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Advertising with a Conscience

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ASCI Recommendations
 

COMPANY: Shri Ram Murti Smarak International Business School
PRODUCT:

COMPLAINT:

“Salary Package 2011-13- Minimum: 3.00 Average: 4.00 2012-14- Minimum: 3.22 Average: 4.20” “% of Placements at the end of the Trimester (2012-14) IVth Trimester - 52% Vth Trimester - 24% VIth Trimester - 24%” “100% Placement assistance”

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. 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, “Salary Package - 2011-13 - Minimum: 3.00 Average: 4.00, 2012-14 - Minimum: 3.22 Average: 4.20”, “% of Placements at the end of the Trimester (2012-14) - IVth Trimester - 52% Vth Trimester - 24% VIth Trimester - 24%”, “100% Placement assistance”, were not substantiated. Also, the claim, “100% Placement assistance”, is likely to mislead the consumers that the advertiser is giving 100% assistance for placements. 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: Saveetha School of Management
PRODUCT:

COMPLAINT:

“Dynamic corporate relationship for 100% placements”

NATURE OF COMPLAINT:

This claim needs to be substantiated with necessary support data.

RECOMMENDATION: UPHELD

The advertiser was granted an extension of five days to the standard lead time of five days to submit their reply. 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 CCC viewed the advertisement and considered the Advertiser’s response. Advertiser states that their intention was only to convey to that they are striving for 100% placement through dynamic corporate relationship. The CCC concluded that the claim, “Dynamic corporate relationship for 100% placements”, was not substantiated with supporting data. Also, the claim is misleading by ambiguity in the absence of disclaimer/qualifier. 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: Jaipuria Institute of Management
PRODUCT:

COMPLAINT:

“Near 100% Placement with average package of Rs.5.68 lac and highest package of Rs.13 lac” Jaipuria Lucknow – “Near 100% Placement with average package of Rs.5.68 lac and highest package of Rs.13 lac” Jaipuria Jaipur – “Near 100% Placement with average package of Rs.5.68 lac and highest package of Rs.13 lac.” Jaipuria Indore – “Near 100% Placement with average package of Rs.5.68 lac and highest package of Rs.13 lac.”

NATURE OF COMPLAINT:

These claims need to be substantiated with necessary support data.

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 advertisement and considered the Advertiser’s response. The advertiser submitted placement report for batch 20132015 as on 31st July 2015, as support data for the claim of average and highest CTC offered. However, there was no additional evidence to prove that the individual students were indeed given the offer. The CCC concluded that the claim, “Near 100% Placement with average package of Rs.5.68 lac and highest package of Rs.13 lac”, was not substantiated with authentic data. Also, the claim of “Near 100% Placement” 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: Bharatiya Vidya Bhavan Bhubaneshwar Kendra- Bhavan’s Centre for Communication and Management (BCCM)
PRODUCT:

COMPLAINT:

“100% Placement”

NATURE OF COMPLAINT:

This claim needs to be substantiated with necessary support data

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 advertisement and considered the Advertiser’s response. As claim support data, the advertiser provided placement details of students for last years (2013-15, 2012-14, 2011-13, 2010-12, 2001-11), and details of companies where students have been placed. The CCC concluded that the claim, “100% Placement”, was inadequately substantiated in absence of detailed list of students who have been placed through their Institute, their contact details, enrolment forms, the batch size of the students and appointment letters received by the students 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: Medinn Belle Herbal Care (P) Ltd
PRODUCT: Endura Mass

COMPLAINT:

“India’s most trusted weight gainer”

NATURE OF COMPLAINT:

Complaint “Our objections: 1. How does Endura Mass claim to be India’s most trusted weight gainer? Is it backed by Independent report? 2. Gaining weight and being fit is a false statement. They are independent of each other. 3. Has the product been approved by any National/International Regulatory Authority? 4. Has the results been confirmed by an Independent Agency? 5. How long does it take for the product to show results? 6. What conditions are required for this? 7. How long does the effect lasts? What conditions are required for this? 8. Is the treatment safe for all patients? What are the side effects? 9. Claims 1 to 4 need to be substantiated with independent scientific studies.”

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 in the Ad, “India’s most trusted weight gainer”, was not substantiated and the claim is misleading by exaggeration. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD.

 

COMPANY: TathaGat- One-Year Classroom Program
PRODUCT:

COMPLAINT:

"The Best MBA Entrance Preparatory Institute in Delhi" "Total 500 students enrolled for CAT-15”

NATURE OF COMPLAINT:

1. The advertiser has published ad in Time of India, Delhi on 8th February, 2016 epaper page 39 for CAT-15 results. Claims are "The Best MBA Entrance Preparatory Institute in Delhi" & "Total 500 students enrolled for CAT-15 2. Content on their website http://www.totalgadha.com/ mentions that they have enrolled total 350 students for CAT 15. Website link:http://totalgadha.com/mod/resource/view.php?id=1160 1. Numbers mentioned for total students enrolled for CAT-15 in Advertisement published in Times of India is 500 whereas on their website they have mentioned total students for CAT-15 as 350 . Website link http://totalgadha.com/mod/resource/view.php?id=1160 . it is itself a varying and fake statement. It indicates that they are just randomly putting the numbers. is there any base for these numbers? 2. They have used a statement in their newpaper ad "The Best MBA Entrance Preparatory Institute in Delhi", what are the parameters to state that it is a "The BEST MBA Entrance preparatory Institute"? do they have any comparative data or thirdparty validation for this? all the aforesaid claims are misleading and baseless. Advertiser/institute should be asked to substantiate their claims and clarify contradiction in their statements on website and Newspaper 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 CCC viewed the print advertisement and considered the Advertiser’s response. Advertiser stated that their website advertisement showed an outdated data for CAT 2012 which is being updated. Their claim, "The Best MBA Entrance Preparatory Institute in Delhi", is based on an internal survey done amongst their own students. Advertiser did not provide a copy of this survey report. The CCC concluded that this claim is an absolute claim and was not substantiated with comparative data to prove how their institute is better than all other institutes and the claim is misleading by exaggeration. Also, the claim, "Total 500 students enrolled for CAT-15”, was not substantiated with supporting proof. 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 Learning Resources Pvt. Ltd (IMS Clat 16/17)
PRODUCT:

COMPLAINT:

1. “Aswij Ramaiah as AIR rank 1 in NLU-D 2012 exam” 2. “2000 selections in in NLUs so far.”

NATURE OF COMPLAINT:

“Times of India" Lucknow Edition. Print Advertisement on page 3. Mentions Aswij Ramaiah as AIR rank 1 in NLU-D 2012 exam. Has Aswij Ramaish got AIR rank 1 in NLU-D 2012 and it also says 2000 selections in in NLUs so far from IMS learning resources. Is this information true or misleading and is this information validated by documents.The * mark also clears that Aswij is AIR rank 1 in 2012. the details of the AIR rank 1 which is explained by the * mark is in very small print and not legible.”

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 argues that the rank details of Aswij Ramaish are available in public domain. As claim support data, the Advertiser provided extracts of news reports. As per these reports, Aswij Ramaiah was AIR rank 1 however, the report did not attribute his success to the advertiser’s institute (http://www.htcampus.com/article/ailet-2012-topper-ashwij-ramaiah-was-sure-9th-class-i-wanted-studylaw-1975/). This data was not considered to be acceptable. Also, the contact details provided for the students were not verifiable. The claim, “Aswij Ramaiah as AIR rank 1 in NLU-D 2012 exam”, was not substantiated with authentic data to prove that he was an IMS student and was considered to be misleading. Advertiser further stated that they are in the process of compiling the data for 2000 selections in NLU. The claim, “2000 selections in NLUs so far”, was not substantiated. The CCC concluded that 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: Adesh Group Of Institutions & Hospital
PRODUCT: Adesh Hospital

COMPLAINT:

“Adesh Hospital has Punjab’s first Coblation machine”

NATURE OF COMPLAINT:

Adesh hospital have published an advertisement in the newspapers of the region that they are doing tonsillectomy using coblator .this is true.. However they are misleading the people that they were the first hospital in punjab to acquire this machine. Which is not true at all. Thapar hospital and research institute in moga acquired this machine before Adesh Hospital and i know few other hospitals who have this machines even before us This is true. However they are misleading the people that they were the first hospital in punjab to acquire this machine. Which is not true at all. Thapar hospital and research institute in moga acquired this machine before adesh hospital and i know few other hospitals who have this machines even before us. This is trying to influence the consumers with false propaganda and giving false information which should be discouraged

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 in the Ad, “Adesh Hospital has Punjab’s first Coblation machine”, was not substantiated and is misleading by exaggeration. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD.

 

COMPANY: Rajsee Ayurvedic Capsules
PRODUCT:

COMPLAINT:

Rajsee capsules Ad is product for man to increase power to sexually satisfy the partner. My objections are as follows: 1. Rajsee Capsules AD gives thorough discussion of ADS being published in magazines and newspapers and how they misguide and mislead consumers with false promises as if they are magical remedies, but after finishing the course as advertised there is no improvement in the condition and the customer is not in a position to say anything because its a matter of self-image. Nobody checks the companys credentials as to its prestige product quality, companys promises and their trust-worthiness, prices and the efficacy of the products. Companies only offer attractive packing with titillating pictures of women and customers are fooled. But Rajsee capsules are different. A 30 day course costs only Rs. 360/- so be alert and know the facts before buying the medicines for treatment. 2. AD contravene the Drugs and Magical Remedies Act as they offer products for sexual pleasure. 3. This field has become a lucrative business proposition in recent times and herbal and Ayurvedic product is 100% safe without any side effects is the main point of targeting the consumers. Kindly look into the above objections and call for companys reply and decide on my complaint. Kindly keep me informed.

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 in the Ad (in Gujarathi) as translated in English, “Rajsee capsule is an effective combination produced with mainly five different extracts. Its 21-day course is definitely helpful”, were not substantiated and were misleading. Also, specific to the claims implying treatment for sexual disease (virility problems), 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: Dindayal Industries Limited
PRODUCT: 303 Capsule

COMPLAINT:

Claims Objected to: “Only for men” “India’s No. 1 power booster”

NATURE OF COMPLAINT:

AD of 303 capsules is product for man to increase power to sexually satisfy the partner. My objections are as follows: 1. Ad are for Ayurvedic product intended for increasing power in man to feel capable of satisfying the partner. They do not disclose any names of the ingredients nor provide any substantiating proofs of their claims of strength, vigour and power. They only give pictures of man and woman and proclaim let your aspirations soar vigour enhancing 303 capsules for men 2. AD contravene the Drugs and Magical Remedies Act as they offer products for sexual pleasure. 3. This field has become a lucrative business proposition in recent times and herbal and Ayurvedic product is 100% safe without any side effects is the main point of targeting the consumers. Kindly look into the above objections and call for companys reply and decide on my complaint. Kindly keep me informed.

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 in the Ad (in Gujarathi) as translated in English, “Only for men”, “India’s No. 1 power booster”, were not substantiated and were misleading. Also, the Ad claim, “Give wings to your desires” when read in conjunction with other claims, 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: Mar Athanasios College for Advanced Studies Tiruvalla
PRODUCT:

COMPLAINT:

“100% Employment”

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 in the Ad, “100% employment”, 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: LEAD College of Management
PRODUCT:

COMPLAINT:

“100% Placement records”

NATURE OF COMPLAINT:

This claim needs to be substantiated with necessary support data

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. As claim support data, the advertiser provided records of placement of past two years in excel sheets. Advertiser argues that the guidelines do not prevent them from claiming their past placement record, but requires a disclaimer that past record is not a guarantee for future prospects. The CCC noted that the Advertiser has not provided evidence such as the batch size, enrolment forms, appointment letters and contact details of the students who got placements, for verification. The CCC concluded that the claim in the Ad, “100% Placement Records”, was not substantiated with authentic data and is misleading by ambiguity in the absence of any disclaimers. 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: Institute of Health Management Research
PRODUCT:

COMPLAINT:

“100% Placement Track Record”

NATURE OF COMPLAINT:

This claim needs to be substantiated with necessary support data

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 argues that they are not claiming any placement guarantee or 100% placement assurance to students, but are only claiming 100% placement track record, and the guidelines do not prevent them from claiming their past placement record. As claim support data, the advertiser provided some details of placement of past two years. The CCC noted that the Advertiser has not provided details such as the batch size, enrolment forms, appointment letters and contact details of the students who got placements for verification. The CCC concluded that the claim in the Ad, “100% Placement Track Record”, was not substantiated and is misleading in the absence of any disclaimer. 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: ICBM-School of Business Excellence
PRODUCT:

COMPLAINT:

1) Highest Salary 6.2 L & Avg Salary 3.6 L 2) 100% Placements

NATURE OF COMPLAINT:

These claims needs to be substantiated with necessary support data

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. As claim support data, the advertiser provided the list of students placed for the last 3 years with their company and their package. Advertiser submitted copy of an offer letter for package of 6.2 L of one student. The CCC concluded that the claim, “Highest Salary 6.2 L & Avg Salary 3.6 L”, was not substantiated with evidence to prove that the individual students were indeed given the salary offer. The claim, “100% Placements”, was not substantiated with details of batch size, enrolment forms, appointment letters and contact details of the students who got placements, for verification and is considered to be 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: Indus Business Academy
PRODUCT:

COMPLAINT:

“5.4 Lacs Average CTC”

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 in the Ad, “5.4 Lacs Average CTC”, 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: Holy Grace Academy of Management Studies
PRODUCT:

COMPLAINT:

“Highest Placement in India in 2007 Batch. Rs.1 Crore Annum”

NATURE OF COMPLAINT:

This claim needs to be substantiated with necessary support data

RECOMMENDATION: UPHELD

The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives contacted ASCI over phone and submitted their written response. The CCC viewed the print advertisement and considered the Advertiser’s response. As claim support data, the advertiser provided e:mail offer letter of Mr. Syam Haridas, which indicated the designations such as flight attendant / desk officer etc. that were unlikely to fetch the package claimed in the ad. For verification, ASCI further requested the Advertiser to provide evidence that he was the student of their institution. ASCI also requested evidence of the acceptance of job offer by the student and his designation for which he was appointed. Advertiser was unable to provide this information. The CCC concluded that the claim in the Ad, “Highest Placement in India in 2007 Batch. Rs.1 Crore Annum”, was not substantiated adequately 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: Gitam School of International Business
PRODUCT:

COMPLAINT:

“100% placement”

NATURE OF COMPLAINT:

This claim needs to be substantiated with necessary support data

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. As claim support data, the advertiser provided the placement details. Advertiser argues that they do not guarantee job to students admitted in the School. They would endeavour to support the students in placement in the corporate world using its established tie-ups with industries in the country. The CCC noted that the claim made by the institute is subject to several conditions that exclude students in the calculation for 100% placement. 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, for verification and is also 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: D.J. Academy for Managerial Excellence
PRODUCT:

COMPLAINT:

“100% Profile driven placements”

NATURE OF COMPLAINT:

This claim needs to be substantiated with necessary support data

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 they do only profile driven placements for which they have attached the profiles for their students this year. As claim support data, the advertiser has provided the list of few companies that have conducted placement drives for their students. The CCC concluded that the claim, “100% Profile driven placements”, was not substantiated 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: Indira Institute of Management
PRODUCT:

COMPLAINT:

“Average Salary Package Rs.5 Lacs per annum (Highest salary Rs.8 lacs per annum)”

NATURE OF COMPLAINT:

This claim needs to be substantiated with necessary support data

RECOMMENDATION: UPHELD

The advertiser representatives were given personal hearing by ASCI. The CCC viewed the advertisement and considered the Advertiser’s response. Advertiser did not provide any data in support of their claim. The CCC concluded that the claim in the Ad, “Average Salary Package Rs.5 Lacs per annum (Highest salary Rs.8 lacs per annum)”, 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: Institute of Health Management Research (IIHMR)
PRODUCT:

COMPLAINT:

“An average Package of 6 lakhs and highest package of 12 lakhs”

NATURE OF COMPLAINT:

This claim needs to be substantiated with necessary support data

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 advertisement and considered the Advertiser’s response. Advertiser provided placement details of students for batch 2014-2016, as support data for the claim of average and highest CTC offered, and employment offer letter of one of their student as proof of highest salary offered. The CCC noted that this employment offer letter provided to the candidate is for overseas employment. There was no evidence to prove that the individual students were indeed given the offer. The CCC concluded that the claim in the Ad, “An average Package of 6 lakhs and highest package of 12 lakhs”, was not substantiated adequately. Also, the claim is misleading by ambiguity about the job location and corresponding salary in foreign currency. 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: Manipal University (Jaipur)
PRODUCT:

COMPLAINT:

“Average Package 4.45 Lakhs”

NATURE OF COMPLAINT:

This claim needs to be substantiated with necessary support data

RECOMMENDATION: UPHELD

The Advertiser requested for a personal hearing with the ASCI Secretariat for which they were offered an opportunity for a telecon. Advertiser did not provide data in support of their claim. The CCC viewed the advertisement and considered the Advertiser’s response. The CCC concluded that the claim, “Average Package 4.45 Lakhs”, 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: JK Lakshmipat University
PRODUCT:

COMPLAINT:

“100% Campus Placement Since Inception”

NATURE OF COMPLAINT:

This claim needs to be substantiated with necessary support data

RECOMMENDATION: UPHELD

The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser sought a personal meeting with the ASCI Secretariat via telecon with their team and the ASCI Secretariat. The CCC viewed the advertisement and considered the Advertiser’s response. As claim support data, the Advertiser provided batch wise detailed list of students. ASCI Secretariat further requested the advertiser to provide additional data such as detailed list of students who have been placed through their Institute, the batch size of the students and appointment letters received by the students, and also evidence regarding when the Institute was operational. Advertiser responded that they were unable to provide the supporting data of all the batches who have graduated from their University to prove their claim. The CCC concluded that the claim in the Ad, “100% Campus Placement Since Inception”, 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: Faculty of Management Studies - Institute of Rural Management
PRODUCT:

COMPLAINT:

1) 100% Placement Record 2) Highest Package 2015 SBI Escorts @ Rs.9.0 Lacs

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. 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, “100% Placement Record”, and “Highest Package 2015 SBI Escorts @ Rs.9.0 Lacs”, were not substantiated and were 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: Dr.D.Y Patil Vidyapeeth Global Business School & Research Centre
PRODUCT:

COMPLAINT:

“100% placement record”

NATURE OF COMPLAINT:

This claim needs to be substantiated with necessary support data

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 advertisement and considered the Advertiser’s response. Advertiser stated that the mentioned placement record is of the students passed out in year 2014, and as per practice, since all students who have asked for the placement assistance got placed, they have stated 100% placement. The CCC concluded that the claim, “100% placement record”, was not adequately substantiated with detailed list of students who have been placed through their Institute, their contact details, enrolment forms, the batch size of the students and appointment letters received by the students etc, for verification 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: Jain Institute of Management & Entrepreneurship
PRODUCT:

COMPLAINT:

“100% placement since inception”

NATURE OF COMPLAINT:

This claim needs to be substantiated with necessary support data

RECOMMENDATION: UPHELD

The Advertiser requested for an extension of date for Personal Hearing with the ASCI Secretariat. They were offered a personal hearing via telecon with their team and the ASCI Secretariat. The CCC viewed the advertisement and considered the Advertiser’s response. Advertiser did not provide any claim support data and acknowledged their error. The CCC concluded that the claim in the Ad, “100% Placement since inception”, 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: Institute of Management Research & Technology
PRODUCT:

COMPLAINT:

“Highest Salary 5.5 Lac Avg. Salary 2.2 Lac”

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 in the Ad, “Highest Salary 5.5 Lac Avg. Salary 2.2 Lac”, 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: Community Institute of Management Studies
PRODUCT:

COMPLAINT:

“Assured Placement”

NATURE OF COMPLAINT:

This claim needs to be substantiated with necessary support data

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 advertisement and considered the Advertiser’s response wherein they submitted that the claim would be dropped. The CCC concluded that the claim, “Assured 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: New Delhi Institute of Management
PRODUCT:

COMPLAINT:

1. 100% Finest Placements since Inception 2. 15th Best Placements in India 3. A+++ with Average Salary in S2 Grade (Rs.5.0-Rs.9.9 Lakh)

NATURE OF COMPLAINT:

These claims need to be substantiated with necessary support data

RECOMMENDATION: UPHELD

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, “100% Finest Placements since Inception”, “15th Best Placements in India”, and “A+++ with Average Salary in S2 Grade (Rs.5.0-Rs.9.9 Lakh)”, were not substantiated and were 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: Jaipuria Institute Management (Jaipuria MBA)
PRODUCT:

COMPLAINT:

1) Get assured 100% placement in TOP NOTCH Company by 160+recruiters. 2) Jaipuria MBA provides 100% ROI with Rs.9.6 Lacs highest package and Rs.4.5 Lacs average package.

NATURE OF COMPLAINT:

These claims need to be substantiated with necessary support data.

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 advertisement and considered the Advertiser’s response. Advertiser did not provide data in support of the claims and indicated that the claims were made by mistake. The CCC concluded that the claims, “Get assured 100% placement in TOP NOTCH Company by 160+recruiters”, and “Jaipuria MBA provides 100% ROI with Rs.9.6 Lacs highest package and Rs.4.5 Lacs average package”, were not substantiated and were 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: M.S. Ramaiah Institute of Management
PRODUCT:

COMPLAINT:

“The placement record at MSRIM has been nearly 100% over the last 10 years”

NATURE OF COMPLAINT:

This claim needs to be substantiated with necessary support data

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 advertisement and considered the Advertiser’s response. As claim support data, the advertiser provided information about the number of students enrolled, graduated, and placed for jobs for the last ten years. The CCC concluded that the claim in the Ad, “The placement record at MSRIM has been nearly 100% over the last 10 years”, was not substantiated adequately with detailed list of students who have been placed through their Institute, their contact details, enrolment forms, the batch size of the students and appointment letters received by the students etc, for verification. Also, the claim 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: Mangalmay Institute of Management & Technology
PRODUCT:

COMPLAINT:

“The average salary for MBA placements in Delhi NCR, Noida and Greater Noida has been Rs.4.5 Lacs p.a.”

NATURE OF COMPLAINT:

This claim needs to be substantiated with necessary support data.

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 advertisement and considered the Advertiser’s response. Advertiser argues that since the placement average in the region is close to 4.5 lacs PA it makes them a top college with an excellent placements. Also, the objective of communication is that their placements are closer to the overall average figures given in the area for various B schools. The CCC concluded that the claim in the Ad, “The average salary for MBA placements in Delhi NCR, Noida and Greater Noida has been Rs.4.5 Lacs p.a.”, was not substantiated with supporting data 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: Jagannath University
PRODUCT:

COMPLAINT:

1) 100% Placement Assistance 2) Package upto 6 lacs

NATURE OF COMPLAINT:

These claims need to be substantiated with necessary support data.

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 advertisement and considered the Advertiser’s response. Advertiser did not provide any supporting data nor evidence in support of the claims. The CCC concluded that the claims in the Ad, “100% Placement Assistance”, and “Package upto 6 lacs”, were not substantiated. Also, the claim, “100% Placement Assistance” is likely to mislead the consumers as it implies that the advertiser gives assistance for 100% placement. Also, as assistance cannot be quantifiable measure and could have a wide range of modalities, the claim 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: Asian School of Business Management
PRODUCT:

COMPLAINT:

“100% Placement Record”

NATURE OF COMPLAINT:

This claim needs to be substantiated with necessary support data.

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 advertisement and considered the Advertiser’s response. Advertiser argues that they had 102 students in Batch 2012-14, and all of them were successfully placed. Advertiser did not provide evidence such as detailed list of students who have been placed through their Institute, their contact details, enrolment forms, the batch size of the students and appointment letters received by the students, etc., for verification. The CCC concluded that the claim in the Ad, “100% Placement Record”, 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: SIFYTNVAT (Sify Technologies)
PRODUCT:

COMPLAINT:

The email sales promotion campaign of Sify Technologies is misleading the business people in Tamilnadu. TN govt has mentioned that those have digital signature need not submit hard copy of sales tax documents for monthly efiling. This is purely an option. Sify claims that digital signature is mandatory for all business people to do monthly sales tax e-filing. This email campaign shows to be an fraudulent claim for sales. Sify has to be banned from selling digital signatures and apologize to all the email recipients. Rule 25 in TNVAT new guidelines: Those who do not have digital signature should submit hard copy to their sales tax branch. It is not mandatory and government is clear in it.

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 – promotional email and considered the Advertiser’s response. The CCC concluded that the claim in the promotional email, “Tamilnadu Commercial Tax announced digital signature is mandatory for Sales Tax Filing from March 20, 2016”, is false and misleading, as digital signature is not mandatory for filing tax returns as per TNVAT new guidelines. The Ad – promotional email contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD.

 

COMPANY: Flipkart Internet Private Limited
PRODUCT: Flipkart.com – the Big Phone Theory

COMPLAINT:

“Extra 5% off on all credit / debit cards”

NATURE OF COMPLAINT:

“The advertisement suggested that there was a discount of 5% on transactions if payment is made vide all credit cards. However, this turned out to be misrepresentation, as there was an upper cap on the discounted amount, which was not apparent on the face of it. I write to bring to your notice, as an aggrieved customer of Flipkart, certain practices of Flipkart which should be considered misrepresentation of facts to attract customers. Facts: As a frequent customer of Flipkart, as also a paid subscriber of Flipkart’s Flipkart First program, I have been long associated with the company. However, on the 31st of January, 2016, Flipkart announced several offers on electronic goods displayed on its website www.flipkart.com. One such item that attracted my attention was a Samsung Note mobile phone. The phone was priced at Rs. 42,500 and discount that was allegedly offered was 5%, if the mode of payment is through credit or debit card. While several options were available, such as Amazon and Snapdeal; the offer on Flipkart looked attractive, as the discount offered is Rs. 2,125. Issue: While factoring in the discount I should have paid only Rs. 40,375, Flipkart has charged me Rs. 41,000. As you will see from the snapshots of the discount offered, there is no asterix next to the offer to suggest that there could be additional terms and conditions applicable, or that there would be limit on the discount. While one of my concerns is the balance that Flipkart is due to me, i.e. Rs. 625, Flipkart has deliberately misrepresented the fact that the discount is 5% without indicating any terms that may be applicable, thereby leading customers to believe it is a flat 5% off. Prayer: As the governing body to moderate advertisements, I request you pass such orders to ensure, that Flipkart immediately desist and/or withdraw advertisements announcing discounts which do not convey all the terms applicable, and instead hide important and essential conditions, in the Terms and Conditions page. It is my humble request in the interests of customers like me that steps be taken to ensure companies like Flipkart do not advertise discounts to make a mockery of customer sentiments, just to attract customers by announcing false discounts and hiding vital conditions which, as reported in this incident are clearly to cheat the customers. Request you to pass orders to mandate Flipkart to announce all major restrictions/conditions on discounts, at the same place where eyeball grabbing discounts are advertised, so customer can make an informed choice, instead of being duped. Attachments: (1.) Copy of my correspondence with Flipkart executives. (2.) Copy of the invoice indicating evidence of purchase. (3.) Copy of snapshots of the discount allegedly offered, as advertised/displayed on the Flipkart website.”

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. As claim support data, the advertiser provided screenshots of the said product listing pages containing the Offer details and link to T&C and the T&C pages for Samsung Galaxy On7 and Moto G mobile phones. Advertiser argues that during the entire campaign period, the product listing pages of every mobile phone above Rs. 3,000/- contained the Offer details and also a link to the terms and conditions (“T&C”) concerning the said Offer. The T&C clearly stated that the maximum discount that could be availed would be Rs.1,500/-. The CCC noted that the Complainant provided screenshots of the order tracking page and not the screenshot of the product listing page of the Product. In view of the details provided by the complainant and the details provided by the advertiser, the CCC concluded that the claim offer, “Extra 5% off on all credit / debit cards”, is not false as it is subject to terms and conditions mentioned in the website advertisement. The complaint was NOT UPHELD.

 

COMPANY: Ashok Nandavanam Properties Pvt Ltd (Ashok Nandavanam)
PRODUCT:

COMPLAINT:

“The TV commercial of Ashok Nandavanam Properties Pvt Ltd shows “a young couple discuss the prospect of buying real estate. The wife says that she prefers to buy into a particular project as they are offering a free car. The husband responds by saying that it is easy to take the wife for a ride as the property developer is taking money from one's pocket and gives it back as a car gift. The husband says "if your father has not bothered to give us a free Car gift for our marriage how do you expect the real estate Developer to give one" the statement of the husband legitimizes that The girl's parents must give expensive dowry gifts like a car... This not only sounds ugly but is patently illegal as it promotes dowry which is banned by law. The TVC must drop this reference to dowry”

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 TVC. In the absence of comments from the Advertiser, the CCC concluded that the statement in the TVC, "your father has not bothered to give us a free Car gift for our marriage”, by implication, encourages dowry and is in violation of The Dowry Prohibition Act, 1961. The CCC concluded that the TVC is in breach of the law and contravened Chapter III.4 of the ASCI Code. The complaint was UPHELD.

COMPANY: Castrol India Ltd
PRODUCT: Castrol Active Scooter Oil

COMPLAINT:

Show that these vehicles can reach ahead of any other vehicles on traffic signal while on red by zig zag driving to overtake standing vehicles. Such advertisements promote how to distort traffic rules by wrong way over taking & out of rules driving. Young generation follow the same on our road. Similarly for two wheeler today watched on Masti channel around 5.25 pm in advertisement of Castrol oil where shown the swiftness means zig zag driving”

NATURE OF COMPLAINT:

 

RECOMMENDATION: UPHELD

The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek a personal hearing and submitted their written response. The CCC viewed the TVC and considered the Advertiser’s response. Advertiser argues that no traffic signal is shown as being broken. In fact, the rider stops at the pedestrian crossing at 0:14 seconds of the commercial and at 0:23 seconds of the commercial, the rider only moves when the signal turns green and this is clearly focused upon. The CCC concluded that the two scenes in the TVC show the vehicle overtaking on the wrong side and portrays violation of traffic rules and encourages unsafe practices. The CCC concluded that the TVC contravened Chapters III.3 and III.4 of the ASCI Code. The complaint was UPHELD.

COMPANY: IMS Learning Resources Pvt. Ltd (CAT 2016)
PRODUCT:

COMPLAINT:

“Leaders in Test Prep since 1977”

NATURE OF COMPLAINT:

There is no evidence given for the claims IMS is making and these claim may be misleading and vague. a) How can IMS say that they are Leaders in Test prep since 1977? Does it mean they have got best results or they train the maximum students since 1977? Do they have any comparative data to prove that they are the leaders since 1977? Please ask IMS institute to prove and substantiate the above claim with necessary support data and comparative data which makes them leaders in test prep.

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. As claim support data, the advertiser provided copy of agreement, trade mark application, trade mark certificate, and CA certificate. Advertiser argues that they are conveying the message that IMS exists in the Market since 1977 for Test prep coaching. The “Leader” is the general term which is used in the context of Oldest Institute leading in the market with major share/command in its respective field and is not in any comparison with others. The CCC concluded that the advertiser appears to be a “pioneer” in this field however, the claim, “Leaders in Test Prep since 1977”, was not substantiated 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: Somabhai Tea Processors Pvt. Ltd.
PRODUCT: Special Patti -Premium CTC Leaf Tea and Number 10 - CTC Leaf Tea

COMPLAINT:

I enclose herewith an AD of C. Somabhai special Patti Tea and No. 10 Patti Tea, published in Divya Bhaskar, Vadodare, dt. 13/1/2016. My objections are as follows: 1. The AD mentions about a scheme on purchase of above mentioned tea packs under STP2 coupon scheme and gives details of prizes distributed upto 31/12/2015. Number of customers who won gold coin 21, Number of customers who won silver coin 155, and No. of customers who got consolation prizes more than 500. The same will continue up to 31/1/2016 and prizes will be declared on 29/2/2016. 2. The STPL scheme under which these prizes are declared must have been announced earlier, but this AD does not give any details of scheme nor give any earlier reference or any website details from where the information can be obtained. In the absence of any details of the scheme how can the customer know how he could take part in the scheme? This seems to be a ploy or it is a genuine mistake of the company, it is difficult to judge. The company must withdraw this AD and issue a fresh AD with details of the scheme. And what is STPL coupon scheme? Are there any coupons given on each purchase of the tea pack or a coupon is available when two or more packs are purchased at one time? The customer is at a loss to decide about purchase without the basic information. 3. No. of Gold, Silver coins and consolation prizes distributed this information is to lure the customer to buy their tea packs but it would become a blind. If he purchases one pack and coupons are available on two or more packs, he loses his chance of winning a prize. If he knows the details, he can take a decision to buy more than one pack to take part in the scheme. Kindly consider the above objections, call for companys reply and decide on my complaint. Kindly keep me informed.

NATURE OF COMPLAINT:

 

RECOMMENDATION: UPHELD

The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek a personal hearing and submitted their written response. The CCC viewed the print advertisement and considered the Advertiser’s response. Advertiser argues that as all the details are not possible to be incorporated in the advertisement, they have communicated only the numbers of gifts they have distributed till date. ASCI requested the advertiser for the details of the total number of prizes that were available for consumers and names and contact details of the customers who won the prizes. This information was not provided prior to the due date. The CCC concluded that the advertisement does not mention the details of the scheme, nor does it mention whether the coupons are given on each purchase of the tea pack or is available when two or more packs are purchased at one time. The advertisement is misleading by omission of the details of this scheme. The advertiser has not stated clearly all material conditions so as to enable the consumer to obtain a true and fair view of their prospects in such activities. The advertisement contravened Chapters I.4 and I.5(f) of the ASCI Code. The complaint was UPHELD.

 

COMPANY: Som Fragrances Pvt Ltd
PRODUCT: Dilbagh Pan Masala

COMPLAINT:

Complaint: Pan Masala ad showing the celebrities or models promoting the pan masala in the very glamorous and fascinating way. Pan Masala ad should completely be banned from the television as these ad affecting the youth in negative ways. I don't believe that just showing the warning at the end of the ad is helping in any way. Also, warning being shown very small letters at the below corner which many don't see. Pan Masalas are definitely harmful for health but they are also harmful for clean India i.e. Swacch Bharat. Those who chew these products, peak anywhere and make places dirty. Also, they spread diseases which are communicable as they peak in the public places. Pan Masala doesn't only affect the person who chew but others also in many ways. Lot of growing kids are picking up habits of chewing pan masalas by seeing celebrities and models promoting these products in very fascinating way. I strongly recommend that we ban these ads and promote "HEALTHY AND CLEAN INDIA".

NATURE OF COMPLAINT:

 

RECOMMENDATION: UPHELD

The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek a personal hearing and submitted their written response. The CCC viewed the TVC and considered the Advertiser’s response. Advertiser stated that they have not used any model or celebrity and the TVC is animation based. The CCC concluded that the TVC is not in contravention of the Chapter III.2 (e) of the ASCI Code as it did not depict any personality from the field of cinema, sports and music. This complaint was NOT UPHELD. However, the TVC is misleading by omission of a statutory cautionary message/warning via super that “Pan Masala is injurious to health and cannot be purchased or used by minors”. The TVC contravened Chapter III.4 of the Code and ASCI Guidelines on Supers. This complaint was UPHELD.

