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Advertising with a Conscience

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ASCI Recommendations
 

COMPANY:"Patanjali Ayurved Ltd"
PRODUCT: "Patanjali Dant Kanti"

COMPLAINT:

"Ad is about Dant Kanti Advance Dental Cream. Ad Begins With Trolling & Demeaning ""Foreign"" Companies Who Make Tooth Pastes .......Till When Will You Let Chemicals Do Cruelty To Your Teeth? Foreign Companies Made Fun Of Our Natural Tooth Cleaning Sources Like.......! The Whole Para Is Devoted To Mudslinging Other Brands, Which Is Not Acceptable Marketing. "

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the grievances of the complainant. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claims in the Ad, “Foreign companies made fun of our natural tooth cleaning sources like Datun, Charcoal, Neem, Haldi and Salt. For years they kept playing with our dental health by selling their chemical rich toothpastes. These renowned brands are now emotionally black-mailing people with benefits of Neem, Haldi and Salt….”, were not substantiated and are misleading by exaggeration. Also, the claims unfairly denigrated the entire class/category of toothpastes. The advertisement contravened Chapters I.1, I.4 and IV.1(e) of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"LBS Institute of Management & Technology "
PRODUCT:

COMPLAINT:

“Excellent Placements in Top Companies for last 19 years.”

NATURE OF COMPLAINT:

"This claim needs to be substantiated with necessary support data"

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the grievances of the complainant. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claim in the Ad, “Excellent Placements in Top Companies for last 19 years”, was not substantiated and is misleading. The advertisement contravened Guidelines for Advertising of Educational Institutions and Programs as well as Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD. "

 

COMPANY:"Hierank Business School "
PRODUCT:

COMPLAINT:

“B-School with Record Placement between 4 Lac & 8 Lac Package”

NATURE OF COMPLAINT:

"This claim needs to be substantiated with necessary support data "

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the grievances of the complainant. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claim in the Ad, “B-School with Record Placement between 4 Lac & 8 Lac Package”, was not substantiated and is misleading. The advertisement contravened Guidelines for Advertising of Educational Institutions and Programs as well as Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD. "

 

COMPANY:"BIMT Gurgaon"
PRODUCT:

COMPLAINT:

“100% Placement Assurance”

NATURE OF COMPLAINT:

"This claim needs to be substantiated with necessary support data."

Recommendation: UPHELD

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

 

COMPANY:"ITM Business School "
PRODUCT:

COMPLAINT:

“Highest Package: Rs. 13.50 Lac”, “Average CTC: Rs. 6.80 Lac”

NATURE OF COMPLAINT:

"These claims need to be substantiated with necessary support data. "

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the grievances of the complainant. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claims in the Ad, “Highest Package: Rs. 13.50 Lac”, and “Average CTC: Rs. 6.80 Lac”, were not substantiated and are misleading. The advertisement contravened Guidelines for Advertising of Educational Institutions and Programs as well as Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD. "

 

COMPANY: "IMS Unison University "
PRODUCT: "Crash Course Batch 2016"

COMPLAINT:

“Over 90% Placement consistently in last 3 years”

NATURE OF COMPLAINT:

"This claim needs to be substantiated with necessary support data. "

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the grievances of the complainant. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claim in the Ad, “Over 90% Placement consistently in last 3 years”, was not substantiated and is misleading. The advertisement contravened Guidelines for Advertising of Educational Institutions and Programs as well as Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD. "

 

COMPANY:"Jagan Institute of Management Studies "
PRODUCT:

COMPLAINT:

“100% Placement Record”

NATURE OF COMPLAINT:

"This claim needs to be substantiated with necessary support data. "

Recommendation: UPHELD

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

 

COMPANY:"Indore Indira Group "
PRODUCT: "Indore Indira Business School"

COMPLAINT:

“200+ Recruiters, 2000+ Placements Domestic, 150+ Placements Overseas”

NATURE OF COMPLAINT:

"This claim needs to be substantiated with necessary support data "

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the grievances of the complainant. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claim in the Ad, “200+ Recruiters, 2000+ Placements Domestic, 150+ Placements Overseas”, was not substantiated and is misleading. The advertisement contravened Guidelines for Advertising of Educational Institutions and Programs as well as Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD.

 

COMPANY:"Hemachandracharya North Gujarat University "
PRODUCT:

COMPLAINT:

“100% Job Placement Assistance”

NATURE OF COMPLAINT:

"This claim needs to be substantiated with necessary support data "

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the grievances of the complainant. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claim in the Ad, “100% Job Placement Assistance”, was not substantiated. The CCC also observed that the use of “100%” numerical claim is not relevant for “placement assistance” claim. The CCC concluded that the claim is misleading by implication. The advertisement contravened Guidelines for Advertising of Educational Institutions and Programs as well as Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD. "

 

COMPANY:"International Academy of Management & Entrepreneurship "
PRODUCT:

COMPLAINT:

“100% Placement Assistance”

NATURE OF COMPLAINT:

"This claim needs to be substantiated with necessary support data "

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the grievances of the complainant. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claim in the Ad, “100% Placement Assistance”, was not substantiated. The CCC also observed that the use of “100%” numerical claim is not relevant for “placement assistance” claim. The CCC concluded that the claim is misleading by implication. The advertisement contravened Guidelines for Advertising of Educational Institutions and Programs as well as Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD. "

 

COMPANY:"Amrita University "
PRODUCT:

COMPLAINT:

“100% placement”

NATURE OF COMPLAINT:

"This claim needs to be substantiated with necessary support data "

Recommendation: UPHELD

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

 

COMPANY: "Alliance University "
PRODUCT:

COMPLAINT:

“94% Placement Offers”

NATURE OF COMPLAINT:

"This claim needs to be substantiated with necessary support data "

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the grievances of the complainant. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claim in the Ad, “94% Placement Offers”, was not substantiated and is misleading. The advertisement contravened Guidelines for Advertising of Educational Institutions and Programs as well as Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD. "

 

COMPANY:"Razorbill "
PRODUCT: "Diabwell"

COMPLAINT:

“Treat Diabetes with Ayurvedic Diabwell”

NATURE OF COMPLAINT:

"It is observed that, you are advertising products such as ""DIABWELL"", through your website http://razorbill.co.in. The advertisement about the Ayurvedic product ""DIABWELL” contravene the provision of Act as given below: Product: DIABWELL Contravening statement: Treat Diabetes Contravention Under Act: The Drugs & Magic Remedies (OA) Act, 1954 Contravening provisions of Acts: Section 3(d) read with Schedule at Sr. NO.9 and Section 4. On perusal of this advertisement, it is observed that ""DIABWELL"" treats diabetes. Above information pertaining the above-mentioned product is objectionable under the Act stated therein. The above information advertised by you, for products as mentioned above contravened various provision of the subject Act and Rules. "

Recommendation: UPHELD

"The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek a personal hearing and submitted their written response. The CCC viewed the Website advertisement and considered the Advertiser’s response. Advertiser states that they have stopped marketing Diabwell. But they did not provide specific comments with clinical evidence or proof of efficacy for the product in support of the claim. The CCC also noted that the advertiser continued to advertisement in Digital Media despite assurance to withdraw the advertisement. The CCC concluded that the claim, “Treat Diabetes with Ayurvedic Diabwell”, was not substantiated and is misleading. Also, the reference to treatment of Diabetes which is in Breach of the law as it violated The Drugs & Magic Remedies Act. The advertisement contravened Chapters I.1, I.4 and III.4 of the ASCI Code. The complaint was UPHELD. "

 

COMPANY:"Razorbill"
PRODUCT:"Razorslim"

COMPLAINT:

"It is observed that, you have published the advertisement about the Ayurvedic products namely ""RAZOR SLIM"" in your publication of Mumbai Mirror dated 27.04.2016. On perusal of this advertisement, it is observed that ""RAZOR SLIM"" is suggested for reducing for obesity, above information pertaining the above-mentioned product is objectionable under the subject Act. As the advertisement of the product ""RAZOR SLIM"" for human beings suggest that, use of the said product is for condition of TREATMENT OF OBSITY. The above information advertised by you, for ""RAZOR SLIM"" contravened the provision of Section 3(d) read with Schedule at Sr. No. 38 and Section 4 of the subject Act and Rules, punishable under Section (7) of the said Act. "

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 provided a copy of the Product approval license however, there was no data submitted to support the claim.. The CCC concluded that the claim, “Use Ayurvedic Razorslim for Effective Fat loss”, was not substantiated with clinical evidence or proof of efficacy for the product and is misleading. The visual showing the images of before and after the treatment were considered to be misleading Also, specific to the claim made as part of product testimonial stating miraculous weight loss for an over-weight (94 KG) lady of 24 kg in couple of months implying treatment for obesity, the advertisement is in Breach of the law as it violated The Drugs & Magic Remedies Act. The advertisement contravened Chapters I.1, I.4 and III.4 of the ASCI Code. The complaint was UPHELD. "

 

COMPANY:"MedsOnWay Solution Pvt Ltd "
PRODUCT:"MedsOnWay – offer of attractive discounts"

COMPLAINT:

"MedsOnWay selling Threptin biscuits online. MRP is 295 INR but their website showing it at discount rate 250.75 INR. I Have order Threptin 275gm from mobile app of MedsOnWay. When Ordered it was showing discount rate of 250.75 INR Few hours later they called me and informed that they can’t deliver the products at this rate . Their website still showing the same rate and I have complaint them but no response. Order number #8mX2851612251 Link of website-URL:http://www.medsonway.com/product.php? Id = 522473 "

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the grievances of the complainant. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date. The CCC viewed the website advertisement and noted that the website was also prominently claiming to provide discounts. In the absence of comments from the Advertiser, the CCC concluded that the website communication claiming the MRP of the product (Threptin 275 gm biscuits) as Rs.295.00, when actually printed MRP on the product is same as being offered at the discounted price of Rs.250.75 (15% off), is false, distorts facts and is misleading the consumers as to the actual discount being offered. The Website communication contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD. "

 

COMPANY:"OPTM Health Care Private Limited "
PRODUCT:"OPTM’s Phytomedicine"

COMPLAINT:

"This is the advertisement in which I found so many objectionable points. I have attached a snap of it and written my complaint. I would like to inform you that my mother-in-law was suffering from neck pain for last 5-6 years. She had undergone in so many treatments but never got much relief. So once I saw an advertisement of OPTM in Times of India that any joint related issues last destinations in OPTM, they used such language. I also went there in believe that with such heavy commitment she must get well. After undergone treatment her pain increased more. Almost Seventy Thousands rupees were gone in vain. After that I asked the doctor that does he fulfilled his commitment? By ignoring my query he sends me to their manager. He was counselling me by consoling me. Now again I saw their similar kind of advertisement also in Ananda Bazar Patrika. Where I saw so many alluring languages. Those are- 1. Incase of Knee, Shoulder and Low Back pain OPTM is the only solution. - This is hugely unethical to say. They are trying to say that all the other pathies are of no use. None of them are able to solve any problem expect OPTM? While they are actually unable to give any sort of relief. 2. Collar or Knee cap damages muscles, which leads to degeneration of Ligament and Bones. I don’t understand any logic behind it. I mean who or in which research proved that Collar or Knee Band causes damage in muscles. They are misleading thousands of Orthopaedic product users directly and also creating panic situation in their mind. 3. Phytomedicine discovered by the OPTM - I have searched in so many places and nowhere I had found any Phytomedicine discovered by OPTM. This is again a fraud statement, because as far I know it was discovered by German Plant Physicians Society. I cannot understand how they able to write those things on a regular basis inspite of having you people. 4. At the end of the first column they have used some scientifical term, which is absolutely incorrect. Moreover I think it is written to give some heavy back-up to this advertisement, and mislead the common people. 5. In couple of places it has been stated that Mr. Apurba Ganguly is a researcher and he had discovered Phytomedicine. But after talking to him I came to know that he is just a physiotherapist. How can a physiotherapist state himself as a scientist/researcher? I there kindly request you to look after this matter seriously as this organisation and commitment. So many people have been deceived like me earlier and like this they are going to mislead so many sufferers. "

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the grievances of the complainant. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claims (in Bengali) as translation in English, “The only solution for knee, shoulder and waist pain is OPTM’s phytomedicine”, “Phytomedicine discovered by the OPTM”, “Phytomedicine, developed by OPTM’s chief research officer and renowned researchers, is applied in on the skin in a special technique”, “the, phytomedicine that has been invented by OPTM, is used in specific dosage to aid the reconstruction of bones and muscles”, were not substantiated and are misleading. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD. "

 

COMPANY:"Trycone Power Pvt Ltd "
PRODUCT:"Trycone Led"

COMPLAINT:

“Trycone LED - Up to 90% Energy Saving”.

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the grievances of the complainant. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claim in the Ad, “Trycone LED - Up to 90% Energy Saving”, was not substantiated and is misleading. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD. "

 
 

COMPANY:"Nurture Health Care "
PRODUCT: "Bgainer Capsule"

COMPLAINT:

“Now it is easy to gain weight up to 10 kilos in 2 months”, “Medicine prepared by experienced ayurvedic doctors from some rare herbs”

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the grievances of the complainant. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claims in the Ad (in Hindi), as translated in English, “Now it is easy to gain weight up to 10 kilos in 2 months”, and “Medicine prepared by experienced ayurvedic doctors from some rare herbs”, were not substantiated and are misleading. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD. "

 

COMPANY:"Ayurwin Pharmaceuticals Pvt. Ltd "
PRODUCT: "Ayurwin Nutrislim+ Powder"

COMPLAINT:

"“Now keep your body Slim with Ayurwin Nutrislim+. Complete Slimming Solution to look slim & attractive”, “NUTRISLIM+ is an effective natural Ayurvedic product which has no side effects and is safe to use"""

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the grievances of the complainant. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claims in the Ad, “Now keep your body Slim with Ayurwin Nutrislim+. Complete Slimming Solution to look slim & attractive”, and “NUTRISLIM+ is an effective natural Ayurvedic product which has no side effects and is safe to use", were not substantiated and are misleading. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD. "

 

COMPANY: "Pain Clinic (Dr. Sarvesh Jain)"
PRODUCT:

COMPLAINT:

“Percutaneous Nueroplasty of Genicular Nerve of Knee (Get Permanent Relief from Knee pain)” “Discolysis & Epidural Injection ( More successful than operation,100% success rate)”

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the grievances of the complainant. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claims in the Ad (in Hindi), as translated in English, “Percutaneous Nueroplasty of Genicular Nerve of Knee (Get Permanent Relief from Knee pain)”, and “Discolysis & Epidural Injection ( More successful than operation,100% success rate)”, were not substantiated and are misleading. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD. "

 

COMPANY: "Image Infotainment Ltd "
PRODUCT:"ICAT Design & Media College"

COMPLAINT:

“Ranked as India's No. 1 Design & Media College by AC Nielsen”

NATURE OF COMPLAINT:

Recommendation: UPHELD

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

 

COMPANY: "MDS Academy"
PRODUCT:“100% Selection Guarantee*”

COMPLAINT:

NATURE OF COMPLAINT:

Recommendation: UPHELD

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

 

COMPANY: "BSC Academy "
PRODUCT:

COMPLAINT:

“No. 1 Banking Institute in India since 1993”

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the grievances of the complainant. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claim in the Ad, “No. 1 Banking Institute in India since 1993”, was not substantiated and is misleading. The advertisement contravened Guidelines for Advertising of Educational Institutions and Programs as well as Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD. "

 

COMPANY: "Det Coaching Centre"
PRODUCT:

COMPLAINT:

“Haryana's No. 1 Education Institute in Competition Exams Sector”

NATURE OF COMPLAINT:

Recommendation: UPHELD

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

 

COMPANY: "Patanjali Ayurved Limited "
PRODUCT: "Patanjali Juices"

COMPLAINT:

“"The pricing chart of Patanjali mentions other brands Juices priced at Rs 99 to Rs 120 (1ltr), which is the pricing range for Real portfolio. Given that we are the market leaders, this comparison by default refers to us and therefore we take strong objection to their body copy which reads “will you still drink expensive fruit juices with less fruit pulp or drink cheaper Patanjali fruit juices with more fruit pulp for good health and more saving” Moreover, the claim made in the ad stating that “Patanjali fruit juices have more fruit pulp than others” referring to us by virtue of us being the market leaders in the category is completely untrue. The appended table below compares the Fruit pulp / conc. in Dabur V/S Patanjali for similar variants. Fruit Juice Content : Dabur vs Patanjali 1. Variant: Apple Pulp / Concentrate: Apple Juice Concentrate Dabur: 18.54% Patanjali: 18% Conclusion: Dabur has high Fruit Content 2. Variant: Litchi Pulp / Concentrate: Litchi Pulp Dabur: 23% Patanjali: 22% Conclusion: Dabur has high Fruit Content 3. Variant: Mango Pulp / Concentrate: Mango Pulp Dabur: 25% Patanjali: 22% Conclusion: Dabur has high Fruit Content 4. Variant: Mixed Fruit Pulp / Concentrate: Mixed Fruit Juice Dabur: 60% Patanjali: Mixed Fruit base added with White Guava, Mango Pulp (27%) Conclusion: Dabur has high Fruit Content In the light of above data, it can be clearly seen that Dabur is providing more Fruit content than Patanjali. Hence the claim made by Patanjali is completely Baseless & unsubstantiated. Patanjali has declared its products as ‘Juice’, both in the advertisement as well as on the packs. This is misleading on the following counts as per the regulatory guidelines specified by FSSAI. Addition of Sugar: Added Sugar contents declared on Patanjali packs is 11.8% for Guava, 11% for Mango, 11% for Litchi, 7.5% for Mixed Fruit, 6.5% for Pineapple and 7.5% for Orange. Whereas, as per the definition specified for Juice Category in FSSAI (Rule 2.3.6) “One or more nutritive sweeteners allowed up to 1.5% only. Moreover, for Orange and Pineapple juice, addition of nutritive sweeteners not allowed if it is reconstituted from concentrate. As can be seen on the packs, the Patanjali Guava, Mango, Litchi & Mixed Fruit variants contains sugar more than 1.5% & still calling it as Juice as well as Orange (7.5%) & Pineapple (6.5%) contains added sugar whereas addition of nutritive sweetener not allowed in these variants, hence do not qualify to be labeled as Juice. Addition of Additives: As per the requirements specified in FSSAI regulations only “Natural flavors” are allowed in the category of “Fruit Juices”. All the variants (Mango Guava, Litchi, Mixed Fruit, Apple, Pineapple & Orange) of Patanjali contain “Nature Identical flavours” & not Natural Flavours . Additionally, the Orange, Mixed fruit & Mango variants contain Natural Colour, which is not allowed. Also, Sodium Alginate ( INS 401) is added in Litchi Variant, which is also not allowed, if it has to be classified as JUICE. Minimum TSS: In Juices the major source of Total Soluble Solids is carbohydrate, which is mentioned in Mango & Guava Variants of Patanjali, is 14g/100 ml of beverage, which is lower than the limit of TSS specified. The limit specified for TSS by FSSAI regulation Clause 2.3.6 is minimum 15% for Mango & Guava. In the light of the above information, it is clear that the requirements for “Fruit Juice” category, clearly specified by FSSAI are not met by Patanjali products. So declaring their products as Juice (on the pack or in the ad) is completely misleading and baseless. " ”

