likely to mislead the students that the institute is providing permanent jobs. Also, the claim is misleading by exaggeration. The advertisement contravened Guidelines for Advertising of Educational Institutions and Programs as well as Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Sikar Hospital & Research Institute"
PRODUCT:

COMPLAINT:

"Successful treatment of childless couples."

NATURE OF COMPLAINT:

Recommendation: UPHELD

The ASCI approached the advertiser for their response in addressing the objections raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date for this complaint. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claims (in Hindi) as translated in English, “Successful treatment of childless couples”, were not substantiated with any clinical evidence, and are misleading by gross exaggeration. Also, specific to the claim related to successful treatment of childless couples, the advertisement is in Breach of the law as it violated The Drugs & Magic Remedies Act (item 48 under the DMR schedule). The advertisement contravened Chapters I.1, I.4 and III.4 of the ASCI Code. The complaint was UPHELD.

 

COMPANY:"Eli Pharmaceuticals Pvt Ltd"
PRODUCT:"Melas Cream and Melas Lotion"

COMPLAINT:

"1. Makes your skin spotless and improves complexion 2. Removes deep scars and improves complexion. 3. Pack visual states ""For fairness"""

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objections raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date for this complaint. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claims (in Hindi), “Makes your skin spotless and improves complexion”, “Removes deep scars and improves complexion”, and Pack claim, "For fairness", were not substantiated with any clinical study report, and with product efficacy data. Also, the claims are misleading by exaggeration. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Dhathri Ayurveda Pvt Ltd"
PRODUCT:"Dhathri abs clinic"

COMPLAINT:

"Get Slim effectively and effortlessly through Ayurveda based slimming. - Long Lasting Result - No Side Effect - No crash diet."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objections raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date for this complaint. The CCC viewed the advertisement. Advertiser did not provide details of treatment procedure for slimming. In the absence of comments from the Advertiser, the CCC concluded that the claims, “Get Slim effectively and effortlessly through Ayurveda based slimming”, “Long Lasting Result”, “No Side Effect”, “No crash diet”, were not substantiated with any supporting clinical evidence, and are misleading. Also, efficacy being depicted via images of before and after the treatment are misleading by exaggeration. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Ayur Life Health Care"
PRODUCT:"Ayur Hair Cream"

COMPLAINT:

"1. To make white and gray hair black without dye. 2. Claims to grow hair on bald head. 3. To stop dandruff and hair fall. 4. To be a complete Ayurvedic solution for hair problems."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objections raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date for this complaint. The CCC viewed the TVC. In the absence of comments from the advertiser, the CCC concluded that the claims, “makes white and gray hair black without dye”, “grow hair on bald head”, “Stop dandruff and hair fall”, and “complete Ayurvedic solution for hair problems”, were not substantiated with product efficacy data, and are misleading by gross exaggeration. Also, efficacy being depicted via images of before and after the usage of the product is misleading. The TVC contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Dr.Sharmaji"
PRODUCT:

COMPLAINT:

“To give guaranteed treatment for old diseases or any kind of pain naturally without any medicines”

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objections raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date for this complaint. The CCC viewed the TVC. In the absence of comments from the advertiser, the CCC concluded that the claim, “To give guaranteed treatment for old diseases or any kind of pain naturally without any medicines”, was not substantiated with any supporting clinical evidence, and are misleading by gross exaggeration. The TVC contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 
 

COMPANY:"Induslife Biotics Pvt Ltd"
PRODUCT:"DIA-QR"

COMPLAINT:

"1. To naturally segregate insulin. 2. No side effects, no diet control, 100 percent natural and an ayurvedic proprietory medicine."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objections raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date for this complaint. The CCC viewed the TVC. Advertiser did not submit the product sample and Product Approval License from Regulatory Authority, nor did they provide any evidence of product efficacy. In the absence of comments from the advertiser, the CCC concluded that the claims, “To naturally segregate insulin”, and “No side effects, no diet control, 100 percent natural and an ayurvedic proprietory medicine”, were not substantiated. The CCC also noted that the advertisement makes a claim of “making diabetic life to normal life is easy” which is misleading by exaggeration and the product claim as well as product name “Dia-QR” is misleading by implication that the product would cure Diabetes, which is in Breach of the law as it violated The Drugs & Magic Remedies Act (item 9 under DMR schedule). The advertisement contravened Chapters I.1, I.4 and III.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Vitro Naturals "
PRODUCT:

COMPLAINT:

"1. Diabetic Care Miracle Drink Sugar Balance+ - An Unique combination of wonder full 17 Ayurvedic Herbs that are known for support healthy functioning of organs such as Pancreas and Liver 2. National Award Winner 3. Karela Jamun - Helpful to maintain Blood sugar level 4. Certified Organic Health Care Juice"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objections raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date for this complaint. Advertiser did not provide any evidence of product efficacy. Advertiser did not submit the product sample and Product Approval License from Regulatory Authority. In the absence of comments from the advertiser, the CCC concluded that the claims, “Diabetic Care Miracle Drink Sugar Balance - An Unique combination of wonder full 17 Ayurvedic Herbs that are known for support healthy functioning of organs such as Pancreas and Liver”, “Karela Jamun - Helpful to maintain Blood sugar level were not substantiated with clinical evidence for the product efficacy. The claim, “National Award Winner”, was not substantiated with details, references of the award received such as the year, source and category. The claim “Certified Organic Health Care Juice”, was not substantiated with supporting evidence. Also, the claims are misleading. The advertisement contravened Chapters I.1, I.2, and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY: "Kautilya Academy "
PRODUCT:

COMPLAINT:

"1. Kautilya Academy - Pradesh's No. 1 Institution 2. Join Kautilya Academy & Get Success in 1st Attempt"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objections raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date for this complaint. The CCC viewed the advertisement. In the absence of comments from the advertiser, the CCC concluded that the claim, “Kautilya Academy - Pradesh's No. 1 Institution”, was not substantiated with comparative data versus other institutes in the same category or any third party validation or research to prove this claim. The claim, “Join Kautilya Academy & Get Success in 1st Attempt”, in the context of the MPPSC Pre exam was not substantiated with supporting data. Also, the claims are misleading by exaggeration. The advertisement contravened Guidelines for Advertising of Educational Institutions and Programs as well as Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Bansal Classes Pvt Ltd (Bansal Classes)"
PRODUCT:

COMPLAINT:

“Upto 100% Scholarship in Classroom Programme”

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objection raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date for this complaint. The CCC viewed the advertisement. In the absence of comments from the advertiser, the CCC concluded that the claim, “Upto 100% Scholarship in Classroom Programme”, was not substantiated with authentic supporting data such as evidence of 100% scholarships availed by their students. Also, the claim is misleading by exaggeration. The advertisement contravened Guidelines for Advertising of Educational Institutions and Programs as well as Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY: "Opera Software Asa"
PRODUCT:"Opera Mini"

COMPLAINT:

“Saves data cost up to 90 percent while browsing”

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objection raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date for this complaint. The CCC viewed the TVC. In the absence of comments from the advertiser, the CCC concluded that the claim, “Saves data cost up to 90 percent while browsing”, was not substantiated with supporting data and is misleading by exaggeration. The TVC contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"S.V.Fruit "
PRODUCT:"Go Green Frozen Fruits "

COMPLAINT:

“Protects from cancer”

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objection raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date for this complaint. The CCC viewed the print advertisement. In the absence of comments from the advertiser, the CCC concluded that while the advertised product may be carbide free, claiming it to “protect from Cancer” is misleading by exaggeration. The advertisement contravened Chapter I.4 of the ASCI Code. The complaint was UPHELD."

 

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

COMPLAINT:

“Eat milk with every meal and live every day, worry-free”

NATURE OF COMPLAINT:

"Print ad Claims: 1. Eat milk with every meal 2. Sure to enhance the taste of your delicacies 3. Eat milk with every meal and live every day, worry-free Our objections: 1. Promoting the product butter by saying eat milk with every meal is misleading. 2. The nutritional value of Milk and Butter is different. Thus consuming butter cannot be termed same as having milk. 3. Saying that Amul butter is sure to enhance the taste of your delicacies-is misleading and misguiding. Taste is a matter of personal preference and Amul butter does not necessarily enhance the taste of delicacies for everyone 4. Having butter with every meal and then living a worry-free life is not advisable- it contradicts the normal guidance for healthy living. Milk is lower in total calories (approx. 130 Kcal per serving size of 200ml) and contains more nutrients than butter, which has high calorie value (approx. 722 Kcal in 100g), mostly from fat, very high in sodium (in the product advertised) and low on other nutrients. 5. Claims 1-3 are not substantiated with independent research data. The advertisement violates Chapter 1.1 and 1.4 of ASCI Code. Action to be taken ? We propose this advertisement should immediately be withdrawn."

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the grievances of the complainant. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date for this complaint. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the claim, “Eat milk with every meal” was considered to be a tag line of the brand (also based on an earlier CCC recommendation on the same tag-line”) and a creative licence in the context of the communication. The CCC did not consider the statement “Amul butter is sure to enhance the taste of your delicacies” to be objectionable. This complaint was NOT UPHELD. The CCC noted that the advertisement refers to butter being a rich source of Vitamin A and further states that “Eat milk with every meal and live every day, worry-free”. The CCC considered the latter part of the statement to be misleading by implication and is encouraging excessive consumption of butter which may not be advisable from health point of view. The CCC concluded that the advertisement contravened Chapter I.4 of the ASCI Code and the Clause 4 of the Guidelines on Advertising of Foods & Beverages. This complaint was UPHELD."

 

COMPANY:"Ismail Pharma (Mathura)(Ismail Pharma Range Of Products )"
PRODUCT:

COMPLAINT:

"1. NIGHT STOP CAPSULE AND POWDER ‐ Immediately stop diseases ‐ Wet dreams ‐ Sperm flow in urine ‐ Semen Discharge 2. Used Formula for increasing age ‐ Childhood mistakes ‐ Weakness of nerves ‐ Thin Semen ‐ Premature Ejaculation ‐ Masculine Weakness. 3. RECHARGE KIT CAPSULE, OIL AND POWDER ‐ Amazing Feeling of Passion and power which keeps you always recharge."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The advertisement was considered to be, prima facie, in violation of The Drugs & Magic Remedies Act,( Sexual Impotence -Item 45 under the DMR Schedule), The Drugs & Cosmetics Act , 1940, ( Premature Ejaculation -Item 47 under Schedule J) and is being referred to the Ministry of Ayush."

 

COMPANY: "Amlaya Herbals "
PRODUCT:"Jippo Range Of Products "

COMPLAINT:

"1. Full Swadeshi ‐ Ayurvedic Product 2. Use of oil with capsule helpful for better result in male. ‐ Use once and see the effect."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The advertisement was considered to be, prima facie, in violation of The Drugs & Cosmetics Act, 1940, (Maintenance or improvement of the capacity of the human being for sexual pleasure of -Item no. 36- Schedule J) and is being referred to the Ministry of Ayush."

 

COMPANY: "Capital Pharmacy "
PRODUCT:"Attari Tel"

COMPLAINT:

"1. ATTARI TEL ‐ Effective in old faaliz 2. Massage during Paralysis, palsy (Faaliz), arthritis 3.Immediate massage, immediate relief."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

The advertisement was considered to be, prima facie, in violation of The Drugs & Magic Remedies Act ,(Paralysis - Item no. 39- of DMR Schedule.), The Drugs & Cosmetics Act , 1940, (Paralysis -Item no. 40 –of Schedule J) and is being referred to Ministry of Ayush

 

COMPANY:"Sri Varma Ayurvedic Hospital"
PRODUCT:

COMPLAINT:

"1. Disease is not getting healed even after treating it for several years? ‐ Through special Ayurveda panchkarma treatment of Shree Varma it will cured in 90 to 180 days. 2. Surgery less, lifetime treatment for skin problems and piles complaint. 3. Meet Dr.K.Gowthaman, BAMS in Pondicherry on 27.11.2016 Sunday and get treated completely. 4. Psoriasis: We are treating all types of skin diseases including acne, herpes, manan, bokan, visoori, irritation, patches, poison bites, vitiligo, psoriasis, Eximo and itching. Are you not getting healed even after taking medicines from skin doctors for years together? Try our medicines and get healed completely 5. Piles complaint: Pain during excretion, Blood during excretion, Pain after excretion, Itching in anal opening can be cured using Shree Varma special treatments."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The advertisement was considered to be, prima facie, in violation of The Drugs & Cosmetics Act , 1940, (Item No. 42 – Piles of Schedule J) and is being referred to the Ministry of Ayush"

 

COMPANY:"Proyurveda Lifescience Pvt Ltd"
PRODUCT:"Proyurveda Max Pilo"

COMPLAINT:

"1. MAXPILO ‐ Power of MaxPilo, Get rid of piles from roots. 2. USA PATENTED"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The advertisement was considered to be, prima facie, in violation of The Drugs & Cosmetics Act , 1940, (Item No. 42 – Piles of Schedule J) and is being referred to the Ministry of Ayush"

 

COMPANY:"Juvenor Pharmaceuticals"
PRODUCT:"Muslinites Gold"

COMPLAINT:

"1. MUSLINITES GOLD CAPSULE ‐ Ab har raat banegi baat. Visuals in the advertisement are suggestive. Helps in boosting vitality with the power of Swarna Bhasma ‐ Muslinites gold helps in overcoming fatigue, tiredness and revitalizing your energies with the proven benefits of time tested Ayurvedic Herbs like Musli, Shilajeet, Shatavari & Ashwagandha"

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The advertisement was considered to be, prima facie, in violation of The Drugs & Cosmetics Act , 1940, (Item no. 36 – Maintenance or improvement of the capacity of the human being for sexual pleasure of Schedule J) and is being referred to the Ministry of Ayush."

 

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

COMPLAINT:

"1. STAY ON ORAL LIQUID ‐ Herbal drink for men and women. 2. Take 30 minutes before sleeping. 3. Prepared from 100% Herbal Formula Stay‐On awakens unbelievable passion in your body which fills your life completely with Unlimited Excitement, youth and Strength. 4. Immediately Effective."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The advertisement was considered to be, prima facie, in violation of The Drugs & Cosmetics Act , 1940, (Item no. 36 – Maintenance or improvement of the capacity of the human being for sexual pleasure of Schedule J) and is being referred to the Ministry of Ayush."

 

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

COMPLAINT:

"1. Open secret for gifted life of togetherness. ‐ No question about STAY ON energy. 2. Lakhs together people are leading their lives with new energy & enthusiasm with their life partners & starting new life with happiness & same intensity. STAY ON power capsules. 3. For Enthusiasm, zest and energy."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The advertisement was considered to be, prima facie, in violation of The Drugs & Cosmetics Act , 1940, (Item no. 36 – Maintenance or improvement of the capacity of the human being for sexual pleasure of Schedule J) and is being referred to the Ministry of Ayush."

 

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

COMPLAINT:

"1. STAY ON ORAL LIQUID ‐ Feeling of Masculinity. 2. Stay On prepared from 100% herbal formula that awakens amazing passion in your body which fills your life with excitement, New youth, Stamina 3. 1st Time in India. 4. Quick Acting."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The advertisement was considered to be, prima facie, in violation of The Drugs & Cosmetics Act , 1940, (Item no. 36 – Maintenance or improvement of the capacity of the human being for sexual pleasure of Schedule J) and is being referred to the Ministry of Ayush."

 

COMPANY: "Sri Varma Ayurvedic Hospital"
PRODUCT:

COMPLAINT:

"1. Surgery less treatment.. Life time solution 2. Disc Prolapse: Adapting herbal medicines in the initial stage itself can help us not only from back pain free life but also prevent surgery treatments and live a healthy life. Proved Sree Varma special medicines can provide complete relief from Disc Prolapse and Nervous Disorders. 3. Knee pain special treatment: People suffering from Knee pain, Knee swelling and are feel difficulty in standing‐walking‐stretching can be healed without surgery through Sree Varma's special medicines. Diabetes, women's special treatment can be cured through our treatment."

NATURE OF COMPLAINT:

Recommendation: UPHELD

The advertisement was considered to be, prima facie, in violation of The Drugs & Magic Remedies Act (Item no. 9 – Diabetes of DMR Schedule), The Drugs & Cosmetics Act, 1940, (item no. 14 – Diabetes of Schedule J), The Drugs & Magic Remedies Act, (Item no. 14 – Disorders of the nervous system) and is being referred to the Ministry of Ayush.

 

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

COMPLAINT:

"STAY‐ON POWER OIL ‐ Massage daily and experience the height of pleasure"

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The advertisement was considered to be, prima facie, in violation of The Drugs & Cosmetics Act , 1940, (Item no. 36 – Maintenance or improvement of the capacity of the human being for sexual pleasure of Schedule J) and is being referred to the Ministry of Ayush."