COMPANY: Tej Ram Dharam Paul
PRODUCT: Raj Niwas Pan Masala

COMPLAINT:

Showing the celebrities or models promoting the pan masala in the very glamorous and fascinating way. Pan Masala ad should completely be banned from the television as these ad affecting the youth in negative ways. I don't believe that just showing the warning at the end of the ad is helping in any way. Also, warning being shown very small letters at the below corner which many don't see. Pan masala are definitely harmful for health but they are also harmful for clean India i.e. Swacch Bharat. Those who chew these products, peak anywhere and make places dirty. Also, they spread diseases which are communicable as they peak in the public places. Pan masala doesn't only affect the person who chew but others also in many ways. Lot of growing kids are picking up habits of chewing pan masalas by seeing celebrities and models promoting these products in very fascinating way. I strongly recommend that we ban these ads and promote "HEALTHY AND CLEAN INDIA".

NATURE OF COMPLAINT:

 

RECOMMENDATION: NOT 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 and concluded that the model shown in the TVC did not appear to be from the field of sports, music, or cinema. The TVC is not in contravention of the Chapter III.2 (e) of the ASCI Code. The complaint was NOT UPHELD.

COMPANY: Kamla Kant & Company
PRODUCT: Rajshree Pan Masala

COMPLAINT:

“The celebrities or models promoting the pan masala in the very glamorous and fascinating way. Pan Masala ad should completely be banned from the television as these ad affecting the youth in negative ways. I don't believe that just showing the warning at the end of the ad is helping in any way. Also, warning being shown very small letters at the below corner which many don't see. Pan masalas are definitely harmful for health but they are also harmful for clean India i.e. Swacch Bharat. Those who chew these products, peak anywhere and make places dirty. Also, they spread diseases which are communicable as they peak in the public places. Pan masala doesn't only affect the person who chew but others also in many ways. Lot of growing kids are picking up habits of chewing pan masalas by seeing celebrities and models promoting these products in very fascinating way. I strongly recommend that we ban these ads and promote "HEALTHY AND CLEAN INDIA".

NATURE OF COMPLAINT:

 

RECOMMENDATION: NOT 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. The CCC noted that the models shown in the TVC did not appear to be from the field of sports, music, or cinema. The CCC concluded that the TVC is not in contravention of the Chapter III.2 (e) of the ASCI Code. The complaint was NOT UPHELD.

COMPANY: G K Tobacco Co Pvt Ltd
PRODUCT: Zafri Pan Masala

COMPLAINT:

“Showing the celebrities or models promoting the pan masalas in the very glamorous and fascinating way. Pan Masala ad should completely be banned from the television as these ads are affecting the youth in negative ways. I don't believe that just showing the warning at the end of the ad is helping in any way. Also, warning being shown very small letters at the below corner which many don't see. Pan masalas are definitely harmful for health but they are also harmful for clean India i.e. Swacch Bharat. Those who chew these products, peak anywhere and make places dirty. Also, they spread diseases which are communicable as they peak in the public places. Pan masala doesn't only affect the person who chew but others also in many ways. Lot of growing kids are picking up habits of chewing pan masalas by seeing celebrities and models promoting these products in very fascinating way. I strongly recommend that we ban these ads and promote "HEALTHY AND CLEAN INDIA".”

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 TVC. The CCC noted that the TVC features Samir Soni - a celebrity from the field of cinema for a product which has a health warning that it is injurious to health and 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. Also, the supers/statutory warning in the Hindi TVC were not in the same language as the audio of the TVC and were also not clearly legible. The TVC contravened Chapter III.2 (e) of the ASCI Code and ASCI’s Guidelines for Supers. The complaint was UPHELD.

COMPANY: Shree Sant Kripa Appliances
PRODUCT: Syska LED

COMPLAINT:

“Syska LED saves 70% power.”

NATURE OF COMPLAINT:

In ad the anchor is claiming 70 % saving in electrical bills. This claim is not correct, 70% saving is in comparison to incandescent lamps, no body uses these lamps now a days in comparison to cfl lamps saving is marginal. They claim 70 % saving in elec bills but contribution of lighting load is minimum in system, they should be penalised for misguiding and misleading public. further they do not provide details of lux and harmful effects if led on human eyes. in this as well as in other ads , they claim that 70 % electrical energy is saved by replacing your lights by syska. this is not true, if you replace your incandescent lamp with syska you can save but if you have cfl lamps in your home you do not save 70 % energy in tube light also if you replace your 36 watt tube with 18 watt led light , you do not save 70 % energy if needed you can ask syska people to provide details of their products with output lumens, so as to compare the saving

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. The advertiser sought additional time to respond to the complaint which was granted to them. The advertiser also sought the identity of the complainant. ASCI informed the advertiser that as per policy, the same cannot be disclosed. The advertiser argues that the claim carries a disclaimer *When compared to traditional lighting solutions. The indicative saving figure has been calculated via internal R&D process. They further stated that the use of incandescent lamp is encouraged by Government of India by various schemes and have submitted the list of Indian Manufacturers and Suppliers of incandescent lamps. The CCC viewed the TVC and considered the Advertiser’s response as well as opinion of the Technical expert presented at the meeting. The advertiser submitted test data to support the claim. Based on the above opinion, the CCC concluded that the claim “Syska LED saves up to 70% power.” was substantiated. The complaint was NOT UPHELD.

COMPANY: Patanjali Ayurved Ltd
PRODUCT: Patanjali Kesh Kanti Natural Hair Cleanser & Oil

COMPLAINT:

“Your oil may contain cancer causing mineral oil.” According to NCBI (US Institute) mineral oil is Carcinogenic in nature and may cause cancer. “PLEASE THINK will you apply natural kesh kanti oil or just any hair oil which contains carcinogenic mineral Oil?’ “According to DOCA, Govt. of India institute 90 to 95% of the available brands of hair oils contain mineral oil (Paraffin)” “Mineral Oil does not have any health or medicinal properties or any nutritional benefits for hair.” “Patanjali brings you, mineral Oil free Kesh Kanti Hair Oil and shampoos made with goodness of 21 herbs” “Millions of Indians have used Kesh Kanti hair Oil and Shampoo to make their hair healthy, stronger from roots and to get rid of Hair related problems.” “Benefits of Kesh Kanti: Provides effective protection against problem such as graying of hair & Split ends. Reduces dryness and greasiness”

NATURE OF COMPLAINT:

Complaint Challenge:- The advertiser has made a sweeping statement that is patently false. The advertiser’s statement that NCBI studies show mineral oil is carcinogenic in nature is misleading. The Advertiser has not given complete details of study referred to in its advertisement. There is no conclusive study till date which declares that mineral oil of the type allowed by Indian law to be used in cosmetics is carcinogenic. Advertiser is misquoting NCBI and its studies. Even U.S. FDA Code of Federal Regulations [Title 21, Volume 3] (revised as on April 1, 2015) permits mineral oil for direct addition to food for human consumption. Mineral Oil is generic term that covers diverse range of petroleum products and there are several categories of mineral oil which is classified on the basis of processing history and processing temperature. The Advertiser is misrepresenting to the consumers in order to scare consumers away from buying the products of its competitors and alluring them to buy its products. The Food Safety and Standard (Food Products Standards and Food Additives) Regulations, 2011 also permits use of mineral oil (food grade), i.e., Table 11: List Of Food Additives For Use In Food Products at serial no. J 1 in Table 11. In addition to Table 11, Mineral Oil is also permitted in certain products as food additives, i.e, Table 13 List of Food Additives For Use in Cocoa Powder, Chocolate, Sugar Boiled Confectionary, Chewing Gum/ Bubble Gum at Sr. No. J 3 Indian Standard for Hair Oils Specification IS 7123: 1993 (reaffirmed 1998) permits several types of hair oils namely Type 1(heavy), Type 2 (medium) and Type 3 (light). Type 2 & 3 are permitted to be based on mineral oil. Standards 7123 mandates compliance to Indian Standard 7299-1974 (reaffirmed 2006) for use of mineral oil in a Cosmetic product. It is noteworthy that IS 7299-1974 was adopted after approval of Chemical Division Council of India and while preparation of these standards, assistance has been derived from relevant literature/standards of developed countries including general British Pharmacopoeia 1968 and General Medical Council, London. In fact, IS 7299 declares that mineral oil is harmless to skin. Therefore, based on the above studies, it is clear that the Advertiser is misleading consumers by challenging established studies and norms without any substantiation in order to gain market share for their product. The Advertiser is propagating that their product is natural. The impression which is sought to be given is that the Advertisers product is directly given them by nature itself, and has no human intervention in this creation. This is patently incorrect. It is submitted that all hair oils available in the market are made from naturally occurring substances through various scientific process. The Advertiser is denigrating the entire hair oil category by terming its product as natural, and categorizing the all other hair oils as Just any hair oil. This is clearly a misrepresentation by Advertiser and a clear attempt is being made by the Advertiser to denigrate Type 2 and Type 3 hair oil.

RECOMMENDATION: UPHELD

The Advertiser was offered an opportunity for Personal Hearing with the ASCI. The advertiser representatives did not seek personal hearing and submitted their written response. The CCC viewed the print advertisement and considered the Advertiser’s response. The advertiser argues that 90-95% of hair oil contains mineral oil for which they have given reference to the Consumer Voice Report mentioned in the website of Government of India - DOCA (Department of Consumer Affairs). They further argue that according to study published by National Central Biotechnology Information (NCBI - US Institute) mineral oil is carcinogenic in nature and may cause cancer. The CCC noted that the reference quoted by the advertiser was with reference to untreated or mildly treated mineral oil. As per the research paper itself, there is evidence for carcinogenicity of highly-treated mineral oils remains insufficient to draw conclusions. The use of mineral oil as food additive is permitted by The Food Safety and Standard (Food Products Standards and Food Additives) Regulations, 2011 and mineral oil is also permitted by Indian Standard for Hair Oils as cosmetic ingredient. The CCC concluded that the claim of “mineral oil is carcinogenic in nature and may cause cancer” is false and misleading by ambiguity and by gross exaggeration. The claim was also considered to be denigrating the mineral oil containing hair oils. The print advertisement contravened Chapters 1.1, I.4 and IV.1 (c) (d) (e) of the ASCI Code. The complaint was UPHELD.

 

COMPANY: Clues Network Pvt. Ltd (Shopclues.com)
PRODUCT:

COMPLAINT:

Misleading Advertisement of shopclues.com. 1. Shopclues.com website displays an advertisement showing three 3 Watt LED Bulbs. 2. Accordingly, I ordered vide pre-paid online Order No 82490814 dt 19 Jan 2016 3. However, shopclues delivered me only one bulb on 23 Jan 2016. On complaining vide Ticket ID 5945116 dt 23 Jan 2016, shopclues contends that the sale was for only one bulb. While a return request was initially accepted by them, they have now declined the return. 4. In case sale were for only one bulb, then it is obvious that displaying three bulbs is misleading advertisement to entice customers, and cheat them through unfair and unethical trade practice. 5. I request that appropriate action be initiated against them and they be directed to provide the product as displayed in the advertisement.

NATURE OF COMPLAINT:

 

RECOMMENDATION: NOT UPHELD

The CCC viewed the website/internet advertisement and considered the Advertiser’s response. The advertiser submitted evidence via screen shot that the description of the Product clearly specifies the quantity of the product as “one” in number. The CCC concluded that the website advertisement is not misleading. The complaint was NOT UPHELD.

 

COMPANY: VistaMind Education Pvt. Ltd.
PRODUCT: LIVE ONLINE CAT Program CAT 16/17

COMPLAINT:

“India’s only classroom + Live Online CAT program”

NATURE OF COMPLAINT:

I feel the above statement is misleading and vague. 1) On what parameter they are saying India's only classroom + Live Online CAT program 2) Do they have any comparative data, certificate / third party validation to make such statement? I am sure, by now it's confirmed that Vistamind is using the said line ‘India’s only classroom +Live Online CAT Program’ it was again released in Times of India, Chennai edition (10.02.2016) pg.3 I have the following objections: * How can a company make such statement? * I have enquired the same from other CAT coaching institutes and even they offer the same!! * As a individual, I believe it's a vague statement and misleading students, thus brought to your notice, please correct me if I am wrong. I sincerely hope to get some clarity on the above issue. As required, please refer below list of CAT coaching institutes offering LIVE online classes. Also refer attached screen-shot of their websites, confirming the same. I sincerely hope to get some clarity on the above issue

RECOMMENDATION: NOT UPHELD

The CCC viewed the print advertisement and considered the objections raised by the complainant as well as the Advertiser’s response. The advertiser argues that their course is LIVE and NOT recorded wherein the students can get to interact with the faculty in the Virtual class just like they do in a physical classroom compared to other institutes where CDs/memory card/tablet kind of devices or online access are provided. The CCC reviewed the various references provided by the complainant of other websites of CAT coaching institutes offering LIVE online classes and found that none of these coaching classes have both classroom + Live Online CAT program “together”. In the absence of any other data contradicting the submissions of the advertiser, the CCC considered the claim “India’s only classroom + Live Online CAT program” to be acceptable. The complaint was NOT UPHELD.

 

COMPANY: Triumphant Institute of Management Education P. Ltd (CAT 2015 Results)
PRODUCT:

COMPLAINT:

“TIME Jaipur Student is the CAT State Topper – 8th Year in a Row”.

NATURE OF COMPLAINT:

“The Advertisement is given by T.I.M.E. Classes, an institute which provides training for CAT. The advertisement is published for CAT-15 results in Rajasthan Patrika, Jodhpur edition, page 5 dated 24th January, 2016 sunday, wherein the institute is, claiming T.I.M.E Jaipur Student is the CAT State Topper 8th year in Row. In the said advertisement T.I.M.E. claims that T.I.M.E Jaipur Student is the CAT State Topper 8th year in Row. What does T.I.M.E. want to convey students by this statement? No any state list is declared so far for CAT results. It is a vague statement to attract students. Does T.I.M.E have any basis to substantiate this claim. It seems that This statement is unclear, unsubstantiated, exaggerated and misleading for the claim ‘TIME Jaipur Student is the CAT State Topper – 8th Year in a Row ’; i would like to mention here that, no any list is declared on state level for CAT toppers, this statement is itself a vague and false statement. Moreover do they have any track record of these 8 consecutive years which they are mentioning here. It seems that this statement is put just to attract the students. I assume attracting students with such unsubstantiated & false claims is a misleading practice. I would request you to pls look into the factuals of this advertisement”. http://epaper.patrika.com/701586/Jodhpur-Rajasthan-Patrika/24-01-2016?show=touch#page/5/1

RECOMMENDATION: UPHELD

The Advertiser was offered an opportunity for Personal Hearing with the ASCI. The advertiser representatives did not seek personal hearing and submitted their written response. The CCC viewed the print advertisement and considered the Advertiser’s response. The advertiser argues, in CAT, the percentile is calculated up to three decimal places and rounded off to the two decimal places. So, a candidate or set of candidates scoring 100 percentile have actually scored a percentile of 99.995 and above – which have been rounded off to 100. The advertiser admits that it is technically correct that CAT does not release any state / city rank or percentile. However, a candidate/s who has scored the highest percentile (not necessarily a 100 percentile) among all those who appeared in CAT from a particular city or state can be called as city or state topper of that respective place. The CCC noted that from the claim of eight years, clear 100 percentile has not been achieved by the TIME students for all the eight years. CAT does not release any state / city rank or percentile. The CCC concluded that there was no conclusive evidence for the claim, “TIME Jaipur Student is the CAT State Topper – 8th Year in a Row”, and the claim is misleading by ambiguity. The advertisement contravened Guidelines for Advertising of Educational Institutions and Programs as well as Chapters 1.1 and 1.4 of the ASCI Code. The complaint was UPHELD.

 

COMPANY: Mahendra Education Pvt Ltd
PRODUCT:

COMPLAINT:

“Total Selection as 205622.”

NATURE OF COMPLAINT:

Mahendra Education Pvt Ltd’ claims, “The Advertiser (Mahendra Education Pvt. Ltd.) has claimed on its website, its "Total Selection as 205622.” This Claim seems to be extremely random and without any substantiate proof. The advertiser can easily publish a random figure to claim its selections.”

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/internet advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claim in the advertisement, “Total Selection as 205622”, was not substantiated and is misleading. The website/internet advertisement contravened Guidelines for Advertising of Educational Institutions and Programs as well as Chapters I.1 and 1.4 of the ASCI Code. The complaint was UPHELD.

 

COMPANY: Ratnasagar Herbals Pvt Ltd
PRODUCT: Joy Honey & Almonds Nourishing Lotion

COMPLAINT:

We would like to draw your attention towards an advertisement of the product Joy Honey & Almonds Nourishing Body Lotion - Poshan Wala Lotion running as an audiovisual advertisement on various TV channels and on YouTube. The audiovisual advertisements breach the spirit of the Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992 and as well as the Amendment Act of 2003 (IMS Act) by depicting bottle feeding practice for children as a nutritional source. (Annexe 1: Attached is the copy of statement of objects and reasons) According to the IMS Act (law) "breastfeeding is an integral part of the reproductive process. It is established as a natural and ideal way of feeding the infant and provides a unique biological and emotional basis for healthy child development. The anti-infective properties of mother's milk protect infants against diseases. Breastfeeding is therefore the key aspect of primary health care for a child. It is therefore, essential to protect and promote breastfeeding and to protect pregnant women and nursing mothers from any influence that could disrupt it. Inappropriate feeding practices lead to malnutrition, morbidity in our children. Promotion of infant milk substitute and related products like feeding bottles and teats do constitute a health hazard. Promotion of infant milk substitute and related products has been more extensive and pervasive than the dissemination of information concerning the advantages of mother's milk and breastfeeding and contributes to decline in breastfeeding. The advertisement emphasis on "potion" English meaning of this word is "nutrition". Joy, the company claims that their body lotion is nutrition for human skin like food is for every human being. The depiction of nutrition for a baby in this advertisement is bottled milk which is openly promoting I advertising the practice of bottle feeding. Bottle feeding as mentioned above falls under inappropriate feeding practices and has been proven to cause health hazards to children. We understand the conceptualization of the advertisement intends to depict nutritional needs of various species and position the product as nutritional supplement for human skin. But, what bothers us is the fact that this depiction might influence mothers that could disrupt breastfeeding by strengthening bottle feeding culture. To facilitate a better understanding for the advertisement makers we would like share that according to the National Guidelines on Infant and Young Child Feeding by the Department of Women and Child Development, Government of India (Annexe 2) infants should be exclusively breastfed for six months; means the babies should be only given breast milk and nothing else-no other milk, food, drinks and not even water. At six months the babies should be given appropriate complementary feeding , while continuing breastfeeding( up to 2 years of age) to meet the growing needs of the baby. Complementary food includes family's staple home cooked food. So, no where does the national guidelines mention bottle feeding as an appropriate feeding practice? In fact the World health Organization (WHO) also recommends exclusive breastfeeding up to 6 months of age, with continued breastfeeding along with appropriate complementary foods up to two years of age or beyond.(Annexe 3) We therefore, request you to kindly take suitable action to advise the company to withdraw the advertisement from all media avenues or amend it with appropriate visuals or pictorial of breastfeeding as the primary nutrition for baby/infant than promoting bottle feeding.