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 price comparison provided in their advertisement is between Patanjali Juices and Other Brand Juice, but there is no express mention of any other brand in particular. The CCC noted that the advertiser did not provide any comparative data of their product versus other marketed products. The CCC concluded that the claims in the Ad, “Will you still drink expensive fruit juices with less fruit pulp or drink cheaper Patanjali fruit juices with more fruit pulp for good health and more saving”, was not substantiated and is grossly misleading. Also, the claims unfairly denigrated the entire class/category of fruit juices. The advertisement contravened Chapters I.1, I.4 and IV.1(e) of the ASCI Code. The complaint was UPHELD. "

 

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

COMPLAINT:

"The TVC shows famous film actor Mr. Annu Kapoor. He gives social messages like save water. He then says Rajshree Pan Masala - Swad me soch hain. The following supers are then displayed - Pan Masala chabana swasthya ke liye hanikarak hai, Not for minors, 0 percent tobacco, and no added nicotine. Our Objections – 1. Why is a celebrity like Annu Kapoor promoting and endorsing pan masala known to be harmful to health. As a celebrity he has a moral responsibility not to lead todays youth to hazardous habits. 2. This is in violation of Chapter III.2e of ASCI which says - Should not feature personalities from the field of sports and entertainment for products which by law require health warning. 3. The advertiser smartly put social message in the TVC followed by the brand name. This is like surrogate advertising and may lead the general public to believe that the brand is good. 4. 0 percent tobacco and no added nicotine need substantiation. "

NATURE OF COMPLAINT:

Recommendation: UPHELD

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

 

COMPANY: "Nestle India Ltd "
PRODUCT: "Nestle a+ Greek Yoghurt "

COMPLAINT:

“70% more milk protein and calcium”

NATURE OF COMPLAINT:

"On 8th May, 2016, in the Hindustan Times, Delhi edition, an advertisement for Nestle Greek Yoghurt was published. This advertisement is misleading as it says it contains 70% more milk proteins and calcium, with 70% written in Big fonts. It implies as if 70% more from other brands. In very small fonts, on the sides of the advertisement, a disclaimer is written saying "as compared to Nestle a+ nourish toned Dahi. This information is almost unreadable due to the font size and placement of the text. This is an attempt to mislead the consumer in buying this product. Scanned copies of the newspaper page and the advertisement are attached with this mail. Please take necessary action. "

Recommendation: NOT UPHELD

"The CCC viewed the print advertisement and considered the Advertiser’s response. Advertiser argues that the advertisement states that the product has 70%* more milk Protein and Calcium, and the asterisk * has been clearly described in a legible and prominent manner by way of: *As compared to Nestle a+ Nourish Toned Dahi [in 8.01 point font size]. The advertiser submitted to data in support of their claim. The CCC concluded that the claim, “70% more milk protein and calcium” was substantiated and was accompanied with a qualifier. The complaint was NOT UPHELD. "

 

COMPANY: "Kottakkal Wood Complex Furniture "
PRODUCT:"Classy Furniture – 31st Anniversary Sale"

COMPLAINT:

"“Buy 1 Get 1” Complaint “An Offer Given as buy one and get one free by Showing a Picture of Diwan Chair, This is appeared in leading newspapers and no of bill boards across cochin Town. Visited the Showroom by seeing the advertisement and Enquired about the product and the offer, Store officials denied any such offer and informed that this is not the offer for the Diwan chair. I have realized that there no such offer for any product but the advertisement has given to mislead the Customer and to get walk ins. Attached the Snap of the offer which clearly says buy one get one free”. "

NATURE OF COMPLAINT:

Recommendation:NOT UPHELD

"The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek a personal hearing and submitted their written response. The CCC viewed the advertisement – hoarding and considered the Advertiser’s response. Advertiser stated that the photograph of the Diwan coat shown in the hoarding and some other items come under the offer of "buy one get one. Advertiser provided a copy of the retail invoice as evidence to show the sale of the product with the offer. The CCC concluded that the claim offer of "buy one get one”, was substantiated and is not misleading. The complaint was NOT UPHELD. "

 

COMPANY: "Lenovo India Pvt. Ltd "
PRODUCT: "Lenovo Vibe P1M "

COMPLAINT:

“Water-Resistant Build”, “With the advanced splash-proof nano-coating inside and outside, your Lenovo device is engineered for protection against sudden drizzle and accidental spills”

NATURE OF COMPLAINT:

"Hello...I would like to draw your kind attention to misleading advrtisement of Lenovo about water resistent build of Lenovo vibe p1m. My phone was trapped in sudden drizzle at Delhi while on my way to office and became wet,later on display went off. Lenovo refused to honour warranty as liquid abuse. No reply when asked about water resistent build.screen shot is being sent from Flipkart web site. Lenovo VIBE P1m Bring home the Lenovo VIBE P1m and enjoy an exceptional performance and long-lasting battery life. Battery Maximise Battery Life Quick Charge Water-Resistant Build With the advanced splash-proof nano-coating inside and outside, your Lenovo device is engineered for protection against sudden drizzle and accidental spills. Lenovo claims that Lenovo Vibe p1m is water resitent built with neno coating inside and out side but when device became unserviceable due to drizzle it refused to honour warranty and says liquide damages are not covered. Why to mislead people. I am Satish Chand Presently residing at Delhi and working at Gr.Noida West. Written many e mils to Lenovo but proved futile. Advertisement is still there. "

Recommendation: UPHELD

"The advertiser was granted an extension of four days to submit their reply in response to their request for extension. Also, the Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek a personal hearing and submitted their written response. The claim support data was reviewed by the technical expert of ASCI. The CCC viewed the website advertisement and considered the Advertiser’s response as well as opinion of the Technical expert presented at the meeting. Advertiser argues that the description referred to by the complainant is not an advertisement or paid communication of any sort but merely a description of the features of the Lenovo Vibe phone and as such the complaint does not fall within the jurisdiction of the ASCI. The CCC referred to ASCI Code's definition of Advertising, which states that ""Any communication which in the normal course would be recognised as an advertisement by the general public would be included in this definition even if it is carried free-of-charge for any reason”. The CCC was of the view that the advertiser’s web-site communication has a great influence on their potential consumers’s opinion or behavior. Therefore, promotion vide website content which is accessible to general public, paid or unpaid, has to be considered as Advertising and is within ASCI’s purview. Advertiser states that the product specification means that it is protected against dripping water when tilted up to 15 degrees and they do not claim it to be waterproof. As claim support data, the advertiser provided a test report demonstrating protection to the IPX2 standard, which is a test of withstanding without failure dripping water for 10 minutes when the product is tilted at 15 degrees from vertical. However, no such reference was made in the communication regarding the degree of protection or standards met (e.g., IPX2 or IPX6). Advertiser also provided test report for sudden drizzles. But they did not provide test report for accidental spills (i.e. when the phone is on a flat surface). Based on this opinion, the CCC concluded that the claims, “Water-Resistant Build”, “….. protection against sudden drizzle and accidental spills”, were not substantiated adequately and are misleading in absence of a qualifier. The website advertisement contravened Chapters I.1 and I.4 of the Code. The complaint was UPHELD. "

 

COMPANY:"Athena Life Sciences Pvt Ltd"
PRODUCT: "Hair for Sure"

COMPLAINT:

"“Meeri maniye Main ek Trichologist – Baaloan ka doctor, Isiliye I recommend Hair for Sure” “Isme hai Rutexil – Ek breakthrough comprehensive regrowth complex” “Baaloan ko jad se effectively ugata hai” "

NATURE OF COMPLAINT:

"“Claim: The protagonist in the TVC claims ‘Meeri maniye Main ek Trichologist – Baaloan ka doctor, Isiliye I recommend Hair for Sure’. Challenge There is no proof that the protagonist is a Trichologist. The Advertiser is trying to mislead the consumer through an endorsement. Projecting their product as clinically proven and endorsement from purported trichologist is deliberately designed to give exaggeration of quality of product. Advertiser should be direct to prove that trichologist is authorised to advertise a product which claims hair regrowth treatment. Claim: ‘Isme hai Rutexil – Ek breakthrough comprehensive regrowth complex’ Challenge As per Drugs and Cosmetic Act 1940 Schedule J –Drugs and Cosmetics Act even a drug is not allowed purport to prevent or cure or make claims to prevent or cure (Sr. no. 5) Baldness and (sr. no. 10) Growth of new hair. Term –“regrowth” is not permitted by regulator’s and it is misleading to the consumer. Claim: Baaloan ko jad se effectively ugata hai’ and the accompanying visual shows hair coming back at the bald areas. This claim has been made basis the photograding scores in the clinical trial conducted in males. The photograding scale is based on a subjective assessment of the hair growth. After 60 days of applications, the average photograding score improved by 0.97 as mentioned in the disclaimers in the tvc and their website. This corresponds to less than “slightly improved” from the initial stage. The Advertiser has wrongly claimed in visual depiction of Advertisement that hair is grown in bald areas. The Visual misleads the consumer by suggesting that by using its product there will be re-growth of hair in bald area and significant unbelievably shift of hair line is depicted in the visuals, whereas the actual score suggests only a slight improvement. Advertiser must be directed to substantiate the claim made in visual depiction of advertisement. The visual of the doctor depicting the regrowth of hair on bald patches which is clearly designed to mislead the consumers by suggesting that by using the Advertiser’s product there will be re-growth of hair in bald areas. TVC disclaimers are not readable, legible and are very blur. The disclaimers are not complying to ASCI “Supers” guideline”. "

Recommendation: UPHELD

"The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek a personal hearing and submitted their written response. The claim support data was reviewed by the technical expert of ASCI. The CCC viewed the TVC and considered the Advertiser’s response as well as opinion of the Technical expert presented at the meeting. Advertiser argues that their communication does not make a mention of baldness or cure of baldness, and nor is the product referring to any growth of new hair. As claim support data, Advertiser provided clinical study reports among male and female subjects and Certificate of product quality endorsement issued by World Medical Trichologists Association (WMTA). Advertiser states that a Trichologist is an expert who deals in study of hair and scalp and can decide the treatment concerning problems of hair and scalp. So, a trichologist due to his expertise in study of hair and scalp is in a position to recommend a product to be used to treat hair loss. The CCC reviewed the data and noted that the WMTA certificate only supports product quality and the certificate categorically states that it is not an endorsement for the product claim. In view of this document, the claim, (“Meeri maniye Main ek Trichologist – Baaloan ka doctor, Isiliye I recommend Hair for Sure”), of a trichologist endorsing the product was not substantiated and was considered to be misleading by implication. This contravened Chapters I.1 and I.4 of the ASCI Code. This complaint was UPHELD. The CCC noted that the advertiser acknowledges that the product is not referring to any growth of new hair. Also, the The product being a proprietary formula, there is no mention about any of the constituents in the public scientific domain except on the label. As per the in vitro data submitted regarding the constituents; the constituents do help in hair growth however, there was no evidence that this data is extrapolable to in vivo situation to support hair regrowth claim. The change in A/T ratio does not essentially translate into growth of hair into bald areas. The CCC concluded that the claim, “Isme hai Rutexil – Ek breakthrough comprehensive regrowth complex. Effectively regrows hair from the roots”, was not adequately substantiated with clinical evidence. The claim when read in conjunction with the visuals in the TVC showing significant regrowth of hair on bald patches was considered to be grossly misleading. The TVC and the Youtube advertisement contravened Chapters I.1 and I.4 of the Code. This complaint was UPHELD. The supers in the Hindi TVC were not in the same language as the audio of the TVC. The TVC and the Youtube contravened the ASCI Guidelines on Supers. This complaint was UPHELD. "

 

COMPANY:"Athena Life Sciences Pvt Ltd "
PRODUCT: "Hair for Sure"

COMPLAINT:

"“Stop hair loss” “Hair Regrowth Treatment’ and Begin Hair growth” “Reutexil-The new era in hair regrowth treatment” “GROWTH STIMULANT: Active agents along with fusions of Vitamin B3, and Pro Vitamin B5 reactivate hair follicles, stimulate growth and improve hair health” “Anti Fibrotic: Off patent, proven agents in Rutexil oppose perifollicular fibrosis and prolong Anagen phase of hair by preventing rigidification of collagen” “ANTI INFLAMMATORY: Active molecules in Rutexil calm inflamed tissues and itching caused by DHT sensitivity, critical in treating hair loss” “ANTI OXIDATIVE: Includes powerful antioxidants that help reduce oxidative stress, detoxifies free radicals” "

NATURE OF COMPLAINT:

""Claim: In the packaging of product and in Advertisers website at buying page, there is claim for ‘stop hair loss’. Challenge: Under physiological conditions hair fall is a normal process and on an average 100 hair can fall/day. Therefore, claim by Advertiser that its product stops hair fall is completely a false and misleading statement made in order to lure customer and gain market share. Claim: The packaging of the product claims that its product can do ‘Hair Regrowth Treatment’ and Begin Hair growth. It further claims in pack that “Reutexil-The new era in hair regrowth treatment”. Challenge The claim is misleading and Advertiser should be directed to prove through scientific evidence that its product is Hair regrowth treatment. Further, use of the word treatment suggests that Advertisers Product is Drug and can treat medical disorders causing hair loss. This is a complete exaggeration of a quality of product and completely a false claim. PRODUCT LABEL DESCRIPTION: The pack explains the ingredients as follows: GROWTH STIMULANT Active agents along with fusions of Vitamin B3, and Pro Vitamin B5 reactivate hair follicles, stimulate growth and improve hair health. Challenge: Presently no literature evidence is available to prove the benefit of these vitamins, when used at such low levels for reactivating hair follicles by known mechanisms like 5 alpha reductase inhibition or preventing follicular fibrosis. Claim: Off patent, proven agents in Rutexil oppose perifollicular fibrosis and prolong Anagen phase of hair by preventing rigidification of collagen. Challenge: This is based on the molecule Diamino pyrimidine oxide, which is present at the same level (1.5%) as in Livon Hair Gain Tonic. (Ref 1: Analysis reports by external laboratory attached ) ANTI INFLAMMATORY Active molecules in Rutexil calm inflamed tissues and itching caused by DHT sensitivity, critical in treating hair loss. Challenge: There is no scientific literature proving DHT sensitivity causing itching and inflammation. These are responses seen due to histamine release. Thus, this mechanism cites is technically incorrect. Further, there is no active present in the product that prevents or inhibits the action of DHT. ANTI OXIDATIVE Claim: Includes powerful antioxidants that help reduce oxidative stress, detoxifies free radicals. Challenge: This is based on the miniscule amount of Disodium rutinyl disulfate present in the product. This is in fact an anti cellulite agent as clearly mentioned by the supplier (Ref 3: Ronacare Rutin sulfate), with no known evidence of benefit in hair loss. Based on the above comparison, it is clear that the primary active between the two products is the same moleculeDiamino pyrimidine oxide, used at the same level 1.5% . The other agents are in minor quantity and do not support any mechanism by which the hair growth benefit can be substantiated”. " "

Recommendation: UPHELD

"The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek a personal hearing and submitted their written response. The claim support data was reviewed by the technical expert of ASCI. The CCC viewed the product packaging and considered the Advertiser’s response as well as opinion of the Technical expert presented at the meeting. As claim support data, the Advertiser provided Google advertisement of Marico’s Hair Gain - ""Stop Hair Loss in 90 Days”, Extract of Clinical Study Protocol, A Pilot study evaluating the efficacy of topically applied niacin derivatives for treatment of female pattern alopecia, Androgenetic alopecia and micro inflammation, Journal of Cosmetology and Trichology:Hair Restoration in Androgenetic Alopecia:Looking Beyond Minoxidil, Finasteride and Hair Transplantation, Evaluation of Antioxidant Potential of Hair for Sure Hair Tonic Using In-Vitro Assay. The CCC concluded - Claim, ‘‘stop hair loss” was considered to be false as some hair fall is natural and can not be stopped. The claim was misleading by exaggeration. Claims, “Hair Regrowth Treatment”, “Begin Hair growth” - As per the in vitro data submitted regarding the constituents; the constituents do help in hair growth however, there was no evidence that this data is extrapolable to in vivo situation to support hair regrowth claim. The change in A/T ratio does not essentially translate into growth of hair into bald areas. The CCC concluded that based on the photograding scores, these claims were not substantiated with efficacy of the product and are misleading. The CCC concluded that the claim, “Reutexil-The new era in hair regrowth treatment”, was not substantiated with clinical evidence and is misleading. As for the claims of “Growth Stimulant”, “Anti Fibrotic”, “Anti Inflammatory”, “anti Oxidative”, the claims are based on ingredient specific in vitro data. These claims were not substantiated for in vivo situation for the ingredient levels present in the product. The claims being presented on pack as a product efficacy attribute were misleading by ambiguity and implication. The product packaging contravened Chapters I.1 and I.4 of the Code. These complaints were UPHELD. "

 

COMPANY: "Emami Ltd "
PRODUCT:"Emami 7 Oils in One "

COMPLAINT:

"“New Emami 7 Oils in One damage control hair oil” “Proven Results! Upto 96% Less Hair Fall” “Upto 20X Stronger Hair” “America’s leading research institute and IIT Mumbai” "

NATURE OF COMPLAINT:

 

Recommendation: NOT UPHELD

"The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek a personal hearing and submitted their written response. 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. As claim support data, the advertiser provided a third party test report from TRI of a combing test in which swatches of hair were combed, and the number of broken strands as a result of combing force was counted. Under the test conditions, the result showed that there was statistical significance between damaged+untreated hair and all other groups, taken singly or together. Based on this opinion, the CCC concluded that the claim, “Upto 20X Stronger Hair”, was substantiated. This complaint was NOT UPHELD. In a previous complaint received against the claim, “Upto 96% Less Hair Fall”, Advertiser had substantiated the claim basis a study conducted at TRI Princeton, USA. The CCC concluded that the claim, “Proven Results! Upto 96% Less Hair Fall”, was substantiated. This complaint was NOT UPHELD. "

 

COMPANY:"Athena Life Sciences Pvt Ltd "
PRODUCT: "Hair for Sure"

COMPLAINT:

"C 1. Claim: Extensive In-Vitro and Clinical Trials have been conducted on Hair for Sure Hair Tonic to validate the efficacy of the regimen to regrow hair. Challenge: While the website mentions extensive in vitro trials, not a single name of the in vitro study nor any results are mentioned anywhere. Clinical Studies C2. Claim: The highlights of the clinical study conducted among Men and Women when compared to the leading market Hair Growth Tonic in India are as below: Challenge: Design of study is not mentioned: the sanctity of the study depends on whether it is randomized, double blinded, Number of volunteers, date and duration of the study etc. None of these critical details are mentioned. MALE STUDIES: C3. Claim: After 60 Days of Application, the Average Photo-grading score of Hair for Sure was 0.97 [on a scale of (3 to +3), zero is starting point]. Challenge: It is highly unlikely that a score of 0.97 on the photograding scale will be statistically significant. C4. Claim: A 3.45 X times better in improving hair growth when compared to Market Leading Hair Regrowth Product priced at Rs. 650. Challenge: This statement is made by comparing the photograding score of Hair for sure against Livon Hair Gain Tonic. By calculation, if Hair for Sure score is 0.97 and it is 3.45X better than Livon Hair Gain Tonic, then the score for Livon Hair Gain Tonic must be 0.97/3.45=0.28. It is highly unlikely that there is any statistically significant difference between the photograding scores of the two products. Hence, making a comparison and saying that the said product is 3.45X better than Livon Hair Gain Tonic is misleading. FEMALE CLINICAL STUDIES: C5. Claim: Hair for Sure Increased Anagen/Telogen ratio significantly by 50.8% more compared to market leading brand in 45 days. Hair for Sure increases A/T ratio significantly 73.4 % from base line in 45 days. Challenge: This statement is made by comparing the AT ratio score of Hair for sure against Livon Hair Gain Tonic. By calculation, if Hair for Sure increased the AT ratio by 73.4% and it is 50.8% better than Livon Hair Gain Tonic, then the AT ratio improvement for Livon Hair Gain Tonic must be 73.4/1.508=48.6% It is highly unlikely that there is any statistically significant difference between the A/T ratio of the two products. C6. Claim: Hair for Sure increased % of Anagen Hair (growing hair) by 16.5% in 45 days. Human scalp has average hair count of 100,000. Considering this after applying Hair for Sure – Hair Tonic for 45 days twice a day, 16,500 (16.5%) non-growing hair would start re-growing. Challenge: A mere increase of 16.5% in anagen number is only a reflection of the altered Anagen/Telogen ratio, where 16.5% of hair in telogen phase has now moved to anagen phase. Increase in no. of anagen hair cannot be interpreted as non-growing hair start regrowing. This phenomenon can only happen when dormant hair follicles are reactivated leading to regrowth. Thus, the claim that 16500 non growing hair would start regrowing is misleading. C7. Claim: It is first in India to be approved by World Medical Trichologist Association. Challenge: Advertiser must provide necessary evidence to prove that it is approved by World Medical Trichologist Association. The endorsement is chosen in such a way that it exaggerates advertiser`s product to lure consumer to buy its product. There is no website of world medical trichologists association. Advertiser should be directed to prove that such association exists and they are authorised to approve a product also that the advertiser has valid permission to associate their name with that association. C8. Claim: clinically proven to help hair growth, clinically proven to accelerate hair growth, and clinically proven to stimulate Hair Growth Challenge: There has been inconsistent claim made by Advertiser trying to mislead the consumer by claiming that there product helps in hair growth. Claim of improvement in photo grade scale in men on use of the Advertiser’s product in 60 days and claims on the purported consumer video are contradictory to their own claims made on their website where they claim that it is only after 3-6 months, i.e. only after 90 days successful cases will start seeing visible results with fuller, thicker and stronger regrowth. C9. Claim: No. 1 hair regrowth treatment. Challenge: - it’s a false claim. "

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. As claim support data, the Advertiser provided Google advertisement of Marico’s Hair Gain - ""Stop Hair Loss in 90 Days”, Extract of Clinical Study Protocol, A Pilot study evaluating the efficacy of topically applied niacin derivatives for treatment of female pattern alopecia, Androgenetic alopecia and micro inflammation, Journal of Cosmetology and Trichology:Hair Restoration in Androgenetic Alopecia:Looking Beyond Minoxidil, Finasteride and Hair Transplantation, Evaluation of Antioxidant Potential of Hair for Sure Hair Tonic Using In-Vitro Assay. The claim support data was reviewed by the technical expert of ASCI. The CCC viewed the Website advertisement and considered the Advertiser’s response as well as opinion of the Technical expert presented at the meeting. Claim: “Extensive In-Vitro and Clinical Trials have been conducted on Hair for Sure Hair Tonic to validate the efficacy of the regimen to regrow hair.” was not adequately substantiated for “Regrowth” aspect of the claim for in vivo situation. The claim stating that the studies were conducted to “validate the efficacy of the regimen to regrow hair” was considered to be misleading by ambiguity and implication. Claim: “A 3.45 X times better in improving hair growth when compared to Market Leading Hair Regrowth Product priced at Rs. 650.” The CCC noted that the claim regarding Male clinical study has been made on the basis of the photograding scores in the clinical trial conducted in males. The results of this study as shown in table 4 (Annexure 2) of advertiser's response show mean photograding scores with very high standard deviation on both Day 30 and 60. Due to this reason the difference in scores after both the treatments is not significant as shown in the table 4. The mean scores have such a huge standard deviation that they are almost equivalent to each other. The CCC concluded that it is incorrect to say that the mean photograding score of hair for sure is 3.45 times more on day 30th and 2.48 times more at the end of 60 day than the market leader tested against (Livon). Claim: “Hair for Sure Increased Anagen/Telogen ratio significantly by 50.8% more compared to market leading brand in 45 days. Hair for Sure increases A/T ratio significantly 73.4 % from base line in 45 days.” The claims regarding female clinical study has been made on the basis of the photograding scores in the clinical trial conducted in females. The comparison of changes in A/T ratio obtained from a study conducted in females (Annexure3) indicate that both the products show significant increase in the A/T ratio on day 45 (p<0.001). The actual values of these scores as shown in table 2 of the women's study indicate huge standard deviation and almost similar change due to both the treatments on day 45 from the baseline. Thus it is incorrect to say that the increase in the mean score of A/T ratio due to hair for sure is significantly more than the Livon treatment. Claim: Hair for Sure increased % of Anagen Hair (growing hair) by 16.5% in 45 days. Human scalp has average hair count of 100,000. Considering this after applying Hair for Sure – Hair Tonic for 45 days twice a day, 16,500 (16.5%) non-growing hair would start re-growing.” The CCC concluded that increase of 16.5% in anagen number cannot be interpreted as non-growing hair start regrowing. This claim was considered to be misleading. Claim: It is first in India to be approved by World Medical Trichologist Association. The CCC reviewed the data and noted that the WMTA certificate only supports product quality and the certificate categorically states that it is not an endorsement for the product claim. In view of this document, the claim of “It is first in India to be approved by World Medical Trichologist Association” was considered to be misleading by omission, ambiguity and implication. Claim: “clinically proven to help hair growth, clinically proven to accelerate hair growth, and clinically proven to stimulate Hair Growth” The CCC concluded that the change in A/T ratio does not essentially translate into growth of hair. The CCC concluded that based on the photograding scores, these claims were not substantiated with efficacy of the product and are misleading. Claim: No. 1 hair regrowth treatment *As on Amazon. This claim was based on product entries as available on Amazon. However, no authentic evidence for the same was provided. This claims was not adequately substantiated and was considered to be misleading by ambiguity. The website communication contravened Chapters I.1 and I.4 of the Code. These complaints were UPHELD. "

 

COMPANY: "ibibo Group Private "
PRODUCT:"Goibibo.com Refer and Earn scheme Limited"

COMPLAINT:

"“Refer Friends to download app & get free hotel night stay for 1st referrral + 1000 goCash” “1 night free stay +1000 gocash” “Friends get Rs2000* goCash” "

NATURE OF COMPLAINT:

"Goibibo company is saying that refer and earn 1night stay FREE +1000go cash. but they are not giving 1 night stay FREE, only they are giving 1000 discount through 1 night free stay +1000 gocash, it's cheating they are giving advertising fraud. They give a coupon code for 1night stay FREE But I try to used Only 1000rs paid through this code, While 1night stay should be absolutely free. Take Action against goibibo "

Recommendation: UPHELD

"The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek a personal hearing and submitted their written response. The CCC viewed the website advertisement and considered the Advertiser’s response. Advertiser states that the "Refer and Earn" scheme is a promotional scheme in which the benefits may be availed by a user by referring Company’s services to his/her friend/associate using user’s referral code. The claim offer implies that one can get free hotel night stay, whereas in reality, the advertiser is only giving a Rs.1000 discount for that one night stay. The CCC concluded that the claim offer, “Refer Friends to download app & get free hotel night stay for 1st referral + 1000 goCash”, is misleading by ambiguity and implication. The website advertisement contravened Chapter I.4 of the Code. The complaint was UPHELD. "

 

COMPANY:"Coimbatore Institute Of Management And Technology "
PRODUCT:

COMPLAINT:

“95% of the students are placed in the academic year 2014-15”

NATURE OF COMPLAINT:

"This claim needs to be substantiated with necessary support data. "

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the grievances of the complainant. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claim in the Ad, “95% of the students are placed in the academic year 2014-15”, 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) and is misleading. The advertisement did not indicate the total number of students in that class / batch and 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:"GIET Campus- Gandhi Institute of Management Studies "
PRODUCT:"“100% Quality Placement” "

COMPLAINT:

"This claim needs to be substantiated with necessary support data "

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the grievances of the complainant. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claim in the Ad, “100% Quality Placement”, was not substantiated with relevant data (such as detailed list of students who have been placed through their Institute, contact details of students for verification, enrolment forms, the batch size of the students per year, and appointment letters received by the students) nor any independent audit or verification certificate. The advertisement did not indicate the total number of students in that class / batch and was misleading by ambiguity. 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: "Kaziranga University "
PRODUCT:

COMPLAINT:

“Three Tier Placement Assistance- International, National & Local”

NATURE OF COMPLAINT:

"This claim needs to be substantiated with necessary support data "

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the grievances of the complainant. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claim in the Ad, “Three Tier Placement Assistance- International, National & Local”, was not substantiated with supporting data describing the the modality of such assistance being provided and it’s utility and is misleading by ambiguity. 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: "Techno India Business School "
PRODUCT:

COMPLAINT:

“99% placement in many MNC's with packages over Rs. 12 Lakh/US$ 85K per annum”

NATURE OF COMPLAINT:

"This claim needs to be substantiated with necessary support data "

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the grievances of the complainant. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claim in the Ad, “99% placement in many MNC's with packages over Rs. 12 Lakh/US$ 85K per annum”, was not substantiated with relevant data (such as detailed list of students who have been placed through their Institute, contact details of students for verification, enrolment forms, the batch size of the students and appointment letters received by the students), nor any evidence to prove that the individual students were indeed given the salary offer. Also, the claim is misleading by ambiguity and implication. The advertisement contravened Guidelines for Advertising of Educational Institutions and Programs as well as Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD. "

 

COMPANY: "KIIT University "
PRODUCT:"KIIT School of Management"

COMPLAINT:

"1. 98% placement 2. 398 total offers 3. 13.5 lac highest salary in 2014-15 "

NATURE OF COMPLAINT:

"These claims need to be substantiated with necessary support data "

Recommendation: UPHELD

""The ASCI approached the advertiser for their response in addressing the grievances of the complainant. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claims in the Ad, “98% placement”, “398 total offers”, and “13.5 lac highest salary in 2014-15”, were not substantiated with relevant data (such as detailed list of students who have been placed through their Institute, contact details of students for verification, enrolment forms, the batch size of the students, and appointment letters received by the students), nor any evidence to prove that the individual students were indeed given the salary offer. Also, the claims are misleading. The advertisement contravened Guidelines for Advertising of Educational Institutions and Programs as well as Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD. " "

 

COMPANY:"Uber India Systems Private Limited "
PRODUCT:"Uber Moto - flat Rs.10 offer "

COMPLAINT:

"The advertisement – both inside the Uber Android app – and multiple point in the city (Gurgaon) near HUDU Metro Station promised Uber Moto rides at the flat fee of Rs. 10 per ride. The advertiser –Uber – despite the promise for rides at the flat prices of Rs. 10, failed to deliver the same to me. Despite requests for clarity from their customer care, and their support team, they have not clarified on the discrepancy between their advertising and the actual service delivery. Attached is the screenshot – that was visible even till the next day of the ride – inside the app – while booking a Uber Moto ride – promising a trip at Rs. 10 – which the advertiser never intended to fulfil. Attached is my invoice for the trip as well – where I have been charge much more than the advertised amount – making this a fake advertising campaign. "

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

""The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek a personal hearing and submitted their written response. Advertiser states that the said offer was valid only till 1st May 2016, and this was highlighted in their SMS’s sent to riders. The CCC noted that the pop-up advertisement, however, did not highlight that it was a limited period offer. The CCC concluded that the claim offer, “Uber Moto - flat rate of Rs.10”, was misleading by omission of the validity period, and contravened Chapter I.4 of the Code. The complaint was UPHELD. " "

 

COMPANY:"Athena Life Science Pvt. Ltd "
PRODUCT:"Just for Moms Maternity Stretch Marks Prevention Lotion"

COMPLAINT:

“Tested & Gynaecologist Approved” “Helps reduce stretch marks”

NATURE OF COMPLAINT:

"This Ad Is About “Just For Moms Maternity Stretch Marks Prevention Lotion” Ad Claims That This Product Is "" Tested & Gynecologist Approved "" & “It Helps Reducing The Formation Of Stretch Marks”. While The Ad Gives This Impression That The Product Has Been Tested For The Results, The Disclaimer Says That It Was A Patch Test For Reactiveness. There Is No Proof That This Product Is Of Any Benefit For Prevention Of Stretch Marks "

Recommendation: UPHELD

"The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek a personal hearing and submitted their written response. As claim support data, the Advertiser provided a write up on stretch marks and how their product helps reduce the chances of their formation, excerpts of an in vitro study, and Report to indicate Gynecologist Approval. The CCC noted that the claim “Tested and Gynacologist approved” was not substantiated with relevant data as the test was for skin irritation potential carried out in males and non-pregnant female subjects. The claim was considered to be misleading by implication that the testing is for product efficacy. The stretch mark related data was of an in vitro evaluation of the active ingredient indicating that the ingredient could potentially have a benefit. However, no in vivo data was submitted as evidence to support product efficacy in reducing or preventing stretch marks. The CCC concluded that the claim, “Helps reduce stretch marks” was not substantiated and is misleading. The advertisement contravened Chapters I.1 and I.4 of the Code. The complaint was UPHELD. "

 

COMPANY:"Godrej Consumer Products Ltd"
PRODUCT:"Cinthol Deo Stick"

COMPLAINT:

“3X longer”

NATURE OF COMPLAINT:

"“The claim of Fragrance lasts 3X Longer is misleading and unsubstantiated: In the TVC, a claim is being made that the Product has a fragrance that lasts up to 3X longer. The claim is disclaimed by way of a disclaimer reading “As per Lab Test”. The claim is therefore being made against all deodorants. It needs to be appreciated that different fragrances have different intensities, which depend on the family of the fragrance being incorporated in a product. Of the main fragrance families, woody and musk scents are known to have higher intensity. Citrus and floral fragrances on the other hand are subtle. Hence, from the claim and the disclaimer, the Advertiser is clearly indicating that the fragrance from the Product lasts longer than all other fragrances from all other products. It would have to be proven through objective scientific studies versus all other fragrance products, which would include deodorants, colognes and perfumes that the Product’s fragrance lasts more than all such other products. Even if the Advertiser argues that the claim is made against deodorants, then the Advertiser needs to prove the same through objective third party studies versus all deodorants in the market. In the absence of such studies, a blanket claim of 3X longer lasting fragrance is unsubstantiated and thereby misleading. The claim that the world of deodorants needed a messiah disparages all other deodorants in the market: The Advertiser claims that “Cinthol Deo Stick” could have become a “regular deo” but it gave a sacrifice, because “the world of deodorants needed a messiah”. It is important to note here that the Advertiser, through this claim, mocks the category of deodorants. Why else would the category of deodorants need a messiah, or a savior? The claim indicates that today the category of deodorants is filled with sub-optimal products, and that this Product of the Advertiser comes as a savior of the category”. "

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 POS and the TVC and considered the Advertiser’s response. As claim support data, the advertiser provided a copy of third party test report. Advertiser argues that the said report shows that the product has 3.37 times greater fragrance longevity compared to commercial deodorants. Also, the use of the word “messiah” is the artistic expression of the message for the masses that the Product is unconventional. On reviewing the data, the CCC was of the view that while the advertisement indicates the product to be 3X better than all deodorants (all formats), the product has been tested against only two marketed products. These products do not represent the major market leaders/players and all the Deo product formats. The CCC concluded that the claim of “3X longer” is not substantiated and is misleading by ambiguity and exaggeration. The POS and the TVC contravened Chapters I.1 and I.4 of the Code. This complaint was UPHELD. The claim that the world of deodorants needed a messiah was considered to be a hyperbole and the CCC did not consider it to be disparaging other deodorants in the market. This complaint was NOT UPHELD. "

 

COMPANY:"HyperCITY (India) Retail Ltd (Hypercity) "
PRODUCT:

COMPLAINT:

“Shop for Rs.999 and get free assured gift worth upto Rs. 100*. You also get Free Discovery club card, Free Jute bag, free keychain” Offer valid till 10th May. *T & C apply.

NATURE OF COMPLAINT:

"It was about a new store being opened in Panvel, Navi-Mumbai. It offered the following, during inaugural period (1st May 2016 included): 1. A gift coupon of Rs. 100/- on purchases of Rs.1000/- 2.A Jute Bag. 3.A key chain. We made a purchase of Rs.1167/-, but when we approached for the offers, we got a key ring only. It was informed the staff Ms.Sushma that the offers were only on first come first served basis. We felt cheated as there is no such mention in the advertisement. "

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 advertiser states that the offer was valid till May 10, 2016 and indicated their willingness to make good the deficiency to the complainant. However, the advertiser did not provide the details of the number of customers who availed of this offer and received all the freebies indicated in the advertisement. These consumer details were not made available to ASCI to verify the claims. The CCC concluded that the claim of “Free assured gifts worth upto Rs 100, a gift coupon of Rs 100/ and a Free Jute bag” was not substantiated. The advertisement contravened Chapters I.1 and I.4 of the ASCI code. The complaint was UPHELD. "

 

COMPANY:"Sky Blue Institute of Design "
PRODUCT:“100% result guaranteed”

COMPLAINT:

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 guaranteed Result is 100% against full presence of students in their lectures and attention .The CCC concluded that the claim, “100% result guaranteed” was not substantiated with details of the actual batch size of students, their list with details and evidence of their placement. 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:"Naaptol Online Shopping Pvt. Ltd"
PRODUCT:"Body Massage Cum Fat Burner"

COMPLAINT:

"Tata sky is airing this advert for a massager costing Rs. 1499 from naaptol. False and misleading claims made regarding local fat and cellulitis loss. Sheer nonsense. Please stop this fraud. Thanks. I saw the said advertisement on Tata Sky channel as soon as the television is switched on. It is the introductory channel which constantly shows different ads. Following is the link - http://m.naaptol.com/m/massagers/manipol-complete-body-massager-slimmingfat-burning-omcbm/p/12255241.html The reviews of the product are also fake since all contain the same sentences. This is precisely the advertisement which is objectionable. Kindly make them withdraw that "

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 and the Advocate’s response. Advertiser states that the product and the output of the product is designed to provide for comfort by way of machine aided body massaging. Advertiser did not provide any supporting evidence in substantiation of the claims made in the TVC. No data was presented to prove the product efficacy or performance in human subjects. The CCC concluded that the claim, “local fat and cellulitis loss”, was not substantiated and is misleading by exaggeration. The TVC contravened Chapters I.1 and I.4 of the Code. The complaint was UPHELD."