 

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

COMPLAINT:

"1. Now, More and more people are switching over to Stay‐On, It's time you knew why? ‐ Because Stay‐On with nine ayurvedic herbs like salampanja, safed musli, shilajeet etc. idealy blended and fortified with world famous Ginseng ‐ That's unique. No wonder millions prefer Stay‐On for Vim, Vigour & Vitality and rediscover joys of exciting and energetic life in blissful coexistence 2. Vitality, Stamina & Energy"

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The advertisement was considered to be, prima facie, in violation of The Drugs & Cosmetics Act , 1940, (Item no. 36 – Maintenance or improvement of the capacity of the human being for sexual pleasure of Schedule J) and is being referred to the Ministry of Ayush."

 

COMPANY: "Rajnish Hot Deals Pvt. Ltd –"
PRODUCT:"PlayWin Range of Products"

COMPLAINT:

"1. For Powerful Stamina. 2. Instant Effect 3. Play Win Plus Capsule ‐ Mixture of rare Ayurvedic Herbs. 4. Helps prevent premature ejaculation. 5. 100% Ayurvedic, No side effect. 6. For better result also use Play Win Oil. 7. Growth of Power, Strength, Extra Timing and Warmness!!!"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The advertisement was considered to be, prima facie, in violation of The Drugs & Cosmetics Act , 1940, (Item no. 36 – Maintenance or improvement of the capacity of the human being for sexual pleasure of Schedule J) and is being referred to the Ministry of Ayush."

 

COMPANY:"Rajnish Hot Deals Pvt Ltd –"
PRODUCT:"Play Win Range of Products"

COMPLAINT:

"1. PLAY WIN ‐ Effect from first day 2. Only Effect, No Side Effect 3. Do 21 days course. By Massage on weak nerves with few drops of Play Win Oil, it will strengthen the vital organs of the body. This will ensure happy and satisfied married life. Blood pressure & diabetes patients can also consume 4. For Better Result also use Play Win Oil 5. Growth of Power, Strength, Energy and Warmness!!!"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The advertisement was considered to be, prima facie, in violation of The Drugs & Cosmetics Act , 1940, (Item no. 36 – Maintenance or improvement of the capacity of the human being for sexual pleasure of Schedule J) and is being referred to the Ministry of Ayush."

 

COMPANY: "Rajnish Hot Deals Pvt Ltd –"
PRODUCT:"Play Win Range of Products"

COMPLAINT:

"1. FOR POWERFULL STAMINA 2. Instant Energy 3. Play Win Plus Capsule ‐ Mixture of rare Ayurvedic herbs 4. Diabetes and BP Patient can use this Medicine 5. 100% Ayurvedic, No Side Effect 6. For Better results also use Play win Oil 7. Growth of Power, Extra Timing, Strength and Warmness!!!"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The advertisement was considered to be, prima facie, in violation of The Drugs & Cosmetics Act , 1940, (Item no. 36 – Maintenance or improvement of the capacity of the human being for sexual pleasure of Schedule J) and is being referred to the Ministry of Ayush."

 

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

COMPLAINT:

"1. Growth of Power, Extra Timing, Strength and Warmness 2. Instant Energy 3. 100% Ayurvedic, No Side Effect 4. Diabetes and BP Patients can use this medicine 5. Helps prevent premature ejaculation 6. PLAY WIN PLUS CAPSULE ‐ Mixture of rare Ayurvedic herbs 7. For better results: Massage on weak nerves with few drops of Play Win Oil, it will strengthen the vital organs of the body 7. For Powerfull Stamina"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The advertisement was considered to be, prima facie, in violation of The Drugs & Cosmetics Act , 1940, (Item no. 36 – Maintenance or improvement of the capacity of the human being for sexual pleasure of Schedule J) and is being referred to the Ministry of Ayush."

 

COMPANY:"Izda Healthcare"
PRODUCT:"Izda Healthcare"

COMPLAINT:

"1. DEPFORCE: Fast Acting Herbal Oral Strip prepared by German Technology 2. DEPFORCE is more effective than any tablet, capsule or syrup because it melts quickly in the mouth and goes in the blood so that we get effect of all the herbs present in DEPFORCE 3. 100% Herbal Helpful Medicine. 4. Our Trust that you will forget using any other capsule, tablet, syrup."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The advertisement was considered to be, prima facie, in violation of The Drugs & Cosmetics Act , 1940, (Item no. 36 – Maintenance or improvement of the capacity of the human being for sexual pleasure of Schedule J) and is being referred to the Ministry of Ayush."

 

COMPANY:"Dr Batras Positive Health Clinic"
PRODUCT:

COMPLAINT:

"1. Dr Batras Homeopathic Clinic ‐ Obesity ‐ Lose To Win 2. Natural ‐ Safe ‐ Long‐Term Results 3. Natural ‐ The Plant Extract Used In The homeopathy pills have medicinal properties of anti‐obesity activity ‐ SAFE ‐ We have secured 96% patient satisfaction that is authenticated by American Quality Assessors (AQA) in treating the root cause of obesity, without any side‐effects whatsoever ‐ LONG‐TERM RESULTS ‐ A study* revealed that homeopathy medicine aids in reducing excess body weight, improving stagnant weight loss, managing cholesterol levels and increasing the metabolic rate of the body"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The advertisement was considered to be, prima facie, in violation of The Drugs & Magic Remedies Act, (Item no. 38 – Obesity of DMR Schedule), The Drugs & Cosmetics Act, 1940, (Item no. 39 – Obesity of Schedule J) and is being referred to Ministry of Ayush."

 

COMPANY:"Radha Kishan Children Hospital"
PRODUCT:

COMPLAINT:

"1. Surgery giving freedom from obesity 2. Remove Obesity, live healthy life bountiful. 3. Get Rid of obesity, get happiness of disease free life and long life."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The advertisement was considered to be, prima facie, in violation of The Drugs & Magic Remedies Act (Item no. 38 – Obesity of DMR Schedule), The Drugs & Cosmetics Act, 1940,(Item no. 39 – Obesity of Schedule J) and is being referred to Ministry of Health"

 

COMPANY:"Sex Samadhan Clinic"
PRODUCT:

COMPLAINT:

"1. SEX SAMADHAN CLINIC ‐ Successful ayurvedic treatment of weakness due to childhood mistakes, undeveloped organ, weakness in nerves, small organ, serpentine, thin, impotence, childlessness, nightfall & other every secret problems 2. Completely beneficial treatment ‐ NO SIDE EFFECT 3. Lifetime effect else money back"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The advertisement was considered to be, prima facie, in violation of The Drugs & Magic Remedies Act (Item no. 45 – Sexual impotence of DMR Schedule), The Drugs & Cosmetics Act, 1940, (Item no.30- Improvement in size and shape of the sexual organ of Schedule J), (Item no.36- Maintenance or improvement of the capacity of the human being for sexual pleasure of Schedule), (Item no. 47 – Sexual Impotence of Schedule J) and is being referred to Ministry of Ayush."

 

COMPANY:"Essentia Business Pvt. Ltd"
PRODUCT:"Kamadeva Long Drive Range of Products"

COMPLAINT:

"1. 100% result, 100% ayurvedic, 100% safe. 2. Sexual problems like weakness, quick ejaculation, lack of sperm and ovum and for other confidential problems medicines will be available. There are no side effects"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The advertisement was considered to be, prima facie, in violation of The Drugs & Magic Remedies Act, (Item no. 45 - Sexual impotence of DMR Schedule), The Drugs & Cosmetics Act, 1940, ( Item no. 36 Maintenance or improvement of the capacity of the human being for sexual pleasure), (Item no. 47 – Sexual impotence, premature ejaculation) and is being referred to Ministry of Ayush."

 

COMPANY:"Chaturbhuj Pharma Company"
PRODUCT:

COMPLAINT:

"1. Japani capsule has herbal mixture, which maintains strength and enthusiasm in your body. You will notice the feelings of youthfulness, enthusiasm, strength and energy in your body and mind after using Japani capsule. 2. For better results use Japani oil with Japani‐m capsules regularly."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The advertisement was considered to be, prima facie, in violation of The Drugs & Cosmetics Act, 1940, (Item no. 36 – Maintenance or improvement of the capacity of the human being for sexual pleasure) and is being referred to Ministry of Ayush."

 

COMPANY:"Merlin Natural Care Clinic"
PRODUCT:

COMPLAINT:

"1. The Below mentioned problems‐ premature Ejaculation, Insufficient Erection, Small size of sex Organ. Arthritis, Piles, Fistula, Weight Issues, Hair Problem and many other Chronic Problems. 2. 100% side‐effect free solution 3. With the correct consultation and problem detection, make yourself more beautiful."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The advertisement was considered to be, prima facie, in violation of The Drugs & Magic Remedies Act, (Item no. 45 - Sexual impotence of DMR Schedule), The Drugs & Cosmetics Act, 1940, (Item no. 30 - Improvement in size and shape of the sexual organ), (Item no- 36 -Maintenance or improvement of the capacity of the human being for sexual pleasure),(Item no. 47 – Sexual impotence, premature ejaculation of Schedule J), (Item no.42- Piles of Schedule J) and is being referred to Ministry of Ayush"

 

COMPANY:"Juvenor Pharmaceuticals"
PRODUCT:"Muslinites Gold Capsule"

COMPLAINT:

"1. Helps in Boosting vitality with the power of swarna bhasma."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The advertisement was considered to be, prima facie, in violation of The Drugs & Cosmetics Act, 1940, (Item no. 36 – Maintenance or improvement of the capacity of the human being for sexual pleasure) and is being referred to Ministry of Ayush."

 

COMPANY:"Taj Hospital"
PRODUCT:

COMPLAINT:

"1. TAJ DAWAKHANA ‐ Leave alcohol, Impotence, Piles, semen, lack of sperm. 2.Taj dawakhana for happy married life"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The advertisement was considered to be, prima facie, in violation of The Drugs & Magic Remedies Act, (Item no. 45 - Sexual impotence of DMR Schedule), The Drugs & Cosmetics Act,1940, ( Item no.- 47-Sexual Impotence of Schedule J, (Item no. 42 – Piles of Schedule J) and is being referred to the Ministry of Ayush"

 

COMPANY:"Chaudhary Bavasir Hospital"
PRODUCT:

COMPLAINT:

"1. Successful treatment of Piles, Fissure & fistula"

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The advertisement was considered to be, prima facie, in violation of The Drugs & Cosmetics Act, 1940, (Item no. 42 – Piles and Fistulae of Schedule J) and is being referred to Ministry of Ayush."

 

COMPANY:"Positive Homeopathy"
PRODUCT:

COMPLAINT:

"1. 100% Cure is our Priority. 2. Accurate treatment to impotence. 3. Eternal treatment is available in positive homeopathy to the sexual problems. 4. Elegant solution to the Impotence and Infertility with the constitutional method by understanding the nature of a person and the reasons behind the weakness."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The advertisement was considered to be, prima facie, in violation of The Drugs & Magic Remedies Act, (Item no. 45 - Sexual impotence of DMR Schedule), The Drugs & Cosmetics Act, 1940, (Item no. 30 - Improvement in size and shape of the sexual organ), (Item no- 36 -Maintenance or improvement of the capacity of the human being for sexual pleasure),(Item no. 47 – Sexual impotence, premature ejaculation of Schedule J) and is being referred to Ministry of Ayush."

 

COMPANY: "Prakruti Ayurvedic Hospital"
PRODUCT:

COMPLAINT:

"1.Fistualae- India's First 1 hour treatment method. 2. Treatment specifications: ‐ No possibility of arising again. ‐ Guaranteed Treatment."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The advertisement was considered to be, prima facie, in violation of The Drugs & Cosmetics Act, 1940, (Item no. 42 – Piles and Fistulae of Schedule J) and is being referred to Ministry of Ayush."

 

COMPANY: "Rajnish Hot Deals Pvt Ltd"
PRODUCT:"Play Win Range of Products"

COMPLAINT:

"1. FOR POWERFULL STAMINA ‐ Awakens the slept desires. 2. Effect Starts from the first day. 3. For Better results also use Play win Oil 4. Increases passion, Strength, Energy and Pep!"

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The advertisement was considered to be, prima facie, in violation of The Drugs & Cosmetics Act, 1940, (Item no. 36 – Maintenance or improvement of the capacity of the human being for sexual pleasure) and is being referred to Ministry of Ayush."

 

COMPANY:"Rajnish Hot Deals Pvt Ltd"
PRODUCT:"Play Win Range of Products"

COMPLAINT:

"1. Growth of Power, Extra Timing, Strength and Warmness 2. Get powerful strength in every moment 3. For better results : Massage on weak nerves with few drops of Play Win Oil, it will strengthen the vital organs of the body"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The advertisement was considered to be, prima facie, in violation of The Drugs & Cosmetics Act, 1940, (Item no. 36 – Maintenance or improvement of the capacity of the human being for sexual pleasure) and is being referred to Ministry of Ayush."

 

COMPANY:"Ismail Pharma "
PRODUCT:"Ismail Pharma"

COMPLAINT:

"1. NIGHT STOP CAPSULE AND POWDER ‐ Immediately stop semen coming before or after urine. 2. No Side Effect ‐ 100% Ayurvedic 3. Used Formula for ‐ Increasing age ‐ Childhood mistakes ‐ Weakness of nerves ‐ Thin Semen ‐ Lack of sperm ‐ Masculine Weakness. 4. RECHARGE KIT - CAPSULE, OIL AND POWDER ‐ Amazing Feeling of Passion and power which keeps you always recharge."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The advertisement was considered to be, prima facie, in violation of The Drugs & Magic Remedies Act, (Sexual Impotence -Item 45 under the DMR Schedule), The Drugs & Cosmetics Act, 1940, ( Premature Ejaculation -Item 47 under Schedule J) and is being referred to the Ministry of Ayush."

 

COMPANY:"Abbott Healthcare P. Ltd"
PRODUCT:"Ensure"

COMPLAINT:

“Brand Ensure has started a new campaign in the cities of Kolkata (West Bengal), Bengaluru (karnataka) and Hyderabad (Telangana). The campaign is on outdoor, Radio and Instore execution. The top of the advertisement has in bold letters the warning WATCH OUT FOR THE SUGAR IN YOUR PROTEIN DRINK. Thereafter is the depiction of brand ENSURE and another product, which is easily recognizable as PROTINEX ORIGINAL product owing to the distinctive packaging and colour combination, on a tilted balance, with ENSURE on a higher pedestal. The laudatory words appearing along side ENSURE are: HAS GREAT TASTE. 50% LESS SUGAR. At the bottom of the advertisement, PROTINEX appears where it is mentioned ‘On per 100g powder compared to Protinex Original, Ensure India Label’. Not only does the advertisement depict PROTINEX in a clearly recognizable manner, it also uses the registered trademark PROTINEX thereby leaving no doubt at all as to the reference. Moreover it talks of sugar content in a protein drink, and PROTINEX is one of the most famous protein supplements in the market today. The reference to the PROTINEX is therefore unmistakable. Such reference to PROTINEX is extremely derogatory, insulting and misleading as per the serving instructions.

NATURE OF COMPLAINT:

"It is respectfully submitted that ENSURE is clearly trying to defame / disparage the product PROTINEX as well the reputation in the market. By tilting the balance in its favour, ENSURE is trying to indicate to the public that its product is superior and misleading the consumers by showing that the PROTINEX is harmful as it contains more sugar. The warning WATCH OUT FOR THE SUGAR IN YOUR PROTEIN DRINK is exploiting the present day phobia of anything with sugar translating into an unhealthy food item, and misrepresenting it as such to the unwary and vulnerable consumer who, without the advantage of scientific parameters, is made to believe that the PROTINEX is harmful only because of the sugar it contains and that ENSURE is superior only because it does not contain as much sugar. They are misleading the consumers by showing that the sugar content in the PROTINEX is more without any scientific study or market research to prove as such. It can be clearly inferred from the statement that ENSURE is trying to cause harm and reputation to the goodwill of PROTINEX by indicating to the public that consumption of PROTINEX is detrimental to their health and risky for them. The advertisement published by Abbott Nutrition says “Watch out for the sugar in your protein drink”. The word “watch out” indicates “warning” that the sugar levels in the said product (Protinex Original - - as per the image) are alarmingly high/worrisome/hazardous. THE SCIENTIFIC FACTS ARE AS FOLLOWS: Protinex Original has 31g of sugar per 100g. However, on the pack it is clearly mentioned that the recommended serving per day is 30 g. Therefore, the serve (daily dosage) of Protinex Original provides 9.3g of sugar which is completely in line with recommendations on sugar intake for adult men and women >18 years by WHO & ICMR (Protinex Original is for adults; hence we are referring to the adult recommendations). The recommended maximum amount of sugar intake per day varies from 47.5g - 87.3g per day. Whereas, daily dose of Protinex Original contributes to only 9.3g per day of sugar (37 kcal per day). This is far lesser than the maximum recommended intake by ICMR and not close to alarming or worrisome. The advertisement says ‘Ensure has 50% less sugar compared to Protinex Original’. Protinex Original contains 31g sugar whereas Ensure contains 14.7g sugar per 100g. However, 100g values are not considered to recommend a dose. The actual consumption is decided based upon the recommended dosage or serving size (as mentioned on the pack). The recommended dosage of Protinex Original is 30g per day, whereas Ensure has not provided any guidance on the pack about daily recommended dosage. However, they have only mentioned that one serving of Ensure is 54.3g (6 scoops). So per serving Protinex has 9.3g of sugar and Ensure has 7.8g of sugar As per recommended dosage, there is only 18% difference (and not 50%) in the sugar content of Protinex Original versus Ensure (values are calculated as given on the pack). The difference in sugar content per dose in only 1.5g (¼th teaspoon). However, the total carbohydrate content of Protinex Original is lower compared to Ensure. It is important to look at the overall nutrient profile of a product and not just a single ingredient/nutrient. If you compare the overall nutrient profile of Protinex Original to Ensure, Protinex Original scores much better. CLEARLY THIS IS MISINTERPRETATION OF FACTS AND MISLEADING THE CONSUMERS The claim of ENSURE of having 50% less sugar is therefore completely false and bogus as they are not comparing per dose and comparing per 100g which is not correct. The sugar content in PROTINEX is within the standards while ENSURE has tried to create panic in the minds of the vulnerable consumer by feeding his false belief that all sugar is bad, and that by consuming PROTINEX he is consuming more sugar which in turn is harmful to his health or not suitable for consumption. Nothing could be farther from the actual truth..”"