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 visual depicted in the TVC, of a baby being fed in a bottle seen in conjunction with the claim of “Poshan” implicitly promotes bottle feeding and encourages negligence towards breast-feeding, The TVC contravened Chapter III.3 of the ASCI Code. The complaint was UPHELD.

COMPANY: Rupa & Company Ltd
PRODUCT: Euro Fashions Inners Cool Casuals

COMPLAINT:

ul but also difficult to watch it with family. Complaint no. 2 The advertisement is about EURO UNDERWEARS shown on Colors channel. In the advertisement a girl is seen riding a horse and sees a man who helps her get down the horse. The Girl in the advertisement is shown wearing inappropriate clothes and is not portrayed in a very decent manner. It is showcased on the channel somewhere between 9-10 pm which is like the standard time to watch television with the family. We watch Ashoka during that time. Complaint no. 3 Misleading ad of euro undergarments where the girl is offering herself for free to the boy. Complaint no. 4 It shows a woman skimpily dressed riding on a horse and then a man enters the scene on a horse. The girl gets off the horse and watches the man. The man come to the girl and asks "how much" and the woman says “for you it is free" in a very suggestive tone. The advertisement is indecent and cannot be viewed or explained to children. Complaint no. 5 A lady rides a horse, she wear an upper garment which is objectable. Ad shows here in different angles to highlight her exposing The lady dress is too indecent. Complaint no.6 It is abt a person riding the horse and a woman revealing her breasts with so many persons only wearing the under wears. In the end the person with the u/w so revealing that the kids even feeling uncomfortable and parents embarrassed. Such sexy/revealing ads must not be allowed on prime time and should be stopped with immediate effect.

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. The advertiser argues that the objected scene is based on a creative presentation in the advertisement where the boy after the horse riding clearly points towards the horse and ask the cost for the horse. Also, this creative was based on similar recent advertisement (where a scene of a petrol pump is shown) and was successful among the viewers. The CCC concluded that the visuals in the TVC depicting, “a woman’s breast” were vulgar and indecent. Also, the reference to “For you, it’s free” was considered to be sexually suggestive, objectifying a woman and in the light of generally prevailing standards of decency and propriety, the TVC was considered likely to cause grave and widespread offence to general public. The TVC contravened Chapter II of the ASCI Code. The complaint was UPHELD.

COMPANY: Amazon.com, Inc (Amazon-Return Policy)
PRODUCT:

COMPLAINT:

Complaint is related to TVC ad of amazon India, named as Apnidukan. Ad shows as where customer has purchased any product from amazon India in 2 or more units (which are same in color, design, quality, specifications) can return back to Amazon India as per easy return policy. Whereas return policy of Amazon India says Mobile phones/ large appliances/ Furniture, etc. are not part of return policy. This advertisement of Amazon India is mis-guiding Indian consumers who gets attracted towards Amazon India for online shopping and in-case they don't like the ordered product, return policy is not as easy/ flexible. Advertisement should show its return policy in TVC when they are claiming for EASY RETURNS in Telecommercial.Amazon Return Policy:https://www.amazon.in/gp/help/customer/display.html?nodeId=201149900

NATURE OF COMPLAINT:

 

RECOMMENDATION: UPHELD

The Advertiser was offered an opportunity for Personal Hearing with the ASCI. The advertiser representatives did not seek personal hearing and submitted their written response. The CCC viewed the TVC and considered the Advertiser’s response. The advertiser argues that due to the simplistic nature of the process involved in returning products purchased through the Amazon platform, the same has been advertised as “Easy Returns”. The terms of its Returns Policy are available on the Amazon website. The CCC noted that the advertiser’s web-site communication provides the terms and conditions applicable for the claim. However, the TVC does not have any reference to terms and conditions. The claim “Easy Returns” is therefore misleading by omission of appropriate disclaimer in the TVC. The TVC contravened Chapter I.4 of the ASCI Code The complaint was UPHELD.

COMPANY: Rajnish Hot Deals Pvt. Ltd (Play Win Capsule)
PRODUCT:

COMPLAINT:

For sexual pleasure objectionable under Drugs and Magic remedies (objectionable advertisement) Act

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 the advertisement read in conjunction with the pack visual and 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 Chapter III.4 of the ASCI Code. The complaint was UPHELD.

 

COMPANY: Amrutanjan Health Care Ltd
PRODUCT: Amrutanjan Pain Balm

COMPLAINT:

“India’s No.1 Pain Balm”

NATURE OF COMPLAINT:

In the product label - the company mentions that it is India’s no. 1 pain balm. I am a regular balm user. Recently I came across a pack of Amrutanjan pain balm in a shop. To my utter surprise, I found that in the pack label of the product, the company states that it is “India’s no. 1 pain balm”. In my view the said claim by the company is totally false. In the market there are balm brands like zandu balm, tiger balm, vicks vaporub which are far more popular than this balm. I think the company is trying to fool the consumers into believing what is untrue. I would request you to take action against the company over such false claims made by it.

RECOMMENDATION: UPHELD

The Advertiser was offered an opportunity for Personal Hearing with the ASCI. The advertiser representatives sought this personal hearing via telecon wherein they were requested to submit market research data to support their leadership claim. The advertiser submitted their written response. The CCC viewed the product packaging and considered the advertiser’s response. The advertiser argues that their pain balm is best in the Indian market and they are the first in India to launch a pain balm. They further stated that they have built brand value over the last 100 years ago and are not saying India’s No.1 selling on value or volume. Also their balm is the only one yellow in colour. Based on the above facts, they claim to be India’s No.1 pain balm. The CCC noted that the advertiser’s claim of being No.1 is a market leadership position claim and not of being the first to market. Advertiser did not provide any market leadership data in support of the claim. The CCC concluded that the claim “India’s No.1 pain balm” was not substantiated and is misleading. The product packaging contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD.

 

COMPANY: Colgate-Palmolive (India) Ltd Toothpaste)
PRODUCT: Colgate

COMPLAINT:

“The Colgate toothpaste advertisement in which it showing giving scholarship of lakhs to Colgate using peoples by calling their toll free number. Sir in this add it showing Colgate will give lakh of scholarship to Colgate using customer by give call to toll free number but it does not showing that how many scholarship will be provided by the Colgate. It should tell to how many peoples it will provide scholarship amount. Suppose they are to give scholarship to 10 peoples but their advertisement goes to crore people so it’s just luring peoples with some small amount to use Colgate please take action and tell us how many people will got the scholarship from Colgate.

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. The advertiser informs that the claim carries a disclaimer “Terms & Conditions apply”, “Please visit www.colgate.co.in”, “Purchase of product is not mandatory”. Also, the terms and conditions are very elaborate, with a super along with source. The advertiser also informs that there is no need to purchase the product, to participate in the offer and win the scholarship prize. As claim support data, the advertiser submitted the sample of the product packaging and a copy of the terms and conditions. The CCC concluded that the TVC was not in contravention of Chapter I.5(f) of the ASCI Code. The complaint was NOT UPHELD.

COMPANY: Kerala Fashion Jewellery (KFJ)
PRODUCT:

COMPLAINT:

The advertisement shows parents from many households introducing their daughters as "Tension"....After this the celebrity Prakash Raj appears and says girls of marriageable age are not the tension but rather the tension is to accumulate lots of gold for their marriage! The advertisement seems to depict the case that all women of marriageable age are a tension irrespective of their achievements... It show s women more as a commodity that needs to be given away with bags of gold without much self respect... It glorifies the concept of giving loads of Gold during the marriage which is a form of hidden dowry... In today's age and time are parents so materialistic or are girls having such less self respect??? The ad offends the sentiment of women like me. We choose to not be bartered for gold and hence not be seen as TENSION!!!!

NATURE OF COMPLAINT:

 

RECOMMENDATION: UPHELD

The Advertiser was offered an opportunity for Personal Hearing with the ASCI. The advertiser representatives did not seek personal hearing and submitted their written response. The CCC viewed the TVC and considered the Advertiser’s response. The advertiser argues that in the communication the word ‘tension’ is with reference to purchase of gold for wedding. The CCC concluded that the reference in the TVC, to daughters of marriageable age being “tension” derides gender and is derogatory for a girl child. The TVC also has an implied reference to the practice of “Dowry”, which is in violation of The Dowry Prohibition Act, 1961. The TVC contravened Chapters III.1 (b) and III.4 of the ASCI Code. The complaint was UPHELD.

COMPANY: GP Foods Pvt Ltd
PRODUCT: Gone Mad Choco Sticks

COMPLAINT:

As the name says it is a gone mad choco stick with chocolaty filling in the crunchy and delicate wafer, which is also made up of chocolate. I recently came across this T.V Ad for Gone Mad Choco stick where in the teacher is asking crazy questions to a pupil and at the end of the ad I could see that the pupil is showing the middle finger (chocostick) to the teacher which is not appropriate to the targeted audience (Students and Kids). This sends a wrong information/signal at the early stages of kids and students. Middle finger is termed as Obscene Hand Gesture worldwide. Please see attached video. Courtesy for middle finger: https://www.quora.com/What-does-showing-someone-your-middlefinger-mean http://www.urbandictionary.com/define.php?term=Middle+Fingerhttps://en.wikipedia.org/wiki/The_finger

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. The advertiser argues that the middle finger is not visible in the TVC and it’s the student’s fist holding the chocolate visible and it is not obscene in any manner. The CCC concluded that in the context of the advertisement, the visual of showing the fist uplift of the student with choco stick, is not likely to cause grave and widespread offence. The complaint was NOT UPHELD.

COMPANY: Kamla Kant & Company LLB
PRODUCT: Rajshree Pan Masala

COMPLAINT:

Rajshree pan masalaa child girl advertisement This advertisement link himself with save child girl drive with falsely and give massage that if someone who does not use this pan masalaa, he/she not have good thinking, this advertisement should be stopped.

NATURE OF COMPLAINT:

 

RECOMMENDATION: NOT UPHELD

The CCC viewed the TVC that has reference of saving a girl child. This reference was not considered to be objectionable. The complaint was NOT UPHELD.

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

COMPLAINT:

The TV commercial of ‘Kamla Kant & Company LLP – Rajshree Pan Masala’ “Anti Dowry Ad featuring Annu Kapoor. ASCI code does not permit the use of celebrities (e. g. In the field of cinema, sports and music) in ads of products which by law require health warning on its pack or cannot be purchased or used by minors. These advertisements can influence minors and encourage unsafe practices. Also supers are not as per ASCI guidelines.

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 (Anti-dowry 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, music and cinema for products which, by law, either require a health warning in their advertising or cannot be purchased by minors”. The complaint was UPHELD.

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

COMPLAINT:

The TV commercial of ‘Kamla Kant & Company LLP – Rajshree Pan Masala’ “Girl Child Ad featuring Annu Kapoor. ASCI code does not permit the use of celebrities (e. g. In the field of cinema, sports and music) in ads of products which by law require health warning on its pack or cannot be purchased or used by minors. These advertisements can influence minors and encourage unsafe practices. Also supers are not as per ASCI guidelines.”

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 (Girl Child 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, music and cinema for products which, by law, either require a health warning in their advertising or cannot be purchased by minors”. The complaint was UPHELD.

COMPANY: DJ Group
PRODUCT: Pan Bahar Pan Masala & Pan Bahar Crystal Pan Masala

COMPLAINT:

The TV commercial of ‘DJ Group- Pan Bahar Pan Masala & Pan Bahar Crystal Pan Masala’ Party ad featuring Saif Ali Khan. As per ASCI code advertisements should not feature personalities from the field of sports, music and cinema for products which, by law, require health warning on its pack or cannot be purchased or used by minors’. These advertisements can influence minors and encourage unsafe practices. Also, Supers are not as per ASCI guidelines.

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 noted that the TVC features Saif Ali Khan – 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, music and cinema for products which, by law, either require a health warning in their advertising or cannot be purchased by minors”. The supers/statutory warning were not clearly legible and hold duration of the supers was not adequate. The TVC contravened ASCI’s Guidelines for Supers. The complaint was UPHELD

COMPANY: Doctor Care Pharma Care Pvt. Ltd
PRODUCT: Syor Powder

COMPLAINT:

“Bhoolna mana Hai” “Trust of lakhs of students” “Syor powder is enriched with Brahmi and Shankhpushpi” “Brahmi and Shankhpushpi enhances concentration and memory manifold.”

NATURE OF COMPLAINT:

“Ad has a pictorial presentation of a school going boy who is smiling, raising his hands and trying to convey the feeling of success. The AD declares in Bold Letters ‘ I Love Studies---‘ and also ‘Trust of lakhs of students’ --- Syor Powder is packed with lots of Brahmi and ShankhPushpi – with chocolaty taste. Then gives in small letters the benefits of Brahmi and shankhpushpi as enhancers of concentration and memory and lures the gullible children with words - so go for (purchase) what you really need. At the bottom there is another catch line – Bhoolna mana hai – which is a trademark. Available at every provision and medical store. It is given in Ayurvedic literature that Brahmi and ShankhPushpi have, among many benefits, the benefit which can improve concentration and as a result memory. But just including them in the company’s formulation – it must be in powder form in this product – cannot be guaranteed to show the benefits claimed. It depends on the proper formulation, other ingredients of the formulation, etc. Company only boasts of trust of lakhs of students but have not got the product tested in any approved laboratory nor has got the product pass through clinical trials before marketing to establish that the product really helps in improving the concentration and memory, with how much of the product, after how long consumption of the product etc. In the current scenario of competition and parents wanting their children to do better and come ahead, company only tries to top the feeling of the parents to push their product.”

RECOMMENDATION: UPHELD

The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing and submitted their written response. The advertiser argues that their product is manufactured under most precise method of preparation & formulation and have necessary equipment and FDA licence. Advertiser did not provide a copy of the FDA licence. No support data was provided to substantiate the claims objected. The CCC concluded that the claims, “Bhoolna mana Hai”, “trust of lakhs of students”, “Syor powder is enriched with Brahmi and Shankhpushpi”, “Brahmi and Shankhpushpi enhances concentration and memory manifold”, were not substantiated and the claims are considered to be misleading. The advertisement contravened Chapters 1.1 and I.4 of the ASCI Code. The complaint was UPHELD.

 

COMPANY: Bajaj Corp Ltd
PRODUCT: Bajaj Almond Drops Hair Oil

COMPLAINT:

The advertisement as published in above media makes false and misleading claim, visualization and comparison. The advertisement also denigrate entire coconut hair oil category, content for comparison are chosen to derive artificial advantage, for the reasons as detailed in the complaint below.

NATURE OF COMPLAINT:

Bajaj Almond drops has 300% extra Vitamin E as compared to ordinary coconut oils. “Ordinary coconut oil” is embossed/placed on a blue bottle Challenge The Complainant is one of the leading players in the FMCG market in India, and has products which include edible coconut oil and perfumed coconut hair oil. PARACHUTE and NIHAR Naturals Edible Coconut Oil are two of the leading products of Complainant. The product sold under the brand PARACHUTE has been sold as edible oil since 1948 and in a blue bottle since the year 1979. Since then Complainant has continuously sold its products under the brand PARACHUTE in blue bottles. It is further submitted that Parachute Edible Coconut Oil has about 48% market share in India. Complainant also sells edible coconut oil under the brand NIHAR Naturals and coconut oil under the brand NIHAR have been sold since the 1990’s. The product NIHAR Naturals is sold in a bottle which was subject matter of design registration NO. 183198 which expired on 11th August 2015 and is currently subject matter of trade mark application NO. 3049201. Nihar has been sold in the said bottle shape since 8th November 2000. The Complainant recently came across the impugned advertisement in which a blue bottle was depicted stating that it was “ordinary coconut oil”. On comparing the blue bottle as shown in the impugned advertisement, it is clear that the Advertiser has used Parachute`s blue colour along with the Nihar Naturals’ bottle shape for the purpose of unfair comparison. The visuals of the advertisement as shown above are clearly aimed at denigrating the Complainant’s products. It is pertinent to point out, that the Advertiser is making a completely incorrect comparison as it is comparing a edible oil with an hair oil. From the perspective of an average person with imperfect recollection it is a very unfair comparison. Such comparison cannot be permitted as it misleads the public into the utility of Complainant’s aforesaid products. It is reiterated that Parachute and Nihar Naturals are edible oils. In addition to the above, the Advertiser has also placed the words “Ordinary Coconut Oil” on the blue bottle. This is incorrect as a food has a different functionality and utility than a hair oil. By using the adjective “ordinary” along with the indicative word “coconut oil” with respect to food, which is consumed, is not only derogatory but misleading. Such a linkage between the two products with completely different utility misleads the consumers. The advertisement seeks to give an impression that the Coconut Oil sold in the blue bottle is hair oil whereas in reality it is edible oil. This is clearly designed to give an incorrect impression to the viewer that coconut oil is sub standard, and the use of the word ordinary is clearly in a derogatory and denigrating manner. CLAIM : 300% MORE VITAMIN E As we have already submitted that the Advertiser is making a completely incorrect comparison as it is comparing a food product with a hair oil. Further Coconut oil does not contain Vitamin E. Comparison with a product/oil that contain zero or no vitamin E is an unfair comparison. It is not a like-to-like comparison that by itself clearly establishes the unfairness of the comparison. It is a fact that Coconut Oil does not contain vitamin E and mere presence of trace level of any vitamin which is not part of formulation by design cannot be considered as fair comparison. PARACHUTE ADVANSED Hair Oil, which is also sold in a different blue bottle. If it is in fact coconut hair oil being sold in a blue bottle with which a comparison is being made, the claim of 300% more Vitamin E is factually incorrect as it contains more vitamin E than Advertiser`s Product. This is a deliberate anti competitive action taken by the Advertisers only to increase its market share by misleading the consumers through unfair and unlawful means. Further advertisement amounts to creating a false propaganda about Coconut Oil to peddle their product by drawing a misconceived comparison, the very foundation of which is incorrect. Claim: a. Give complete nutrition to hair from root to tip (Bengali Advertisement) b. ……this is enriched with almonds’ nutrition that gives your hair complete nourishment. (Marathi Advertisement) Challenge: Advertiser is misleading consumers by advertising that the impugned product will provide Complete Nourishment to the consumer’s hair, this is against the consumers interest, they are attempting to convince consumers that using their product Consumer do not need any other remedy/solution for their hair problems. Further they are seeking to convey that almond oil can provide complete nourishment, which is factually incorrect. All statements/claims/visual presentation is intended to mislead the consumer for commercial gain. They are not based on any adequate scientific study and in gross violation of the ASCI Code.