 

COMPANY:"Chennais Amirta International Institute of Hotel Management"
PRODUCT:

COMPLAINT:

"Complaint 1: “Its about hotel management ad. In this farmers saying my son friends doing timepass. So i sent my son to hotel amirtha institute. So he's getting good money. Like that. In this they discouraging the farmhouse families. I don't want see this ad in especially in tamil channels..“ Complaint 2: “On 29th April an advertisement from Amritha institute of hotel management was telecast. Time was 7:37pm. Channel was KTV. Program running was 'Aadukalam' movie. Objectionable content of advertisement was a comparison between agriculture terming it as a strenuous work and discouraging his son from joining farming. There was no necessity to draw a parallel between these two. Demeaning a national economy feeding profession should have been avoided.” Complaint 3: “Chennais Amirta is a hotel management college in Chennai. Their recent ad which is getting broadcasted on tv channels of Tamilnadu. On the ad, the person introduce himself as farmer, conveying that many in his village is unemployed but fortunately he seated his son in Chennais Amirtha and made his son earning while studying. This is how the ad keeps going. This ad portrays a farmer complaining that unemployment is prevailing in the villages. Indirectly the ad teaches the farmers to move their children out of farming. Please take necessary steps to ban this ad.” Complaint 4: “A Father speaks about Bad about those who are in Agriculture and is proud of his son who has joined Chennai Amrita Institute of Management. Since this Ad speaks bad about Agriculture and promotes to work as a Hotel Server” Complaint 5: “Advertisement by the institute called Chennais Amirta, showing repeatedly in all major Tamil television channels. The advertisement shows a green village with good and fit environment for farming, a guy saying that many people here are studied and jobless and he too felt that his son will go waste. Then he go to bank, draw some money and give his son. Finally he says, he is proud of his son studied from Chennais Amirta and got job with coat and suite. It is an deliberate attempt to show farmer community in poor light. I want their advertisement content to be modified and it should not insult farmers anymore.” "

NATURE OF COMPLAINT:

 

Recommendation:NOT UPHELD

"The CCC viewed the TVC and considered the Advertiser’s response. The CCC concluded that the TVC does not show farmer community in poor light. The complaints were NOT UPHELD. "

 

COMPANY:"Kent RO Systems Ltd "
PRODUCT:"Kent Superb Water Purifiers"

COMPLAINT:

“World’s 1st Smart RO Water Purifier” “Kent Superb being a Smart device”

NATURE OF COMPLAINT:

"1. World’s 1st Smart RO Water Purifier by Kent is false and misleading: The Advertiser’s aforementioned claim in the Advertisements is blatantly false in light of presence of prior smart technology competitor water purifiers in the market across the world. Kent Superb of the Advertiser was launched in January 22nd, 2016 as evident from newspaper report attached as Annexure E. We would like to draw your attention to the Xiaomi Mi Water Purifier (an actual smart device with connectivity with other smart devices) launched in July, 2015 in China, way prior to the launch of the Product of the Advertiser in India. We have herein attached as Annexure D multiple newspaper reports, including Indian publications, confirming the launch date of the Xiaomi Smart Water Purifier in July, 2015 prior to Kent Superb. Further we have herein attached as Annexure F, news report of Livepure Smart RO launch in December, 2015 in India itself prior to Kent Suberb. Therefore, Kent Superb, as claimed by the Advertiser, is neither the World’s nor India’s first smart RO water purifier in presence of similar and superior products available in the global market, including India, prior to its launch. The Advertiser is using this misleading claim to gain unfair advantage in the market as the public would be led to believe that the Advertiser’s Product is an innovative product and the first one in the market to bring in smart RO technology which doesn’t seem to be the case going by the information available in the public domain. 2. Claim of Kent Superb being a Smart device is, in itself, false, misleading and unsubstantiated The Advertiser’s Product is not at all a smart RO device. The said product only has an interactive touch display panel for monitoring purity and performance of the device as evident from the brochure and user manual enclosed as Annexure C. The interactive touch display panel is a one way interaction to only display the readings of the device and does not connect to other devices through wireless protocols such as wireless, Bluetooth, NFC, etc. nor allows the users to interact and control the device. The Advertiser’s is misleading the consumer by falsely claiming its RO water purifier to be a smart device which is only a touch display panel "

Recommendation: UPHELD

"The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek a personal hearing and submitted their written response. The claim support data was reviewed by the technical expert of ASCI. The CCC viewed the TVC, print advertisement, website, user manual and brochure and considered the Advertiser’s response as well as the opinion of the Technical expert presented at the meeting. The CCC observed that the issue here is about the word ""smart"" as applicable to a home gadget, like a water purifier. No standard definition of smartness in this context exists. Kent unit, as described in the ad/literature provided, satisfies the context of being a ""Smart"" RO Water Purifier. The CCC concluded that the claim, Kent being a ""Smart"" RO Water Purifier was not objectionable. This complaint was NOT UPHELD. The complainant states with examples that there were are other RO water purifiers (Xiaomi’s Mi and Luminous Water Technologies' Livepure) with a ""smart"" tag and smart features before Kent's, so the claim of ""World’s first"" smart RO purifier is incorrect. The CCC reviewed the information available regarding Luminous Water Technologies' Livepure as well as Xiaomi. Both the Xiaomi and Livpure product introductions seem to pre-date the introduction of the Kent product. Also, contrary to the advertiser’s contention that the manufacturer, Xiaomi, has never called Mi Water Purifier, a Smart Water Purifier, the CCC noted that Xiaomi has a range of water purifier products presented as “Smart”. Based on this information, the CCC concluded that claim of Kent Superb is “World’s 1st” Smart RO Water Purifier, is false, not substantiated and is grossly misleading. The TVC, print advertisement, website, user manual and brochure contravened Chapters I.1 and I.4 of the ASCI Code. This complaint was UPHELD. "

 

COMPANY:"Amar Ujala Publications Limited"
PRODUCT:"No.1 newspaper of Uttar Pradesh"

COMPLAINT:

“Uttar Pradesh Ka No.1 Akhbhaar”

NATURE OF COMPLAINT:

"“The ad falsely claims a No.1 position based on circulation numbers. This is to bring to your notice an advertisement released by Amar Ujala on Friday 8th May, 2016. In the ad Amar Ujala has claimed to be No.1 in UP based on the ABC certificate of Jul-Dec 2015. Amar Ujala has clubbed the figures of Amar Ujala Main Paper and its lower priced variant to claim the No.1 position. The Amar Ujala Variant has a circulation of 3,44,764 copies and the Amar Ujala main issue has a circulation of 18,72,240 copies. Amar Ujala Main and Amar Ujala variant are 2 newspapers with 2 different price points and 2 different pagination levels. Priced at Rs 1.50, the variant is less than half the price of Amar Ujala Main. However, in making an advertising claim, they have been clubbed both the Main and the Variant to mislead both the Readers and the Advertisers. The simple truth is that Amar Ujala Compact is not same as Amar Ujala main paper. Amar Ujala has clubbed the circulation of Amar Ujala Main and Amar Ujala Variant and have compared it to Dainik Jagran and and have falsely claimed a leadership position. Heres the real picture of UP circulation as per ABC Jul-Dec 2015 : Dainik Jagran : 20,87, 485 copies Amar Ujala : 18,72, 240 copies….” "

Recommendation: UPHELD

""The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek a personal hearing and submitted their written response. The claim support data was reviewed by the technical expert of ASCI. The CCC viewed the print advertisement and considered the Advertiser’s response as well as the opinion of the Technical expert presented at the meeting. Advertiser states that the entire contents, facts & figures of Amar Ujala's advertisements were based on Jul-Dec 2015 report of ABC and credit of said report was mentioned in the aforesaid advertisement. As claim support data, the Advertiser provided Unit wise ABC certificates of Amar Ujala and Dainik Jagran for the State of Uttar Pradesh depicting Total Qualifying Sales, No. of Publishing Days, Average Circulation figures, etc. The ABC certificates on which the Amar Ujala ads are based themselves show the ‘Average qualifying sales’ as the sum of two newspapers Amar Ujala Main edition and the compact variant. The same figures have been shown in the ad with edition wise break up. The CCC noted that both the newspapers are neck to neck in competition and addition of a “compact variant” is tipping the balance in favour of the advertiser. However, the headline claim reads as , “Uttar Pradesh ka No. 1 Akhbaar” which should represent only a single newspaper and not combine two. The CCC concluded that the headline claim, “Uttar Pradesh ka No.1 Akhbaar”, is not substantiated and is misleading by ambiguity and implication. The print advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD. ""

 

COMPANY:"Arvind Lifestyle Brands Limited "
PRODUCT: "Flying Machine"

COMPLAINT:

"1: Obscene degrading women with sexual use of body parts qualifying visual too ... sic Degrading women. Sexual. End of creativity... Complaint 2: Young girl leaning on a car, the words what an ass written in bold letters. Derogatory and suggestive of women physical assests. Please bring down the ad down Complaint 3: The Ad has a woman in micro mini shorts standing over a car with the statement “What an Ass”. It is offensive and distasteful besides objectifying women. Complaint 4: The advertisement aims to sell denim shorts for women. The tagline of the advertisement reads ‘What an Ass’. I am a champion of equal rights for women. I am deeply disturbed by the vulgarity in an ad allegedly targeting 20 something women. I am equally appalled by the “dirty” ""misogynistic"" thinking of the entire company that has shamelessly exhibited it's lack of respect for decency when it comes to respectfully portraying women. I am not sure if men are so ""dumb"" that they cannot find smarter ways of selling their products meant for young women. ..This is sad but also a reminder for me as a mother of a pre teen son - to inculcate respect for women in him and to teach him that a woman in whatever dress she chooses to wear cannot be viewed as an ""object of desire"" Complaint 5: Hoarding seen with lady in short jeans washing a car in a seductive pose. The tag line says ""what an ASS"" Whatever the pun intended in the advertisement, it surely does not convey that. Instead it goes on to objectify women and potrays women as objects of desire. Is that how we want of girls to see themselves as objects of desire for men and is this how we want our boys to grow up believing, that women as just mere objects like their cars and toys to be used when they feel like? Complaint 6: Hoarding near MG ROAD Bengaluru , What an Ass ! Addressed to all those men who thought I was easy - By Flying machine .. This is a company selling jeans there is no need to resort to disgusting innuendos and vulgar representation of women and twisting words which reek of indecency. "

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the grievances of the complainants. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date. The CCC viewed the Ad – Hoarding and concluded that the outdoor advertisement with Ad headline “What an Ass!”, read in conjunction with the visual of a woman presented in a specific posture objectifies women. It is indecent and vulgar in representation of woman and likely to cause grave and widespread offence. The Ad – Hoarding contravened Chapter II of the ASCI Code. The complaints were UPHELD. "

 

COMPANY: "Clean Car "
PRODUCT:

COMPLAINT:

"Claiming for cleaning at cost of 10-rs. Per day but taking 400/ month and Sunday off.so rate goes for 16 rs. Per day .than why they claim for 10 rs.Per day. "

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the grievances of the complainant. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date. The CCC viewed the Ad – Pamphlet. In the absence of comments from the Advertiser, the CCC concluded that the claim in the Ad, “Clean Car @ Rs.10”, was not substantiated and is misleading. The Ad – pamphlet contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD. "

 

COMPANY:"Arvind Lifestyle Brands Limited "
PRODUCT: "Flying Machine"

COMPLAINT:

"Flying machine ad with a photograph of a female back says KISS MY ASS. We are crying for women safety but with such ads some culprits are motivated to commit crime against females "

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the grievances of the complainant. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date. The CCC viewed the Ad – Hoarding and concluded that the outdoor Advertisement with the Ad headline “Kiss my Ass!”, read in conjunction with visual of a woman in short jeans, objectifies women and is likely to cause grave and widespread offence. The Ad – Hoarding contravened Chapter II of the ASCI Code. The complaint was UPHELD. "

 

COMPANY: "Fair pharma "
PRODUCT:

COMPLAINT:

"The advertisement claims that their medicines can treat 1. Kidney diseases, as an alternative for dialysis, within 50days (+ 3 months) 2. Life threatening viral disease. (Supposedly HIV) within 100 days. 3. Eliminate Hepatitis B/C, Human Papilloma Virus from blood which can not be eliminated by chemotherapy/radiation or surgery. Within 50 days. 4. Rheumatic valvular disease within 100 days. This advertisement which I have seen in a leading Telugu daily makes totally false claims about their medicines. If they can really treat those diseases as they have claimed they can very well get a Nobel in medicine. It is highly misleading and can prove dangerous to the health of the recipients. "

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the grievances of the complainant. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claims in the Ad (in Telegu) as translated in English, that “their medicines can treat Kidney diseases, as an alternative for dialysis, within 50days (+ 3 months)”, “Life threatening viral disease within 100 days”, “Eliminate Hepatitis B/C, Human Papilloma Virus from blood which cannot be eliminated by chemotherapy/radiation or surgery. Within 50 days”, “Rheumatic valvular disease within 100 days”, were not substantiated and are grossly misleading by exaggeration. Also, specific to the claim implying treatment for Rheumatism, the advertisement is in Breach of the law as it violated The Drugs & Magic Remedies Act. The advertisement contravened Chapters I.1, I.4 and III.4 of the ASCI Code. The complaint was UPHELD. "

 

COMPANY: "Muliya Properties "
PRODUCT:

COMPLAINT:

“See the advertise here 916 quality site is mentioned. according to our knowledge there is no such site. it is from madikeri coorg karnataka”

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the grievances of the complainant. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claim in the Ad, “916 quality house site at Madikeri”, was not substantiated and is misleading. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD. "

 

COMPANY:"Herbo Remedies Research Center "
PRODUCT: "Piles Boon"

COMPLAINT:

"1. Complete Removal of Piles 2. Very much easy and beneficial treatment in 5/10 days. "

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the grievances of the complainant. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claims in the Ad (in Hindi), as translated in English, “Complete Removal of Piles”, “Very much easy and beneficial treatment in 5/10 days”, were not substantiated and are misleading. Also, specific to the claims implying treatment/cure for Piles, the Ad is in Breach of the law as it violated Schedule J of The Drugs and Cosmetic Act, 1940 and Rules, 1945. The advertisement contravened Chapters I.1, I.4 and III.4 of the ASCI Code. The complaint was UPHELD. "

 

COMPANY:"Madhur Ayurveda Pvt. Ltd. "
PRODUCT:"Madhur Range of Products"

COMPLAINT:

“Increase height by adopting ayurveda. If you find no difference, or get your money back”

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the grievances of the complainant. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claims in the Ad (in Gujarathi), as translated in English, “Increase height by adopting ayurveda. If you find no difference, or get your money back”, was not substantiated and is misleading. Also, specific to the claims related to increase in height, the advertisement is in Breach of the law as it violated The Drugs & Magic Remedies Act. The advertisement contravened Chapters I.1, I.4 and III.4 of the ASCI Code. The complaint was UPHELD. "

 

COMPANY:"Win-Up Herbal Power Capsule "
PRODUCT:

COMPLAINT:

"1. “WIN-UP - WIN-UP is very effective old age and weakness due to diabetes, Hand and foot numbness, childhood mistakes etc. Because it is made up of pure shilajit,Abhrak bhasm,lohbhasm etc that keep away every kind of weakness.” 2. “Herbal Power Capsules” 3. “Safe And Harmless” 4. “Increase Agility, Passion” 5. “Use “Time-On” in case of Wet Dreams And for Desired Time” 6. “ For Men Only” The visual in the advertisement implies that the product is meant for enhancement of sexual pleasure, which is in breach of the law as it violates The Drugs & Magic Remedies Act. "

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the concerned Media (Dainik Jagran) for their assistance in providing the contact details of the advertiser, or to forward the grievances of the complainant to the advertiser. The CCC noted that no response was received from the advertiser or from the concerned media prior to the due date. The CCC viewed the print advertisement. In the absence of response from the concerned media and comments from the advertiser, the CCC concluded that the claims in the Ad (in Hindi), as translated in English, “WIN-UP - WIN-UP is very effective in old age and weakness due to diabetes, Hand and foot numbness, childhood mistakes etc. Because it it is made up of pure shilajit,Abhrak bhasm,lohbhasm etc that keep away every kind of weakness”, “Herbal Power Capsules”, “Safe And Harmless”, “Increase Agility, Passion”, “Use “Time-On” For Wet Dreams And Desired Time”, “For Men Only”, were not substantiated and are misleading. Also, the claims, “Increase Agility, Nimbly ,Passion”, “Use Time-On in case of Wet Dreams And for Desired Time”, and “For Men Only”, read in conjunction with the advertisement visual implies that the product is meant for enhancement of sexual pleasure, which is in Breach of the law as it violated The Drugs & Magic Remedies Act. The advertisement contravened Chapters I.1, I.4 and III.4 of the ASCI Code. The complaint was UPHELD. "

 

COMPANY: "Aksir Dandan Tooth Powder "
PRODUCT:

COMPLAINT:

1.“Cures the pyhorea, tooth pain, tooth cavity, swelling in gums, bleeding gums, sensation of cold and hot water immediately."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the concerned Media (Amar Ujala) for their assistance in providing the contact details of the advertiser, or to forward the grievances of the complainant to the advertiser. The CCC noted that no response was received from the advertiser or from the concerned media prior to the due date. The CCC viewed the print advertisement. In the absence of response from the concerned media and comments from the advertiser, the CCC concluded that the claims in the Ad (in Hindi), as translated in English, “Cures the pyhorea, tooth pain, tooth cavity, swelling in gums, bleeding gums, sensation of cold and hot water immediately”, were not substantiated and are misleading. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD. "

 

COMPANY:"Koneru Lakshmaiah Education Foundation "
PRODUCT: "K L University"

COMPLAINT:

“Asia’s fastest growing University.”