Recommendation: NOT UPHELD

"On receiving the FTCC recommendation, the Complainant requested for a Review of the FTCC recommendation and also sought a personal hearing. Complainant argues that the overall nutrient profile of Protinex Original is better than that of Ensure Vanilla. Ensure has two serving sizes for 'with water' and for 'with milk' but nowhere they mention 'how many servings one should have per day'. Both packs (400 gms and 1 Kg) of Ensure were available in the market at the same time, with conflicting information. Protinex Original clearly recommends 1 serving (30 g) with milk as daily dosage whereas Ensure (any pack) doesn't recommend any daily dosage. The communication “HAS GREAT TASTE. 50% LESS SUGAR”, and by tilting the balance in its favour, the advertiser is misleading the public to depict that Protinex is harmful as it contains more sugar. Use of the words 'Watch Out' is a caution which is indirectly denigrating the Brand Protinex. The advertiser representatives did not seek a personal hearing and submitted their written response addressing the objections raised by the complainant. Advertiser states that currently there is no statutory requirement to declare number of servings on the pack. ENSURE has varied uses and considering the diverse dietary needs of different consumers they do not recommend a single universal dosage on the pack. ENSURE has undergone a packaging change and the current pack has been introduced in September 2016. Their advertisement depicts the current packaging. The pack picked up by complainant is an old pack that has now been discontinued. The objections raised by the complainant for Review and the advertiser’s response was reviewed by the technical expert of ASCI. The CCC viewed the hoarding and POSM advertisement and noted the Complainant’s and the Advertiser’s response as well as the opinion of the Technical expert presented at the meeting. The CCC noted that regarding the single ingredient – sugar, there is no new information submitted by the complainant. Since the reference to sugar is the bone of contention in the complaint, the question of comparison of ""Overall Nutritional profile of Protinex with that of Ensure” does not arise in this specific context of the advertisement. There is no difference in recommendation and instructions from the point of view of a consumer to whom instructions are more important than recommendations. Protinex label unequivocally instructs the consumer to ""Add sugar to taste and stir"". Also, adding “sugar to Taste” opens up immense possibilities in consumer use/overuse/misuse. The objection raised about issue of consumers consuming more servings of ENSURE and thereby increasing the intake of sugar comparable to the contents of sugar in Protinex was considered to be conjectural and not acceptable. The CCC concluded that in the context of the advertisement, the headline claim, ""Watch Out For The Sugar In Your Protein Drink”, is not objectionable. The claim, “50% less sugar” (mentioned ‘On per 100g powder compared to Protinex Original, Ensure India Label’) holds true for Ensure. On per serving basis, when the products are taken with milk and with water, the claim of 50% less sugar holds true for Ensure. The CCC noted that the advertiser has discontinued the old packs of Ensure. Based on the above, the CCC did not consider the hoarding and the POSM advertisement to be in contravention of the ASCI code. The CCC recommendation of complaint being Not Upheld stands on Review."

 

COMPANY: "Nivea India P. Ltd"
PRODUCT:"Nivea Protect & Care Deodorant"

COMPLAINT:

"“1. The Advertiser is claiming on the packaging (on front of the pack) that the Product is ""with NIVEA Creme ingredients"". Similarly on the back of the pack the Advertiser is claiming that the Product has ""precious NIVEA creme ingredients"". It may be noted that because all the essential declarations have been mentioned on the back panel of the Product, consumers are likely to take a note of the claim placed on the same panel. The relevant part of the claims on the Product is annexed herewith as Annexure A. 2. There is the advertisement of the Advertiser for the Product wherein following depictions are being made by the Advertiser. The advertisement is enclosed as Annexure B and is available on https://www.youtube.com/watch?v=cH4xNvTXez4. In the opening frame, one can see Nivea Creme rolling towards the Product and melting/merging into the Product, i.e. Nivea Protect & Care Deodorant and while Nivea Creme is merging with the Product, there is also a depiction of a splash of Creme coming out of the Nivea Creme and getting merged with the Product. This gives an impression that the ingredients of Nivea Creme are made available in the Product, however, the said advertisement carries a disclaimer misleading the consumers and stating that ""Artistic Impression of the Fragrance of Nivea Creme captured in the Deodorant"". Simultaneous, the VO states that ""New Nivea Protect & Care the first Deodorant with a refreshing fragrance of Nivea creme that brings back the memories of care"". By depicting the claims in this manner in the advertisement, the Advertiser is falsely trying to leverage the equity of Nivea Creme without extending any benefit of the same with the Product. Accordingly first about 8 seconds in the advertisement, when correlated with the claims on the Product label, are giving the impression that ingredient of Nivea Creme are being added in the Product and imply that the care and benefits of Nivea Creme are being delivered by the Product. 3. The Advertiser has also issued a print advertisement for the Product which is enclosed as Annexure C and claims that the Product is ""with the Goodness of Nivea Creme"". The said claim statement is qualified with a super wherein the Advertiser limits the claim by clarifying that it only ""Refers to Nivea Creme fragrance"" and nothing beyond that. The mischief of Nivea Creme melting and merging into the Product and misleading the consumers with an impression that the ingredients (and not only fragrance) of Nivea Creme is added to the Product, i.e. Nivea Protect & Care Deodorant continues in this print advertisement as was the case in the other advertisements. 4. These false and misleading claims are further expanded on the Advertiser's website and the same can be accessed/checked by using the link: http://www.nivea.in/products/campaigns/deodorants/NDO-Mamoritai-Protect-Care The Advertiser, on its website and in the above referred link, claims that with the Product, the consumers can ""Enjoy day long Odour Protection with Precious Ingredients of Nivea Creme"" and also ""Enjoy the most caring Nivea Deodorant"". We are now listing herein below our objections with respect to claims made by the advertiser in those advertisements: The Advertiser has added specific claims on the Product to give an impression that the Product has precious ingredients of Nivea Creme however there are no such common ingredients amongst these products which is apparent from comparing the ingredients mentioned on both the products. Upon checking the ingredient listed on these packs of Nivea Protect & Care Deodorant and Nivea Creme, it can be seen that no ingredients, precious or otherwise, of Nivea Creme are present in the Product which will give goodness of Nivea Creme to Nivea Protect & Care Deodorant and thus the claims made by the Advertiser are totally false and misleading. The visuals such as Nivea Creme rolling towards the Product can and then a splash of Creme merging with the Product are completely misleading and false as there are no such ingredients which are common to these two products. Besides that the products are completely different in nature, usages, benefits and characteristics and by merely adding the fragrance of Nivea Creme to Nivea Protect & Care Deodorant, the Advertiser cannot depict that the advertised Product provides benefits of Nivea Creme. There are no precious ingredients from Nivea Creme which are added in the Product, however on their website, the Advertiser has advertised that with the Product one can ""Enjoy day long Odour Protection with Precious Ingredients of Nivea Creme"". However, the Advertiser has failed even to highlight those precious ingredients. On a standalone basis, this is clearly a false and misleading claim.”"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The advertiser representatives were given personal hearing by ASCI, at which time they submitted their written response. Advertiser states that NIVEA Creme and NIVEA Protect and Care Deodorant Spray have certain critical common ingredients which significantly contribute to the fragrance and the skin care characteristics. Since the products are not exactly the same nor their formats, not all the ingredients can be common nor has it been claimed so. NIVEA Protect & Care Deodorant has the precious same fragrance of NIVEA Creme and additionally Octyldodecanol, which helps to keep the skin smooth. Further it has the deodorant formula that protects the body from bad odour & cares for delicate underarm skin. As claim support data, the advertiser provided product labels containing the ingredients list, reports of Efficacy and Tolerability Studies, etc. The CCC viewed the print advertisement, TVC, product packaging and the website advertisements and considered the Advertiser’s response. The CCC reviewed the data and concluded that – Both the products Nivea Creme and Nivea Protect and Care Deodorant Spray contain only two ingredients in common i.e. Parfum and Octyl dodecanol. While they contribute to fragrance and emulsification / emollient benefit, they are not major in terms of composition of the product and specifically critical for providing skincare benefit. The product composition as per label declaration indicates that the Crème has many other skincare ingredients that form major / critical part of Crème product composition (such as liquid paraffin, microcrystalline wax, glycerin, Eucerit, paraffin, Panthenol etc.) which are not present in the Deodorant spray. The print advertisement has visual of Nivea Creme super-imposed on the deodorant can image and claims, “With the Goodness of Nivea crème#"", and “#” is qualified as ""Refers to Nivea Creme fragrance"". This communication was considered to be misleading by ambiguity and implication that several other major ingredients (and not only fragrance) of Nivea Creme are added to the deodorant Product. The print advertisement contravened Chapter I.4 of the ASCI Code as well as clause 2 of the ASCI Guidelines for Disclaimers. This complaint was UPHELD. The front of Pack claim, ""with Nivea Creme ingredients"" accompanied by a visual of cream, and back of pack claim of “With precious Nivea Crème ingredients” is likely to mislead the consumers that Nivea Protect & Care Deodorant has several major skincare ingredients of Nivea Creme. Whereas the predominant common element of both the products is the Nivea Fragrance. These claims are misleading by ambiguity and implication and contravened Chapter I.4 of the Code. This complaint was UPHELD. The visual depiction in the TVC showing Nivea Creme product getting merged with the Deodorant Product is accompanied with a disclaimer ""Artistic Impression of the Fragrance of Nivea Creme captured in the Deodorant"", and a voice over, ""New Nivea Protect & Care the first Deodorant with a refreshing fragrance of Nivea creme that brings back the memories of care"". The CCC did not consider this to be objectionable or in contravention of the ASCI code. This complaint was NOT UPHELD. As fragrance, which is multi-ingredient in nature, also contributes to odor masking, the website claim, “Enjoy daylong odour protection with precious ingredients of Nivea Crème” was not considered objectionable. The claim “Enjoy the most caring Nivea Deodorant"", were not considered to be objectionable in the context of this being presented as “the most caring deo from Nivea”. This complaint was NOT UPHELD."

 

COMPANY:"Shree Baidyanath Ayurved Bhawan Pvt. Ltd"
PRODUCT:"Baidyanath Vita Ex Gold Plus capsules"

COMPLAINT:

"1.Proven ayurvedic Vita Ex Gold Plus capsules with powerful Swarna Bhasma, Shilajit and Musli which help build vitality and stamina to keep going on and on with the energy always wanted. 2. Tried, Tested and Trusted for over 35 years. 3. Think Vitality and stamina 4. It is your vitality and stamina that defines your performance."

NATURE OF COMPLAINT:

"My objections are as follows: 1) Ad is for a product for sexual pleasure, proven Ayurvedic product with powerful swarna bhasma, shilajit and musli which help build vitality and stamina to keep going on and on with the energy always needed. Think vitality and stamina whether its work, workout, fun activity or the relaxed evening with the family. Only swarna bhasma can give you those golden moments of sharing and caring. 2) Ad shows a man and a woman in close proximity of each other in happy mood, indicating that the product is for sexual pleasure. Ad says Tried, Tested and Trusted for over 35 years. Its your vitality and stamina that defines your performance. Calling the product for vigour and vitality and stamina is to describe the sexual act and satisfaction. 3) Advertising for sex enhancing products is prohibited by law and it contravenes the Drugs and magic Remedies Act. Kindly look into the above objections, call for the companys reply and then decide on my complaint. Kindly keep me informed.”"

Recommendation: NOT UPHELD

"The advertiser was granted an extension of five days to the standard lead time of seven days to submit their reply in response to their request for extension of one week’s time. The advertiser representatives did not seek a personal hearing and submitted their written response. The CCC viewed the advertisement and considered the Advertiser’s response. Advertiser argues that the picture showing man & woman in close proximity in happy mood does not in any way indicate that the product is for sexual pleasure. The advertisement is relating to a product which is based on ingredients sourced from Ayurvedic Authentic text books and the product is useful for vitality and stamina in human beings. The CCC concluded that while the advertisement has innuendos such as showing a heart and a couple in close proximity, in the context of presentation of the body copy of the advertisement it cannot be concluded that the product is for sexual pleasure enhancement. The CCC did not look into the product efficacy aspect as claimed in the advertisement as this was not the subject matter of the complaint. The complaint was NOT UPHELD."

 

COMPANY: "Nivea India P. Ltd"
PRODUCT:"Nivea Protect & Care Roll-on Deodorant"

COMPLAINT:

"“1. “Advertiser is claiming on its Product packaging (on front of the pack) that the Product is ""with NIVEA Creme ingredients"". Similarly on the back of the pack (on inside panel of the peel off sticker), the Advertiser is claiming that the Product has ""precious NIVEA creme ingredients & its unique scent"". It may be noted that the essential declarations such as MRP have been mentioned on the inside panel of the peel off sticker and accordingly consumers are likely to take a note of the claim placed on the same panel. The relevant part of the claims on the Product is annexed herewith as Annexure A. 2. The advertisement is enclosed herewith as Annexure B and the YouTube link for the same is https://www.youtube.com/watch?annotation id=578c8073-0000-2f4e-ab26-001al14e3a6c&feature=iv&src vid=cH4xNvTXeZ4&v=fRFwnTmICgQ. In the opening frame, Nivea Creme is rolling towards a white deodorant can and melting/merging into that can to form the Product, i.e. Nivea Protect & Care Deodorant which is in a Roll-On format. While Nivea Creme is merging to form the Product, there is also a depiction of a splash of Creme getting merged with the can. This gives an impression that the ingredients of Nivea Creme are added in the Product. Simultaneous, the VO states that ""The best from Nivea now in Roll-on Deo"" which clearly suggests that best ingredients and benefits of Nivea Creme are now made available to the consumers in the form of a compact Product. Accordingly first 3 seconds are giving the impression that ingredients of Nivea Creme are being added in the Product and imply that the care and benefits of Nivea Creme are being delivered by the Product. The Advertiser further claims that the Product will take gentle care of the skin when the VO states ""Get Gentle Care for your skin"" All these visuals, images and texts create an impression that the Product contains the best and characterising skin care ingredients from Nivea Creme and provide benefits of Nivea Creme. 3. Lastly, these false and misleading claims are further expanded on the Advertiser's website and the same can be accessed/checked by using the link: http://www.nivea.in/products/campaigns/deodorants/NDO-Mamoritai-Protect-Care The Advertiser, on its website and in the above referred link, claims that with the Product, the consumers can ""Enjoy day long Odour Protection with Precious Ingredients of Nivea Creme"" and also ""Enjoy the most caring Nivea Deodorant"". We are now listing herein below our objections with respect to claims made by the Advertiser in those advertisements: The Advertiser has added specific claims on the Product to give an impression that the Product has precious ingredients of Nivea Creme however there are no such common ingredients amongst these products which is apparent from comparing the ingredients mentioned on both the products. Upon checking the ingredient listed on these packs of Nivea Protect & Care Roll-on Deodorant and Nivea Creme, it can be seen that no ingredients, precious or otherwise, of Nivea Creme are present in the Product which will give goodness of Nivea Creme to Nivea Protect & Care Roll-on Deodorant and thus the claims made by the Advertiser are totally false and misleading. The visuals such as Nivea Creme rolling towards a can and then a splash of Creme merging with the Product are completely misleading and false as there are no such ingredients which are common to these two products. Besides that the products are completely different in nature, usages, benefits and characteristics and by merely adding the fragrance of Nivea Creme to Nivea Protect & Care Roll-on Deodorant, the Advertiser cannot depict that the advertised Product provides benefits of Nivea Creme. There are no precious ingredients from Nivea Creme which are added in the Product, however on their website, the Advertiser has advertised that with the Product one can ""Enjoy day long Odour Protection with Precious Ingredients of Nivea Creme"". However, the Advertiser has failed even to highlight those precious ingredients. On a standalone basis, this is clearly a false and misleading claim. The Advertiser also claims that the Product ensures ""Protection against Body Odour all day long"". As such, the Advertiser shall also be called upon to substantiate the claim as in absence of such substantiation the claim is misleading and false.”"