RECOMMENDATION: UPHELD

The claim support data for Review was reviewed by the technical expert of ASCI. The CCC viewed the print advertisement, the TVC, and considered the Advertiser’s response for Review as well as the opinion of the Technical expert presented at the meeting. As claim support data, the advertiser provided published paper of International Food Research Journal 20(5) 2013 (more recent than the 2011 paper cited earlier, namely, American Journal of Applied Sciences 8(5): 407-412, 2011) as well as other reports that show the presence of Vitamin E in virgin or pure coconut oil. A case was also made that the variable reports in the literature of differing Vitamin E content in coconut oil may arise from differing sources (fresh or from copra, genetic variants) of the oil and also different processing conditions (virgin, as expelled, processed, purified, etc.). Emphasis was given to the actual analytical reports submitted, e.g., of coconut oil from the Coconut Development Board, which shows 22ppm of vitamin E in coconut oil, and an independent test party report from Intertek. This shows two batches of Bajaj Almonds Drop Oil testing at 300% or better than coconut oil of various brands tested. It was also noted that the commercially obtained coconut oil is normally solvent extracted, processed or refined and could lose the natural Vitamin E in virgin coconut oil. Based on the above opinion, the CCC concluded that the claim, “300% more Vitamin E”, was substantiated. This complaint is Not Upheld on Review. Advertiser further argues that the claim, “Rich with almond Oil”, is based on the fact that Bajaj Almond Hair oil does contain almond oil in required proportion among other vegetable oils. However this was not substantiated with authentic quantitative evidence. There was no substantiation such as penetration of the ingredients into hair (of Almond oil / of Vitamin E) to support the claims, “It is rich with Almond oil and because of which hair get complete nourishment” and “Gives complete nourishment from root to tip”. This contravened Chapter I.1 of the ASCI Code. This decision of complaint being Upheld stands on Review.

 

COMPANY: Kimberley Clark Lever Ltd.(*)
PRODUCT: Huggies Wonder Pants

COMPLAINT:

No. of complaints - 2 Complaint 1 “Unlike any other diaper advertisement, this shows kids in a bad light & competition - dance & exposure. Obviously this has not been done with the consent on the children. How does such Advertisements get approval?” Complaint 2 “Two little girls are shown half naked. Why only girls are shown in the ad. There is no necessity to show half naked girls. With some clothes also one can very well show about the product.”

NATURE OF COMPLAINT:

 

RECOMMENDATION: NOT UPHELD

The CCC viewed the TVC and considered the Advertiser’s response for Review. Advertiser provided examples of similar TVCs showing babies clad in diapers or depicting their bottom. Advertiser argues that a child dancing on stage and not inside a home was only a creative way to depict the product advantage, via creative exaggeration of a natural baby activity like dancing. The CCC concluded that showing a diaper clad child is not necessarily objectification of a child and especially, in home situation as against the situation depicted in the TVC would not be a deciding factor for this complaint. In the absence of ASCI Guidelines for portrayal of children in advertising specific to the product category such as diapers, the TVC is not in contravention of the ASCI code. The complaints are Not Upheld on Review.

COMPANY: CL Educate Ltd (CLAT 16/17 Program)
PRODUCT:

COMPLAINT:

“64.6% of the Top 100 ranks in CLAT are LSTians”

NATURE OF COMPLAINT:

The Advertisement is given by Career Launcher Classes, an institute which provides training for CAT. The advertisement is published for CLAT-16/17 program in Times of India, New Delhi Edition, page 3, dated 23rd January, 2016, which mentions that the institute has stated [ 64.6% of the Top 100 ranks in CLAT are LSTians] along with photographs of students under the heading LST Hall of Fame. In the said advertisement Career Launcher claims that [64.6% of the Top 100 ranks in CLAT are LSTians], on what basis this percentage is given? Does CL have any basis to substantiate the said claim? Does the content convey that merely by enrolling with CL; student will be selected by World’s Top employers? Merely by putting Audited results doesn’t make this claim authentic. It seems that this is an overstated and misleading claim used with intention to allure and mislead students

RECOMMENDATION: NOT UPHELD

The ASCI had approached the advertiser for their response in addressing the grievances of the complainant. However, in the absence of response, an exparte decision was taken. On receiving ASCI’s communication conveying the decision of the CCC, the advertiser informed ASCI that they did not receive ASCI’s earlier communication and sought a review of the ASCI’s decision. The advertiser 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 CA certificates for the years 2013,2014 and 2015 exams and as per the auditors report, 66 CL LSt students were in top 100 ranks for Clat 2013, 67 CL LST students were in top 100 ranks for Clat 2014, and 61 CL LST students were in top 100 ranks for Clat 2015. The CCC concluded that the claim, “64.6% of the Top 100 ranks in CLAT are LSTians”, was substantiated with audited results. The complaint is Not Upheld on Review.

 

COMPANY: Nirma Limited
PRODUCT: Nirma Blue

COMPLAINT:

Number of complaints-2 Complaint no.1 As per advertisement some children throwing solid wet mud ball to each other. And then they ask to use Nirma Blue detergent & bar to clean cloths. Children can try this at home as play and throw this kind of solid wet mud balls to each other. Which can be dangerous for children. These mud balls can hit eyes .Please do needful. Complaint no.2 Elder boys are playing paint ball. Small children request them but they don't allow them. Then they play in mud and throw mud ball at each other. Ad is showing the small children throwing mud balls at each other. This can be dangerous while other small children can get hurt while doing the same. They can even hurt their eyes.

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 it is clear in the TVC that water and mud splash and come together as soft wet mud balls which cannot harm. Also, adults are shown to mingle with the children having fun thus ensuring overall responsible behavior. The CCC concluded that in the context of the advertisement showing soft mud being splashed, the visuals shown in the TVC are not objectionable. The complaints were NOT UPHELD.

COMPANY: MATS Institute of Management and Entrepreneurship
PRODUCT:

COMPLAINT:

“Highest Package Offered 1) International - 28 Lakhs / annum 2) Domestic- 15 Lakhs / annum

NATURE OF COMPLAINT:

These claims need to be substantiated with necessary support data.

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 advertisement and considered the Advertiser’s response. Advertiser argues that this complaint lodged by ASCI is untenable and sought clarifications from ASCI as to the provision under which the ASCI Code has statutory force. They further requested for extension of time from the date of ASCI providing these clarifications. ASCI responded to their queries and granted them an extension of five days to the standard lead time of five days to submit their reply. The Advertiser did not provide specific comments on the complaint with the required supporting data. The CCC concluded that the claim, “Highest Package Offered - International - 28 Lakhs / annum - Domestic- 15 Lakhs / annum”, was not substantiated with evidence to prove that the individual students were indeed given the salary offer. Also, the claim 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: Bullet Capsule
PRODUCT:

COMPLAINT:

non sense ad. 5 times already complain about it just 2-3 moth off this ad but again comes in ABP Ananda news and other Bengali news channel just spread violence and wrong way to youngster shame on u who does not take any step after complaining 5 times no steps of ban this type of sexual ads in news channel.

NATURE OF COMPLAINT:

 

RECOMMENDATION: UPHELD

The ASCI approached the concerned Media (ABP Ananda) 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 the absence of response from the concerned media and comments from the advertiser, the CCC concluded that the claims in the TVC (in Bengali) read in conjunction with the packs 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 and is misleading by implication. The TVC contravened Chapters I.4 and III.4 of the ASCI Code. The complaint was UPHELD.

COMPANY: India Webportal Private Limited (BGR Media LLC)
PRODUCT:

COMPLAINT:

“BGR.IN No.1 Tech Site

NATURE OF COMPLAINT:

False claim being made by BGR Media, LLC, that they are the number 1 Indian Tech Site. This claim is false and incorrect. Please find attached the Comscore report which BGR is using to claim they are #1 in India. We had provided the data from NDTV Gadgets 360 along with Times Of India Tech, both of which BGR Media has chosen to ignore while publishing their list. Please note that the data that they have highlighted are for the desktop users. Also attached are the Comscore mobile report of the same sites (for users accessing these site using their mobile browsers). If one adds this to the desktop data, NDTV Gadgets 360 is more than 4 times the size of BGR. in.

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 in the Ad, “BGR.IN No.1 Tech Site”, was not substantiated and is misleading. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD.

 

COMPANY: Lovrect
PRODUCT:

COMPLAINT:

“My objections are as follows: 1) The Ad pertains to a product intended to regain sex life. It says the product is not a pill, not an injection, not a spray. It is a safe, US-FDA approved machine for men who are unable to enjoy sex with their partners. This product makes them capable of enjoying sex and there are no side effects. It is useful for men of all ages and needs no medical approval of your doctor. Its benefits are safe and approved by doctors. Simple to use. It can be used for a long time. No medical advice necessary. Patients of diabetes, BP and prostate can also use it. For immediate info SMS ‘LOV’ to 8826099670. 2) Life has limit but love has no limit. Gives telephone no. Of Delhi – 011-47110711(100 lines), Mobile 09711336990, 09711336991, 09711336992. Has website – www.lovrect.com, email – This email address is being protected from spambots. You need JavaScript enabled to view it. 3) A pictorial presentation shows a smiling couple as if satisfied with its use. 4) 100 lines of a Delhi landline no. Indicates that there may be some connection with the telephone dept. How mobile nos are obtained without disclosing details of company? 5) Such Ads incite young generation to adopt such unscrupulous means to get the sex power for enjoyment. I think such products and their Ads should be banned. How can ‘US-FDA’ approved label be used to promote this product? How our health ministry sits silent on the sale of such products? There are hundreds of such questions.”

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 in the Ad (in Gujarathi), as translated in English, “Best solution for couples”, “Get back your sex life”, “Loverect is a safe, US-FDA certified device for those men who are not able to enjoy with their partner”, “This is not a medicine, pill, injection or spray. This makes you fully capable and this does not have any side effects”, “Suitable for all age groups and medical conditions”, “No pill. No injection. No surgery”, “Benefits of Loverect: Safe and certified by medical practitioners, Easy to use, For a longer period, No need for medical consultation, Diabetes, B.P. and prostrate patients can also use”, were not substantiated and were misleading. Also, the claims pertaining to the benefits of the product 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: Brad Ayurveda
PRODUCT: Brad Ayurveda Eye Drop

COMPLAINT:

Brad Ayurveda’ misleading advertisement that use of eye drops can rid of glasses. There is no scientific evidence that eye drops can give away glasses use. The so called ayurvedic physician running this pharmacy doesn’t even have a valid degree also.

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 TVC. In the absence of comments from the Advertiser, the CCC concluded that the claims in the TVC, “Helps in reducing the numbers for eyes”, “Increases the brightness of eyes, removes blurriness”, were not substantiated, and the claims are misleading. Also, specific to the claims implying improvement in eye sight, 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: Vini Cosmetics Ltd
PRODUCT: Fogg Deo

COMPLAINT:

“India’s No.1 Perfume Body Spray”

NATURE OF COMPLAINT:

On what basis the company claim it to be number 1?

RECOMMENDATION: NOT UPHELD

The CCC viewed the TVC and considered the Advertiser’s response. As claim support data, the advertiser provided a copy of confirmation letter from Neilsen that FOGG has 19.5% value share in Deodorant Segment of Fragrance Category and is ranked first in value sales in the Deodorant Segment. The CCC concluded that the claim, “India’s No.1 Perfume Body Spray”, was substantiated. The complaint was NOT UPHELD.

COMPANY: Jasper Infotech P. Ltd
PRODUCT: Snapdeal.com – Mobile Accessories Mela

COMPLAINT:

Complaint no.1: snapdeal give us offer name flash sale on 22 and 23 feb at 2:00pm they give us product at Rs 11 I buy two time same product at rs 11+30 delivery charge two time in flash sale in flash they mention product price 11 when I purchase they cancel my order ist they say verification failure because I pay online so there is no need of verification when I told them there is no need of verification when we pay online then they say price error pls look into matter because they every time make fool us thanks” I have 4 -5 proof I will send one by one this is confirmation mail in this I place order at rs 11+30 delivery charges This 2nd proof in this they cancel my order by saying price error see this I will give all detail with date and time These are twitter status I will add photos and videos of advertise where they mention 11 rs sale 2pm https://twitter.com/snapdeal/status/702030878235439104 https://twitter.com/snapdeal/status/701651257308479488 thes are facebook status https://www.facebook.com/Snapdeal/photos/a.10150210480210393.434702.471784335392/10156691723390393/ ?type=3&theater https://www.facebook.com/Snapdeal/posts/10156687922050393 u can check this in there status time and date is mention thanks if any more information then pls tell me they always making fool there customer Complaint no.2 snapdeal.com advertised "Mobile accessories mela starting at Rs. 79 (on 22 &23rd Feb, 2016)" offer at their website as well as on twitter on 19 Feb 2016. In this advertisement they offered Rs 11 Flash Sale which is supposed to be held at 02:00 PM on 22 & 23 Feb 2016. https://twitter.com/snapdeal/status/700885119431610369 Snapdeal.com advertised fake offer on their website (Link:http://i2.sdlcdn.com/img/storefront/02/VD_mobile&AccessorisMela_1280_ver_1_12Feb.jpg)and twitter handle (link: https://twitter.com/snapdeal/status/700885119431610369) in which they offered Rs 11 flash sale to attract customers to their website & to snapdeal android app. But it was false/misleading advertisement because when I placed order for Selfie stick (http://www.snapdeal.com/product/xtraclick-plus-wiredselfie/669250523104) durinf the said Flash Sale and Paid Rs 11 plus Rs 30 for shipping, then I got email that says it is price error and they cancelled my order ID: 11914899636 dated 22-02-16. Even now they removed Rs 11 Flash sale line from their offer page http://www.snapdeal.com/offers/regularmobileacc But Initially they get lots of click on their server and generate traffic by advertising false/misleading offer. Customers like me faced mental agony due to such fake advertisement. You are requested to take necessary action against this fraud/cheat offer of snapdeal.com” Please find required Screenshots and links of snapdeal misleading advertisement. This Advertisement was Published on snapdeal website on 22-02-2016 at the following link: http://www.snapdeal.com/offers/budget-mobile-acc in which they advertised that Rs 11 Flash sale will start at 02:00 PM on 22 & 23rd Feb 2016 (Screenshot of Advertisement taken on 22-02-2016 at 01:55 PM is attached herewith) and also they advertised it on twitter on 19-02-2016 @07:30 PM see this link: https://twitter.com/snapdeal/status/700885119431610369 After seeing this advertisement lots of customers wasted their time in placing order. Even I have made lots of efforts & got success to Place one order in Rs 11 (Order ID: 11914899636) but snapdeal cancelled my order by saying it was price error. How do snapdeal already know that Rs 11 price error will occur after 02:00 PM. it was intentionally Advertised to mis lead customers and to generate traffic on snapdeal server. Snapdeal always doing such cheap activity to get attention of customer and to increase their TRP. This time they used false/mis-leading advertisement on website and on twitter to cheat innocent peoples like me. We have wasted our time and money after seeing such fraud Advertisements. Please take strict action against this cheating.”

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 advertisement and considered the Advertiser’s response. Advertiser states that the orders placed by the Complainant were cancelled on account of a technical error during price upload by the seller and same was informed to the complainant. During the flash sale, a total of 16 successful orders were sold by the seller at a sale price of Rs. 11. As claim support data, the advertiser gave a list of codes of 86 successful orders placed against the concerned product on Feb 22, 2016. Advertiser further states, that they cannot share any other details of these orders due to the confidential nature of the information. The CCC concluded that the claim offer of “Snapdeal Accessories Mela – Flash sale at just Rs.11/-”, was inadequately substantiated and is misleading by ambiguity. The advertiser could have provided evidence such as consumers details, telephone nos of consumers, or an audited data, for verification. The website advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD.

 

COMPANY: Kalyan Jewellers
PRODUCT:

COMPLAINT:

The ad is about a daughter taking her mother to Kalyan Jewellers showroom in T.nagar, Chennai and introducing it as the biggest jewellery showroom in the world. JoyAlukkas T.nagar Showroom is about 70k sqft large while Kalyan showroom is only about 40k Sqft. What is the criteria to call themselves biggest/largest showroom? This advertisement is misleading.