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the grievances of the complainant. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date. The CCC viewed the TVC. In the absence of comments from the Advertiser, the CCC concluded that the claim in the Ad, “Asia’s fastest growing University”, was not substantiated with any date to prove that the advertiser’s institute is indeed growing faster as compared to other similar institutes in India and Asia and is misleading by exaggeration. The TVC contravened Guidelines for Advertising of Educational Institutions and Programs as well as Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD. "

 

COMPANY: "Johnson & Johnson"
PRODUCT:"Stayfree sanitary napkins"

COMPLAINT:

“Recent ad of this sanitary napkins aired on televisions claim that it is okay to kick and box practicing karate skills when a woman is undergoing menstruation. I have referred this to many doctors who are of opinion that women need to take rest during menstruation and take less physical strain. Kicking and boxing if encouraged, is surely detrimental to her health. Hence this advertisement must be immediately taken off air. The sense of shame and guilt associated with menstruation needs to be done away with but that doesn’t mean we go overboard and ask women to perform dare devil stunts during Menstruation. All such ads even by other brands if any should be completely banned. ”

NATURE OF COMPLAINT:

 

Recommendation:NOT UPHELD

"The advertiser representatives were given personal hearing by ASCI. The CCC viewed the TVC and considered the Advertiser’s response. Advertiser states that several Gynecologists & Obstetricians from different parts of India have confirmed that women can continue performing their regular activities, household duties, exercise & sports during menstruation. As claim support data, the advertiser provided letters from Indian Medical Association and few doctors from different parts of India supporting their positon as well as examples of sportswomen who have continued their physical activity during the menstrual period. The CCC concluded that the TVC showing the girl practicing karate during her menstruation was not objectionable and not in contravention of the ASCI code. The complaint was NOT UPHELD. "

 

COMPANY:"Havells India Ltd "
PRODUCT: "Havells Standard Fans "

COMPLAINT:

“best in the Industry air delivery” “aerodynamic blades” “standard fans build to deliver more air”

NATURE OF COMPLAINT:

"1) The ad claims best in the Industry air delivery. This needs comparative substantiation with independent scientific reports. 2) The TVC claims aerodynamic blades. Is this feature unique to this brand? If not then the claim is misleading by omission. Are not all fans supposed to have aerodynamic blades to deliver air? What is special about standard fans? 3) What is meant by standard fans build to deliver more air Deliver more air is a comparative statement which needs to be clarified."

Recommendation: UPHELD

"The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek a personal hearing and submitted their written response. The claim support data (submitted for an earlier complaint C.53) 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. Advertiser argues that by stating Best in Industry Air Delivery, aerodynamic blades, standard fans build to deliver more air, they are merely engaging in puffing, which is permissible as per law. The advertiser refers to testing reports of their two fans brands (Robusta and Cruiser) tested in Research & Development Laboratory which forms the basis of their claims in the TVC. The CCC noted that the advertiser has not given any comparative test data against other industry products to prove superiority of their product over others to claim “Best in the Industry Air delivery” and “standard fans build to deliver more air”. The CCC concluded that the claims, “Best in the Industry Air delivery” and “standard fans build to deliver more air”, were not substantiated. These claims imply better performance versus other products in the market and are misleading as this comparison is not factual. There is likelihood of the consumer being misled about the product advertised. The CCC also disagreed with the advertiser’s contention of the claim being puffery. The CCC referred to another judgement of the Delhi high Court in the matter of Colgate v/s HUL in 2013, that while hyped up advertising may be permissible, it cannot transgress the grey areas of permissible assertions, and if it does so, the advertiser must have some reasonable factual basis for the assertion made. It is not possible therefore for anybody to make an off the cuff or unsubstantiated claim that his goods are the best in the market. The TVC contravened Chapters I.1, I.4, IV (c), (d) of the ASCI Code. This complaint was UPHELD. The claim, “aerodynamic blades” highlights the features of the product advertised, which was not considered to be objectionable. This complaint was NOT UPHELD."

 

COMPANY:"Policy bazaar Insurance Web Aggregator Private Limited"
PRODUCT: "Policybazaar.com - Bike Insurance"

COMPLAINT:

"Complaint 1: Comedian and laughter show anchor Kapil Sharma assures audience not to get worried if they have not purchased / renewed vehicle insurance and police ask for vehicle insurance paper on road. He suggests to send picture of RC copy of the vehicle through mobile phone to policybazaar.com and get price quotes of various companies before purchasing policy instantly through mobile phone instantly. this implied that by this you can escape the penalty provision of law for not purchasing vehicle insurance . 1.The advt is unethical as it encourages unethical practices to evade penalty as per law. I understand having a insurance policy or not having insurance policy refers to the moment police ask for vehicle insurance paper. Suggesting post-purchase and producing this as evidence of valid purchase to evade penalty is not only ethical but also promotes huge malpractices by misuse of technology. 2. The advt is misleading as it tries to take leverage of popular misbelief that vehicle insurance is merely a regulatory formality without any real value. The advt dilutes real purpose of vehicle insurance in case of accident and loss. This may result further dilution of importance of insurance resulting wilful negligence in purchasing vehicle insurance policy on time. Complaint 2: Policy Bazaar Kapil Sharma Ad 8.52PM UTV Movies – Showing issues of insurance policy after Enquiry by police is objectionable. Date 14.05.216 . The Ad shows talking insurance policy by smartphone after stopping by police which spirit of law ."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

""The advertiser representatives were given personal hearing by ASCI. The CCC viewed the TVC and considered the Advertiser’s response. Advertiser argues that the TVC addresses a hypothetical situation, moreover the focus of the advertisement is not to avoid the penalty issued by the policeman but renewal of motor insurance . The TVC talks about how quickly one can access comparison of insurance policies, which helps in quickly choosing an insurance product. The CCC noted that the advertisement shows a situation wherein the two wheeler insurance is expired. The need of having the insurance is indicated in the event a policeman catches a person without insurance. The CCC concluded that the advertisement is misleading consumers to believe that they need not worry about lapsed policy and is encouraging negligence. The TVC contravened Chapters I.4 and III.3 of the ASCI Code. The complaints were UPHELD.""

 

COMPANY:"Vajiram & Ravi "
PRODUCT: "Kent-Air Purifier"

COMPLAINT:

“16 position with in the first 20 ranks and 36 positions within the first 50 ranks”

NATURE OF COMPLAINT:

"The claim 16 position with in the first 20 ranks and 36 positions within the first 50 ranks this is beyond far be true."

Recommendation:NOT UPHELD

"The CCC viewed the print advertisement and considered the Advertiser’s response. As claim support data, the advertiser provided application forms of students, Fees receipt of students, and summary sheet showing details for top 50 candidates qualified in CSE 2015. The CCC concluded that the claim, “16 position within the first 20 ranks and 36 positions within the first 50 ranks”, was substantiated. The complaint was NOT UPHELD."

 

COMPANY:"DoctorInsta ((DoctorInsta.com)"
PRODUCT:

COMPLAINT:

"I have received the trailing advertisement by e-mail. It is clearly in violation of the provisions of the Drugs and Magical Remedies Act, as it advertises treatment for diabetes, erectile dysfunction, etc. The website DoctorInsta.com also claims to have the best and brightest doctors, which is a superlative and a false claim. The website claims that diagnosis is by visual examination through video conferencing. This is extremely dangerous, firstly because a mere visual examination on video is prone to errors and is neither proper nor acceptable, and secondly exposing one's private parts and genital area over video could expose the patient to pornographic recording. (See link: http: //www.doctorinsta.com/sexology-what-we-treat.php) (Screenshot given below) The profile of the doctors on the website shows that they are MBBS doctors (assuming that their qualification is correctly stated), but are misrepresenting themselves to be specialists in certain fields such a diabetes, etc. The claim to specialization without qualification also constitutes a misrepresentation. The website is clearly a menace to society and such ads must be prohibited."

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 a personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date. The CCC viewed the website advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claims in the promotional e:mailer, “Consult the best and brightest doctors” “Goodbye Sexual Problems” were not substantiated and were misleading by gross exaggeration. The promotional e-mailer contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY: "Sonal Productions"
PRODUCT:

COMPLAINT:

"This is to inform you that Sonal Productions has published an advertisement in Marathi Daily Loksatta dt. 12.12.2015. They had jumbled names of 2 of their dramas and asked readers to suggest the correct ones. I had responded to this advertisement correctly on specified Mobile no 8828101085 from my mobile no 9967571461. They had promised to reward successful participants with tickets. The names are as under:- Perfect Mismatch Don’t worry be happy Production House has not declared the result yet, at least I have not come across. If it is already declared I would like to have the copy of communication and reason why my answer is not selected."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the grievances of the complainant. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date. The CCC viewed the print advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claim in the contest in Marathi (as translated in English), asking readers to identify the correct names from the jumbled words of two dramas, to win two premier show passes, was false and is misleading. The print advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Abhay Ayurvedic Pharmacy"
PRODUCT: "Abhay Medari"

COMPLAINT:

"I enclose herewith two Ads, one of “Abhay Medari” of Dr. Urmilaji and both published on 21/4/2016 and on 19/4/2016 respectively, in Divya Bhaskar, Vadodara. My objections are as follows: 1) “Abhay Medari” AD states that without exercise or dieting you can reduce 10 to 15 kgs of weight bin 3 months by taking slim fit Syrup and Tablets to reduce obesity. It is a gift of Ayurveda which is produced by well-known Ayurvedacharya Dr. Urmilaji. Helpline- 9096036212, 9921436273. Both these Ads are for promoting unethical products which contravene the Drugs and Magic Remedies Act. They also contravene ASCI code ch.1, ch.5(d). Kindly look into the above objections, call for company’s reply and decide on my complaint."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the grievances of the complainant. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date. The CCC viewed the print advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claims in Gujarathi (as translated in English), “Abhay Medari - without exercise or dieting you can reduce 10 to 15 kgs of weight in 3 months, by taking slim fit Syrup and Tablets to reduce obesity”, were not substantiated with clinical evidence or proof of efficacy for the product and are misleading. Also, specific to the claims implying treatment for obesity, the advertisement is in Breach of the law as it violated The Drugs & Magic Remedies Act. The advertisement contravened Chapters I.1, I.4 and III.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY: "Shathayu Ayurveda Pvt.Ltd."
PRODUCT: "Panchakarma"

COMPLAINT:

“Diabetes is a disease in which the body’s blood glucose (Sugar) level is too high. Normally, the body breaks down food into glucose and carries it to cells throughout the body. The cells use insulin hormone to regulate the glucose concentration in the blood. The excess glucose gets converted into energy. If the body doesn’t make enough insulin then blood sugar level rises. Panchakarma helps in balancing such variations.”

NATURE OF COMPLAINT:

"The 1st June Facebook Ad of shathayu Ayurveda appears to be misleading. https://www.facebook.com/shathayuwellness Diabetes is a disease in which the body’s blood glucose (Sugar) level is too high. Normally, the body breaks down food into glucose and carries it to cells throughout the body. The cells use insulin hormone to regulate the glucose concentration in the blood. The excess glucose gets converted into energy. If the body doesn’t make enough insulin then blood sugar level rises. Panchakarma helps in balancing such variations. Shathayu ayurveda has to clearly substantiate the claims when they make a statement that Panchakarma helps in balancing variations of blood sugar. Panchakarma is just a 10 or 15 days of course treatment and how taking panchakarma can manage the blood sugar fluctations of this serious disorder of lifetime. Because diabetes is directly associated with insulin resistance and what is the role of panchakarma in treating such kind of serious disorders."

Recommendation:NOT UPHELD

"The CCC viewed the facebook advertisement and concluded that the claim, “Panchakarma helps in balancing such variations” is a generic statement explaining the benefit of therapy and is not making any claim with respect to diabetes. This complaint was NOT UPHELD."

 

COMPANY: "Combined Counselling Board"
PRODUCT:

COMPLAINT:

“This is month of counselling for UG/PG programmes in India. But this website (http://www.ccbnic.in/Default.aspx) looks like making fake misleading claims about scholarships for students. Also the web url has [nic] in it for further wrongfully claim authentic and looks like govt websites which are with .nic extension.”

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the grievances of the complainant. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date. The CCC viewed the website advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claim, “Get up to 100% scholarship under this scheme” was not substantiated and is misleading. The CCC also observed that the website advertisement shows a picture of IIT, Mumbai, conveying this to be their campus which is false and grossly misleading and also the website address is made to appear like a government website with inclusion of “**nic.in” which is likely to mislead the consumers. The website advertisement contravened Guidelines for Advertising of Educational Institutions and Programs as well as Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY: "Rastriya Bal Vikas Samiti"
PRODUCT: "Khajuraho Institute of Hotel Management and Technology"

COMPLAINT:

"1 100% Job Guarantee 2 Within 90 days get A Job."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the grievances of the complainant. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claims (in Hindi) as translated in English, “100% Job Guarantee”, and “Within 90 days get A Job”, were not substantiated with details of batch size, enrolment forms, appointment letters and contact details of the students who got jobs. 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: "Career Plus"
PRODUCT:

COMPLAINT:

"“No. 1 Institute in pass India for UGC-CBSE, NET/JRF Exam.” “More than 100% Results.”"

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. CCC also noted that no response was received from the advertiser prior to the due date. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claims, “No. 1 Institute in pass India for UGC-CBSE, NET/JRF Exam”, and “More than 100% Results”, were not substantiated with supporting data and are misleading. The advertisement contravened Guidelines for Advertising of Educational Institutions and Programs as well as Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY: "Jagran Education Foundation (Jagran Institute Of Management & Mass Communication)"
PRODUCT:

COMPLAINT:

“With 90% Attendance, Get Guaranteed Placement.”

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the grievances of the complainant. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claim, “With 90% Attendance, Get Guaranteed Placement”, was not substantiated with supporting evidence and is misleading by ambiguity. 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: "Socrates Institute"
PRODUCT:

COMPLAINT:

“100% Guaranteed Results”

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 a personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claim (in Gujarathi), as translated in English, “100% Guaranteed Results”, was not substantiated 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: "Apparel Training and Design Centre (ATDC)"
PRODUCT:

COMPLAINT:

“100% Placement Assurance”

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

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

 

COMPANY: "Annai Fathima College"
PRODUCT:

COMPLAINT:

“Guaranteed Placement Since 1992”

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the grievances of the complainant. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claim, “Guaranteed Placement Since 1992”, was not substantiated with supporting evidence and is misleading by gross 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:"Dashmesh Academy "
PRODUCT:

COMPLAINT:

"“North India's No.1 Institute for Medical & Engineering” “Only Institute in North India to give 1st Ranker’s 4 Times”"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the grievances of the complainant. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claims, “North India's No.1 Institute for Medical & Engineering”, and “Only Institute in North India to give 1st Ranker’s 4 Times”, were not substantiated with comparative data versus other institutes and are misleading by gross 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: "ICS Coaching Centre"
PRODUCT:

COMPLAINT:

“Haryana's No.1 Centre”

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the grievances of the complainant. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claim (in Hindi) as translated in English, “Haryana's No.1 Centre”, was not substantiated with comparative data versus other similar institutes 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: "Singhania University"
PRODUCT:

COMPLAINT:

“100% Placement.”

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the grievances of the complainant. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claim, “100% Placement”, was not substantiated with details of batch size, enrolment forms, appointment letters and contact details of the students who got placements 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: "CMS Education Institute"
PRODUCT:

COMPLAINT:

“100% Placement.”

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the grievances of the complainant. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claim, “100% Placement”, was not substantiated with details of batch size, enrolment forms, appointment letters and contact details of the students who got placements 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: "Koneru Lakshmaiah Education Foundation (KL University)"
PRODUCT:

COMPLAINT:

“100% Placements in 2016”

NATURE OF COMPLAINT:

"This claim needs to be substantiated with necessary support data "

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the grievances of the complainant. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. CCC also noted that no response was received from the advertiser prior to the due date. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claim, “100% Placements in 2016”, was not substantiated with details of batch size, enrolment forms, appointment letters and contact details of the students who got placements 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: "Gujarat Co-operative Milk Marketing Federation Limited"
PRODUCT:"Amul Epic Choco Almond"

COMPLAINT:

"All advertising of the Epic ice cream by the company prominently displays the packaging which has a fraudulent and misleading image of the product. The image on the package leads one to believe that the product is homogeneous - dark chocolate inside and out. But, as the attached picture shows, the inside of the product is starkly different than as implied by the image on the package. The dark chocolate is merely the thin shell. Strong action needs to be taken against the company for such glaring and audacious unethical practice"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The advertiser representatives were given personal hearing by ASCI. Advertiser states that Amul EPIC is available in three variants; each of the variant has a different core while the top coating is common as Belgian dark chocolate. As claim support data, the advertiser provided packaging artwork of the three product variants. Also, the advertiser personally submitted samples of the product. The CCC viewed the product packaging, referred to the actual product sample provided by the advertiser and considered the Advertiser’s response. Based on the review of the sample submitted by the advertiser versus visual on its packaging , the CCC concluded that the visual representation on the product packaging is misleading. The visual on the packaging shows the product core to be dark brown implying that the product contains more of chocolate whereas the core is not as dark as depicted on pack. The product packaging contravened Chapter I.4 of the Code. The complaint was UPHELD."

 

COMPANY: "Chemical Resources"
PRODUCT:"Furocyst"

COMPLAINT:

"1. “An Advanced Form of Ayurveda, merging nature and science 2. Clinically Evaluated 3. U.S. Patented Ingredient”"

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 claim support data was reviewed by the technical expert of ASCI. The CCC viewed the print advertisement and considered the Advertiser’s response as well as opinion of the Technical expert presented at the meeting. As claim support data, the advertiser provided copy of product packaging, copy of product leaflet, FSSAI Certificate, and clinical study report. The CCC noted that the product is not combination of traditional herbal remedies as claimed. It contains only actives from plant Fenugreek. This product cannot be claimed as Ayurvedic as it has undergone major phytochemical changes and therefore any reference to Ayurveda texts exclusively for the therapeutic claim is irrelevant. The claim of “US patented ingredient” was considered to be false as the data submitted was only for a process patent for extraction method. The clinical study report refers to the Fenugreek extract however, the product and the study ingredient are not clearly stated to be same. The CCC expressed their concern for promotion of this “food” product in conjunction with medical condition of Polycystic Ovary Syndrome and projection of the product as an “advanced form of Ayurveda”. The communication was considered to be grossly misleading by ambiguity and implication as well as encouraging unsafe practices among consumers. The CCC concluded that the claims, “An Advanced Form of Ayurveda, merging nature"

 

COMPANY: "KLF Nirmal Industries (P) Ltd"
PRODUCT:"KLF Nirmal Virgin Coconut Oil"

COMPLAINT:

“Consuming two spoons daily increases your immunity, boosts energy, balances total cholesterol and helps manage weight."