NATURE OF COMPLAINT:

Recommendation: NOT UPHELD

"The advertiser representatives were given personal hearing by ASCI, at which time they submitted their written response. Advertiser states that both NIVEA Creme and the Roll on Product have certain critical common ingredients. These common ingredients significantly contribute to the fragrance and the skin care characteristics. Since the products are not exactly the same nor their formats, not all the ingredients can be common nor has it been claimed so. As claim support data, the advertiser provided product labels with ingredients list, study report of Efficacy and Tolerability, and efficacy report on malodour protection etc. The CCC viewed the TVC, product packaging and the website advertisements and considered the Advertiser’s response. The CCC concluded that – Both the products Nivea Creme and Nivea Protect and Care Roll On contain, in addition to Parfum, certain common ingredients such as Water, Glycerin, Panthenol, Octyldodecanol which contribute to the skincare benefits. The Pack claims, ""with Nivea Creme ingredients"", and “with precious Nivea Crème ingredients & its unique scent”, therefore are not misleading. This complaint was NOT UPHELD. The visual depiction in the TVC showing a splash of Nivea Creme getting merged with the Roll On Product with a voice over, ""The best from Nivea now in Roll-on Deo. Get Gentle Care for your skin"", was not considered to be objectionable. This complaint was NOT UPHELD. The website claims, “Enjoy daylong odour protection with precious ingredients of Nivea Crème”, and “Enjoy the most caring Nivea Deodorant"", were not considered to be objectionable. This complaint was NOT UPHELD."

 

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

COMPLAINT:

"Free calls. Local + STD' airtel.in/freecalls."

NATURE OF COMPLAINT:

"A girl is seen holding her phone. The message reads: I am writing this letter to bring the ASCI bodys notice to the misleading hoarding being put up across the city by Indias leading telecom company, Airtel. I am reminded of the cola wars from the early 2000s whenever I look at any telecom companys ad everyone seems to be in an attempt to trump the other. What I believe to be an attempt to tackle Jios unlimited plans, Airtel recently declared their Free Unlimited plans, but when I went to a mobile recharge shopkeeper he told me that the packs are priced at Rs. 146 and Rs. 349 I dont understand as to how Airtel can be so brazenly make such a false claim. Even though these Airtel packs come at a price, Airtel has gone ahead and put up hoardings all over Mumbai city that mention Free Unlimited Local + STD calls I fail to understand as to how this is FREE as they claim when they are charging for the service. Only when I stopped my car and took a closer look at the hoarding is when I realized a small, completely illegible, line which read T&C apply. Airtel is just trying to take advantage of the hype created by Jio. Request you to look into the matter immediately and ensure Airtel doesnt mislead customers. For your reference, I have attached a picture of the hoarding I saw."

Recommendation: UPHELD

"The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek a personal hearing and submitted their written response. The CCC viewed the Ad – hoarding and considered the Advertiser’s response. Advertiser states that “Free Calls” is an added benefit which is given to the customers on purchase of another product or service, in this case on the purchase of data. The customers can continue to avail free voice calls benefit even on exhausting their data limit in the subscribed packs of Rs. 146 or Rs. 349 during its validity period, which in this case is 28 days. This can be compared to any other industry where one product is given free on the purchase of another product. The CCC visited the Airtel’s website and observed that prevailing price of 500MB data is INR 148/- and > 1GB data is available at INR 259/- as per given link: http://www.airtel.in/Airtel3G/tariff.html, whereas in the advertisement they are offering only 300MB data for INR 149/- and only 1GB data for INR 349/-. It was concluded that the claim “Free Calls Local + STD” cannot be said free as the prevailing price for data without advertised incentive is less. i.e. From consumer point of view, they have to make a payment of INR 149/- to avail this offer although they get only 300MB data versus 500 MB data. The CCC concluded that the claim, “Free Calls Local + STD”, is misleading and contravened Chapters I.4 and 1.5(b) of the ASCI Code (“when one product is offered free on purchase of other product, the free product can be treated as free only when the price of the product which is offered for purchase with the advertised incentive is not more than the prevailing price of the product without advertised incentive.”). The complaint was UPHELD."

 

COMPANY:"Richfeel Health & Beauty Pvt. Ltd"
PRODUCT:

COMPLAINT:

"Sir, pictures shown in the advertisements both Pre Transplant and post transplants are unrealistic, misleading and far from truth."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The advertiser was granted an extension of five days to the standard lead time of seven days to submit their response. The advertiser representatives were given personal hearing by ASCI at which time they informed that the before and after pictures shown were not of the real patient, for which they offered to put a disclaimer in the advertisement. The CCC noted that the advertiser did not provide their response specific to the claims/visuals objected to, nor did they provide photographic evidence to prove that the pictures shown in the advertisement (pre and post treatment) are demonstrating the real benefit achieved through the treatment. The CCC concluded that the efficacy being depicted via images of before and after the treatment are false and misleading by gross exaggeration. Without this evidence addition of any disclaimers was not considered acceptable. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"St. Joseph's International Fire & Safety Academy"
PRODUCT:

COMPLAINT:

“100% Placement Course”

NATURE OF COMPLAINT:

"I would like to draw your attention to the following advertisement, which I consider misleading and unethical. Advertisement of St. Joseph's International Fire & Safety Academy, Bhubaneshwar published in Samaja (Bhubaneshwar edition) on 19.12.2016 at page 7 ""100% Placement Course"" I enclose copy of ad and request you to look into the matter."

Recommendation: UPHELD

"The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek a personal hearing and submitted their written response. The CCC viewed the print advertisement and considered the Advertiser’s response. Advertiser states that the advertisement was published by one of their branch centres without any prior approval. Advertiser did not provide any supporting data for the claim made. The CCC concluded that the claim, “100% Placement Course”, was not substantiated with verifiable claim support data and is misleading by exaggeration. The advertisement contravened Guidelines for Advertising of Educational Institutions and Programs as well as Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Bharti Airtel Ltd "
PRODUCT:"Airtel- V Fiber"

COMPLAINT:

“Get A Free Upgrade. For Life”

NATURE OF COMPLAINT:

“Airtel Advertisement offers free life time upgrade to V fiber for its existing customers. Based on the promotion received I upgraded my connection to V fiber. Now Airtel is charging me 1000/- in the name of upgrade which was supposed to be life time free. If 1000/- is the fees for upgrade, how it is free? They are giving random answers like: 1. This is activation fees - not possible as I am existing customer and my connection is already activated 2. Hardware cost: Airtel gives router free after charging 1000 as activation charges that i have already paid No one is bothered to address customer complaint and they are cheating customers by giving free offer and then charging for it”

Recommendation: UPHELD

"The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek a personal hearing and submitted their written response. The CCC viewed the Ad – promotional material and considered the Advertiser’s response. Advertiser states that the speed upgrade is free for life i.e the consumer will enjoy speeds upto 40 mbps without any increase in the monthly plan rental. The charge of Rs. 1000/- is towards activation of the connection with upgraded infrastructure inclusive of the device (modem) installed at the customers’ premises which is mentioned as “T&C Apply” in the advertisement and also available on their website. The CCC noted that the terms and conditions of the offer mentions, “Once the feasibility has been confirmed, an existing customer shall pay a one-time fee of Rs. 1000/- for activation of the Offer”. The CCC concluded that the claim offer, “Get A Free Upgrade. For Life”, is misleading by omission as the Upgrade is not free but is subject to an additional cost of Rs.1000/- being charged as activation fees. The advertisement – promotional material contravened Chapter I.4 of the ASCI Code and Clause 1 and 2 of the ASCI Guidelines on Disclaimers . The complaint was UPHELD."

 

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

COMPLAINT:

"“the advertisements starts with actor ranveer singh buying thums up. throughout the advertisement ""tufani"" is being defined. suddenly outside the same shop a school bus hits an electric pole and meets an accident. ranveer singh rushes and rides bike in a very unsafe manner which would technically lead to an accident but nothing such happens and the actor saves the kids then drinks thumps up and states "" i am tufani"" https://www.youtube.com/watch?v=8MJmlr1MNHU although the advertisement sends a good message of saving the kids selflessly but it encourages rash driving and stunts as well. and mainly the issue is that thums up is no where related to saving of kids. it just requires to be selfless and helping nature of a person. no one needs to be tufani and thumps up doesn't do anything like that to a human body. such advertisements lead to a thinking in people especially the illiterate class that thumps up helps to perform such stunts which may lead to disaster in their respective lives.”"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek a personal hearing and submitted their written response post the due date. The CCC viewed the TVC and considered the Advertiser’s response. Advertiser states that the actions of the protagonist in the TVC are an obvious exaggeration to demonstrate the protagonist's drive and selflessness in pursuing the affected school bus and rescuing the trapped children. This is not intended to be emulated, and is certainly not intended to encourage any rash driving or engagement in stunts. The CCC noted that the rider is shown performing a wheelie in normal streets, traffic conditions, right amongst a few people. This is contradictory to the disclaimer made in the TVC – “the actions are for representational purposes alone and must not be copied by viewers.” The CCC concluded that though the overall TVC is not objectionable, regardless of the disclaimer, the specific visual showing the stunt performed by the rider (Wheelie) in normal traffic and/or in presence of bystanders and public, encourages dangerous practices, manifests a disregard for safety and encourages negligence. The TVC contravened Chapter III.3 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Amazon India "
PRODUCT:

COMPLAINT:

"“It was an online ad which is called ""Product Listing ad"" in Google SERP (Search Engine Results Page "" When searched for ""otg oven"" in Google, Amazon India served this product listing ad in SERP where the brand claimed that the product is available for Rs. 2829/-, but upon clicking the same & reaching the product page, it was shown as Rs. 3449/-. This is case of misinforming the customers & cheating them with wrong information. when contacted the brand through their Twitter handle, they said they were running a promotion & they haven't removed the promotion. Have been checking this from 5 days, there was no offer running which have the product available @ this price. even in case the product was available @ a deal price previously, this being a digital medium & brand well known for it's technological usage, can't give this as a reason. Worst part is that the ad is still after the customer care has acknowledged the ad being misleading. ”"

NATURE OF COMPLAINT:

Recommendation: NOT UPHELD

"The CCC viewed the website advertisement and considered the Advertiser’s (Amazon) response. Advertiser states that it is likely that a temporary technical error may have resulted in a temporary mismatch on the price appearing on the Google search result page and the actual product listing on Amazon. This may be due to the time lag that occurs when a new price is fed into Amazon’s servers and is reflected on Google’s sponsored link. Such technical time lag is common and autocorrects itself within a minimum of 5 minutes and maximum time span of 30 minutes. Since the minimum time for the change the price or product details is purely technical, there is no deliberate intention to project incorrect details to customers. The CCC concluded that the website advertisement reflecting the product price as Rs. 3449/-, is resulting out of the time lag between the servers. The complaint was NOT UPHELD."

 

COMPANY: "Vjs Pharmaceuticals Pvt Ltd"
PRODUCT:"Visible Change Cosmetic Beauty Clinic"

COMPLAINT:

“Get your natural Hair back in 35 minutes”

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objection raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date for this complaint. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claim, “Get your natural Hair back in 35 minutes”, was not substantiated with treatment efficacy data, and is misleading by gross exaggeration. Also, efficacy being depicted via images of before and after the treatment is misleading. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY: "Angels Advanced Clinic Pvt. Ltd. (Angels Advanced Clinic)"
PRODUCT:

COMPLAINT:

"1. Put a check to over weight: Agel is specialized in making your body slim by reducing over weight and belly fat using advanced methods like cellulite therapy, Body former & protein therapy. 2. Desired skin colour is yours: Improve your face colour along with your entire body with GSH and Advanced skin peels. 3. The before and after visuals appears to be misleading"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objections raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date for this complaint. The CCC viewed the advertisement. Advertiser did not provide details of treatment procedure for slimming. In the absence of comments from the Advertiser, the CCC concluded that the claims, “Put a check to over weight: Agel is specialized in making your body slim by reducing over weight and belly fat using advanced methods like cellulite therapy, Body former & protein therapy”, and “Desired skin colour is yours: Improve your face colour along with your entire body with GSH and Advanced skin peels”, were not substantiated with any supporting clinical evidence, and are misleading. Also, efficacy being depicted via images of before and after the treatment are misleading by exaggeration. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY: "Hair Doc Trichology Hair Clinic"
PRODUCT:

COMPLAINT:

"1. Stop hairfall in Time..! 2. Root Grow Treatment - India's First Hair Growth treatment with Persia Americana Stem Cell Extract. 3. The visuals in the ad appears to be misleading."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objections raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date for this complaint. The CCC viewed the advertisement. Advertiser did not provide details of treatment procedure for hair growth. In the absence of comments from the Advertiser, the CCC concluded that the claims, “Stop hairfall in Time..!”, and “Root Grow Treatment - India's First Hair Growth treatment with Persia Americana Stem Cell Extract”, were not substantiated with any supporting data or clinical evidence. These claims are misleading by exaggeration. Also, efficacy being depicted via images of before and after the treatment are misleading. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY: "Tulsi Herbo Cure "
PRODUCT:

COMPLAINT:

“For Psoriasis disease treatment - can be cured by our treatment within three to six months and it won't even return back.”

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objections raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date for this complaint. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claims, “For Psoriasis disease treatment - can be cured by our treatment within three to six months and it won't even return back”, were not substantiated with any supporting clinical evidence, and are misleading by exaggeration. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY: "Healing Hastha Herbal Concepts"
PRODUCT:"My Dr. Pain Relief Oil"

COMPLAINT:

“Massaging with My Dr. Pain Relief Oil you will get Permanent relief from pain.”

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objection raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date for this complaint. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claim, “Massaging with My Dr. Pain Relief Oil you will get Permanent relief from pain”, was not substantiated with product efficacy data, and is misleading by exaggeration. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY: "Vidyamandir Classes"
PRODUCT:

COMPLAINT:

"1. Cash reward worth 2 crores, 2. Upto Scholarship upto 100%"

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objections raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date for this complaint. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claim, “Cash reward worth 2 crores”, was not substantiated with supporting evidence of the students who have received the cash worth 2 crores. Claim, “Upto Scholarship upto 100%”, was not substantiated with authentic supporting data such as evidence of 100% scholarships availed by their students. The claims are misleading by exaggeration. The advertisement contravened Guidelines for Advertising of Educational Institutions and Programs as well as Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY: "Brain Master Classes Pvt. Ltd (Brain Master Classes)"
PRODUCT:

COMPLAINT:

"1. Central India's No.1 Medical Training Institute, 2. No 1 in Central India for the last 12 years"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objections raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date for this complaint. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claims, “Central India's No.1 Medical Training Institute” and “No 1 in Central India for the last 12 years”, were not substantiated with any verifiable comparative data versus other similar institutes in the same category or any third party validation or research to prove these claims. Also, the claims are misleading by exaggeration and by ambiguity and omission of the reference to the particular criteria for which they are No.1. 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: "Kudos Laboratories India"
PRODUCT:"Kudos V-1 Jointment"

COMPLAINT:

“No.1 - Anti Arthritis Treatment”

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objection raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date for this complaint, despite a reminder from ASCI. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claim, “No.1 - Anti Arthritis Treatment”, was not substantiated with any verifiable comparative data versus other similar institutes in the same category or any third party validation or research to prove this claim. Also, the claim is misleading by exaggeration and by ambiguity and omission of the reference to the particular criteria for which they are No.1. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Sri Chaitanya Educational Institutions"
PRODUCT:"Sri Chaitanya Techno School"

COMPLAINT:

“Facts prove that Sri Chaitanya is World's No.1 school”

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objection raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date for this complaint. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claim, “Facts prove that Sri Chaitanya is World's No.1 school”, was not substantiated with any verifiable comparative data versus other similar institutes in the same category or any third party validation or research to prove this claim. Also, the claim is misleading by exaggeration. The advertisement contravened 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:"Super Twenty Training Institute"
PRODUCT:"S20 Training Inst-Fn"

COMPLAINT:

“100% Placement”

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objection raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date for this complaint. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claim, “100% Placement”, was not substantiated with authentic supporting data such as detailed list of students who have been placed through their Institute, contact details of students for verification, enrolment forms and appointment letters received by the students, nor any independent audit or verification certificate, and is misleading by exaggeration. The advertisement contravened Guidelines for Advertising of Educational Institutions and Programs as well as Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY: "Excel Net Computer"
PRODUCT:

COMPLAINT:

“100% Placement”

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objection raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date for this complaint. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claim, “100% Placement”, was not substantiated with authentic supporting data such as detailed list of students who have been placed through their Institute, contact details of students for verification, enrolment forms and appointment letters received by the students, nor any independent audit or verification certificate, and is misleading by exaggeration. The advertisement contravened Guidelines for Advertising of Educational Institutions and Programs as well as Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY: "Creative Career Academy"
PRODUCT:

COMPLAINT:

"100% Result for Constable."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objection raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date for this complaint. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claim, “100% Result for Constable”, was not substantiated with verifiable claim support data and is misleading by exaggeration. The advertisement contravened Guidelines for Advertising of Educational Institutions and Programs as well as Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY: "American Inst Of English Lang"
PRODUCT:

COMPLAINT:

"1. American has been awarded India's best English Language Institute. 2. India's No.1"

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objections raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date for this complaint. The CCC viewed the print advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claim, “American has been awarded India's best English Language Institute”, was not substantiated with details, references of the award received such as the year, source and category. Claim, “India’s No.1”, was not substantiated with comparative data versus other similar institutes in the same category or any third party validation or research to prove this claim. Also, the claims are misleading by exaggeration. The advertisement contravened Guidelines for Advertising of Educational Institutions and Programs as well as Chapters I.1, I.2 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY: "SICE Shivaji Institute"
PRODUCT:

COMPLAINT:

“Si/Constables Job Guarantee”

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objection raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date for this complaint. The CCC viewed the advertisements. In the absence of comments from the Advertiser, the CCC concluded that the claim, “Si/Constables Job Guarantee”, was not substantiated with authentic supporting data such as detailed list of students who have been placed through their Institute, their enrolment forms and appointment letters received by the students. The claim is likely to mislead the students that the institute is providing permanent jobs. Also, the claim is misleading by exaggeration. The advertisement contravened Guidelines for Advertising of Educational Institutions and Programs as well as Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY: "Air India Limited (Air India)"
PRODUCT:

COMPLAINT:

“World’s most advanced aircraft.”