NATURE OF COMPLAINT:

 

RECOMMENDATION: UPHELD

The advertiser representatives were given personal hearing by ASCI . During the personal hearing the Advertiser verbally informed ASCI that JoyAlukkas may have had a bigger showroom 4-5 years ago but their current space for retail is not as big. The advertiser did not have any comparative data to validate their claim. The CCC noted that no written response was received from the advertiser prior to the due date. In the absence of comments from the Advertiser, the CCC concluded that the claim, “Kalyan Jewellers is the biggest jewellery showroom in the world”, was not substantiated with comparative data versus other similar showrooms and is misleading by exaggeration. The TVC contravened Chapters I.1 and I.4 of the Code. The complaint was UPHELD.

COMPANY: Coolpad Communications Private Ltd (Coolpad Note 3 Lite)
PRODUCT:

COMPLAINT:

The Company relies on making FALSE and Misleading promotion to sell its product, both on the company website and its facebook promotion page. 1-The company is showing misleading /photoshoped images of the phone to hide the THICK BLACK BEZEL its posses around the display of the phone. 2-Made fake promises of 'MAKE IN INDIA' device, though I ordered it twice and thrice and CHINA made product only. Many people facing the same issue. 3- Company promised to provide Black variant of its popular phone on 25/02/2016 sale, instead it sold White variant only smartly. The company must stop such misleading promotion activities and must apologise for the same. Otherwise strict action must be taken against it.

NATURE OF COMPLAINT:

 

RECOMMENDATION: UPHELD

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 website advertisement, and considered all the details/screen shots of the Ads provided by the complainant to prove that the product provided to him was a white variant which was made in China. In the absence of comments from the Advertiser, the CCC concluded that the claims, “Coolpad Note 3 lite is made in India”, “Coolpad Note 3 will be available in black and white variant in upcoming flash sale on 25th February”, is false and misleading. The website advertisement contravened Chapters I.1 and I.4 of the Code. The complaint was UPHELD.

 

COMPANY: Clues Network Pvt Ltd- (Shopclues.com – Mall Nahi Market)
PRODUCT:

COMPLAINT:

In the advertisement they have a line "500 ke ek note mein 600 deo, 100 jacket hai."( by spending 500 rupees you can get 600 deodorants and 100 jackets). I want to avail this offer they claim. Because I browsed through there entire website but could not find any such deals. Please help me regarding this. They should not give such misleading advertisements. If they do so then they should provide it as well.

NATURE OF COMPLAINT:

 

RECOMMENDATION: NOT UPHELD

The CCC viewed the TVC and considered the Advertiser’s response. Advertiser states that the advertisement is a jingle and the only thing it claims is that there are many options to choose from in merely 500 rupees. The CCC concluded that the claim offer "500 ke ek note mein 600 deo, 100 jacket hai." is not likely to be understood as making literal or misleading claims for the advertised product. Also, the offer is subject to terms and conditions as the TVC states “T&C apply”. The complaint was NOT UPHELD.

COMPANY: Marico Limited
PRODUCT: Nihar Shanti Amla Hair Oil

COMPLAINT:

“Nihar Shanti Amla Hair Oil is the largest selling brand in this category in India”

NATURE OF COMPLAINT:

The obvious message contained in the advertisement is that the product Nihar Shanti Amla Hair Oil is the largest selling brand in this category in India which is absolutely untrue. The said claim made in the advertisement is evidently misleading in as much as the consumer is being led to believe that Nihar Shanti Amla Hair Oil is the largest selling Amla Hair Oil in the country, whereas it is not so. The assumption that the tagline is intended to convey the said message is further reinforced from a careful reading of the advertisement in which there is a disclaimer at the bottom that Nihar Shanti Amla Hair Oil is the largest selling brand only in the States of Maharashtra, Gujrat, Madhya Pradesh & Chhattisgarh, which are mentioned in the disclaimer”.

RECOMMENDATION: NOT UPHELD

The CCC viewed the print advertisement and considered the Advertiser’s response. As claim support data, the Advertiser provided copy of Nielson report which reflects the leading market position of Nihar Shanti Amla in the States of Maharashtra, Gujarat, Madhya Pradesh and Chhattisgarh. Advertiser states that the product pack in the advertisement has only a limited launch in Chhattisgarh and Madhya Pradesh and is targeted to consumers of Chhattisgarh and Madhya Pradesh only. The claim of No.1 is not false and misleading as the advertiser claims leadership in four states with limited launch and limited publication and has disclaimers to that effect in the advertisement. The CCC concluded that the claim of “No.1 Amla Kesh Tel” was substantiated. The complaint was NOT UPHELD.

 

COMPANY: Tara Homeopathy Clinic
PRODUCT: Tara Clinic Re-grow Hair on Bald Head

COMPLAINT:

“Re-grow hair on bald head by using advanced scientific method.”

NATURE OF COMPLAINT:

1) Digital copy of the advertisement is attached. 2) URL: http://epaper.bhaskar.com/Khandwa/162/01032016/mpcg/1/ The advertisement says that Tara Clinic will re-grow hair on bald head by using advanced scientific method. The method is not disclosed. The advertisement says 'conditions apply'. What are these conditions? Phone numbers are given so that they, while talking, can gauge your financial ability etc.

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 CCC 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 aAdvertisement, (in Hindi) as translated in English, “re-grow hair on bald head by using advanced scientific method”, was not substantiated. The visuals showing the images of before and after the treatment were misleading. Specific to the claim of “100% guarantee” implying cure of baldness (a condition referred in Schedule J of the Drugs and Cosmetics Act), the advertisement is in Breach of the law as it violated The Drugs & Cosmetics Rule 106. The advertisement contravened Chapters I.1, I.4 and III.4 of the ASCI Code. The complaint was UPHELD.

 

COMPANY: Dr Khalid’s Positive Health Clinic
PRODUCT:

COMPLAINT:

Complaint “Digital copy of the advertisement is attached. URL: http://epaper.patrika.com/740519/Patrika-Khandwa/06-03-2016#page/17/1 The advertisement claims to treat successfully extraordinary diseases with unani drugs like: Woman specific diseases, Man specific diseases, Stomach diseases (Acidity, constipation, stone, gas,?, colitis, piles, hepatitis, IBS) .”

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 Advertisement, (in Hindi) as translated in English “Successful treatment of all incurable diseases with Unani Drugs”, is misleading by gross exaggeration and was not substantiated. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD.

 

COMPANY: Jolly Health Care
PRODUCT: Jolly Sunsex Gold Capsule & Tel

COMPLAINT:

“Digital copy of the advertisement is attached. URL:http://epaper.patrika.com/740519/Patrika-Khandwa/06-03-2016#page/20/1 The advertisement insinuates that using the capsule and oil will invigorate married (meaning sexual) life.”

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 advertisement, (in Hindi) as translated in English “for happy married life” read along with other declarations “Very beneficial for men” and reference of use of oil along with capsule read in conjunction with the pack 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 and is misleading by implication. The advertisement contravened Chapters I.4 and III.4 of the ASCI Code. The complaint was UPHELD.

 

COMPANY: Shree Narayanan Ayurvedic Pharmacy
PRODUCT: Lion Brand Va-nari Vati Special Pill

COMPLAINT:

• When you lose energy • Containing 14 energy booster herbs • ‘Lion Brand’ Va-nari vati special • Removes physical weakness • Strengthens weak limbs • Nourishes the seven elementary substances of the body • Nourishes endocrine glands

NATURE OF COMPLAINT:

I enclose herewith ad of product promoted for Sex-Power Enhancement, which appeared in Divya Bhaskar, Vadodara, dt 28/02/2016: Lion Brand Va-nari Vati Special by Shree Nar Naraya Ayurveda Pharmacy, Ahmedabad-13 My objections are as follows: The product is promoted and sold for enhancement of sex power, to remove the deficiency of erection for men, to nourish the internal sex hormones and ‘saptadhatu’. Va-nari vati ad declares it being popular and in use for 68 years. 1) It is an ayurvedic product and no ingredients are mentioned nor any scientific study quoted which has certified the effectiveness of the products for the claims made. 2) It has become a fashion now-a-days to promote sex enhancement products under the guise of ayurvedic / herbal products, without any side effects. There are no substantive proofs of any claim.

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 the advertisement, (in Gujarathi) as translated in English, “Removes physical weakness”, “Strengthens weak limbs”, “Nourishes the seven elements of the body”, “Nourishes endocrine glands” were not substantiated and are misleading. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD.

 

COMPANY: Divisa Herbal Care
PRODUCT: Dr. Juneja’s Accumass

COMPLAINT:

“Digital copy of the advertisement is attached. URL:http://epaper.patrika.com/735614/Patrika-Khandwa/01-03-2016#page/5/1 Humbug claims Greatly helps in Gaining weight Greatly helps in Gaining confidence Certified ayurvedic medicine Completely safe If at all it is certified, is it certified that it will help in gaining weight? If at all it is certified, is it certified that it will help in gaining confidence?”

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 the advertisement, (in Hindi) as translated in English “Gain weight”, “Greatly helpful in Gaining weight”, “Certified ayurvedic medicine”, were not substantiated with evidence of efficacy and product approval from the licencing authority and were misleading. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD.

 

COMPANY: Jolly Healthcare
PRODUCT: Fat Go Powder, Capsules, Oil

COMPLAINT:

‘an advanced and ayurvedic’ method to control weight.’ ‘Take the powder, in empty stomach, in place of one meal’, ‘There will be no feeling of hunger or weakness’, ‘This powder inhibits calorie intake. 14 extreme active ingredients present in the powder help decrease paunch.’ ‘Take 2 capsules twice a day. This helps in converting excess fat into energy from advance formula containing essence of Green Tea, Pine Apple, 15 ‘jadi booti’ similar to ‘vilayati imli’ If you are troubled by -stretch marks -hanging paunch -loose paunch Apply the oil on paunch and thigh and massage gently with light hands, before going to bed in the night.’

NATURE OF COMPLAINT:

The ad of Jolly Fat Go claims, ‘an advanced and ayurvedic’ method to control weight.’ Appears to make bogus claim. Government should verify the claim. Fat Go Powder – Claims ‘Take the powder, in empty stomach, in place of one meal’,‘There will be no feeling of hunger or weakness’, ‘This powder inhibits calorie intake. 14 extreme active ingredients present in the powder help decrease paunch.’ The advertisement asks you to miss one meal, in plain words. It attempts to create a psychological condition in the mind of the user that after taking the powder he will not feel hungry. (If one meal is missed it would be really great reduction in calorie intake on its own, not by the work of powder. That would really go a long way in reducing the fat/weight of the user. But that is how the advertiser catches the unwary! This powder cannot retard/ suppress hunger. No substitute in the world has been found to retard/suppress hunger! Even astronauts in space have to take regular meal, though in a different form. The advertisement does not say active ingredients will suppress hunger or feeling of weakness. It simply says they will decrease the paunch. (Earlier the advertiser has said that the user will forgo a meal on taking the powder, then he says that the active ingredients in the powder will reduce the paunch. He is manipulating the user to forgo one meal without realizing it. If a person misses one meal every day, that will be a big deal--that deficiency alone will reduce the weight/paunch—it is not the active ingredients which will reduce the paunch. This is trickery!) It cannot be proved in any clinical trial (with good number of people, having various eating habits) that they will not feel hungry till the time of next meal, after taking the FAT-GO Powder. The main trick is to make the user to forgo one meal. The Powder, the Capsule and Oil are only diversions. If any user, after being failed by JOLLY FAT-GO, decides to contest the seller, he will have insurmountable problems. The seller normally has a lot of ruffians down the line. The girl at the call-centre herself will dispute that JOLLY FAT-GO has failed him. She will definitely say, “You have not used the powder/capsule as instructed. If you have followed our instructions the powder/capsule would not have failed you. “Forgoing a meal every day is part of the manual of instructions for using JOLLY FAT-GO. You cannot violate this condition for getting effective result from the product. Fat Go Capsules-Claims-‘Take 2 capsules twice a day. This helps in converting excess fat into energy. This helps in converting excess fat into energy’, ‘This capsule is made from advance formula containing essence of Green Tea, Pine Apple, 15 ‘jadi booti’ similar to ‘vilayati imli’. There is no stuff in the world which when taken will burn up the fat. The capsule (with miraculous ingredients) is a red herring—it diverts our attention from the fact that the user has already been asked to starve, by the FAT-GO Powder. Fat Go Capsule-Claims-‘If you are troubled by -stretch marks -hanging paunch -loose paunch Apply the oil on paunch and thigh and massage gently with light hands, before going to bed in the night.’ Can any oil tighten up a paunch? Massaging with oil is a diversionary tactic. The words ‘night’ and before ‘bed time’ are added to convince the user that oil is doing something inside the body silently while at rest.

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 the Advertisement, (in Hindi), as translated in English, For Jolly FatGo Powder - “an advanced and ayurvedic method to control weight”, “Take the powder, in empty stomach, in place of one meal”, “There will be no feeling of hunger or weakness”, “This powder reduces calorie intake. 14 extremely effective ingredients present in the powder help decrease paunch”, For Jolly Fat Go Capsule - “Take 2 capsules twice a day. This helps in converting excess fat into energy”, For Jolly FatGo Oil - “If you are troubled by ‘stretch marks’, ‘hanging paunch’, ‘loose paunch’, “Apply the oil on paunch and thigh and massage gently with light hands, before going to bed in the night”, “we firmly believe that you would see excellent results in few weeks”, were not substantiated with product details and proof of efficacy and were grossly misleading. The advertisement contravened Chapters I.1, and I.4 of the ASCI Code. The complaint was UPHELD.

 

COMPANY: Saturday Sunday Media Internet Pvt Ltd
PRODUCT: Bookmyoffer.com

COMPLAINT:

“Rayban Aviator with 3 pairs of Branded Socks”

NATURE OF COMPLAINT:

They are promising the original & factory made rayban shades with three pairs of socks again from a branded brand like Adidas, puma etc. I ordered the same and paid. When opened it's all fake. I paid 1048/- for total. Exact things: Rayban duplicate: available in market for Rs. 350/- only. Socks: 3 pairs rs. 100/- only. URL:http://www.bookmyoffer.com/mensingle-day-deal/rayban-aviator-with-3-pairs-branded-socks/p-080467786401453797-cat.html I want strict action against them and block of such websites which misleads the persons and consumers by showing original products and delivering duplicate things. They must mention over it, these are the copies or duplicate products. At least the consumers have the choice whether to purchase them or not.

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/internet advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claim, advertisement, “Rayban Aviator with 3 pairs of Branded Socks” was not substantiated and is misleading. The website/internet advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD.

 

COMPANY: Just Dial Limited
PRODUCT: Just Dial

COMPLAINT:

They write "JD Verified" against the suppliers/service provider without verifying the fact. In the present advertisement a chocolate supplier M /s Chocolate Mozart A-231, + DLF Pl^rase 1 Grrrgaon-121002 has been suggested by them as reliable co. which do not have F&B licence, Vat No. , has no factory, Service Tax No. etc Just Dial is misleading public by promoting the business of Persons who don't hold any professional expertise by charging money through it's website.

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 ASCI’s communication requesting confirmation of compliance with the CCC recommendation, the advertiser responded with their comments. ASCI accepted their response for a Review of the CCC decision. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek a personal hearing. The CCC viewed the website advertisement and considered the Advertiser’s response. Advertiser argues that “JD Verified" mark, states that the information of business establishments, professionals or service providers has been verified as existing and correct at the time of the advertiser's application to register with Just Dial. The CCC observed that there is neither any indication about the nature of verification, nor a hint or a rider to suggest that the verification is restricted to a particular aspect such as “self declaration by the business establishment” in the claim “JD verified” itself. The unsuspecting consumer has no clue that a restricted / limited / qualified interpretation has been assigned to the JD Verified and "thumbs up" icon. The CCC noted that the claim, “JD Verified” implies that the advertiser himself has verified the business establishment for certain parameters and are giving their stamp of approval; whereas the advertiser has put this responsibility on the business establishment and has accepted their declarations as such, without any checks from their side . Regardless of the disclaimer or “Terms of Use for Information Dissemination”, the claim is therefore misleading by ambiguity and implication, giving a wrong sense of security to the viewer / customer. The CCC concluded that the website advertisement contravened Chapter I.4 of the ASCI Code. The decision of complaint being Upheld stands on Review.

 

COMPANY: Chips Express Pvt. Ltd.
PRODUCT: Chips International Courier

COMPLAINT:

Ad states free pick-up and free packing service with home to home pick-up anywhere in the world, and boasts as the only place as best and trustworthy. It also says – best is never cheapest and the cheapest is never best. Your trust is our profit. On-line tracking facility. Fast courier service. My objections are as follows: The AD shows three logos – DHL, Fed-Ex and UPS – and mentions that these logos belong to the particular company. But what connections they have with these three companies, do they have a tie-up or they act as their agents or franchise, is not mentioned. Probably the company is trying to compare its own service with the services of these three popular brands to lure the customers to believe them as safe, fast and trustworthy courier service. Otherwise they have no reason to show these logos. The company is trying to lure the customers to put trust in the company’s service – that is what it calls their profit.

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 – handbill and considered the Advertiser’s response. Advertiser argues that they have not stated that they are owning the logos and brand names of DHL, FedEx, and Ups nor are they the franchises of these companies. The CCC concluded that the Ad – handbill depicting logos of DHL, FedEx and Ups is misleading by ambiguity as the advertiser has not substantiated any connection between their company and the other courier services. Also, the claims in Gujarathi (as translated in English) – “one and only best and trustworthy place” when read in conjunction with the three logos implies that the advertiser’s service is better than these companies. The CCC concluded that the Ad – handbill is misleading and contravened Chapter I.4 of the Code. The complaint was UPHELD.

 

COMPANY: Dindayal Industries Limited
PRODUCT: 303 capsule

COMPLAINT:

Advertisement about 303 capsules to enhance sexual Powers Against law and misleading.