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 has stated the benefits of the coconut oil basis a benefits brochure by the Coconut Development Board but did not provide any clinical evidence in support of the specific claims being made. The CCC concluded that the claims, “Consuming two spoons daily increases your immunity, boosts energy, balances total cholesterol and helps manage weight”, were not substantiated with credible clinical or published scientific data and are misleading. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY: "Parle Product Pvt Ltd"
PRODUCT: "Bakesmith Original English Marie biscuit"

COMPLAINT:

“Original English Marie”

NATURE OF COMPLAINT:

"My objections are as follows: 1) Company product name is Bake Smith which is registered trademark. Company calls their product as Bakesmith Original English Marie Biscuits On one side of the wrapper, the London bridge, the Westminster clock, the giant wheel and a double decker bus are shown to create an original English scene and there the company describes the story of Bakesmith Biscuits The Finest, Original Marie; Once upon a time, in the countryside of London, lived a beautiful young baker called Mrs .Smith. One day, while experimenting with her biscuit recipe, she happened to bake the world most love d biscuits, now popularly called Marie Soon, the Englishmen started queuing up to savour her rich tea biscuits and started calling her Mrs. BakeSmith. Inspired by her classic recipe, we bring you the Original English Marie; BakeSmith Marie Bakesmith is a registered trademark of Parle Products P. Ltd, Mumbai.The biscuits are manufactured in India by more than half a dozen companies and marketed in India by either Parle Products P. Ltd, Mumbai or Parle Biscuits P. Ltd., Mumbai. Nowhere on the wrapper there is any mention of any tie-up or collaboration or even permission to use BakeSmith name and the biscuits are called; BakeSmith Original English Marie Biscuits This is really an ingenuous way of cheating the consumer to pass-on their own biscuits under the name of the English Original Biscuits How; BakeSmith name was granted Trademark to the company when it has absolutely no connection with the English BakeSmith baker or her company? 2) The biscuits shown on the wrapper with the English Baker photo and BakeSmith Original English Marie name are again printed to impress upon the consumer that these are the ;real English Original Biscuits& Even I had asked the shopkeeper which company biscuits are these? And he replied its Parle biscuits. So company is trying to pass-off their own product under the famous name of Bake-Smith without any propriety rights. 3) The consumer has no time and interest (except like me) to read what is printed in small letters on the wrapper. He is only concerned with what is shown in bold letters and in attractive fashion the product name. He is duped and the company wins. This kind of ploy employed by manufacturers to dupe the consumer should be stopped. Kindly look into the above objections, call for company reply and decide on my complaint. Kindly keep me informed."

Recommendation: UPHELD

""The advertiser was granted an extension of three days to submit their reply in response to their request for extension. The advertiser representatives were given personal hearing by ASCI. The CCC viewed the product packaging and considered the Advertiser’s response. As claim support data, the advertiser provided packaging of BakeSmith (various SKU’s), Trademark Application copy, FSSAI license of Parle Products and Parle Biscuits, Various old pack designs of their brands of Marie biscuits, and Internal document referring their founders visit to England. Advertiser states that the story of Mrs. Smith (a fictional character) has been dramatized on the pack to bring across the message of Original English Marie biscuit and that they have applied for a trademark for “ Bakesmith”. The CCC noted that the Marie biscuits originated in England and the Advertiser is not the pioneer of the recipe, so they cannot claim to be “original”. Also, the attributes of the product is assigned to the fictitious character. The CCC concluded that quoting the story of a fictitious character and claiming the product to be “original English” Marie is misleading, and the packaging contravened Chapter I.4 of the Code. The complaint was UPHELD. The complaint against the name “BakeSmith” was NOT UPHELD.""

 

COMPANY: "Chemical Resource"
PRODUCT:"Furocyst"

COMPLAINT:

"A medical food furocyst (for management of PCOS , an endrocrine disorder experienced by women) makes it in the list of finalists to be awarded by Nutralngredients – USA in Geneva."

NATURE OF COMPLAINT:

“This Ad In INDIAN EXPRESS, NAGPUR Edition, Dated 22/04/2016, On 1st Page, Is About FUROCYST, A Product From CHERESO. This Product Is Promoted As “Medical Food "For The Treatment Of PCOS, A Gynological Condition. A Trial Is Still Going On At “Clinical TrialsGov.in & This Product Is Promoted Through Print Media With Obscure Data. Promoting A Drug As Medical Food Is Surprising.”

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 FUROCYST is clinically evaluated and information given in the advertisement is based on the Clinical trials. The claim, “A medical food furocyst (for management of PCOS, an endrocrine disorder experienced by women) makes it in the list of finalists to be awarded by Nutralngredients – USA in Geneva”, was based on category under which the product was selected for award by Nutraingredients. However, there was no substantiation provided for the same. The CCC expressed their concern for promotion of this “food” product as “Medical food” for management of PCOS, an endocrine disorder. The communication was considered to be grossly misleading by ambiguity and implication as well as encouraging unsafe practices among consumers. The CCC concluded that the claim, “A medical food furocyst (for management of PCOS, an endrocrine disorder experienced by women) makes it in the list of finalists to be awarded by Nutralngredients – USA in Geneva”, is not substantiated with evidence and is misleading. The advertisement contravened Chapters I.1, I.4 and III.3 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Heinz India Pvt Ltd"
PRODUCT: "Tomato Ketchup"

COMPLAINT:

"The advertisement depicts farmers picking tomatoes on a field while the voiceover says, “narm dhoop, taaze raseeley tamatar, kuchh khaas aur dher Sara pyaar”. Immediately in the following frame, Heinz Tomato Ketchup bottle is shown on the field which is picked up by a mother who endorses the said product as “100% natural” to her family. The concluding voiceover says “Heinz Tomato Ketchup, grown not made”.Heinz Ketchup bottle is shown on the farm as if it has grown there using “warm sunlight, fresh, juicy tomatoes, something special and a lot of love” and is immediately consumed at home. Even though in the concluding frame it is stated, “no artificial preservatives, no added starch, no artificial colours, no artificial flavours”, the voiceover says “grown, not made”, thereby connoting and emphasizing that Heinz Tomato Ketchup, which is claimed to be 100% natural” is grown on the farm using only sunlight, tomatoes, something special and love without any processing/manufacturing activity. The said Advertisement claims that Heinz Tomato Ketchup is “grown, not made” thereby misleading the consumers into believing that the said Product is grown (cultivated) on the farm using sunlight, ripe tomatoes etc. and not made using large scale manufacturing processes. The claim of the Advertiser is that its Product is grown on the farm and finds its way to the home of the end consumers, which is depicted through visual and voiceover. The advertisement clearly dismisses the notion of there being any manufacturing/industrial process involved. Accordingly, the said Advertisement is NOT truthful. The Product in fact, is made using mass production techniques, whereas the Advertiser has depicted that the Product is grown on the farm. The Advertisement shows that the bottle of the Product is cultivated on the farm (with voiceover saying “narm dhoop, taaze raseeley tamatar, kuchh khaas aur dher sara pyaar) and then the mother picks up the bottle of the Product directly from the farm and serves the same to her family. Towards the end the voiceover again emphasizes on “grown, not made”. It is therefore clear, that the Advertiser has misled the consumers into believing that their Product is grown on the farm and does not involve any manufacturing/mass-scale production. The claim “grown, not made” with the said visualization and voiceover clearly leads the consumers into believing that the Product is grown on the farms. A consumer is not likely to know the exact process of manufacture of the Product. In fact, the Product goes through a manufacturing process on a mass scale in an industrial setup. However, the Advertiser has conveniently chosen to play on the ignorance of the consumers and misleading them into believing that the Product is grown on the farms. The Advertisement shows that the Product is grown on the farms using only sunlight, tomatoes and love. The consumers are likely to purchase the Product assuming certain health benefits of consuming ketchup containing only sunlight, tomatoes and love, which is contrary to the actual practice of manufacturing the Product. It is submitted that “grown, not made” claim of the Advertiser may reasonably be interpreted as a health/nutritional claim as the consumer is led to believe that the Product is grown at a farm, it is implied that there is no mass-scale production involved, and the consumer may reasonably expect the Product to have certain health benefits in consuming the said Product. It may be noted that this cannot even be considered to be a puffery as the product is made on a mass production scale and is not customized/personalized and definitely involves manufacturing/processing/packaging activity, contrary to what has been wrongfully depicted in the advertisement. Therefore, it is submitted that the claim of “grown, not made” made by the Advertiser in the advertisement is unsubstantiated, mischievously crafted to mislead the consumers, false and misleading and comes without any relevant disclaimers and qualifiers whatsoever."

NATURE OF COMPLAINT:

Recommendation:NOT UPHELD

"The advertiser representatives were given personal hearing by ASCI. The CCC viewed the TVC and considered the Advertiser’s response. Advertiser states that all the ingredients used in Heinz Tomato Ketchup are 100% natural with no artificial preservatives, colours, flavours, and no added thickening agents. ""Grown, Not Made"" is a catchy tagline / advertising slogan and also a registered trademark of Heinz Tomato Ketchup used worldwide launched in 2009 and 'is a product of creative advertising. The CCC concluded that the claims, “100% natural”, and “Grown, Not Made”, are not false or misleading. The complaint was NOT UPHELD."

 

COMPANY: "Patanjali Ayurved Limited"
PRODUCT:"Patanjali Energy Bar"

COMPLAINT:

“Chocolate ki bhuri aadat se chutkara payein”

NATURE OF COMPLAINT:

"An advertisement by M/s Patanjali on TV channels they are advertising about some energy Bar recently launched by them and call it a replacement of chocolates a statement in the advertisement while recommending to eat energy bar says '' CHOCOLATE KHANE KI BURI AADAT SE CHUTKARA PAYEIN'' This is illogical where it is mentioned in any Medical journal that eating chocolates is a Bad habit on the contrary chocolate is considered a good health supplement. This is a misleading advertisement and should be withdrawn forthwith"

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. CCC also noted that no response was received from the advertiser prior to the due date. The CCC viewed the TVC. In the absence of comments from the Advertiser, the CCC concluded that the claim in the TVC, “Chocolate ki bhuri aadat se chutkara payein”, was not substantiated and is misleading. Also, the claim unfairly denigrated the entire class/category of chocolates. The TVC contravened Chapters I.1, I.4 and IV.1(e) of the ASCI Code. The complaint was UPHELD."

 

COMPANY: "Shakti Industries"
PRODUCT:"Rajdhani Oil"

COMPLAINT:

"“It decreases the level of body cholesterol and protects from heart diseases.” 2. “It has anti-bacterial, anti-fungal and anti-inflammatory qualities that is helpful in reducing the swelling of the stomach layer” 3. “Reduces the risk of Cancer” 4. “It reduces the joints pain along with skin and hair.”"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the grievances of the complainant. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claims (in Hindi) as translated in English, “It decreases the level of body cholesterol and protects from heart diseases”, “It has anti-bacterial, anti-fungal and anti-inflammatory qualities that is helpful in reducing the swelling of the stomach layer”, “Reduces the risk of Cancer”, “It reduces the joints pain along with skin and hair”, were not substantiated with clinical data and product efficacy data. Also, the claims were considered to be misleading. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY: "Aachi Food Products Range"
PRODUCT:"Aachi Masala"

COMPLAINT:

"1. “India’s No.1 Masala Brand” 2. “India’s Most Trusted Brand-Awarded by TRA.”"

NATURE OF COMPLAINT:

Recommendation:NOT UPHELD

"The CCC viewed the print advertisement and considered the Advocate’s response on behalf of the Advertiser. As claim support data, the Advertiser provided photographs of the awards received. The CCC concluded that the claims, “India’s No.1 Masala Brand”, and “India’s Most Trusted Brand-Awarded by TRA”, were substantiated. The complaint was NOT UPHELD."

 

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

COMPLAINT:

“Its rich antioxidants help prevent ageing.”

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 various studies and research done on Tulsi and Green tea proves that both are abundant in antioxidants. As claim support data, the advertiser provided details of the extracts of various research papers which show that Antioxidants have delays the process of ageing and also promote longevity. The CCC concluded that the claim, “Its rich antioxidants help prevent ageing”, was inadequately substantiated and is misleading. No clinical data was provided in support of this claim. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"MSG All Trading International Pvt. Ltd (MSG Products) "
PRODUCT:

COMPLAINT:

“Please take a complaint for this ad for making unsubstantiated claims and denigrating all other products. ”

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI had approached the advertiser for their response in addressing the grievances of the complainant. However, in the absence of response prior to the due date, the matter was examined by the CCC on the basis of the materials available then and an exparte decision was taken. On receiving the CCC’s recommendation, the advertiser informed that they had not received ASCI’s earlier communication. ASCI accepted their response for a Review of the CCC recommendation. The advertiser representatives did not seek a personal hearing. The CCC viewed the TVC and considered the Advertiser’s response. Advertiser stated that the advertisement is an honest attempt to project the message about the pesticides in food and eatables placed on table and not for any particular brand or all eatables and food available in market. The CCC concluded that the claims (in Hindi) that “all other food items contain poison and pesticides” were not substantiated with supporting evidence. Also, the claims are misleading by exaggeration and implication that consumption of other food is dangerous or hazardous, and unfairly denigrated the category of food items. The TVC contravened Chapters I.1, I.4 and IV.1 (e) of the ASCI Code. The decision of complaint being Upheld stands on Review. "

 

COMPANY:"Chanakya Ias Academy "
PRODUCT:

COMPLAINT:

“5 in Top 10 Rank 5,6,7,9 & 10 total Selections 353”

NATURE OF COMPLAINT:

A Claim of 5 in Top 10 Rank 5,6,7,9 & 10 total Selections 353. In the Hindu Delhi on 2nd May, 2016. A claim of 5 in top 10 Ranks 5,6,7,9&10 total selection 353. Is far from true of las coaching.

Recommendation: UPHELD

"The CCC noted that the advertiser has sought Informal Resolution of the complaint however, did not complete the formalities prior to the due dates for the same. Therefore the complaints was processed for CCC deliberations. 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. As claim support data, the advertiser provided details of students enrolment sheets for mock interview. The CCC observed that the advertisement refers to selections from their institute implying that the students have enrolled for the full training course. As the students referred in the advertisements had only taken up “mock interview” training, the advertisement taking credit for their success was considered to be misleading by ambiguity and omission. The CCC also noted that the claim, “5 in Top 10 Rank 5,6,7,9 & 10 total Selections 353”, was not substantiated with authentic evidence and validation by an independent third party. 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:"Makemytrip India Pvt Ltd (MakeMyTrip)"
PRODUCT:

COMPLAINT:

“100% off on hotel bookings on applying the coupon "HOTELFREE".”

NATURE OF COMPLAINT:

"Received on email as well as shown on their website, the advertisement claims and highlights 100% off on hotel bookings on applying the coupon ""HOTELFREE"". However, in details it mentions 70% discount followed by a 30% cashback on the discounted price. Leaving aside the fact that cashbacks do not mean ""off"", anyone with a basic knowledge of mathematics can figure out that 70% discount followed by 30% additional discount on it sums to only 79% of effective discount and not 100% as claimed."

Recommendation:NOT UPHELD

"The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek a personal hearing and submitted their written response. The CCC viewed the website/internet advertisement and considered the Advertiser's response. Advertiser states that the cashback is applicable on the base price of the respective hotel and the terms and conditions are also clear on this aspect. The CCC was of the view that the complaint appears to be complainant’s own assumption and his own experience. The CCC concluded that the claim in the advertisement, “Get 100% off on Hotel Bookings”, is qualified to mention break up of the discount offered -70% (instant discount) – 30% (cashback to wallet). The claim is not misleading. The complaint was NOT UPHELD."

 

COMPANY:"Jagran Prakashan Ltd (Dainik Jagran)"
PRODUCT:

COMPLAINT:

"Amar Ujala Newspaper has registered highest number of circulations in UP on the basis of Audit conducted by Audit Bureau of Circulations (“ABC”) for the Audit Period Jul-Dec 2015. As per certificates issued by ABC, the circulation of Amar Ujala in UP is 22,14,423 including variant. Amar Ujala shared this news with its readers & general public by publishing an advertisement on 08.05.16 disseminating source of figures and edition wise circulation. As per ABC report (JD 2015), the circulation of Dainik Jagran (“DJ”) in UP is 21,28,545 which is less than Amar Ujala’s circulation in UP. However, Dainik Jagran published an Advertisement on 11.05.16 stating itself to be No. 1 newspaper in UP, contradicting & falsifying the Audited figures of ABC*. DJ is publishing advertisements claiming to be number 1 newspaper in UP and thus presenting false, frivolous & misleading information to the readers & general public. Further, DJ has filed a wrong & malicious complaint before the ASCI against Amar Ujala to prejudice the views of Authorities, readers and general public. We request ASCI to take appropriate actions against Dainik Jagran on publishing erroneous advertisements."

NATURE OF COMPLAINT:

Recommendation:NOT UPHELD

"The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek a personal hearing and submitted their written response. The CCC viewed the advertisement and considered the Advertiser’s response. Advertiser states that as per Jul-Dec 2015, Dainik Jagran’s circulation in UP is 21,28,545 while Amar Ujala’s Circulation is 18,69,659. On a fair comparison of the 2 dailies, clearly Dainik Jagran is the No.1 newspaper in UP. The CCC concluded that the claim, “Uttar Pradesh ka No.1 Akhbaar”, was substantiated. The complaint was NOT UPHELD."

 

COMPANY:"Printvenue (Printvenue.com)"
PRODUCT:

COMPLAINT:

"“Flat 50% off on your first order. Valid on all products” “This Discount or Voucher is applicable on selected products”"

NATURE OF COMPLAINT:

"It is said on the ad, discount is valid on all products. T & C: 7th point says it's valid on selected products. I came across this ad while searching for engraved pen to gift to my cousin after l and after having selected the design and calculated money by considering the discount, in the end, the message is displayed that discount is not available for thisproduct. I have attached proof 1 where it is mentioned that the discount is valid on all the products where as in proof 2 at sl no. 7 it is given that the offer is valid only on select products. Both the sentences are contradictory to each other. If it is only on selected products then why mention it as valid on all products with a star mark to view the terms and conditions. Its just like saying the hero of the movie is Salman Khan*. After the viewer has completely watched the movie, he sees the star at the end of the name only to realise that he's not the Salman Khan but some local Salman khan. These kind of advertisements with star mark fool the customers. Though I have not faced any monetary loss but I have lost time in selecting and designing the product only to realise in the end that the offer is valid only on selected products."

Recommendation: UPHELD

"The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek a personal hearing and submitted their written response. The CCC viewed the website/internet advertisement and considered the Advertiser’s response. Advertiser states that they had clearly mentioned in the Terms & Conditions that the offer is not valid on select products which are less than 5% of the total products on the site. The CCC noted that the main claim says that 50% offer is valid on all products, whereas the terms and conditions state that maximum discount of Rs.500 per order is applicable on selected products. The CCC concluded that the claim, “flat 50% off on your first order valid on all products”, is misleading by ambiguity. The website advertisement contravened Chapter I.4 of the Code. The complaint was UPHELD."

 

COMPANY:"LG Electronics India Ltd"
PRODUCT: "LG Smart Inverter Refrigerator"

COMPLAINT:

"Man sees electricity bill and is happy that it is very low for the month. Woman remarks it is up to 48 percent less. Man tells his fridge he loves it. Woman finds the fridge full, touches a button and turns freezer to fridge to put in vegetables-tells the fridge she loves it. Electricity goes off, fridge works on inbuilt inverter, man opens the fridge and seeing it working, again says He loves it. Voiceover says LG loves you and saves everyday Claims: 1. New Smart Invertor Compressor2. Saves upto 48 percent Energy3. Dual fridge 4. 100 percent faster conversion from freezer to fridge5. Auto smart connect6. Consumes Power less than 2 CFL Bulbs"

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 a personal hearing and submitted their written response. The CCC viewed the TVC and considered the Advertiser’s response. Advertiser responded with counter queries without providing their specific comments on the complaint. ASCI addressed the queries and granted them an extension of four days to submit their reply. No response was received from the advertiser prior to the extended due date. In the absence of any product specific data from the advertiser, the CCC concluded that the claims in the TVC, “New Smart Invertor Compressor”, “Saves upto 48 percent Energy”, “Dual fridge”, “100 percent faster conversion from freezer to fridge”, “Auto smart connect”, and “Consumes Power less than 2 CFL Bulbs”, were not substantiated with technical data, and are misleading by ambiguity. The TVC contravened Chapters I.1 and I.4 of the Code. The complaint was UPHELD."