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 representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date for this complaint. The CCC viewed the TVC and concluded that the claim, “World’s most advanced aircraft”, is not objectionable for the aircraft Boeing 787 Dreamliner being shown in the TVC. The complaint was NOT UPHELD."

 

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

COMPLAINT:

"Claim: “Product: Alcoholic Beverage Appeared: Times of India Bengaluru 8 December 2016 Language: English Description of the print advt: The print advertisement just says “Seagram’s Royal Stag Mega Cricket?. ‘Cricket Clear’ is written in fine print Our objections: Seagram’s Royal Stag is a hugely popular product of alcoholic beverage. In fact, ‘Mega Cricket’ is written in small point size that a reader would consider it to be an ad of the beverage. This is a case of advt for alcoholic beverage.”"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek a personal hearing and submitted their written response. The CCC viewed the print advertisement and considered the Advertiser’s response. Advertiser states that the basis and underlying idea of the advertisement is independent of any alcoholic beverages, and is related to Cricket Gear under the brand name “Royal Stag Mega Cricket” which has been used continuously and extensively since the last 10 years. The purpose of this advertisement is to promote “Royal Stag Mega Cricket” Cricket Gear. As claim support data, the advertiser provided copies of registration certificates registrations for Royal Stag with respect to Cricket Gear (classes 28 and 25) and Photographs of “Royal Stag Mega Cricket” Cricket Gear. The Advertiser did not provide the annual market sales data of the product/service advertised. Based on the reference to Cricket Gear, the CCC concluded that the advertisement depicting the Royal Stag brand name is a surrogate Advertisement for promotion of a liquor product – Seagram’s Royal Stag. The advertisement is misleading by implication and contravened Chapters I.4 and III.6(b) of the ASCI Code (“Whether there exists in the advertisement under complaint any direct or indirect clues or cues which could suggest to consumers that it is a direct or indirect advertisement for the product whose advertising is restricted by this Code.”) Also, the Ad did not meet the requirements as per ASCI's Guidelines for Qualification of Brand Extension Product or Service and thereby contravened Chapter III.6 (a) of the ASCI Code (“Whether the unrestricted product which is purportedly sought to be promoted through the advertisement under the complaint is produced and distributed in reasonable quantities, having regard to the scale of the advertising in question, the media used and the markets targeted.”). The complaint was UPHELD."

 

COMPANY: "CavinKare Pvt. Ltd"
PRODUCT:"Ruchi Pickles"

COMPLAINT:

"“In the televised advertisement promoting Ruchi pickles, the manufacturer shows bad manufacturing practices followed by other pickle manufacturers and claims Ruchi pickle as the only one prepared following good manufacturing practices. Manufacturer can claim its products produced following Good Manufacturing Practices but cannot other manufacturers following bad practices by showing bad quality products used in preparation which is misleading the consumer and portraying their products as the good quality one. All food manufacturers are licensed by FSSAI Licenses are based on GMP, GHP followed by them. They are the regulatory authority to inspect and take regulatory action if bad practices are followed. Another pickle manufacturer cannot mislead the public by false advts.”"

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives had a personal hearing via telecon, and submitted their written response. The CCC viewed the TVC and considered the Advertiser’s response. Advertiser states that the TVC nowhere compares the labelled or licensed competition products with FSSAI Logo affixed in the thinly packed attractive bottle where bad oil is filled. The TVC offers an informed choice to the consumers to prefer the Packed and Labelled Ruchi Pickle in line and compliance with the FSSAI. Advertiser provided a copy of the TVC, Copy of the FSSAI License and Times of India news article titled “Unorganized packaged foods biz sparks safety concerns”. The CCC concluded that the TVC (in Tamil), as translated in English, claims, “Don’t buy pickles that are not of good quality. All the pickles that sell at same price does not mean they are of same quality... There are many pickles in the market in which they use Lemon peels, mango that has fallen down due to heat, soda mixed chilli and bad quality oil, all put in eye catching packaging”. The claims were considered to be misleading by omission of a reference that they meant this comparison to be with the products from the “unorganized sector” and by implication as the bottle being depicted in the TVC were from a supermarket / store (i.e. organized sector). The CCC also noted in the context of the protagonist choosing the product from the shelf in super market, the visuals showing other bottles being filled in unhygienic manner unfairly denigrate the entire class/category of Pickles. The TVC contravened Chapters I.4 and IV.1(e) of the ASCI Code. The complaint was UPHELD."

 

COMPANY: "Heinz India P. Ltd"
PRODUCT:"Kraft Cheese"

COMPLAINT:

“America's No.1 Cheese, now made in India”

NATURE OF COMPLAINT:

"This ad states that Kraft is America's No.1 Cheese. It doesn't say Kraft Cheese brand is America's no. 1. By implication therefore this ad is stating that Kraft Cheese available in India is same as Kraft. Separately, I'm sending vide email pack shot Kraft Cheese sold in US. This clearly shows that what is sold in US under Kraft brand is Cheddar Cheese. What is being sold as written on pack in the Indian ad is Processed Cheese. Processed cheese is not the same Cheddar Cheese. Kraft is misleading the Indian consumer with this ad by stating that "America's no 1 Cheese now made in India" because the Cheese sold by them in US under Kraft brand name is totally different. Consumers who have eaten Kraft Cheddar Cheese will purchase Kraft processed Cheese now sold in India thinking it is same as in US because of this ad. And they are going to be terribly disappointed when they find out that it is not."

Recommendation: NOT UPHELD

"The advertiser representatives were given personal hearing by ASCI. The CCC viewed the print advertisement and considered the Advertiser’s response. Advertiser states that Kraft is indeed the America’s largest selling cheese. It is to be noticed that in the processed cheese category too, Kraft Heinz is no. 1. Further, cheddar cheese is not the only cheese sold under the Kraft brand in America. The advertiser has launched only processed cheese in India and they are specifying that it is “Kraft Processed Cheese.” As claim support data, the advertiser provided details of the various types of Kraft-branded cheese sold in America and volume share data for Kraft Cheese as well as Kraft Processed cheese to substantiate its market leadership in the USA. Based on this data, the CCC concluded that the claim, “America's No.1 Cheese, now made in India”, was substantiated. The complaint was NOT UPHELD."

 

COMPANY:"Milkor"
PRODUCT: "Mikor Pateurised milk"

COMPLAINT:

"1. Milk is one of the most adulterated food product in India 2. Drinking Milk? Or Poison?"

NATURE OF COMPLAINT:

“The body copy stating milk to be the most adulterated food product has no research backup . Writing milk consumed in delhi as a poison is a highly objectionable statement thereby creating scare and confusion amongst the milk consumers. What ensures purity in an own farm milk as it could have antibiotics, hormones, aflatoxins etc. I would also like to make the publisher TOI also as a party who allowed such misleading advertisement which creates highest level of misunderstanding on milk available in the market. Mothers and children both would get affected the most emotionally by the body copy golf this advt. It is worth mentioning that this product is from Sahara group.”

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the grievances of the complainant. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date for this complaint. The CCC viewed the advertisement. The CCC was of the view that there is not data to indicate that branded products are adulterated at source. Most adulteration incidents reported are through supply chain. In the absence of comments from the Advertiser, the CCC concluded that the claim, “Milk is one of the most adulterated food product in India. Drinking Milk? Or Poison” is misleading by implication and exaggeration and not substantiated for branded milk products. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. This complaint was UPHELD."

 

COMPANY: "18 Herbs Organic Labs Private Limited"
PRODUCT:"18 Herbs Organic Dia Health Tea"

COMPLAINT:

"1. Dia Health Tea - a tea that helps you fight diabetes 2. 18 Herbs Organics DiaHealth Tea contains 100% pure-cut leaves of organically grown Gymnema herb - a globally renowned natural treatment for diabetes. It helps decrease the absorption of sugar from the intestine and regulates blood sugar 3. It also restores pancreatic function and helps in weight loss. 4. Also try our range of teas like LaxoHealth Tea which is an excellent laxative or Premium Green Tea which helps burn fat and cholesterol."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objections raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date for this complaint. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claims, “Dia Health Tea - a tea that helps you fight diabetes”, “18 Herbs Organics DiaHealth Tea contains 100% pure-cut leaves of organically grown Gymnema herb - a globally renowned natural treatment for diabetes. It helps decrease the absorption of sugar from the intestine and regulates blood sugar”, “It also restores pancreatic function and helps in weight loss”, “Also try our range of teas like LaxoHealth Tea which is an excellent laxative or Premium Green Tea which helps burn fat and cholesterol”, were not substantiated with clinical evidence of product efficacy. Also, the claims are misleading by exaggeration and implication. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY: "Rajnish Hot Deals Pvt Ltd."
PRODUCT:"Play Win Range of Product"

COMPLAINT:

"1. Growth of Power, Extra Timing, Strength and Warmness 2. Instant Energy 3. Diabetes and BP Patients can use this medicine 4. Helps prevent premature ejaculation 5. For better results: Massage on weak nerves with few drops of Play Win Oil, it will strengthen the vital organs of the body 6. For Powerful Stamina 7. The visual in the advertisement"

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

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

 

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

COMPLAINT:

"1. Thousands prefer Stay‐On now... you better know why!!! ‐ 2.Thousands of couples have rediscovered passion in their lives. It's your turn now 3. Vitality, Stamina & Energy 4.The visual in the advertisement"

NATURE OF COMPLAINT:

Recommendation: UPHELD

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

 

COMPANY:"Rajnish Hot Deals Pvt Ltd"
PRODUCT:"Play Win Range of Product"

COMPLAINT:

"1. Increases passion, strength, extra timing and pep. 2. Immediate Effect 3. 100% Ayurvedic no side effect, So diabetes and Blood Pressure patients can take it. 4. Helpful in stopping Premature Ejaculation. 5. For better results massage nerves with few drops of Play‐Win Oil and make your loose organs strong and strengthen. 6. For Powerful Stamina."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

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

 

COMPANY:"Naik Homeopathy Care and Cure Clinic"
PRODUCT: "Naik Homeopathy"

COMPLAINT:

"Successful Treatment on : - Kidney Failure - Heart diseases & Liver failure - Cancer / Mental diseases - Infertility prevention/ Sexual problems - Arthritis / Spondilysis - Skin Diseases / Psoriasis - Obesity / Asthma - Depression/ mentally challenged children"

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"Cancer- Item no- 8 -Schedule J Item No- 6 -DMR Act Heart Diseases- Item No. 26- DMR Act Obesity- Item no- 39 Schedule J Item No- 38-DMR Act Diseases and Disorder of Brain- Item No- 10-DMR Act Mental Retardation, subnormalities and growth- Item No- 37 -Schedule J"

 

COMPANY:"Bengali Dawakhana "
PRODUCT:

COMPLAINT:

"1. BENGALI DAWAKHANA - Get lost strength & youth from years in few days 2. Take treatment of increased prostate without operation"

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

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

 

COMPANY:"M J Care Hospital "
PRODUCT:

COMPLAINT:

"1. M J CARE HOSPITAL - Successful treatment of venereal diseases 2. Complete treatment in 20 days 3. Successful treatment for Men-Women’s sexual diseases such as, Premature Ejaculation, Sexual Impotence and low sperm count"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Venereal Diseases- Item No. 54- DMR Act Maintenance or improvement of the capacity of the human being for sexual pleasure- Item no- 36 -Schedule J Sexual Impotence, Premature Ejaculation and Spermatorrhoea Item No- 47 -Schedule J Item No- 45 -DMR Act"

 

COMPANY:"Makewell Pharmaceutical"
PRODUCT:"Speed Height Capsule"

COMPLAINT:

"1. SPEED HEIGHT CAPSULE - Helpful in Physical Development. 2. The Visual implies increase in Physical stature"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Improvement in Height of Children and Adult- Item No. 29 -Schedule J Stature of Person- Item No. 47- DMR Act"

 

COMPANY:"Shravya Speech and Hearing Clinic"
PRODUCT:

COMPLAINT:

"Do you hear less? - You can get rid of less hearing disease through different types of ultra-modern machine available with us. Treatment of stammering, Lisping and all problems of speaking."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Deafness- Item no.8 – DMR Act Item no. 13- Schedule J Stammering - Item No- 49 -Schedule J"

 

COMPANY:"Mongas Ayurvedic and Herbal Company"
PRODUCT:"Ayur Grow Tablet"

COMPLAINT:

"AYURGROW TABLET - Helpful in growth of height"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Improvement in Height of Children and Adult:- Item No. 29 (Schedule J) Stature of Person- Item No. 47- DMR Act"

 

COMPANY:"Benda Acupuncture and Slimming Centre"
PRODUCT:

COMPLAINT:

"1. New Hope for disappointed patients. 2. Reduce obesity, increase height. 3. Cerebral Palsy. Many children suffering from this disease are living a normal life being healthy in Benda Acupuncture Centre. 4. Deafness 5. Treatment of Paralysis"

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"Obesity- Item no- 39 - Schedule J Item No- 38 - DMR Act Improvement in Height of Children and Adult- Item No. 29 -Schedule J Stature of Person- Item No. 47- DMR Act Diseases and Disorder of Brain- Item No- 10 - DMR Act Deafness- Item no.8 – DMR Act Item no. 13- Schedule J Paralysis- Item No- 39 -DMR Act Item No- 40 - Schedule J"

 

COMPANY:"Ayushakti Ayurved Pvt Ltd"
PRODUCT:

COMPLAINT:

"1. AYUSHAKTI FOCUSES ON RESULTS!! 2. Helped lacs of people for past 27 years to experience parenthood"

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"Sterility in women- Item No-48 -DMR Act Sexual Impotence - Item No- 47 Schedule J"

 

COMPANY:"Natural India Products Company"
PRODUCT:"Nipcos Range of Products"

COMPLAINT:

"1. BESTO PLUS - For increasing female's beauty... - True feeling of feminism... - Ayurvedic Oil, Cream. Effective medicine of enhancing female’s beauty. 2. Claims & Visual imply breast enhancement"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Form and Structure of female bust- Item no- 21 - DMR Act Item No- 19 - Schedule J"

 

COMPANY:"Stammering Relief Centre"
PRODUCT:

COMPLAINT:

"1. STAMMERING RELIEF CENTRE ‐ Fix Stammering/Stuttering 2. Treatment only in 2 weeks/ do not doubt, do trust 3. 100% GUARANTEE"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Stammering- Item No- 49- Schedule"

 

COMPANY:"Nila Pharmaceuticals"
PRODUCT:"Arsamukthi"

COMPLAINT:

"1. Effect Seen within 3 Days 2. Use Arsamukthi and enjoy Piles free life. 3. Arsamukti helps in complete relief from Piles and related symptoms."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"Piles- Item No.- 42 -Schedule J"

 

COMPANY:"Shree Varma Ayurveda Hospital"
PRODUCT:

COMPLAINT:

"1. Varicose vein, Uterus problems can be cured by Sree Varmas Ayurveda Special treatment within 90 to 180 days. 2. Certain diseases which are believed to be only healable through surgery and patients who have been left by well renowned hospitals and the so called specialists saying that they can't be healed and they must live life long only with the pain relieving supplements started to completely heal through the miraculous Varma treatment of Aacharya. Apart from completely curing the people from the diseases, in order to prevent the return of diseases and to lead a healthy life Aacharya came up with the ""Sree Varma PCR Ayurveda Medicine"". 4. Varicose Vein: Through our treatment it can be cured."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"Varicose Vein:- Item No.- 51 -Schedule J Diseases and Disorder of The Uterus- Item No- 12 -DMR Act Item No- 15 - Schedule J Disorder of Nervous system- Item No- 14 - DMR Act"

 

COMPANY:"34 Heart Care "
PRODUCT:

COMPLAINT:

"1. 34 HEART CARE ‐ Freedom from heart diseases, treatment without surgery 2. Treatment without bypass‐surgery 3. 95% Success rate 4. Natural By‐pass 5. Treatment in only 20‐40 days"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Heart Diseases- Item No.- 26 -DMR Act"

 

COMPANY: "Caram Health Care"
PRODUCT:"Ziolyfee"

COMPLAINT:

"Good News For Diabetic People. ziolyfe Tablet Plays An Effective Role In People Suffering From Diabetic Side Effects With Increased Urination, Tiredness, Burning In Legs, Leg Cramps, And Flatulence."