NATURE OF COMPLAINT:

 

RECOMMENDATION: UPHELD

The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek a personal hearing and submitted their written response. The CCC viewed the print advertisement and considered the Advertiser’s response. Advertiser states that the formulations of the product advertised have been developed as per the regulations of the Ayurvedic Formulary of India (AFI). The CCC concluded that the claims in the advertisement pertaining to the benefits of the product such as “Mardanagi se lais. Effect starts from the first day” “mixture that makes you much more manly” read in conjunction with a qualifier on the pack that the product is “for men only”, 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. Also, the claims are misleading and not substantiated as to how the product increases “manliness”. The advertisement contravened Chapters I.1, I.4 and III.4 of the ASCI Code. The complaint was UPHELD.

 

COMPANY: SBS Biotech
PRODUCT: Roop Mantra Ayurvedic Cream, Capsules & Herbal Face Wash

COMPLAINT:

“Helpful in protecting from: Dark complexion, scars, wrinkles, pimples and dull skin.”

NATURE OF COMPLAINT:

Digital clipping of the advertisement is attached. Claim appears to be bogus. Government has to verify the claim. The advertisement for this product has appeared in another newspaper also today. (Earlier I reported that it was advertised yesterday in newspaper Patrika--Khandwa Edition). Today it has appeared in newspaper Dainik Bhaskar (Khandwa Edition).URL: http://epaper.bhaskar.com/Khandwa/162/01032016/mpcg/1/ Digital copy of the advertisement is attached. The advertisement claims that it is helpful in protecting from: Dark complexion, scars, wrinkles, pimples and dull skin. Kindly link this information with the complaint already lodged with you wherein newspaper Patrika has been named.

RECOMMENDATION: UPHELD

The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek a personal hearing and submitted their written response. The CCC viewed the print advertisement and considered the Advertiser’s response. Advertiser states that the advertisement is positioning itself as an optional therapy which can only help but not cure for the conditions claimed. The CCC noted that the Advertiser did not provide any data to prove product efficacy. The CCC concluded that the claim (in Hindi) as translated in English, “Helpful in protecting from: Dark complexion, scars, wrinkles, pimples and dull skin’, was not substantiated. Also, the claims were misleading. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD.

 

COMPANY: Hindustan Unilever Ltd
PRODUCT: Clinic Plus Shampoo

COMPLAINT:

1. Clinic plus contains as kind of protein material which is not available from body 2. 35X stronger hair

NATURE OF COMPLAINT:

My objections are as follows: 1) Ad has catch line when (whose) roots are strong, (its) hair are strong, and to explain this it gives information that clinic plus contains as kind of protein material which is not available from body. It gives roots nourishment and makes them 35 times strong. It shows a pictorial depiction of mother-daughter smiling and daughter pulling her hair with both hands to show the strength. There is another catch line strong hair strong relations. 2) In small print it says this product does not have any classification of cosmetics and it does not have any medicinal or treatment kind of rules and regulations (laws) to govern. 3) The 35 times more strong is tested in lab against non-conditioning shampoo. And new clinic plus means a new formulation and pack. 4) Company is trying to fool the consumer by telling itis a cosmetic product, whereas in reality company uses special protein, not available from body, as nourishment to make the roots strong. What is the meaning nourishment to make the roots strong? Is it not medicinal application? Secondly the company makes a comparison of their product a hair conditioner shampoo with a non-conditioner shampoo to prove 35 times more strong roots from within. If the protein makes the roots stronger with nourishment, it should make the roots stronger irrespective of the product being a conditioner shampoo or a non-conditioning shampoo. The argument of the company is just to fool the consumer with word or gimmicks. I think the company must answer this question- Is nourishment of roots with a protein a cosmetic effect or a medicinal effect? Their answer should prove my point. Ask any expert the difference between cosmetic effect and medicinal effect.”

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 Clinic Plus contains Lysine as an ingredient which is an amino acid which forms the building blocks of the proteins, and is one of the 9 essential amino acids which the body cannot produce. Advertiser provided scientific literature which would establish the nature and role of Lysine. The advertiser provided data to support the claim of hair strengthening benefit attributed to the product. However, the CCC noted that in the print advertisement the hair strengthening benefit was attributed to the protein ingredient. The CCC concluded that the claim, “Clinic Plus has such a protein element, which the body cannot produce. It nourishes hair roots and makes hair up to 35X more strong”, was not substantiated, and is misleading. The advertisement contravened Chapters I.1 and I.4 of the Code. This complaint was UPHELD.

 

COMPANY: Mondelez India Foods P. Ltd
PRODUCT: Cadbury Bournvita

COMPLAINT:

Two school boys age 10 to 12 years were shown doing many difficult acrobatic feats on double bar. They were shown hanging upside down from the bar, making difficult grips with legs on the bars & even standing on the horizontal main bar & walking on it. It was purported that these were possible because they were taking Bournvita! So far, so good. But the precautions were printed in very small faint letters at bottom to say that these exercises were done under expert supervision & children should not try them at home. Now the complaint is that these words are deliberately printed in very small letters & made faint. Such warnings should be printed in block letters in dark print so that viewers are properly cautioned.

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 the font size of the Supers in the said TVC is 12 pixel and stays for more than 4 seconds on the screen. Advertiser provided an agency certification to confirm the pixel size. The CCC concluded that the hold duration of the disclaimers in the TVC was in accordance with the ASCI Guidelines for Supers. The complaint was NOT UPHELD.

COMPANY: Hindustan Unilever Ltd
PRODUCT: Vim Gel

COMPLAINT:

‘Vim main hai 100 numbuon ki shakti’

NATURE OF COMPLAINT:

The product VIM gel dishwasher by Hindustan Lever Ltd., Bombay. It is being shown in the advertisement the power of 100 lemons (soo nimbuon ki shakti). I would like to bring it to your kind notice the misleading advertisement of VIM gel dishwasher. It is being shown in the advertisement the power of 100 lemons (soo nimbuon ki shakti). Does the product contain any lemons? What is the role of detergents in the product, if lemons scent can do everything? I think this misleading advertisement to befool the consumers must be discontinued. All these advertisements are in Hindi. There are similar versions of the product in other Indian languages like Tamil, Telugu etc.

RECOMMENDATION: NOT UPHELD

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 states that as the claim is on the performance comparison between Vim Gel products vs. Lemon/Lime, the substantiation is based on the cleaning performance of Lemon juice and Vim Gel. As claim support data, Advertiser provided a consumer test report showing the prevalent use of lime/lemon (along with other traditional items like tamarind/imli) as a dish wash agent. In another test report provided, the relative efficacy of the Vim product was compared against lime/lemon juice (not whole/cut/rind of lime/lemon) in a test conducted as per BIS protocol IS 6047 : 2009 where the result did support the claim that the 50 ml content of the Vim bottle was equivalent to the cleaning power of the juice of 100 lemons. The CCC concluded that the claim, “Vim main hai 100 nimbuon ki Shakti”, was substantiated. The complaint was NOT UPHELD.

 

COMPANY: Dr Mohana’s Hair Transplant Centre (Hair Transplant)
PRODUCT:

COMPLAINT:

“Digital copy of the advertisement is enclosed URL: http://epaper.patrika.com/740519/Patrika- Khandwa/06-032016#page/17/1 The advertisement claims: (1) "You will nowhere else get the benefit of the treatment of hairplant you get here". (2) Re-establishing of hair by advanced technological method in a natural way (3) Scientific procedure without incision or stitching (4) High density mega special [30000] 6000 hairs in one day”

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 responded that they wanted to have more information on the complaint. On ASCI’s request, the advertiser further provided his contact number and subsequently, without providing any specific comments on the complaint, informed that the advertisement has been withdrawn. The CCC viewed the print advertisement and concluded that the claims (in Hindi) as translated in English, "You will nowhere else get the benefit of the treatment of hairplant you get here", “Re-establishing of hair by advanced technological method in a natural way”, “Scientific procedure without incision or stitching”, “High density mega special [30000] 6000 hairs in one day”, were not substantiated and were misleading by exaggeration. Also, the visuals showing the images of before and after the treatment were misleading. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD.

 

COMPANY: GM Infinite Dwelling India Pvt Ltd
PRODUCT: GM Infinite-e city town)

COMPLAINT:

‘Possession already started’ ‘Visit Our Model Flat Today’

NATURE OF COMPLAINT:

This Advertisement is regarding GM Infinite Apartment Flat sale.The builder has not got or applied for Occupation Certificate. The Club house that is shown in below half of the advertisement is not even started construction. Club House is supposed to be ready now. They have got the BDA approval on 12 Aug 2014. The agreement period of 24 months + 6 months is over on 12 Feb 2016. Still the flat is not ready for livable state. In the advertisement, GM Infinite mentioned Possession Already Started. It is not true. This advertisement is misleading. If all the Flats are ready for possession then why are they mentioning 'Visit our Model Flat Today

RECOMMENDATION: UPHELD

The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek a personal hearing. A Law Firm Advocate responded on behalf of the advertiser. The CCC viewed the print advertisement and considered the Advocate’s response. As claim support data, a copy of BDA approval licence obtained by the advertiser was provided. The Advocate argues on behalf of the advertiser that the Builder has obtained the Commencement Certificate and after completion of the Project in all aspect, the Occupancy Certificate shall be obtained. The project comprises many Blocks and the individual blocks are ready stage wise for occupation in Phase-I Project and hence the Builder has published that the possession already started. The CCC noted that the Advertiser has not obtained an occupancy certificate. Advertiser did not provide a copy of the survey of Phase I project or evidence of possession. The CCC concluded that the claim, “Possession already started”, is not substantiated and is misleading. As the Club House is under construction, the picture shown of a club house is misleading by omission of an appropriate disclaimer. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD.

 

COMPANY: Jamna Pharmaceuticals
PRODUCT: J.P.007 Tablet

COMPLAINT:

‘Har raat ko kijiye mastani aur suhani’ ‘Swarnayang, Shilajit, moti bhasm, safed musali, ashwagandha aadi se yukt J.P.007 Tablet ka sevan kare. Roj kijiye chusti, spurti aur josh ke sath sampurna sukh ka anubhav.’ ‘100% ayurvedic.’, ‘No side effects’

NATURE OF COMPLAINT:

My objections are as follows: 1. The Ad promotes sex power enhancing product J.P. 007 Tablet and the catchline is-make every night pleasant and enjoyable. Contains gold, Shilajit, Pearl ash, White musali, ashwagandha etc. By taking J.P.007 Tablet daily your will experience strength, stamina and vigour with complete satisfaction daily. It is 100% ayurvedic without any side effects. Product is manufactured and promoted by Jamna Pharmaceuticals. 2. This Ad contravenes ASCI Code Ch. III, Cl. 4 and 5, as well as the Drugs and Magic Remedies Act.

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. As claim support data, the advertiser provided a copy of the approval/license from regulatory authorities. Advertiser argues that they have not advertised their product for enhancement of sex power. There is no such word like ‘sex’ in the Advertisement. The CCC concluded that the claims (in Hindi) as translated in English, “make every night pleasant and enjoyable”, “By taking J.P.007 Tablet daily your will experience strength, stamina and vigour with complete satisfaction daily” were not substantiated with product efficacy data and are misleading. Also, specific claims related to the benefits of the product, “make every night pleasant and enjoyable” (har raatko kijeeye mastani aur suhaani), “By taking J.P.007 Tablet daily your will experience strength, stamina and vigour with complete satisfaction daily” (Rojkijeeye chusti, phurti and josh ke saath sampoorn sukh ka anubhav”), imply 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: Life Insurance Corporation of India
PRODUCT: Jeevan Laabh Policy

COMPLAINT:

“I enclose herewith an ad of LIC which appeared in Divya Bhaskar, Vadodara, dt 01/03/2016. My objections are as follows: 1) The Ad shows a happy family of husband, wife and two children on a bicycle near the sea shore, sea seen in the background. The ad is for a LIC Policy Jeevan Laabh – Even when the premiums stop, the benefits continue. Probably LIC thought it a fit photograph for this ad. But the ad with this photograph is against the law and also contravenes ASCI code Chap III, clause 3 and 4. 2) The photograph shows four people on a bicycle which is meant for one (or two) people. Four people is prohibited by law. The children-girl sitting on the handle bar and boy standing on the cycle carrier, bent over his father’s body and extending his hands in front of him. These are dangerous positions making the bicycle unstable and likely to topple hurting all the four people. The ASCI code specifies – Ads shall not without justifiable reason, show or refer to dangerous practises or manifest a disregard for safety or encourage negligence. Ad contravenes code Ch III, clause 3 & 4. Kindly look in to the above objections, call for company’s reply and decide on my complaint. Kindly keep me informed.”

NATURE OF COMPLAINT:

 

RECOMMENDATION: NOT UPHELD

The CCC viewed the print advertisement showing a family on the bicycle near the sea shore, and considered the Advertiser’s response. Advertiser states that the image shown in the advertisement was shot in a studio on a completely stationary bicycle with professional models. The CCC noted that the advertisement does not depict a road situation and is not in contravention of the ASCI code. The complaint was NOT UPHELD.

 

COMPANY: Jamna Pharmaceuticals
PRODUCT: Orgy Massage Oil

COMPLAINT:

“Orgy Massage oil- Keshar Yukt for Men”, “remove the deficiency of erection for men, to nourish the internal sex hormones and ‘saptadhatu’”, “make it big- your size, in their gaze, use of JP 007 tablet for instant and permanent benefit”

NATURE OF COMPLAINT:

I enclose herewith ad of product promoted for Sex-Power Enhancement, which appeared in Divya Bhaskar, Vadodara, dt 28/02/2016: Orgy Massage oil- Keshar Yukt for Men by Jamna Pharmaceuticals My objections are as follows: The product is promoted and sold for enhancement of sex power, to remove the deficiency of erection for men, to nourish the internal sex hormones and ‘saptadhatu’. The oil ad declares – make it big- your size, in their gaze, use of JP 007 tablet for instant and permanent benefit. It is an ayurvedic product and no ingredients are mentioned nor any scientific study quoted which has certified the effectiveness of the products for the claims made. It has become a fashion now-a-days to promote sex enhancement products under the guise of ayurvedic / herbal products, without any side effects. There are no substantive proofs of any claim.

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. As claim support data, the advertiser provided a copy of the approval/license from regulatory authorities. Advertiser argues that they have not advertised their product for enhancement of sex power. There is no such word like ‘sex’ in the advertisement. Also, they are not required to mention the names of ingredients or reference of any scientific study in the advertisement as per the DMR Act. The CCC concluded that the claims (in Hindi), as translated in English, “Orgy Massage oil- Keshar Yukt for Men”, “remove the deficiency of erection for men”, “make it big- your height, in their gaze, use of JP 007 tablet for instant and permanent benefit”, were not substantiated and are misleading. In the context of a massage oil, the claims “Bada kar de”, “Jagaye aap ke andar ka mard” read in conjunction with the pack 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: SBS Biotech
PRODUCT:

COMPLAINT:

“If there is loss of stamina due to aging, childhood mistakes, bad company or sugar, just 1 course for 21 days”, “Rajsee capsule the most reliable supportive medicine”

NATURE OF COMPLAINT:

I enclose herewith ad of product promoted for Sex-Power Enhancement, which appeared in Divya Bhaskar,Vadodara, dt 28/02/2016: Rajasi Ayurvedic Capsules- New Improved by SBS Biotech Unit II My objections are as follows: 1) The products is promoted and sold for enhancement of sex power, to remove the deficiency of erection for men, to nourish the internal sex hormones and saptadhatu. Rajasi capsule Ad prescribes a 21day course. 2) It is an ayurvedic product and no ingredients are mentioned nor any scientific study quoted which has certified the effectiveness of the products for the claims made. 3) It has become a fashion now-a-days to promote sex enhancement products under the guise of ayurvedic / herbal products, without any side effects. There are no substantive proofs of any claim.

RECOMMENDATION: UPHELD

The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. As the advertiser did not respond by the due date, a reminder was sent to them giving them an additional time to provide their comments. The CCC viewed the print advertisement. In the absence of specific comments from the Advertiser, the CCC concluded that the claims (in Gujarathi) as translated in English, “If there is loss of stamina due to aging, childhood mistakes, bad company or sugar, just 1 course for 21 days”, “Rajsee capsule the most reliable supportive medicine”, were not substantiated and are misleading. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD.

 

COMPANY: Patanjali Ayurved Ltd
PRODUCT: Patanjali Herbal Washing Powder, Cake and Dishwash Bar

COMPLAINT:

• Patanjali Washing Cake and Powder- with the power of Neem and Lemon to keep your hands soft and your expensive clothes clean without any harm. • Dishwash Bars, made only from chemicals, clean the utensils but damage your hands. • Patanjali Dish WashBar is a Preferred Choice of Millions of Housewives- Made with goodness of Neem, Ash and Lemon to make your utensils sparkling clean and hands safe and soft.

NATURE OF COMPLAINT:

1) AD says Patanjali Herbal washing powder, cake and Dishwash Bar in English and in Gujarati it says Patanjali washing cake and powder, and explains- with the strength of neem and lemon, safety of your hands (tender hands) and cleaning of costly clothes. Then it shows Patanjali popular washing bar (250g) Rs.12/- and shows Patanjali superior washing Bar (250g) Rs. 16/- against other brands washing Bar (250 g) from Rs. 18/- to Rs.22/-.Similarly, for popular washing powder (1kg) Rs.48/- and Patanjali superior washing powder (1 kg) Rs.68/- against other brands washing powder (1kg) Rs.78/- to Rs.96/- For Patanjali Dishwash Bar (1759) Rs.10/-. Company makes a statement Dishwash Bar made with other chemicals can clean the utensils but the hands are affected. Crores of housewives select (prefer) Patanjali Dishwash Bar made with strength of neem and lemon which not only clean the utensils bright but also give full protection to sensitive hands .This statement contravenes ASCI Code Ch.IV, cl.l e 2) The AD gives at the bottom some message in the form of an appeal-The knowledgeable shopkeepers and customers are appealed, as in the case of crores of India loving countrymen, you also place Patanjali products in your shops and your homes (hearts) and help us to reach out to every Indian citizen in an endeavor to our seva to country and its prosperity, so that we can make the dreams of Swadeshi Movement of Stalwarts like Mahatma Gandhi, Bhagat Singh and Ram Prasad Bismil and other great countrymen true. This kind of appeal using names of Swadeshi Movement Stalwarts for the propagation and promotion and sale of company's products contravenes ASCI Code Ch.1,cl.3 3) The Company says their products are made from neem, ash and lemon and herbs. No chemicals are used as used by manufacturers of other brands .This needs proof of substantiation from their actual manufacturing process, what actual raw materials are used. Company tries to hide basic facts to call their products herbal.