 

COMPANY:"Jai Hind Academy "
PRODUCT:

COMPLAINT:

"This advertisement belongs to a coaching institute. In this, there are details about their courses and selection in last year. Coaching is claiming 200 selections in last year in RAS exam. I have a doubt in this claim. Can they prove it?"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the grievances of the complainant. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claim in the Ad (in Hindi), as translated in English, “200 selections pre 2016 in RAS exam”, was not substantiated with authentic evidence and / or validation by an independent third party. Also, the claim is misleading by gross 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:"TalentSprint Education Services Private Limited"
PRODUCT: "TalentSprint Bank SSC-CGL coaching"

COMPLAINT:

"Advertisement is for coaching for Bank exam, SBI PO, SSC CGL and other Govt. exams Talent Sprint claims in its online advertising on Google: a) “Learn from India's leading faculty” b) “Best Govt. exam training” c) “Highest Success rates” Talent Sprint claims in its website www.talentsprint.com 1) “Best Online coaching for Bank & SSC-CGL Exams preparation” 2) “65% success rate” 3) “More candidates succeed at Talentsprint than any other institute” 4) “India's Best preparation platform” 5) “Trusted by 700000+ students” 6) “India's Best faculty”"

NATURE OF COMPLAINT:

"All the claims being done by Talentsprint on its website as well as on the Google advertising are misleading to a large extent and are very vague. i) Their claims- Best Govt. Exam training, Best online coaching for Bank & SSC-CGL exams, India's Best preparation platform and India's Best faculty are totally misleading as on what parameters they are claiming to be the best. Do they have any comparative data to prove these claims? ii) Their claim of Highest success rate and More candidates succeed at Talentsprint than any other institute are completely vague and misleading as they have not shown any comparison with other similar institutes to prove these. Highest and more than any other are very ambiguous statements and are being used to lure students. iii) They also claim to have 65% success rate and trusted by 700000+ students but they have not given any further detail or not provided any substantiation or validation by any third party. With this success rate, do they mean that out of those over 7 lacs students more than 4.55 lacs students have got success? Do they have any substantiation or proof of this claim? All of the above claims by Talentsprint appear to be misleading, vague and fake."

Recommendation: UPHELD

"The advertiser representatives were given personal hearing by ASCI. The CCC viewed the website advertisement and considered the Advertiser’s response. Advertiser did not provide any supporting data to substantiate their claims and offered to modify the claims appropriately to avoid any superlative claims. The CCC concluded that the claims, “Learn from India's leading faculty”, “Best Govt. exam training”, “Best Online coaching for Bank & SSC-CGL Exams preparation”, “More candidates succeed at Talentsprint than any other institute”, “India's Best preparation platform”, “India's Best faculty”, being absolute claims were not substantiated with comparative data versus other similar institutes. The claims, “Highest Success rates”, “65% success rate”, “Trusted by 700000+ students”, were not substantiated with supporting data. Also, the claims were considered to be misleading. The website advertisement contravened Guidelines for Advertising of Educational Institutions and Programs as well as Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Astrolger Suman Rani"
PRODUCT:

COMPLAINT:

"“astrology with guaranteed result. This advertiser claim 100% result as well as black magic, vashikaran and cheat lots of customers. This is clearly misleading and cheating ads”"

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the concerned Media (Sandesh) for their assistance in providing the contact details of the advertiser, or to forward the grievances of the complainant to the advertiser. Advertiser responded prior to the due date. Advertiser argues that their advertisement shows 100 percent privacy and they are cautioning people not to go to people who are doing black magic or vashikaran. The CCC viewed the advertisement and considered the Advertiser’s response. The CCC concluded that the claims (in Gujarathi) related to astrology with guaranteed result, 100% black magic, vashikaran, were false, not substantiated, and are misleading by gross exaggeration. Also, the advertisement exploits the consumers’ lack of knowledge and is likely to lead to grave or widespread disappointment in the minds of consumers. The advertisement contravened Chapters I.1, I.4 and I.5 of the ASCI Code. The complaint was UPHELD."

 

COMPANY: "Pepsico India Holdings P.Ltd"
PRODUCT: "Kurkure Chilli Chatka"

COMPLAINT:

"You are being informed that Gurgaon (Haryana) based company, Pepsico Holdings Pvt. Ltd. (Frito Lays Division) which manufactures snacks named Lays, Kurkure and Uncle Chips!, has been cheating the consumers by deceiving and misleading them since past 8-10 months by giving misleading, wrong advertisements on the packings (packages) worth Rs. 5, 10, 20 of above mentioned food items (products), to which I also have been a victim since I had to buy Rs. 20/- Kurkure instead of Rs. 10/- to get 30% extra! Given below are the details of the relevant complaint :- In both the above mentioned Kurkure Rs. 20/- packagings (packages), consumers are being misled by giving wrong advertisement of 30% extra, when in fact only 6.6 gm. is being given extra on contents of 100 gm. while other Kurkure is being sold in normal way only. For your scrutiny, packing of wraps of Rs. 5, 10, 20/- verities of one Kurkure are being sent to you. Many other misleading advertisements of similar nature are being given on other products also in the form of gifts and they are being sold in the market by luring customers, when in fact probably these gifts would rarely be given to anybody! Therefore, I request you to keep the above mentioned facts in mind and investigate the matter of selling goods by giving misleading advertisements and take strict action against the company, and I and other customers should be given compensation for the money taken from us fraudulently and a ban should be put on future advertisements of this type with immediate effect. And a heavy fine should be imposed on past one year’s earnings of the company from the above mentioned food products’ sale through misleading advertisement and it should be deposited in Consumer Welfare Fund."

NATURE OF COMPLAINT:

 

Recommendation:NOT UPHELD

"The advertiser representatives were given personal hearing by ASCI, at which time the Advertiser provided product samples of three variants – Kurkure Green Chutney, Kurkure Chilli Chatka and Kurkure Masala Munch. The CCC viewed the product packaging and considered the Advertiser’s response. Advertiser states that Kurkure Masala Munch is sold under packaging of 100 grams and the packet contains 100 grams as claimed. Whereas the other two products, viz. Kurkure Chilli Chatka and Kurkure Green Chutney are sold with the declaration of containing 82 grams respectively on their packets and the offer was valid only on these two products, whereby they have added 30% extra and consequently offering 106.6 grams to the consumer at the cost of 82 grams. The CCC noted that the claim offer of “30% extra” is qualified on the pack to mention the break up of grammage - 106.6 g (82g +24.6g extra). The complaint was NOT UPHELD."

 

COMPANY: "Herbal Clinic "
PRODUCT:

COMPLAINT:

"“Ad No. 2 is for Japani Pattinuma Angavarthak machine. It is to be used to remove the defects of small size male organ, bent organ, thin organ, absence of sperm, incapability to produce children, premature ejaculation, ejaculation in sleep, impotency, aversion to sex, etc. with 30 day course of medicines spray, 8 GB memory card and Japani Pattinuma Angavarthak machine free. Phone- 09204470091, 09308570052, 09308712509. 2) AD No. 7 is for medicines for making breasts more attractive. In 28 days with companys medicines you will have your breasts more attractive, well-shaped, well-toned and round. Price Rs. 1575/- only. The machine for breasts treatment free. Phone- 09204470095. 3) AD No. 8 is for increasing height for short size young gents and ladies. Do not get disheartened. With several years� research by our experts our company has an unbeatable formula of ayurvedic herbs to increase the height. Medicines course costs Rs. 1575/- only. Phone-09204470093. All these three Ads are for marketing unethical products, which contravene the Drugs And Magic Remedies Act. They also contravened ASCI code ch.1, ch.5 (d).”"

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 grievances of the complainant to the advertiser. The CCC noted that no response was received from the advertiser or from the concerned media prior to the due date. The CCC viewed the print advertisement. In the absence of response from the concerned media and comments from the advertiser, the CCC concluded – Ad No.2 – The claims (in Gujarathi), as translated in English, “Japani Pattinuma Angavarthak machine is used to remove the defects of small size male organ, bent organ, thin organ, absence of sperm, incapability to produce children, premature ejaculation, ejaculation in sleep, impotency, aversion to sex, etc”, “with 30 day course of medicines spray, 8 GB memory card and Japani Pattinuma Angavarthak machine free”, were not substantiated and are misleading by exaggeration. Also, the claims related to the product benefit read in conjunction with the advertisement visual implies that the product is meant for enhancement of sexual pleasure, which is in Breach of the law as it violated The Drugs & Magic Remedies Act. The advertisement contravened Chapters I.1, I.4 and III.4 of the ASCI Code. This complaint was UPHELD. Ad No. 7 - The claims (in Gujarthi) as translated in English, “medicines for making breasts more attractive. In 28 days with companys medicines you will have your breasts more attractive, well-shaped, well-toned and round”, “Price Rs. 1575/- only. The machine for breasts treatment free”, were not substantiated and are misleading. Also, specific to the claims related to Breast development, “In 28 days with companys medicines you will have your breasts more attractive, well-shaped, well-toned and round”, and visual in the Ad implying bust enhancement, the Ad is in Breach of the law as it violated The Drugs & Magic Remedies Act. The advertisement contravened Chapters I.1, I.4 and III.4 of the ASCI Code. The complaint was UPHELD. Ad No. 8 - The claims (in Gujarathi), as translated in English, “for increasing height for short size young gents and ladies. Do not get disheartened. With several years� research by our experts our company has an unbeatable formula of ayurvedic herbs to increase the height. Medicines course costs Rs. 1575/-”, were not substantiated and are misleading. Also, the claims related to the height increase read in conjunction with the advertisement visual, is in Breach of the law as it violated The Drugs & Magic Remedies Act. The advertisement contravened Chapters I.1, I.4 and III.4 of the ASCI Code. This complaint was UPHELD."

 

COMPANY:"Mata Anupama Devi Metabolic Clinic"
PRODUCT: "Metabolic Remedy"

COMPLAINT:

“Ye Doctor ye sab bimari puri jhar se churane ka dawa karte hai. Dr. Vijay raghavan Facebook page.”

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek a personal hearing and submitted their written response. The CCC viewed the website advertisements and considered the Advertiser’s response. Advertiser states that he has proofs of successfully curing patients of type 2 diabetes and coronary artery blockages. But no supporting evidence was provided. The CCC concluded that the claims (in Hindi) as translated in English, “get rid of diabetes”, and “get rid of cancer, diabetes type 1 and 2, kidney failure, and other Autoimmune diseases with metabolic treatment”, were not substantiated with clinical evidence, and are misleading. Also, specific to the claims implying treatment/cure for diabetes type 1 and 2, cancer, kidney, the advertisements are in Breach of the law as they violate The Drugs & Magic Remedies Act. The website advertisements contravened Chapters I.1, I.4 and III.4 of the ASCI Code. The complaint was UPHELD."

 

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

COMPLAINT:

"I invite your attention to this advertisement https://youtu.be/CyoVyvAM6b8 Ad show people using mobile phones while they are present close to a petrol / fuel vending machines. It is often seen that fuel filling stations have signages that restrict the use of mobile phones near fuel vending machines. Presumably, this is done to prevent any safety hazards. If that is so, is the footage in these ads appropriate, where they show people using mobile phones in fuel filling stations? Complaint 2 Advertisement shows characters using Paytm on their mobile to pay for various services and products.Character pays at the petrol pump. Use of mobile is banned Complaint 3 In the advertisement a motor cycle rider is using his mobile near the petrol pump. This is an unsafe practice and may lead to accidents and hence this part of the advertisement should be removed. Complaint 4 In an advt a motorcyclist has been shown using paytm on his mobile at a petrolpump after fueling his bike. Use of mobile on a petrol station is prohibited. Paytm should suitably amend the advt to exclude above. Complaint 5 PAY TM AD. MAN ON BIKE WITH A LADY PILLION RIDER USING HIS MOBILE PHONE INSIDE A PETROL PUMP. USAGE OF MOBILE PHONE IS NOT ALLOWED AND DANGEROUS IN PETROL PUMP. THIS AD IS WAVING WRONG SIGNALS. Complaint no.6 In the TV commercial it is shown that a gentleman on a motorbike taking selfy in petrol retail outlet. Use of mobile phone in petrol retail outlet is banned as it pause hazard Use of mobile phone in a petrol retail outlet is banned as it pause hazardous conditions. Complaint no.7 In that advertisement one person was sending cash to petrol pump through his smart phone , using paytm app. It is strictly prohibited to use mobile phone at petrol pump . But in advertisement it was shown that the man was operating his mobile phone to send cash to petrol pump through his paytm app which is major flaw to human safety as it can cause fire . Complaint no.8 A guy is shown using mobile / smartphone 'Paytm' app at the petrol pump for payment. Dangerous act Using mobile phone at the petrol pump is life threatening and can cause serious accident so such act should not be shown. Complaint no.9 The advertisement shows a person using a mobile phone to make payment at a petrol pump. This is very dangerous as it sends a wrong message that it is ok to use mobile phones at petrol pumps. It is illegal to use mobiles at petrol pumps, as petrol is very volatile and inflammable. Complaint no.10 It is an advertisement in which the person pays his petrol pumps bill using paytm on his mobile We are told not to use mobile phones in a petrol pump. Whereas the advert shows its use in a petrol pump Complaint no.11 This is with reference to the numerous advts being shown on TV by PayTm. I have noticed one advt particularly bad from the safety point of view. The advt i am refering to is the one where a couple is shown filling petrol at a pump and the person is shown using the mobile to pay for the petrol via PayTm. The person is holding the mobile phone very close to the petrol gun, leave alone the fact that he is using the mobile inside a petrol station. It is totally a very dangerous thing to be asked by the advt to do by the general public. Hence i request you to please stop the continued promotion of this advt and also PayTm issue an apology and a advt informing the general public about the danger of using the mobile at petrol stations as, simply withdrawing the advt will not suffice as people who have seen the advt wil never know that doing what is shown in the advt is completly dangerous. Complaint no.12 The advertisement shows the customers paying to the vendor using e-wallet, at various location, including a supermarket counter, auto-rickshaw driver, and a petrol filling station. I have a problem with the depiction of making payment in a petrol station, using your smartphone. It is highly dangerous to use mobile phone in a petrol station, and can lead to major accident and fatality. Upon contacting PAYTM, they have replied that the PAYTM payment counters are located in safe areas. However it is not quite apparent in the advertisement, in which the actor, while on his motorbike is making the payment which is very close to the fuel dispenser. Kindly take this issue very seriously, as awareness level is already very low in India. The advertiser must make is amply clear that the payment counter is far from the fuel dispenser."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The advertiser was granted an extension of three days to the standard lead time of five days to submit their reply in response to their request for extension of 15 days. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek a personal hearing and submitted their written response. The CCC viewed the TVC and considered the Advertiser’s response. Advertiser argues that the actual distance as maintained at the time of shoot between the service station and the hand held mobile phone is much greater than what is prescribed by Petroleum Rules, 2002. The CCC concluded that the scene in the TVC showing “a motorcyclist using Pay TM on his mobile at a petrol pump after fueling his bike”, shows an unsafe and dangerous practice. Overall impact the advertisement creates would lead consumers to believe that it is safe to use mobile in the premises of a petrol pump. Also, one scene showing distance between the person using the mobile device and petrol pumps is visibly closer than 3 meters, which is violation of Clause C (3) of 4th Schedule of the Petroleum Rules, 2002. The TVC contravened Chapters III.3 and III.4 of the Code. The complaints were UPHELD."

 

COMPANY: "JHS Svengaard Laboratories Ltd"
PRODUCT: "Aquawhite toothpaste"

COMPLAINT:

"“Complaint 1: “Kya aap Oral ka bhi khayal rakhte hain? Double meaning, vulgar dialog. It is very disgusting. Should take action against ""AquaWhite""” Complaint 2: “Ad is having double meaning sentence like mother-in-law asking her daughter-in-law asking etc etc... I have seen this ad today in the morning on ndtv india news channel. It was very embarrassing as I was watching news and having breakfast with family. This ad is very vulgar and having double meaning sentences between family members and is not in accordance with Indian social norms.” Complaint 3: “I just watched the ad of This paste named ""AquaWhite"" on Ndtv Hindi news channel during 7pm news programme. it's clearly unethical and double meaning. Can't be watched with family and with children. please remove the ad ASAP.”"

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the grievances of the complainants. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date. The CCC viewed the TVC, and concluded that the dialogues between the mother-in-law and daughter-in-law are double meaning, crude and sexually suggestive, which is likely in the light of generally prevailing standards of decency and propriety, to cause grave and widespread offence. Also, in the context of an advertisement for a toothpaste, deliberate use of such dialogues used in the TVC is distasteful. The TVC contravened Chapter II of the ASCI Code. The complaints were UPHELD."

 

COMPANY: "JHS Svendaard Laboratories Ltd"
PRODUCT: "Aquawhite toothpaste"

COMPLAINT:

“Language of the artists presented this advertising is not related to toothpaste and interaction of these characters in any way is not worth watching with family. It literally does not present that the content of the ad is to advertise the toothpaste.”

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the grievances of the complainant. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date. The CCC viewed the TVC, and concluded that the dialogues between two characters shows in the TVC are double meaning, crude and sexually suggestive, which is likely in the light of generally prevailing standards of decency and propriety, to cause grave and widespread offence. Also, in the context of an advertisement for a toothpaste, deliberate use of such dialogues used in the TVC is distasteful. The TVC contravened Chapter II of the ASCI Code. The complaint was UPHELD."