NATURE OF COMPLAINT:

Recommendation: UPHELD

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

 

COMPANY:"Sablok Clinic"
PRODUCT:

COMPLAINT:

"1. SABLOK ‐ Come Lets fill new passion, new joy and new youth in your married life 2. Consult for Successful treatment of sex related every problem."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

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

 

COMPANY:"Nissan Motors India Pvt. Ltd"
PRODUCT:"Datsun redi-GO"

COMPLAINT:

"Bramak ad ki compaint dutsun india ( nissan india) not make this car but karoro rs ka ad nes Chanel/ hording all india/ news paper. I buked this car 25 may but not giving company this model rs239000 . told us dealer not making this model. I talks dealers why is many cr ad. Main barbaad kar ke public ko gumrah kar rahe ho.Plze action and panalty dutsun india"

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"On receiving the Request for confirmation of Compliance, the advertiser sought for a review of the CCC recommendation. Subsequently, the advertiser submitted sales invoices of customers who have purchased the variant (D) of redi-GO at 2.39 lac. The CCC reviewed the data provided for review and concluded that the claim, “Datsun redi-Go starting from Rs. 2.39 lakhs”, was substantiated with evidence of customers who have availed of this offer. The complaint is Not Upheld on Review."

 

COMPANY:"Hindustan Unilever Limited"
PRODUCT:"Rin Antibac"

COMPLAINT:

"“A nurse takes a child and someone says her dress carry infected germs for new born babies, so use Rin washing powder. It is misleading that all our Indian environment is carrying germs and only by Rin it can be avoided. It is typically spoiling the young women on duty and make them buy their products”"

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek a personal hearing and submitted their written response. The CCC viewed the TVC and considered the Advertiser’s response. Advertiser states that the advertisement is a creative depiction of the issue that the product addresses i.e. germ on clothes. The advertisement only depicts an apprehension of germs on clothes and is an attempt to educate the users on the issue affecting their health, which can be avoided by cleaning them with effective washing powders such as Rin Antibac due to its formulation and ingredients. As claim support data, the advertiser provided a web extract from the National Health Services of the Govt. of UK on awareness of germs on clothes, and an in vitro microbial report of Rin Antibac used to measure the disinfectant and antiseptic property. 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 opinion of the Technical expert presented at the meeting. The CCC noted that control of spread of germs cannot be achieved by using a detergent alone as scientific data indicates that the number of organisms transmitted is significantly higher if donor’s fabric or hands are wet. While the Advertiser has provided an in vitro test report to support microbial inhibition by the product under laboratory condition, depicting that clothes washed with Rin AntiBac being sterile is not true. The advertised product does not have the property to provide germ protection in wear conditions. As the clothes will be exposed to different environments, they would be contaminated and would carry germs. Both the claims i.e. germ inhibition / sterile clothing in wear conditions and provided only by the advertised product (i.e. other detergent not providing similar benefit) has not been substantiated. The CCC concluded that the claim, “Presenting new Rin Antibac with Ayurvedic extracts removes germs” accompanied by visuals implying sterile clothes, was not substantiated, and is misleading by implication and exaggeration. The TVC contravened Chapters I.1 and I.4 of the Code. The complaint was UPHELD."

 

COMPANY:"Kansai Nerolac Paints Ltd"
PRODUCT:"Nerolac Mica Marble"

COMPLAINT:

"“Mica Ghar ko Banaye Tough” “Marble banaye ghar ki Shaan Saalo saal”"

NATURE OF COMPLAINT:

"Complaint against Nerolac Mica Marble ad. https://youtu.be/LFdNUBFLx40 Here is the youtube link. The TVC claims Mica increases the strength of the paint. Looks more like a cement ad. And is grossly misleading. 1. The TVC visually shows and hence communicates that the Product Mica Marble gives strength to the plastered wall. In case of other paints, the impact of a Cricket ball breaks the cement surface while the part where Mica Marble is applied has more strength and does not break. This is in contrast to common logic (How can a paint film substantially enhance mechanical strength of the cement wall) and is misleading in nature. 2. The Product claim that ""Mica Ghar ko Banaye Tough"" is quite contentious and is grossly misleading 3. The claim that ""Marble banaye ghar ki Shaan Saalo saal"" also is a claim which has no proof in the context of a Paint Film."

Recommendation: UPHELD

"The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek a personal hearing and submitted their written response. The CCC noted that the Advertiser did not provide technical test reports for the claims made, despite a specific request being made from ASCI. The CCC viewed the TVC and considered the Advertiser’s response. Advertiser states that the commercial is a visual/ graphical representation of paint peeling that can happen due to harsh force / impact. They have taken care to show only the exterior paint peeling off and not the cement. The cement structure of the exterior wall is shown intact in all other houses wherein Nerolac Excel Mica Marble is not applied. The advertiser argues that in Excel Mica Marble, the feature of Anti Peel has been fortified with addition of Mica, which being lamellar in structure gives very well film packing and water barrier effect. Excel Mica Marble gives wet scrub reading by 20 - 25% higher and 5-6% higher reading as compared equivalent products which indicates that marble contributes to higher whiteness in the product, resulting in the walls being brighter and with a sheen. The CCC noted that while the advertiser has made several assertions about their product, no comparative technical data or third party test reports have been provided to prove performance of Nerolac Mica Marble as depicted in the TVC in terms of making the walls more tough as compared to other paints or longevity of its look over years. In the absence of claim support data, the CCC concluded that the claims, “Mica Ghar ko Banaye Tough”, and “Marble unki Shaan banaya rake Saalo saal”, were inadequately substantiated and are misleading by exaggeration and implication that other paints are inferior to the advertised product. The TVC contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Bharti Airtel Ltd "
PRODUCT:"Airtel- V Fiber"

COMPLAINT:

"Download and upload files in a jiffy"

NATURE OF COMPLAINT:

"“Website ad saying that you can ""Download and upload files in a Jiffy. Airtel has started a new service called V-FIber where they promise you can ""download and upload files in a jiffy"" on their website at www.airtel.in/vfiber. While my download speeds are as promised (around 16-20 Mbps), my upload speeds are extremely slow at less than 0.5 Mbps. This is a clear case of false advertising. On contacting customer service, I was informed that ""Airtel does not support uploads"" which is a technically impossible statement, as one cannot use the internet without the ability to upload. The net result of this is when any computer or phone on my network is sending data to the internet (such as whatsapp backup, gmail attachments, sharing youtube video) my download speeds are greatly affected as well. On an internet forum, I have established that users in Delhi with the same V-Fiber service are getting uploads speeds of 20 Mb/s, so it seems strange that we in Chennai are so heavily restricted and are subject to this deceptive marketing practice. Also please note that users in India (especially Delhi) are getting good upload speeds of 20 Mb/s, whereas Chennai users are subjected to false advertising. Please see this thread for the discussion involving other users in India https://www.reddit.com/r/india/comments/5kocuf/if_youre_considering_upgrading_to_airtels_new/ I have also attached a PDF with the response from the Airtel Appellate authority."""

Recommendation: UPHELD

"The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek a personal hearing and submitted their written response post the due date. The CCC viewed the website advertisement and considered the Advertiser’s response. Advertiser argues that the download and upload speeds continuously vary due to various factors - Method of checking the speed and performance of the server, Speed test site, Device used for data transfer, Modem installed at customer location or media, and Wifi throughput on the modem & user device. The CCC noted that the Complainant provided evidence in the form of an email communication exchanged between him and the Advertiser, wherein the advertiser via This email address is being protected from spambots. You need JavaScript enabled to view it. states that “We do not commit any upload speed. Further, please note that if you face any issue in download speed, kindly write back to us so needful can be done”. Based on this customer service response of the advertiser, the CCC concluded that the claim related to speed of upload, "Upload files in a jiffy", is not substantiated and misleading by implication as it treats download and upload speeds at par while it is not so. The website advertisement contravened Chapters I.1 and I.4 of the Code. The complaint was UPHELD."

 

COMPANY:"Health 4 You "
PRODUCT:

COMPLAINT:

"1. Avoid Angioplasty & Bypass Surgery with Natural Bypass 2. Safest, Non- Surgical, USA- FDA Approved Treatment for Chest Pain (Angina) & Heart Failure."

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 claims (in Hindi) as translated in English, “Avoid Angioplasty & Bypass Surgery with Natural Bypass”, “Safest, Non- Surgical”, were not substantiated with supporting clinical evidence. Claim, “USA- FDA Approved Treatment for Chest Pain (Angina) & Heart Failure”, was not proven with supporting data. Also, the claims are misleading by gross exaggeration. Specific to the claims related to the treatment of Heart diseases, the advertisement is in Breach of the law as it violated The Drugs & Magic Remedies Act (item 26 under DMR schedule). The advertisement contravened Chapters I.1, I.4 and III.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Pretti Slim Clinic"
PRODUCT:

COMPLAINT:

"1. Got an Hour? Lose up to 8 cm! 2. Just 1 hour every week for a slimmer you with our U-Lipo 3. Lose up to 8 cm, every session! 4. Non surgical 5. No heavy exercises either! 6. Zero pain for you, your wallet!"

NATURE OF COMPLAINT:

"Complaint No.1 1. Do you have an hour for reducing 8 cm? - Every week 1 hour is enough for you to get slim with our U-Lipo. 2. Lose upto 8 cm* - Every Session Complaint No.2 Product: Slimming Centre Company: Prettislim Clinic105, First Floor, Samarth Vaibhav, Above ICICI Bank, Oshiwara, Lokhandwala, Andheri (W), Mumbai. Appeared: in Times of India Mumbai on 16 December 2016 Language: English Claims: Our objections: 1. The claims 1-6 made in the ad are too good to be true. They need to be substantiated with relevant independent studies and supporting material. 2. How long does it take for this treatment to show results? 3. How long will the results last? 4. The claim of weight loss of 8cms with every session is too drastic? Also how many sessions are recommended? How many kgs weight loss is achieved at the end? 5. How can weight loss be attained without diet control? This is intentionally not mentioned in the advt. 6. Are there any side effects of this treatment? 7. Is the treatment done under the supervision of a qualified doctor? 8. Can any person with any medical condition undergo this treatment? Would they require doctor’s permission or supervision? 9. What is meant by zero pain for your wallet? Is the treatment free of cost or is it that cheap? Expensive or cheap is a subjective term and cannot be generalized for everyone. 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 Action to be taken? We propose this advertisement should be immdly withdrawn."

Recommendation: UPHELD

"The advertiser representatives were given personal hearing by ASCI. Subsequently, the advertiser submitted their written response. As claim support data, the advertiser provided Client cards, dietitian register follow ups records, technical information about U-lipo, etc. The CCC viewed the advertisements (in Gujarathi and English) and considered the advertiser’s response. The CCC noted that the data presented by the advertiser is specific to their 17 clients who enrolled with them from 1st to 10th September 2016. The clients also followed diet and lifestyle counselling. This sample size considered to arrive at the claim by the advertiser is very small, not statistically significant and shows a wide variability of reduction of 3.5 cms to 9.5 cms as a combined measurement of three different measurements sites as per entries made in their individual records. The CCC noted that the findings are client specific and the results can neither be considered robust, reliable nor reproducible to make a generic claim given that this was not a controlled clinical study having a specific age / weight / gender specific criteria. In the absence of any published, peer reviewed clinical study report for the lipolysis treatment, the CCC concluded that the claims, “Got an Hour? Lose up to 8 cm!”, “Just 1 hour every week for a slimmer you with our U-Lipo”, “Lose up to 8 cm, every session!”, were inadequately substantiated, and are misleading by gross exaggeration. With reference to the visual showing an image of an obese person, the advertisement is misleading by implication that the treatment would solve the problem of obesity by progressively reducing 8 cm per session. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. This complaint was UPHELD. The claims, “non surgical”, “No heavy exercises either”, “Zero pain, for your wallet”, were not considered to be objectionable. This complaint was NOT UPHELD."

 

COMPANY:"Cadd Centre India Private Ltd"
PRODUCT:"Cadd Centre-Ce"

COMPLAINT:

"1. First Time Ever In India! 1000 Jobs In 100 Days For Cadd Quest Participants 2. Job Guarantee For 1000 Students"

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objections raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date for this complaint. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claims, “First Time Ever In India! 1000 Jobs In 100 Days For Cadd Quest Participants”, and “Job Guarantee For 1000 Students”, were not substantiated with verifiable support data such as detailed list of students who have been placed through their Institute, contact details of students for independent verification, enrolment forms and appointment letters received by the students, nor any independent audit or verification certificate. The claims are likely to mislead the students that the institute is providing permanent jobs. The advertisement contravened Guidelines for Advertising of Educational Institutions and Programs as well as Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Amphee Web Tech Pvt. Ltd."
PRODUCT:"Amphee Web Development"

COMPLAINT:

“100% Job Guarantee”

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objection raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date for this complaint. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claim, “100% Job Guarantee”, was not substantiated with authentic supporting data such as detailed list of students who have been placed through their Institute, their enrolment forms and appointment letters received by the students, nor any independent audit or verification certificate. The claim is misleading by exaggeration. The advertisement contravened Guidelines for Advertising of Educational Institutions and Programs as well as Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Indian Institute of Teachers Training"
PRODUCT:

COMPLAINT:

“100% Jobs.”

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objection raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date for this complaint. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claim, “100% Jobs”, was not substantiated with authentic supporting data such as detailed list of students who have been placed through their Institute, contact details of students for verification, enrolment forms and appointment letters received by the students. Also, the 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:"Vedang Yoga and Shodh Sansthan"
PRODUCT:

COMPLAINT:

“100% Placement in Yoga”

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objection raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date for this complaint. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claim, “100% Placement in Yoga”, was not substantiated with verifiable support data, and is misleading by exaggeration. The advertisement contravened Guidelines for Advertising of Educational Institutions and Programs as well as Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"All India Education Research Academy Ltd."
PRODUCT:"All India Education Research Academy Ltd."

COMPLAINT:

“Maharashtra's Biggest No.1 Pre Primary School”

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objection raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date for this complaint. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claim, “Maharashtra's Biggest No.1 Pre Primary School”, was not substantiated with any comparative data versus other similar institutes in the same category or any third party validation or research to prove this claim. Also, the claim is misleading by exaggeration. The advertisement contravened Guidelines for Advertising of Educational Institutions and Programs as well as Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Fit N Slim Weightloss & Slimming Center"
PRODUCT:

COMPLAINT:

"1. Reduce Weight 2. 2-3 Inch in One sitting. 3. Reduce 5-7 Kg in month."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the concerned Media (Divya Bhaskar) 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. Advertiser did not provide details of treatment procedure for weight reduction. In the absence of response from the concerned media and comments from the advertiser, the CCC concluded that the claims (in Gujarathi) as translated in English, “Reduce Weight”, “2-3 Inch in One sitting”, and “Reduce 5-7 Kg in month”, were not substantiated with treatment efficacy data. The claims in the advertisement imply a significant inch and weight loss which are grossly misleading. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Angels Advanced Clinic"
PRODUCT:

COMPLAINT:

"1. Hair can regrow with stem cell therapy. 2. Say good bye to overweight & belly fat and get slim figure with body former, cellulite therapy and protein therapy"

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objections raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date for this complaint. The CCC viewed the print advertisement. Advertiser did not provide any scientific or clinical evidence to prove the treatment modality in support of their claims. In the absence of comments from the advertiser, the CCC concluded that the claims, “Hair can regrow with stem cell therapy”, and “Say good bye to overweight & belly fat and get slim figure with body former, cellulite therapy and protein therapy”, were not substantiated with supporting evidence, and are misleading by gross exaggeration. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Oplus Hospital"
PRODUCT:

COMPLAINT:

"1. Natural bypass without operation for heart patients. 2. No surgery"

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objections raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date for this complaint. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claims, “Natural bypass without operation for heart patients”, and “No surgery”, were not substantiated with supporting clinical evidence, and are misleading by exaggeration. Also, specific to the claims implying treatment for Heart diseases, the advertisement is in Breach of the law as it violated The Drugs & Magic Remedies Act (item 26 under DMR schedule). The advertisement contravened Chapters I.1, I.4 and III.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Dr. A’s Clinic"
PRODUCT:

COMPLAINT:

“World's #1 Hair Restoration 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 representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date for this complaint. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claim, “World's #1 Hair Restoration Centre”, was not substantiated with any comparative data versus other similar clinics / institutes in the same category or any third party validation or research to prove this claim. Also, the claim is misleading by exaggeration. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Shrinivas (Gujarat) Laboratories Pvt. Ltd."
PRODUCT:"Shrinivas Baby Massage Oil"

COMPLAINT:

“Oil reaches the bones and muscles.”