 

COMPANY: "Bharti Airtel Ltd"
PRODUCT: "Airtel 4G My Plan Postpaid"

COMPLAINT:

“My Plan. Postpaid. Choose anything. No wastage”

NATURE OF COMPLAINT:

"“the Airtel 4G girl holding a cardboard with 'No Wastage' written on it, promoting their Airtel MyPlan. Saw the same on their website as well and heard an ad on radio on the same lines. This letter is being written with the intent of bringing the ASCI body to notice a misleading hoarding and radio ad being made by telecom giant Airtel. Being a postpaid plan customer, whose free minutes and SMS often go to waste, I was intrigued when I saw the Airtel hoarding that said “No Wastage” with their “MyPlan”. But to my dismay, when I called their customer care center, I realized the wrong tactics Airtel is using to sell their plan. The plan that starts at Rs.199, gives you ‘packs’ based on the price of the plan you select. One can choose between mobile internet, local calls, STD calls, roaming calls, national SMS and international calls against each pack. While I appreciate Airtel for introducing this new kind of postpaid plan, it still doesn’t guarantee zero wastage. As explained by the customer care executive, if by the end of my bill cycle I have my free minutes left I can convert into data or any other option of my choice. But when asked “What if I do not want to convert it, will you carry forward my free benefits to the next bill cycle?” the response was “No, it will lapse”. In this case I fail to understand as to how this is a “No Wastage” plan, since unused benefits will ultimately lapse. In addition to the hoarding put up across the city, I also heard a radio ad on Radio Mirchi this morning about the same “No Wastage” plan and the same ad is there on their website as well. Request you to look into the matter immediately and ensure Airtel doesn’t mislead customers. For your benefit, I have attached a picture of the hoarding I saw in Bandra (E) and a screenshot of their website, where they are making the claim”"

Recommendation:NOT UPHELD

The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek a personal hearing and submitted their written response. The CCC viewed the Ad – Hoarding and considered the Advertiser’s response. Advertiser states that in Myplan, the customer can choose to remove services he does not use from his plan and get more of the services he uses and thereby avoiding any wastage of the benefits available. The CCC concluded that the claim, “My Plan. Postpaid. Choose anything. No wastage”, is not misleading. The complaint was NOT UPHELD.

 

COMPANY:"Supertech Limited "
PRODUCT:

COMPLAINT:

“1000 families already moved in”

NATURE OF COMPLAINT:

"Supertech Limited has carried an advertisement on 5th June 2016 in TOI, Noida edition attached in the mail where in they have claimed 1000 families already moved in. The advertisement is misleading as I am a resident of Ecociti, Sector 137, Noida the same society & claim they have advertised. I will request for a list of all the 1000 residents who have already moved in with their Name, Flat Number, Mobile Number & email address with proof of their occupancy. False claim is in violation of ASCI guidelines."

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the grievances of the complainant. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claim in the Ad, “1000 families already moved in”, was not substantiated with supporting evidence and is misleading by exaggeration. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY: "Devbhumi Broadcast (P) Ltd"
PRODUCT: "Baba Salim Khan Ji"

COMPLAINT:

"“Andh viswas ka vigyapan dikha rahi hai. 1 june 9:20 pm Khabar fast news”"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the concerned Media (Devbhumi Broadcast) for their assistance in providing the contact details of the advertiser, or to forward the grievances of the complainant to the advertiser. The CCC noted that no response was received from the advertiser or from the concerned media prior to the due date. The CCC viewed the TVC (in Hindi). Advertiser is claiming that one can get solution on phone within 5 hours for all types of problems such as Love marriage main rukawat, santhan prapthi, Manchaha pyar mein dokha khaye hue premi premika, vashikarn aur mootkarni specialist, grahapravesh, naukri mein rukawat, desh vedish ki yatra mein rukawat, In the absence of response from the concerned media and comments from the advertiser, the CCC concluded that the claims in the advertisement were false, not substantiated, and are misleading by exaggeration. Also, the advertisement exploits the consumers’ lack of knowledge and is likely to lead to grave or widespread disappointment in the minds of consumers. The TVC contravened Chapters I.1, I.4 and I.5 of the ASCI Code. The complaint was UPHELD."

 

COMPANY: "Glaxosmithkline Consumer Healthcare Ltd"
PRODUCT: "Sensodyne Toothpaste"

COMPLAINT:

“8 out of 10 DENTISTS RECOMMEND SENSODYNE”

NATURE OF COMPLAINT:

"“I am filing a complaint with the ASCI, against the misleading/ illegal Advertising by SENSODYNE tooth paste. Advertisement : 8 out of 10 DENTISTS RECOMMEND SENSODYNE. The details about the DENTISTS (Their nation/ state/ district) is not given in the advertisement. It creates an impression that 8 out of 10 Dentists in INDIA recommend SENSODYNE. As long as recommendation of a particular brand of tooth paste by Dentists is prohibited in India,the claim by the SENSODYNE that ' 8 out of 10 dentists recommend SENSODYNE' is false, misleading & illegal”"

Recommendation:NOT UPHELD

"The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek a personal hearing and submitted their written response. The CCC viewed the print advertisement and considered the Advertiser’s response. The Advertiser states that the said claim is based on the findings conducted by TNS wherein 507 practising dentists were interviewed across four centres of Delhi, Kolkata, Hyderabad and Kochi. As claim support data, the advertiser provided a copy of the TNS research findings. The CCC concluded that the claim, “8 out of 10 Dentists Recommend Sensodyne”, was substantiated. Also, the claim is qualified to mention the source and date of research and criteria for assessment for the claim made in the advertisement. The complaint was NOT UPHELD."

 

COMPANY:"Renault India Pvt. Ltd"
PRODUCT:"Renault Lodgy"

COMPLAINT:

“Renault advertisement claiming it's MPV lodgy to be no. 1.”

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 Renault Lodgy has secured maximum number of awards in Multi Purpose Vehicle (MPV) / Multi Utility Vehicle category in the year 2016, based on various features of the vehicle and decided by the independent magazine juries. As claim support data, the advertiser provided a copy of the Press release of Auto Car announcing LODGY as MPV of the year. This data was considered to be inadequate. Advertiser did not provide published reports along with methodology of the findings in support of the claim, despite request from ASCI. The CCC concluded that the claim, “Renault Lodgy – India’s No.1 MPV”, was not substantiated with market share sales data, and is misleading. The advertisement contravened Chapters I.1 and I.4 of the Code. The complaint was UPHELD."

 

COMPANY:"Heritage School"
PRODUCT:

COMPLAINT:

"“The results/percentage shown in the advertisement doesn't match the 12th class result that students actually obtained from CBSE. School is openly publishing fake board results in daily newspapers misguiding general public and students. They are publishing false advertisements to lure parents and students for attracting more admissions.. I would like to complaint about the false advertisement published in newspaper named: ""Daily Excelsior"" by leading school named: ""Heritage Public School"" in Jammu The results/percentage shown in the advertisement doesn't match the 12th class result that students actually obtained from CBSE. This can be easily verified by entering the students roll number and school code (24013) in the CBSE results website: http://cbseresults.nic.in/ School is openly publishing fake board results in daily newspapers misguiding general public and students. They are publishing false advertisements to lure parents and students for attracting more admissions. Truth can also be verified by the fact that this Heritage School published different percentage of students in newspapers and a different percentage of students on its official FaceBook page. I request you to please accept my complaint and take immediate action against this misleading/fake result Ad.”"

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 details of the results/percentage of the students are published in the print media after taking the marks of best of four subjects obtained by the student, for which the Advertiser did not provide relevant supporting data, and the claim related to results/percentage of the students was considered to be misleading by omission. 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: "Asian Paints Ltd"
PRODUCT:"Royale Aspira"

COMPLAINT:

"“There was an advertisement in the Telegraph, 4th June 2016. The adv says SMS 'Aspira' to number 56161 to win an all-expense paid Singapore. I sent message as suggested in adv. and was told by them to buy Asian Paints Aspira paints , register the purchase for warranty and then ring toll free number 1800 209 5678 for enrolling in the contest. I purchased and registered for the warranty and contacted the above toll free number many times. They told to send a minimum 100 word slogan to this number 56161 but answer came in form of ""invalid keyword / message"". I again contacted the toll free number 1800 209 5678 but nobody is picking up. This advertisement is a misleading ad to jack up the sales.”"

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 there was a human error by their call centre agent in communicating the offer for which they have taken steps to minimize any miscommunication. The CCC concluded that the contest claim, “SMS 'Aspira' to 56161 and win an all-expenses- paid trip to Singapore for two”, is misleading by omission of a disclaimer qualifying the conditions under which this claim offer is tenable. The advertisement contravened Chapter I.4 of the Code. The complaint was UPHELD."

 

COMPANY:"Bharti Airtel Ltd "
PRODUCT:"Airtel 4G MyPlan - Postpaid"

COMPLAINT:

"“The brand ambassador of Airtel is seeing promoting a new postpaid plan, the 'MyPlan' where she, along with a bunch of people (looking like students) are protesting against 'wastage' incurred due to postpaid plans. Recent 'MyPlan' ad which misinforms people about there being 'no wastage' in the plan, which is not the case. I recently came across a television ad making the same promise. The plan is not really a 'No wastage' plan because there is no option to carry forward any left over minutes or data, which lapse by the end of the bill cycle. Request you to please look into the TV ad and take action against Airtel.”"

NATURE OF COMPLAINT:

Recommendation:NOT UPHELD

"The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek a personal hearing and submitted their written response. The CCC viewed the TVC and considered the Advertiser’s response. Advertiser states that in Myplan, the customer can choose to remove services that he/she does not use from the plan and get more of the services that are used thereby avoiding any wastage of the benefits available. The CCC concluded that the claim, “Airtel. My Plan. Postpaid. Choose anything. Waste Nothing”, was not misleading. The complaint was NOT UPHELD."

 

COMPANY:"Nadipathy Global Centre"
PRODUCT:"Nadipathy Treatment"

COMPLAINT:

"“Before Height- 159 cm” “1 Inch height growth in 4 days treatment of Nadipathy” “After 10 minutes- 159.5 cm” “1 Inch height growth in 4 days treatment of Nadipathy”"

NATURE OF COMPLAINT:

"Appeared in- TV9 channel Language- Telugu Description of the TVC The TVC starts by showing the height of 18-year-old Aditya being measured. On Day 1 of the Nadipathy treatment his height is 159 cm. On Day 4 he is 161.5 cm tall, that is around one inch taller. The TVC ends by claiming that the treatment guarantees one inch increase in height in four days. There is a visual of the pulse of a person being checked. Also, the name of the treatment centre is given as Acupressure Health Care Centre in Kakinada, Andhra Pradesh. The Page 24 of 31 advertiser, who is administering the treatment, is Dr. P. Krishnam Raju. Claim: 1 inch increase in height in 4 days with Nadipathy treatment Our objections 1. As per the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1955, no person or company shall take any part in the publication of any advertisement referring to any drug that is used for treating/changing the stature of person. Hence, this advt contravenes the law. 2. Schedule J of the Drugs and Cosmetics Rules, 1945 of India contains a list of diseases and ailments which a drug may not claim to prevent or cure. The list includes improvement in height of children/adults. Thus, this advt contravenes the law. 3. What is Nadipathy. The treatment is shrouded in mystery in the TVC. This is clearly misleading and dangerous. Gullible viewers may go in for the treatment desperate to gain in height without being properly informed about what the treatment entails or its side effects. 4. This lack of transparency raises doubts about the safety and efficacy of the treatment. 5. Has the treatment been approved by the Regulatory Authorities. 6. Is the treatment 100 percent safe. Can the advertiser prove this with independent studies. 7. Are there any side effects. Can people with specific health conditions take this treatment? Does it require a doctors supervision. 8. How can any treatment of this kind show effects in a few days as claimed. Will the person have to make dietary and lifestyle changes and do specific exercises for it to be successful."

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 this entire treatment process is to stimulate growth Hormones that facilitates Spinal cord & Bone size increase. This would increase from 10 minutes to 4 days of treatment. The advertiser’s response 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 most of these different therapies listed as Traditional Acupuncture, Traditional Marma therapy, Vedic Therapy, Yoga, Performing Exercises, Cupping Therapy, Seed Therapy, BeST ( Beach sand Therapy ), Color Therapy, Panchakarma Kati and other therapies, are not recognized by the law. No proof is provided to link Nadipathy effect with any Pituitary Gland. The Nadipathy is not approved by the Regulatory Authorities. No proof or clinical evidence was provided to support efficacy or safety of the treatment. The CCC concluded that the claims (in Telugu) as translated in English, “Before Height- 159 cm”, “1 Inch height growth in 4 days treatment of Nadipathy”, “After 10 minutes- 159.5 cm”, “1 Inch height growth in 4 days treatment of Nadipathy”, were not substantiated and are misleading by exaggeration. Also, specific to the claims related to treatment for height increase along with the visual shown, the TVC is in Breach of the law as it violated The Drugs & Magic Remedies Act. The TVC contravened Chapters I.1, I.4 and III.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Chennai Amirta Institute of Hotel Management"
PRODUCT:

COMPLAINT:

“Chennai Amirtha Institute of Hotel Management is advertising in TV channel (s) claiming they have 1000 plus teachers. This highly doubtful going by the scheme where students are put on the job training at hotels for 90% of time and only 10% class room session. This is as per their advt. I am enclosing a video of the TV broadcast for your scrutiny and action. Kindly take necessary action to stop this advt since it is admission time.”

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the grievances of the complainant. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date. The CCC viewed the TVC. In the absence of comments from the Advertiser, the CCC concluded that the claim in the TVC of “having 1000 plus teachers”, was not substantiated with supporting data, and is misleading. The TVC contravened Guidelines for Advertising of Educational Institutions and Programs as well as Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY: "Facilitas Healthcare"
PRODUCT:

COMPLAINT:

“I have received the trail mail, which advertises a laser therapy to cure smoking and tobacco addiction. This appears to be a new way found by scamsters and charlatans to fool consumers. Could ASCI take up this complaint? Thanks.”

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 Ad – emailer and considered the Advertiser’s response. Advertiser states that with the help of this therapy endorphins are released in the brain, which helps in eliminating cravings of nicotine. As claim support data, the advertiser provided trial conducted by Middlesex University, London. The CCC noted that this report does not conclusively prove the efficacy of the treatment. The CCC concluded that the claim, “Enjoy quitting smoking with innovative soft laser therapy of Facilitas”, was inadequately substantiated, and is misleading. The Ad – emailer contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"ITC Limited"
PRODUCT:"Sunfeast Farmlite Digestive All Good Biscuits"

COMPLAINT:

“"Print Ad mentions: “No Added Sugar or Maida”, “Did you know that Ordinary digestive Biscuits have more than 50% Maida and Sugar ....and you were made to think otherwise”. Visual depiction of a pack which contains Sugar, Maida and Biscuits in it. Sunfeast Farmlite Presents The Real Digestive. TVC mentions:- The protagonist of the impugned TVC is well-known celebrity actor and claims that Healthy Digestive Biscuits available in market are making false promises. The male protagonist of the TVC asks the actress to turn onto the back of pack where she reads ""Refined Wheat Flour yaani Maida"". The TVC claims the Advertiser’s product contains ""all good"" items. The basis for our statement is as follows: Use of term Refined Wheat Flour yaani Maida in the Advt"”

NATURE OF COMPLAINT:

""The said Advt is disparaging, contains misleading visual representation, claims, which are misleading to consumers and trade about the product quality of Digestive Biscuits, depicts pictures/ visuals that is baseless and unsubstantiated. We would like to state that the advertising is inaccurate and disparages other players in the market in general and Britannia Industries Ltd's product Nutrichoice Digestive in particular. The Advertiser is disparaging our product namely Nutrichoice Digestive by referring to the back of the pack of the product and mentioning with utter shock that it contains “Refined Wheat Flour yaani Maida"". It is worthy to mention that across the entire category of digestive biscuits, its only Britannia Industries Ltd's Nutrichoice Digestive product which mentions Maida as Refined Wheat Flour on back of the pack. All other competition products mention it as Wheat Flour. By making such reference, they have categorically targeted our product with malafide intention to disparage it. Usage of the term “The Real Digestive is finally here” – We take objection to the usage of the term “The Real Digestive”. This is disparaging to other products in the market and suggests that all other digestive biscuits are fake. The “digestive biscuits” category has been present in India and internationally for many decades. The category of digestive biscuits has many brands operating in the market, and subscribe to one common feature – the high fibre content that they have. All digestive brands that operate in the market, including ours subscribe to the FSSAI draft regulation of classifying products as high fibre if they contain a minimum of 6% Fibre per 100g. Copy of the regulation attached herewith as Annexure C. Further they also subscribe to the Codex High Fibre guideline (which states the claim for high dietary fibre should be 6g per 100g). Copy of the regulation attached herewith as Annexure D. The TVC also mentions that all other digestive biscuits only make false claims and infact are not healthy whereas the advertiser's product is the real Digestive. Visual representation of Digestive Biscuits – The visual representation of digestive biscuits shown by the advertiser is totally erroneous. The representation tries to suggest that digestive biscuits are made only from Maida and Sugar. 22.7% of the product (As claimed in their nutrition panel, scan of which is attached in Annexure F) is comprised of fat, which has no mention in this representation. In fact, the fat content in Farmlite Digestive is higher than all other digestive biscuits in the market. This is an incorrect representation. Also while their biscuit has no added sugar, natural sugars in this biscuit are still as high as 8.5% (Annexure F). Also the representative visuals of Ordinary biscuits shown in the advt (TVC and Print) showcases biscuits which have identical design like our Nutrichoice Digestive biscuit. Also in the TVC while referring to the declarations made on Back of the pack, there lays no doubt that the advertiser is wilfully denigrating our product. Usage of the term “All Good” – While the brand makes a strong claim of “All Good”, it is important to note that Farmlite Digestive has the highest fat amongst most digestive biscuits in the market. See Table below: Britannia Nutrichoice Digestive: 19.7g per 100g McVities Digestive: 21.2g per 100g Farmlite Digestive: 22.7g per 100g A comparison of the Nutrition panel of the above 3 brands is attached (Annexure G). Even the proportion of Saturated Fat is the highest amongst all digestive biscuits. The advertisement is misleading and speaks about how the product is all good while it comes to the wheat and sugar content it has, whilst it excludes the fat content from the advertising totally only to mislead the gullible consumers." "

Recommendation:NOT UPHELD

"The advertiser representatives were given personal hearing by ASCI. The claim support data was reviewed by the technical expert of ASCI. The CCC viewed the print advertisement and the TVC and considered the Advertiser’s response as well as opinion of the Technical expert presented at the meeting. Advertiser states that extensive on-the-ground research conducted by the Company provided the insight that the target demographic in the digestive biscuits category are health conscious and that their choice is positively influenced by the presence of whole wheat flour (atta) and lesser amounts/absence of refined wheat flour (maida) and/or sugar in the product. Refined wheat Flour is a recognized terminology accepted by food industry to represent ‘Maida’ in the ingredient list. This terminology is not unique to the complainant’s product and is used by number of other manufacturers. The CCC did not find the reference to refined wheat flour as maida to be objectionable. This complaint was NOT UPHELD. To support the terminology “real digestive” the Advertiser has submitted report on the research conducted by them. As per the report the consumers perceive digestive biscuits to be not only rich in fibre but also with Low sugar or less calories. Advertiser has also submitted examples of competitions campaigns revolving around this theme. Since Farmlite Digestive biscuits are made with “no maida” and “no added sugar”, the term, “the real digestive” was considered to be a communication and the USP of their product. This complaint was NOT UPHELD. The CCC noted that in Farmlite Digestive biscuits, no sugar is added and it does not contain maida as an ingredient. This has been visually represented on the pack by pictorial representation. The CCC did not consider this representation to be denigrating Nutrichoice Digestive Biscuits. This complaint was NOT UPHELD. Advertiser states that “All Good” is not a claim. It is only a sub brand for Digestive category. This complaint was NOT UPHELD."

 
 

 

 
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