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objection raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date for this complaint. The CCC viewed the TVC. In the absence of comments from the Advertiser, the CCC concluded that the claim, “Oil reaches the bones and muscles”, was not substantiated with evidence of product penetration into the body as claimed, and is misleading by exaggeration. The TVC contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"One MobiKwik Systems Private Limited-"
PRODUCT:"Mobikwik E-wallet"

COMPLAINT:

“Your money is safe with India’s most secure e-wallet”

NATURE OF COMPLAINT:

"Product: E wallet Appeared: In Times of India (Ahmedabad) 14 December 2016 Language: English Claims: 1. Your money is safe with India’s most secure e-wallet Our Objection: 1. How does Mobikwik claim to be India’s most secure e-wallet? 2. Does it have security features which most other e-wallets do not have? 3. The claim needs to be substantiated with independent research data. According to us, the advertisement contravenes Chapter 1.1 and 1.4 of ASCI code.Action to be taken? We propose the advertisement should be immediately withdrawn."

Recommendation: UPHELD

"The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek a personal hearing and submitted their written response. The CCC viewed the print advertisement and considered the Advertiser’s response. Advertiser states that to prevent unauthorised access or disclosure of information they have physical, electronic and managerial procedures in place to keep information safe. Once a User is logged into their MobiKwik account, all internet communication is secured using Transport Layer Security (TLS) technology and the connection is encrypted and authenticated using AES 128bit encryption key and uses Elliptic Curve Diffie-hellman key exchange (ECDHE) RSA as a key exchange mechanism. The CCC noted that the advertiser has made several assertions about safety features of their product however have not provided any comparative data versus other similar e-wallets / services / apps or any third party validation or research to prove this claim. In the absence of this comparative claim support data, the CCC concluded that the claim, “India’s most secure e-wallet”, was not substantiated. Also, the claim is misleading by exaggeration. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Advanced Beauty & Cosmetic Clinic"
PRODUCT:

COMPLAINT:

"1. Tailor made body with advanced Cryolipolysis cool body sculpting 2. Non-surgical fat reduction treatment 3. Cool body sculpting revolutionary body contouring treatment that freezes and naturally eliminates fat from your body. 4. There are No needles, No special diets, No exercise programs and best of all- No downtime 5. Developed by Harvard scientists to eliminate fat, Cool body sculpting is FDA cleared, safe and clinically proven"

NATURE OF COMPLAINT:

"Our objections: 1. The claims 1-9 made in the ad are too good to be true. They need to be substantiated with relevant independent studies and supporting material. 2. How long does it take for this treatment to show results? 3. How long will the results last? 4. Are there any side effects of this treatment? 5. Is the treatment done under the supervision of a qualified doctor? 6. Can any person with any medical condition undergo this treatment? Would they require doctor’s permission or supervision? 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. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date for this complaint. The CCC viewed the advertisement. Advertiser did not provide details of treatment procedure for fat reduction. In the absence of comments from the Advertiser, the CCC concluded that the claims, “Tailor made body with advanced Cryolipolysis cool body sculpting”, “Non-surgical fat reduction treatment”, “Cool body sculpting revolutionary body contouring treatment that freezes and naturally eliminates fat from your body”, “There are No needles, No special diets, No exercise programs and best of all- No downtime”, and “Developed by Harvard scientists to eliminate fat, Cool body sculpting is FDA cleared, safe and clinically proven”, were not substantiated with clinical evidence of treatment efficacy, and are misleading. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Diabliss Consumer Products Pvt Ltd"
PRODUCT:"Diabliss Consumer Products Pvt Ltd"

COMPLAINT:

"1) This is not ordinary sugar. Introducing Diabliss, the sugar filled with herbal concentration which can reduce the glycemic levels. 2) Diabliss obtained after 10 years of research contains enormous benefits."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek a personal hearing and submitted their written response. Advertiser states that their product has been tested and verified to have a low Glycemic Index value of 45, as compared to normal table sugar which has a GI value of 65. The product is derived by mixing regular refined cane sugar with an odourless, tasteless and colourless aqueous herbal extract obtained from Fenugreek, Cinnamon, Black Pepper, Ginger, Gooseberry, Pomegranate and Turmeric. As claim support data, the advertiser provided FSSAI license, SGS Lab analysis of Normal Cane Sugar and Diabliss Sugar, Food Hygiene and Health Laboratory for Low GI certificate, etc. The claim support data was reviewed by the technical expert of ASCI. The CCC viewed the print advertisement and considered the Advertiser’s response as well as the opinion of the Technical expert presented at the meeting. The CCC noted that the data provided by the advertiser to support the low G. I. value of Diabliss shows high standard deviation. No Anova (analysis of variance) has been applied to this data so it is not known whether the difference in blood glucose observed between dextrose and Diabliss is significant or not. Even though the product may have have a low GI value, the CCC also observed that the advertised product is an ingredient and not consumed alone. The preparation and combination with other foods can alter its Glycemic index. The type and proportion of sugar or starch in a food affects glycemic index, so do a lot of other factors in the meal—the way the food has been cooked, the presence of fiber, protein, fat, alcohol or acid will all affect the glucose response. Exercising and activity around a meal will affect it, too. Hence the evidence of glycemic index centered ingredient’s helpfulness by itself alone is weak. The product name Diabliss herbal cane sugar and claim “…can reduce the glycemic level” implies that the product controls sugar which is likely to mislead the consumers that the product is beneficial for Diabetics. The Advertiser did not provide data to show the effect on adding this herbal sugar to a food preparation and the enormous benefits offered by it other than low G. I. value. The CCC concluded that the claims, “Introducing Diabliss, the sugar filled with herbal concentration which can reduce the glycemic levels”, and “Diabliss obtained after 10 years of research contains enormous benefits”, were inadequately substantiated and are misleading by exaggeration. The advertisement contravened Chapters I.1 and I.4 of the Code. The complaint was UPHELD."

 

COMPANY:"Mead Johnson"
PRODUCT:"Enfagrow A+"

COMPLAINT:

"1) Give your child the best start in life. 2) Enfagrow A+ as the Worlds No. 1 childrens nutrition brand. 3) Enfagrow A+ has Triple Health Guard and describes respiratory health and resistance to other common infections. 4) Enfagrow A+ has the highest DHA."

NATURE OF COMPLAINT:

"“My objection are as follows: 1) The AD says Give your child the best start in life. Moms across India share positive changes in their child after switching to Enfagrow A+ and give views expressed by two mothers, one from Kolkata and other from Chennai. But in disclaimer in small letters it says The views expressed are by real consumers of Enfagrow A+ based on their experience. All views may not necessarily supported by Mead Johnson. Individual experience may vary. Company offers a free sample of Enfagrow A+ on giving a missed call on 8080944949 but has terms and conditions applicable and sample delivery at the discretion of Mead Johnson Nutrition. This is indicative of supported views from users and they are not reliable. 2) Company calls their product Enfagrow A+ as the Worlds No. 1 childrens nutrition brand, based partly on data reported by Nielson. Any such reference can be compromising unless the whole study is the basis of comparison. 3) Company says Enfagrow A+ has Triple Health Guard and describes respiratory health and resistance to other common infections. What does Triple Health Guard mean? 4) Company says Enfagrow A+ has the highest DHA with what products does it compare and say highest? There is no comparison with any other product! Probably this is based on the Nielsen Beverage Panel Retail Audit data May MAT 2015 where comparison has been made with leading children nutrition brands with market share 0.5% by volume basis. This is selective comparison and cannot be accepted as reliable. 5) Ad is published as an Advertorial which means the publisher endorses the product information. This needs confirmation. Kindly look into the above objections, call for the companys reply and then decide on my complaint.Kindly keep me informed.”"

Recommendation: UPHELD

"The advertiser was granted an extension of five days to the standard lead time of seven days to submit their reply in response to their request for an extension. The advertiser representatives were also given personal hearing by ASCI, at which time they submitted their written response. As claim support data, the advertiser provided endorsements received from the users of the product, copy of Neilsen letter for market share of the product for 2015, scientific substantiation of Triple Health Guard. The claim support data was reviewed by the technical expert of ASCI. The CCC viewed the Ad - advertorial and considered the Advertiser’s response as well as the opinion of Technical expert presented at the meeting. The CCC concluded that – The testimonials by consumers regarding efficacy of the product such as the product improving the brain activity of kids and their performance in schools, can not be considered as a valid, authentic scientific support data. The claim, “Give your child the best start in life” accompanied by the consumer testimonials describing effect of the product, was not substantiated with any clinical evidence of the effect of the product on brain development and is misleading by implication. The disclaimer “The views expressed are by real consumers of Enfagrow A+ based on their experience. All views expressed may not be necessarily supported by Mean Johnson” was in violation of Clause 1 and 2 of the ASCI guidelines on Disclaimers. While Triple Health Guard is a coined word being used by the Advertiser to indicate the benefit of the product with respect to respiratory health, Gut health and resistance to other common infections, the Advertiser did not provide any product specific data as to how these benefits are being delivered by the advertised product. The claim, “Enfagrow A+ has Triple Health Guard which supports child’s respiratory health and provides resistance to other common infections”, was inadequately substantiated, and is misleading by ambiguity. In support of the claim “the highest DHA”, the Advertiser provided the levels of DHA per 100 ml in leading children nutrition brands analysed by an independent NABL certified lab. However, the CCC noted that the serving size in gms for the products being compared as well as their suggested reconstitution volume were not standardized. The claim did not hold true for the DHA content on the per serving basis nor on per 100 gm basis as compared to a competitor product. The CCC concluded that the claim, “Enfagrow A+ has the highest DHA”, is false and misleading by ambiguity and implication. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code as well as ASCI Guidelines on Disclaimers. This complaint was UPHELD. Advertiser provided market share calculation of the product reported by Neilsen for Children’s Nutrition Milk formula category across retail channels in 28 countries for the 12 months ending June 2015. The claim, “Worlds No. 1 childrens’ nutrition brand”, was substantiated. This complaint was NOT UPHELD."

 

COMPANY:"Dalmia Continental P. Ltd"
PRODUCT:"Hudson Canola Oil"

COMPLAINT:

"1. The Omega-3 Cooking Oil 2. When traditional Indian festival food is made in the world’s new heart and diabetes care oil, there is even more reason to celebrate. 3. Make your Diwali flavourful and healthy with the oil India is talking about"

NATURE OF COMPLAINT:

"“1. Claims 1 needs to be substantiated by independent research data. Does this Oil contain enough Omega-3 to justify being called The Omega 3 Oil?? Requires substantiation and certification from competent independent authority. 2. How is different from other commonly used edible oils to be differentiated from them and specially called The Omega 3 Oil? Please explain. The claim is misleading by implication. 3. The claims new heart and diabetes care oil? Needs substantiation by independent research data. 4. What is meant by Worlds new oil? How is canola oil being called new? Please explain. 5. What is meant heart and diabetes care oil? Claim needs to be substantiated and certified by independent competent authority. The claim is misleading as it implies that consumption of Hudson Canola Oil can take care of the heart and help in diabetes. In a country with high incidence of diabetes, making such claims is dangerous and misleads consumers into depending upon cooking oil for controlling diabetes. 6. Claim 3 This statement is misleading. It misleads consumers into thinking that this oil is healthy, and consuming it during Diwali ( a festival which is associated with lot of sweets and fried foods and snacks) is healthy i.e. they do not have to worry about the adverse side effects of high oil consumption. The advertisement contravenes Chapter 1.1, 1.4 and 1.5 of ASCI Code. Action to be taken? We propose this advertisement should immediately be withdrawn.”"

Recommendation: UPHELD

"The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek a personal hearing and submitted their written response. As claim support data, the advertiser submitted published articles and research papers to highlight the properties of canola oil to differentiate it from other commonly available oils in India. The claim support data was reviewed by the technical expert of ASCI. The CCC viewed the print advertisement and considered the Advertiser’s response as well as the opinion of the Technical expert presented at the meeting. The CCC observed that - The Advertiser is using the term “Omega 3 Cooking oil” terminology to indicate that Canola oil has 11% Omega 3 which is more than other commonly used edible oils. This complaint was NOT UPHELD. As supporting data for claim “World’s New heart and diabetes care oil”, the advertiser has submitted data for a clinical study conducted in India using Hudson canola oil titled –Effects of Canola Oil on serum lipid levels of dyslipidemic patients. However, the baseline characteristics of patients chosen for this study was just 35 with no control group. Also, the data has reference to only Type II diabetes referred as NIDDM. This data was not considered to be robust enough to conclusive claim its benefits. Annexure 6 attached as supporting document is concluding that diet rich in MUFA has beneficial effects on BP and Glucose metabolism with no adverse effects on NIDDM. The research design and study conducted was with just 15 NIDDM subjects which is not statistically significant to arrive at a definite recommendation. The studies quoted in Annexure 7 and 10 were done on Canadian subjects of Type II Diabetes and in Costa Rica respectively and this data was not considered to be extrapolable to Indian population given the difference in the eating habits mentioned in the study. Other references were generic to oils with high MUFA content and not linked directly to Canola oil. Also, Canola oil is not new to world any more. In view of these observations, the CCC concluded that the claim “World’s new heart and diabetes care oil” was not adequately substantiated and is misleading by ambiguity. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. This complaint was UPHELD. The CCC did not consider the statement “Make your Diwali Colourful and healthy with the Oil India is talking about” to be objectionable as a stand alone statement given the positive aspects for the Canola oil. However, in the context of the other claims in the advertisement, this claim is misleading by implication. The advertisement contravened Chapter I.4 of the ASCI Code. This complaint was UPHELD."

 

COMPANY:"Emami Limited"
PRODUCT:"Zandu Honey"

COMPLAINT:

"“The Ad is about purity of Zandu honey and it sugar content. They say every batch of Zandu honey is tasted for sugar content in German lab. Now which German lab? Is every batch is sent to Germany? Or German lab are available in India?”"

NATURE OF COMPLAINT:

 

Recommendation: NOT UPHELD

"The CCC viewed the TVC and considered the Advertiser’s response. Advertiser states that a sample from each batch of their product is tested in Intertek Food Services (Bremen, Germany). Consumers using the product can also check the summary of the report for such batch purchased by them by visiting www.zandupurehoney.com, and clicking on the purity test link, they can get the detailed report on request. As claim support data, the advertiser provided laboratory accreditation certificate, and test analysis reports of the last three batches of Zandu Pure Honey. The CCC reviewed the data and concluded that the claim, “Iska har batch German lab mein added sugar ke liye test hota hain”, was substantiated. The complaint was NOT UPHELD."

 

COMPANY:"Positive Homeopathy"
PRODUCT:"Anti Allergy Clinic"

COMPLAINT:

"1. 100% cure is our priority. 2. Freedom from the problems of sinusitis. 3. This disease can be cured with exercise, proper nutrition and the usage of medicine in a desired way as described by the experienced doctors without any side effects."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objections raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date for this complaint. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claims implying cure from sinusitis i.e., “100% cure is our priority”, “Freedom from the problems of sinusitis”, “This disease can be cured with exercise, proper nutrition and the usage of medicine in a desired way as described by the experienced doctors without any side effects”, were not substantiated with supporting clinical evidence, and are misleading by exaggeration. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Vee Care Marketing World Pvt Ltd"
PRODUCT:"Vee Care Ayurveda"

COMPLAINT:

"1. Reduce weight while eating and drinking Or else get money back 2. By using VEE Care's Ayurvedic Medicine for only 90 days and you yourself will see that you have reduced weight from 5 to 32 kg. Without any side effect."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objections raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date for this complaint. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claims, “Reduce weight while eating and drinking”, “By using VEE Care's Ayurvedic Medicine for only 90 days and you yourself will see that you have reduced weight from 5 to 32 kg. Without any side effect”, were not substantiated with supporting clinical evidence, and are misleading. The claim, “Or else get money back”, was not substantiated with supporting evidence of the customers who were refunded with the money back, and is misleading. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Orion Labs"
PRODUCT:"Dream Hair Oil"

COMPLAINT:

"1. Our Guarantee, Your benefit. 2. New hair will grow 3. Stop hairfall. 4. Makes hair black naturally"

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objections raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date for this complaint. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claims, “Our Guarantee, Your benefit”, “New hair will grow”, “Stop hairfall”, and “Makes hair black naturally”, were not substantiated with product efficacy data, and are misleading. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Dr Batra’s Homeopathy Family Clinic"
PRODUCT:

COMPLAINT:

“Awarded Best Clinic 2015 - Socrates Committee, Oxford.”

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objection raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date for this complaint. The CCC viewed the print advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claim, “Awarded Best Clinic 2015 - Socrates Committee, Oxford”, was not substantiated with details, references of the award received. The claim is also misleading. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Kudos Laboratories India Limited Kudos V-1 Range of Products"
PRODUCT:"Kudos V-1 Tablet and Jointment"

COMPLAINT:

"1. Kudos V-1 tablet and Kudos V-1 Jointment is one very good medicine for joints that it is been appreciated by Honorable Aayush state minister Shree Shreepad Yeso Naik and Respected Agriculture and Welfare Department, State minister of Panchayati State Shree Purushottam Rupala. 2. Use by lakhs, got riddance from pain. The testimonials imply permanent cure and appears to be misleading"

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objections raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date for this complaint. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claims, “Kudos V-1 tablet and Kudos V-1 Jointment is one very good medicine for joints that it is been appreciated by Honorable Aayush state minister Shree Shreepad Yeso Naik and Respected Agriculture and Welfare Department, State minister of Panchayati State Shree Purushottam Rupala”, and “Use by lakhs, got riddance from pain”, were not substantiated with supporting evidence, and are misleading by implication. The testimonials in the advertisement implying permanent cure appear to be misleading by gross exaggeration. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Rex (U& A) Remedies Pvt Ltd"
PRODUCT:"Rex’s Dimaghi the complete Brain Tonic"

COMPLAINT:

"“1. Complete brain tonic 2. Made out of 12 herbs like Amla, dates, almonds 3. Arouses and enhances the power and the capacity of brain. 4. Ideal for those who do mental work and physical labour, for instance, teachers, students, lawyers, engineers, doctors, accountants, intellectuals and sport persons. 5. Very useful and unique tonic for brain as it is a compound of the natural herbs recommended after modern research. Regular use of Rex's Dimaghi is very useful in the following conditions: 6. Tiredness and laziness after mental and physical work 7. Weakening of retentive power of memory and lack of concentration 8. For refreshing and soothing heart and brain 9. For maintaining physical fitness 10. For revitalising heart, brain and nerves 11. For relieving headache, sleeplessness palpitation of heart as also for improving eyesight 12. For removing bad breath and Promoting digestion”"

NATURE OF COMPLAINT:

"“Product: Ayurvedic tonic Company: Rex (U&A) Remedies Pvt. Ltd., A-51/1 G.T. Karnal Road, Industrial Area Delhi 110033 India Appeared: on Zindagi TV on 9 October 2016 and on the website http://www.rexremedies.com/rex-dimaghi.html Language: Hindi and English Our objections: 1. How does Rex’s Dimaghi claim to be‘complete brain tonic’? Is there data from independent studies to prove this claim? 2. Are the mentioned herbs present in enough proportion to give the claimed results? 3. What are the side effects of consuming this tonic? 4. Can anyone with any physical condition consume this without consulting the doctor? 5. Claims 1-12 should be substantiated with independent research data. Informatively, In ASCI’s press release “ASCI CCC Recommendations: August 2016?, TVC of Rex’s Dimaghi was considered misleading. ASCI said that the claim was not substantiated with evidence of product efficacy, and is misleading by exaggeration Action Required: Considering that the advt still continues, we request you to kindly take this complaint on urgent basis and ask the advertiser to withdraw the ad as well as modify the content on the website. Action to be taken? Advertisement should be withdrawn or modified.”"

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the grievances of the complainant. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date for this complaint, despite ASCI reminder. The CCC viewed the TVC and the website advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claims, “Complete brain tonic”, “Made out of 12 herbs like Amla, dates, almonds”, “Arouses and enhances the power and the capacity of brain”, “Ideal for those who do mental work and physical labour, for instance, teachers, students, lawyers, engineers, doctors, accountants, intellectuals and sport persons”, “Very useful and unique tonic for brain as it is a compound of the natural herbs recommended after modern research”, “Regular use of & Rex's Dimaghi is very useful in the following conditions: Tiredness and laziness after mental and physical work, - Weakening of retentive power of memory and lack of concentration, - For refreshing and soothing heart and brain, - For maintaining physical fitness, For revitalising heart, brain and nerves, - For relieving headache, sleeplessness palpitation of heart as also for improving eyesight, For removing bad breath and Promoting digestion”, were not substantiated with evidence of product efficacy, and are misleading by exaggeration. The TVC and the website advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Dr.Sanjeev Bhardwaj (Dr. Sanjeev Cancer and liver clinic)"
PRODUCT:

COMPLAINT:

"1. a chemotherapy and radiation free treatment for successful treatment of cancer. 2. Have brought a rapid difference even in last stage cancer patients. 3. Cure cancer patients using ayurvedic medicines."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

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

 

COMPANY:"SBL LTD"
PRODUCT:

COMPLAINT:

"1. Defeat diabetes naturally. 2. Controls insulin levels in body."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"Diabetes- Item No- 9 – DMR Act Item No-14 – Schedule J"

 

COMPANY:"Arogyam Panchkarma"
PRODUCT:"Obesity Killer Kit"

COMPLAINT:

"1. Obesity Killer kit ‐ Reduce 5 ‐ 10 kilo weight in only 15 days 2. We can reduce from 5 to 55 kilo without any side effect."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

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

 

COMPANY:"Dindayal Industries Limited"
PRODUCT:"303 Capsule"

COMPLAINT:

"1. Today or Tomorrow, enjoy every moment 2. For Men Only 3. Formula made of 41 powerful herbs for full Vigour and strength"

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

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

 

COMPANY:"Dindayal Industries Limited"
PRODUCT:"303 Gold Power Oil"

COMPLAINT:

"1. Strength, Vigour, Stamina. 2. 303 Gold Power Oil is made by Olive oil through Ayurvedic Golden flutter method, especially beneficial for extenuation of nerves 3. For Men Only 4. The visual in the ad, read in conjunction with the claims objected to implies that the product is meant for enhancement of sexual pleasure"

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"1. Strength, Vigour, Stamina. 2. 303 Gold Power Oil is made by Olive oil through Ayurvedic Golden flutter method, especially beneficial for extenuation of nerves 3. For Men Only 4. The visual in the ad, read in conjunction with the claims objected to implies that the product is meant for enhancement of sexual pleasure"

 

COMPANY:"Dindayal Industries Limited"
PRODUCT:"303 Capsule"

COMPLAINT:

"1. Be a King. 2. For Men Only. 3. More Powerful Advanced Formula. ‐ 303 Capsules is made from Swarna Bhasam, Kesar, Shilajit & other effective and valuable ingredients. Which brings Energy and Passion in your life. Regular usage helps in activating the idle nerves. 4. The visual in the ad, read in conjunction with the claims objected to implies that the product is meant for enhancement of sexual pleasure."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"1. Be a King. 2. For Men Only. 3. More Powerful Advanced Formula. ‐ 303 Capsules is made from Swarna Bhasam, Kesar, Shilajit & other effective and valuable ingredients. Which brings Energy and Passion in your life. Regular usage helps in activating the idle nerves. 4. The visual in the ad, read in conjunction with the claims objected to implies that the product is meant for enhancement of sexual pleasure."

 

COMPANY:"Nurture Healthcare"
PRODUCT:"Ayurex‐NDX"

COMPLAINT:

"1. This would not be the condition if Ayurex NDX Capsules were taken. 2. Immediate Stamina 3.Amazing Powerful Ayurvedic Medicine 4. one capsule one hour before. 5. The visual in the ad, read in conjunction with the claims objected to implies that the product is meant for enhancement of sexual pleasure."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

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

 

COMPANY:"Olivet Pharma Pvt. Ltd."
PRODUCT:"Ayusya Ayurvedic Superspeciality Treatment Centre"

COMPLAINT:

"1.Over 3 LACS Satisfied Patients 2.Get relief from: ‐ Leucoderma ‐ Diabetes ‐ Sexual Problem ‐ Infertility and other diseases"

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"1.Over 3 LACS Satisfied Patients 2.Get relief from: ‐ Leucoderma ‐ Diabetes ‐ Sexual Problem ‐ Infertility and other diseases"

 

COMPANY:"Bajrangi Nirogdham Aushadhalay"
PRODUCT:

COMPLAINT:

"1. Get rid of sex related problems 2. Premature ejaculation, Masculine weakness, Piles , Decrease in sexual activity, Low sperm count, Impotence, Nightfall, Meet for reducing obesity and stomach"

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"Premature Ejaculation, Impotence - Item No- Item no- 47- Schedule J Maintenance or improvement of the capacity of the human being for sexual pleasure - Item no. 36 – Schedule J Piles- Item No.- 42 -Schedule J Obesity- Item no- 39 Schedule J Item No- 38-DMR Act"

 

COMPANY:"BNDD Herbals"
PRODUCT:"BNDD Rudra Shakti Malt"

COMPLAINT:

"1. For full vigour and strength 2. Beneficial in Energy, power, pep, Sexual debility etc"

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

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

 

COMPANY:"Chaturbhuj Pharmaceutical Company"
PRODUCT:"Japani Capsule Range‐ Japani M and F)"

COMPLAINT:

"1. Both Men and women are unable to experience satisfaction in their married life. 2. The visual on the packaging, read in conjunction with the claim objected to implies that the product is meant for enhancement of sexual pleasure."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

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

 

COMPANY:"Jeevan Jyoti Health Clinic"
PRODUCT:

COMPLAINT:

"1. Get rid of sexually transmitted diseases, Impotence, Nightfall, Premature Ejaculation, Decrease in sexual activity, Semen disorder, Low sperm count 2. Disappointed childless couples must meet once for getting child"

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

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

 

COMPANY:"Khodiyar Ayurvedic"
PRODUCT:

COMPLAINT:

"Remove Haemorrhoids ‐ Warts ‐ Fistula ‐ Fisher from the roots through Ayurvedic medicine without operation with money back guarantee."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"Fistula-Item No- 42 – Schedule J"

 

COMPANY:"Navchetana Kendra"
PRODUCT:"Navchetana Kendra"

COMPLAINT:

"It not just treats mental disorder/ailments but also takes care of your mind and nerve system its keeping you active and fresh it active and fresh! So if you want to say good bye to stress, over thinking, depression and negativity from your mind and want to have a healthy mental state ‐ 'Recall Capsule' will be helpful & useful to get rid of those problems"

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"Diseases and Disorders of the brain-Item No- 10 – DMR Act"

 

COMPANY:"Navchetana Kendra"
PRODUCT:"Navchetana Kendra Products‐ Debisulin"

COMPLAINT:

"Navchetana Kendra Designed a formulation Debisulin for your diabetes problems"

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"Diabetes-Item No- 9 – DMR Act Item No-14 – Schedule J"

 

COMPANY:"Om Sai Ayurveda India Limited"
PRODUCT:

COMPLAINT:

"1. Try ayurveda & increase height or get your money back 2. This treatment helps in increasing height. 3. The visual in the ad is misleading"

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"1. Try ayurveda & increase height or get your money back 2. This treatment helps in increasing height. 3. The visual in the ad is misleading"

 

COMPANY:"Shree Hari Clinic"
PRODUCT:

COMPLAINT:

"1. Get healthy without operation! 2. Stones, Piles, tumor, heart diseases. Sure treatment in ayurved 3. Treatment of Male‐female sterility, Irregular menstruation, polycystic ovary, weak uterus & blocked tubes without operation ‐ Sure treatment in Ayurveda"

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"Stones in kidney, gall bladder- Item no. – 22- DMR Act Item no. – 50 – Schedule J Piles and Fistulae- Item No- 42- Schedule J Tumors- Item No- 51- DMR Acr Sterility in women- Item No- 48- DMR Act Diseases and Disorder of the Uterus- Item No- 15- Schedule J Female Diseases (in general) Item No- 18- DMR Act"

 

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

COMPLAINT:

"1. Manage varicose veins naturally, without stockings and surgery. 2. Presenting a revolutionary breakthrough in the treatment of varicose veins, VARCO ‐ a natural topical all that is pharmacologically and toxicologically evaluated and takes care of the disease right from the roots, So, forget surgery, manage varicose veins naturally"

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

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

 

COMPANY:"Vedamrut Ayurvedic Health Education Trust and Research Centre"
PRODUCT:

COMPLAINT:

"Successful treatment method on Piles, Fisher and Fistula"

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"Successful treatment method on Piles, Fisher and Fistula"

 

COMPANY:"Olefia Biopharma Limited"
PRODUCT:"Votif Range of Products‐ Votif Powder and Syrup"

COMPLAINT:

"1. For every problems related to sex 2. Useful For every age group 3. Lack of sex desire or no willingness ‐ Thin or low semen. ‐ Premature Ejaculation and Wet dreams. ‐ Low or weak sperm ‐ Not able to complete the process of fertility. ‐ Swelling of nerves and not getting strength. ‐ Incomplete development of Organ. ‐ Lack of erectness. ‐ Loose organ in old age. 4. Ordinary people can also consume and make their body healthy and married life more enjoyable."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

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

 

COMPANY:"Syneron Candela"
PRODUCT:"CO2RE Intima"

COMPLAINT:

"Ad of CO2RE Intima for Vaginal Tightening 1. 1st Time in India, US FDA Approved simple, Non-Surgical Laser for Vaginal Tightening. 2. Enjoy life like you used to. More confidence, comfort, enjoyment. 3. Ad also shows a photo of a man and woman in tight embrace with smile on the face. 4. Restores Vaginal tone, flexibility and shape."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"Female Diseases in General-Item 18- DMR Act"

 

COMPANY:"DANONE NUTRICIA INDIA"
PRODUCT:"Protinex"

COMPLAINT:

"Fast track complaint received against the T.V. Commercial (appeared on eTV and NTV in Andhra Pradesh on 22/12/2016), and Ad – hoarding (in Bangalore, Kolkata and Hyderabad) of “Nutricia Danone India – Protinex”, from M/s. Abbott Healthcare P. Ltd. As per the complaint, “The Advertisement of Protinex makes a headline in bold letters “WHY BE UNSURE”. It then depicts a comparative visual of an exact replica of Abbott’s ENSURE pack along with Protinex Fruit Mix pack and states: “50% lower protein”, “11 times more fat” above the Ensure pack along with Protinex Fruit Mix pack with “High protein, Low fat” above it. The Ad denigrates Abbott Nutrition’s product ENSURE by using derogatory and negative word “UNSURE” in context of our brand ENSURE- putting it in bad light. ENSURE is a global adult nutrition brand sold in more than 90 countries and trusted by millions of customers and leading adult nutrition brand recommended by Doctors worldwide. Hence, use word “UNSURE” against our reputed brand ENSURE is absolutely denigrating; The words “50% lower protein” also refers to our products in negative light and “11 times more fat” too implies that our product is inferior and harmful; Protinex’s Ad under reference is misleading the consumers with incorrect and dishonest comparison as explained below: The dictionary meaning of term “unsure” is distrustful, suspicious, mistrustful, skeptical. Use of this derogatory word in context of our brand ENSURE which is worldwide recommended by Doctors and depicting ENSURE in bad light is denigrating, disparaging and defamatory without any ambiguity. The two claims made by the ad viz. “50% less protein” and “11 times more fat” in context of ENSURE besides being denigrating and disparaging, are also incorrect and misleading to consumers due to dishonest and factually incorrect comparison. By choosing to compare 100gm powder of ENSURE Vanilla with 100gm powder of Protinex Fruit Mix which is neither the serving size for either product nor the complete serving instruction on the label, the advertiser chooses a subject matter of comparison in a way as to confer an artificial advantage upon the advertiser or so as to suggest that a better bargain is offered than is truly the case.”"

NATURE OF COMPLAINT:

 

Recommendation: NOT UPHELD

"The Complainant as well as the Advertiser’s representatives were given a personal hearing with the Technical expert and the Chief Administrative Officer to present their case. The details of the complaint and the advertiser’s response was taken into consideration. The FTCC viewed the Ad – Hoarding, TVC and noted the Advertiser’s response. The word “UNSURE” is a commonly used English word and there is nothing disparaging in the use of this word in the advertisement in comparison to the other product. This complaint was NOT UPHELD. The claims, “50% less protein” and “11 times more fat” are factual in nature as per label claims of both the products as approved by FSSAI and therefore not considered to be misleading or disparaging. The Ad – Hoarding and TVC does not contravene the ASCI Code IV.1 and its sub clauses. This complaint was NOT UPHELD."

 
 

 

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