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 argues that the advertisement merely states that Patanjali products are better and preferred, without disparaging other products. The key ingredients of the products comprise of natural products such as neem, lemon, and ash. Therefore, it is not misleading to call the products herbal, as they are made primarily with natural substances. The CCC concluded that the claims (in Gujarathi) as translated in English, “Millions of housewives' choice, Patanjali Dishwash Bar”, was not substantiated. The claim of “herbal washing powder, cake and Dishwash bar” was not substantiated with data regarding which herbal ingredients in the product provide the cleaning benefit and evidence for the same and was misleading by ambiguity. The claim, “Dish wash bar made with chemicals do clean the utensils but they end up damaging the hands”, was not substantiated and unfairly denigrates dish wash bar directly. The advertisement contravened Chapters I.1, I.4 and IV.1 ( e) of the ASCI Code. This complaint was UPHELD. The claims, “…… just like millions of patriot Indians, you too give the highest priority to Patanjali products in your shops and hearts and bring them to people and contribute to our country’s service and prosperity so that we can unite and realize the dream of all the great people like Mahatma Gandhi, Bhagat Singh and Ram Prasad Bismil etc. of using indigenous products”, were not considered to be objectionable. This complaint was NOT UPHELD.

 

COMPANY: TVC LifeSciences Limited
PRODUCT: Remesol

COMPLAINT:

“Herbal with base in the Himalayas”, “a clinical trial conducted by a US hospital has proved that Remesol is an extremely effective pain reliever for longstanding pains”, “Remesol had reduced all kinds of inflammation and pains in American patients in a matter of 2 or 3 weeks in a surprising manner”

NATURE OF COMPLAINT:

Digital copy of the advertisement is attached. URL: http://epaper.patrika.com/740519/Patrika-Khandwa/06-03-2016#page/4/2 TVC Life Sciences is selling the product in USA etc. The product has a closed formula. It claims to be herbal with base in the Himalayas. Has our Government permitted its sales in India? The advertiser says that that a clinical trial conducted by a US hospital has proved that Remesol is an extremely effective pain reliever for longstanding pains. Remesol had reduced all kinds of inflammation and pains in American patients in a matter of 2 or 3 weeks in a surprising manner. If the claims are true it is wonderful for many people in our country too. According to the advertiser the evidence is a certificate from the hospital. How do we know that the claims are correct? Either every individual pays money, buys Remesol and finds out for himself whether the claims are correct. Or he does not buy it and loses an opportunity to get relieved from pains. The consumer is in a no-win situation. The advertiser must be asked to substantiate his claims, by means other than a US hospital certificate.

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 did not seek a personal hearing with the ASCI. The CCC viewed the print advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claims in the Ad (in Hindi) as translated in English, “Herbal with base in the Himalayas”, “a clinical trial conducted by a US hospital has proved that Remesol is an extremely effective pain reliever for longstanding pains”, “Remesol had reduced all kinds of inflammation and pains in American patients in a matter of 2 or 3 weeks in a surprising manner”, were not substantiated and were misleading. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD.

 

COMPANY: Dindayal Industries Limited
PRODUCT: 303 Capsule, 303 Gold Power Oil, Shilajit Power Capsules

COMPLAINT:

“303 Capsules - receive in 10 days old spirit", “The 303 capsule every night gives manliness and full pledged spirit to men”, “The 303 Gold Power Oil gives men strength, power and stamina”, “Shilajit Power capsule, when taken every morning, boosts stamina and energy”

NATURE OF COMPLAINT:

Copy of the digital advertisement is attached. URL:http://epaper.bhaskar.com/Khandwa/162/06032016/mpcg/1/ The advertisement opens with something in Sanskrit which people cannot understand. This is to give a respectable religious aura. It promises to "receive in 10 days old spirit" The 303 capsule every night gives manliness and full pledged spirit to men. The 303 Gold Power Oil gives men strength, power and stamina.The Shilajit Power capsule, when taken every morning, boosts stamina and energy.

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 formulations of the three products advertised have been developed as per the regulations of the Ayurvedic Formulary of India (AFI) which compiles the scattered information and formulations of Ayurveda and serves as a basis to meet the requirements of Drugs and Cosmetics Act. The CCC concluded that the claims (in Hindi) as translated in English, “303 Capsules - receive in 10 days old spirit", “The 303 capsule every night gives manliness and full pledged spirit to men”, “The 303 Gold Power Oil gives men strength, power and stamina”, “Shilajit Power capsule, when taken every morning, boosts stamina and energy”, were not substantiated with product efficacy data and were misleading. Also, the claims read in conjuction with wordings such as “only for men”, imply that the products are 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: TVC Sky Shop Limited
PRODUCT: Rashi Ratna

COMPLAINT:

“If you wear big Rashi Ratna, stalled works get done and source of wealth opens. So we are giving you excessively big, natural, beautiful 11.25 .Rati Rashi Ratna in just Rs. 1999 along with Change your Fortune Guide. Anyone who wears it as per the guide he will definitely get success. Wear the big Rashi Ratna and experience a complete life of health, happiness, property and prosperity”

NATURE OF COMPLAINT:

Digital copy of the advertisement is attached. URL: http://epaper.patrika.com/741379/Patrika-Khandwa/07-03-2016#page/9/1 The advertisement claims: If you wear big Rashi Ratna, stalled works get done and source of wealth opens. So we are giving you excessively big, natural, beautiful 11.25 .Rati Rashi Ratna in just Rs. 1999 along with Change your Fortune Guide. Anyone who wears it as per the guide he will definitely get success. Wear the big Rashi Ratna and experience a complete life of health, happiness, property and prosperity. The advertiser says wearing precious stones in a prescribed manner will bring health, wealth, happiness, property and prosperity. This is occult. Advertisement cannot be medium for occult. Only those things should be allowed to be advertised which stand the test of science and reason.

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 did not seek a personal hearing with the ASCI and no response was received 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 the Ad (in Hindi) as translated in English, “If you wear big Rashi Ratna, stalled works get done and source of wealth opens. So we are giving you excessively big, natural, beautiful 11.25 .Rati Rashi Ratna in just Rs. 1999 along with Change your Fortune Guide. Anyone who wears it as per the guide he will definitely get success. Wear the big Rashi Ratna and experience a complete life of health, happiness, property and prosperity”, were false, not substantiated, misleading by exaggeration, and 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: Dindayal Industries Ltd
PRODUCT: Shilajit Power Capsules

COMPLAINT:

“Shilajit Power Capsules - One capsule every morning boosts stamina, energy and vigour”, “303 Capsules - India’s No.1 energy booster”

NATURE OF COMPLAINT:

I enclose herewith AD of Dindayal Aushadhi for their product 303 capsules and Shilajit Power Capsules which appeared in Divya Bhaskar, Vadodara on 19/1/2016. My objections are as follows: 1) The Ad is for product 303 capsules which is a product for sex enhancement. The AD offers Shilajit Power worth Rs.215/- free with every pack of 303 capsules worth Rs.295/-. The 303 capsules are for men only and one of the free product is also for men only. The other free product is for women only, but both these free products are products for enhancing strength, vigour and stamina. 2) Both products in the Ad contravene ASCI code as well as Drugs and Magic Remedies Act and there are no substantiative proofs to show the benefits said to be obtained by consuming these products. Again company declares its product 303 capsules as No.1 power enhancing product in India, without giving any study details which found it at the top.

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 formulations of the product advertised has been developed as per the regulations of the Ayurvedic Formulary of India (AFI) which compiles the scattered information and formulations of Ayurveda and serves as a basis to meet the requirements of Drugs and Cosmetics Act. The CCC concluded that the claim (in Gujarathi) as translated in English, “Shilajit Power Capsules - One capsule every morning boosts stamina, energy and vigour”, was not substantiated with product efficacy data. The claim, “303 Capsules - India’s No.1 energy booster”, was not substantiated with market leadership data. Also, the claims are misleading. The claims pertaining to the benefits of the product read in conjunction with advertisement hadline and a qualifier on the pack that the product is for men only, 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: Dindayal Industries Ltd
PRODUCT: Rangoli Tablet

COMPLAINT:

• The best energy booster for women • An effective energy booster with the power of gold, silver, pearl and saffron and prepared with special ingredients known since centuries

NATURE OF COMPLAINT:

“I enclose herewith AD of Dindayal Aushadhi for their products 303 capsules and Rangoli Tablet which appeared in Divya Bhaskar, Vadodara on 28/1/2016. My objections are as follows: 1)The Ad is for product 303 capsules which is a product for sex enhancement. The AD offers Rangoli Tablets worth Rs.240/- free with every pack of 303 capsules worth Rs.295/-. The 303 capsules are for men only and one of the free product is also for men only. The other free product is for women only, but both these free products are products for enhancing strength, vigour and stamina. 2) Both products in the Ad contravene ASCI code as well as Drugs and Magic Remedies Act and there are no substantiative proofs to show the benefits said to be obtained by consuming these 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 print advertisement and considered the Advertiser’s response. Advertiser states that for the question of giving free products as a promotion, it is the prerogative of the company to decide what it needs to offer as per its marketing strategy. The formulations of the products advertised have been developed as per the regulations of the Ayurvedic Formulary of India (AFI). The CCC concluded that the claims (in Gujarathi) as translated in English, “The best energy booster for women”, “An effective energy booster with the power of gold, silver, pearl and saffron and prepared with special ingredients known since centuries”, were not substantiated with product efficacy data. Also, the claims are misleading. The advertisement visual showing a energy capsule for men only and visual of a couple in intimate position implies that the products are 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: Meghdoot Herbal Gramodyog Sewa Sansthan
PRODUCT: Meghdoot Maha Bhrangraj Oil

COMPLAINT:

“Ayurvedic medication claims to cure baldness, headache, eyesight”

NATURE OF COMPLAINT:

“Claim appears to be bogus. Government has to verify the claim. Digital clipping of the advertisement is attached URL: http://epaper.patrika.com/734746/Patrika-Khandwa/29-02-2016#page/5/1 This ayurvedic medication claims to cure baldness, headache, eyesight. Impossible”

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, “Ayurvedic medication claims to cure baldness, headache, eyesight”, was not substantiated and is misleading. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD.

 

COMPANY: Hindustan Unilever Ltd
PRODUCT: Lifebuoy

COMPLAINT:

Boy is shown to be sneezing. Father played by actor Ajay Devgan makes son wear another jacket. Mother played by Kajol says that layers of sweaters will not protect the boy from cold. But Lifebuoy will protect him from catching cold. She puts on a doctors white coat, says doctor hun (I am a Doctor), shows germs on boys hand and explains how germs travel from hands to mouth and cause illness. Ad says Lifebuoy Total 10 helps fight against 10 disease causing germs. 10 par bhari. Pictorial with 10 diseases is shown- dysentery, rash, diarrhea, flu, respiratory infectionetc. Ad then shows 4 variants of lifebuoy soap. Our objections: 1. Mother, claiming to be a doctor is promoting use of Lifebuoy soap. It is against the ASCI Guidelines and MCI, Code of Ethics Regulations. [Medical Council of India, Code of Ethics Regulations, 2002 mentions that a physician shall not give any approval, recommendation, endorsement or certificate with respect of any therapeutic article, or any commercial product.] 2. Mother & father played by celebrity actor couple with mother posing as doctor and endorsing the product is misleading and unduly influences consumers against common knowledge and practice. 3. Lifebuoy claims that it helps fight against 10 disease causing germs? Are there independent studies to prove the claim? 4. Which ingredients of Lifebuoy protect against diseases mentioned? Are there scientific studies to substantiate the claim? 5. Catching cold depends on variety of factors including weather and clothing. How does the ad claim that additional jacket will not protect from catching cold but only Lifebuoy will? Are there scientific studies to substantiate this claim?

NATURE OF COMPLAINT:

 

RECOMMENDATION: NOT UPHELD

The CCC viewed the TVC and considered the Advertiser’s response. The CCC concluded – The complaints regarding “Mother claiming to be a doctor is promoting use of Lifebuoy soap”, “Mother posing as doctor and endorsing the product”, are NOT UPHELD, as the depiction of an actor/model in White Coat was not considered to be in contravention of the ASCI Code. Claim, “Advanced Lifebuoy provides protection from germs causing 10 infections” (“Advanced Lifebuoy de dus infectionwale taakatwar kitanuo se suraksha”), was substantiated by giving in vitro efficacy results against infections causing germs (Stomach infections, Pneumonia, Ear infection, Eye infections, Acute respiratory infections, Enteric fever, Typhoid, Dysentery, Boils, Furuncles, Impetigo, Acne). This complaint was NOT UPHELD. The claim, “Lifebuoy protects from catching cold”, was not considered to be objectionable in view of the disclaimers in the advertisement and the claim support data presented. This complaint was NOT UPHELD.

COMPANY: Johnson & Smith Co’s
PRODUCT: KLEAN STMCK Goli & Churan

COMPLAINT:

Claims Objected to: “Are you troubled by stomach upsets? Troubled by Constipation, Acidity, Gas, Heavy Stomach, Headache, Loss of appetite, Chest burning, Stomach burning, Joint pain, Waist pain , Oral inflammation, Foul mouth, Irritation in palms, Irritation in soles For quick relief KLEAN STMCK”

NATURE OF COMPLAINT:

“Digital copy of the advertisement is attached URL: http://epaper.patrika.com/740519/Patrika-Khandwa/06-03-2016#page/7/1 Quick relief from constipation, acidity, Gas, heavy stomach, headache, chest irritation, stomach irritation, joint pain, waist pain, inflamed tongue, foul breath, inflammation in palm and sole. •The headline in the advertisement is for stomach upsets. But the details in the advertisement proceed to include joint pain, waist pain, oral inflammation, foul mouth, irritation in palms and irritation in soles. •Are these inclusions part of stomach upsets? Is KLEAN STMCK a panacea—cure for all? Can there be any one substance to cure stomach upsets, joint pain, waist pain, oral inflammation, foul mouth, irritation in palms and irritation in soles—even in the allopathic world? •Is it scientifically correct to infer that the body functions in such a way that a patient takes something for chest irritation and that same thing will give relief for oral inflammation, for irritation in palm, for irritation in soles, for joint pain. •It does not make any sense to accept that one substance can cure several unrelated illnesses. It is very clear that the advertisement is targeted against the gullible to fleece them. Science does not support such fraud.”

RECOMMENDATION: NOT UPHELD

The advertiser 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. The advertiser correlates product benefits with the laxative properties of the product. The digestive disorders or constipation are known cause of several ailments as listed in the advertisement and these may vary from individual to individual and from season to season. Use of laxatives and relationship of several symptoms to indigestion are well recognized by the Ayurveda and in practice.. Based on the above opinion, the CCC concluded that the claims, “Are you troubled by stomach upsets? Troubled by Constipation, Acidity, Gas, Heavy Stomach, Headache, Loss of appetite, Chest burning, Stomach burning, Joint pain, Waist pain , Oral inflammation, Foul mouth, Irritation in palms, Irritation in soles. For quick relief KLEAN STMCK”, were not false. The complaint was NOT UPHELD.

 

COMPANY: Johnson & Johnson Ltd
PRODUCT: Johnsons Baby Products

COMPLAINT:

Claims objected to: “Safe, mild, effective, Triple baby protection”

NATURE OF COMPLAINT:

“The print advertisement (scanned copy attached) features a mother giving bath to her baby. The text claims: Keeping your baby happy and healthy is your promise and ours. The advt goes on to say All Johnsons baby products come with the Triple Baby Protection seal A commitment to caring protection that combines Safety, Mildness and Effectiveness The visual shows three Johnsons baby products - soap, powder and oil. Johnson & Johnson faces several hundred law suits claiming that, in an effort to boost sales, the company failed for decades to warn consumers that its talc-based products could cause cancer. In a recent US court judgement, the company was ordered to pay $72 million in damages to the family of a woman whose death from ovarian cancer was linked to her use of the company’s talc-based Baby Powder and Shower to Shower for several decades. • What is Triple Baby Protection Seal? Which independent agency has given the seal to the company? • Please substantiate claims of safety, mildness and effectiveness of all your products - soap, powder and oil - from independent agencies. • Does the company have independent reports to prove the products, especially the Baby Powder, is Safe? • Does the company have independent reports to prove the baby products are Effective? Action to be taken: We propose immediate withdrawal of the advt.”

RECOMMENDATION: NOT UPHELD

The advertiser representatives were given personal hearing by ASCI. The CCC viewed the print advertisement and considered the Advertiser’s response. As claim support data, the advertiser provided Toxicological assessment reports for Johnson’s baby soap, Johnson’s baby powder, & Johnson’s baby oil, and Clinical Safety Evaluation for Johnson’s baby soap, Johnson’s baby powder, & Johnson’s baby oil. The CCC noted that the claim in the advertisement reads as “All Johnson’s Baby products come with the TRIPLE BABY PROTECTION TM seal – A commitment to caring protection…” and concluded that when it read in conjunction with “Safe, mild and effective”, was not objectionable. The complaint was NOT UPHELD.

 

COMPANY: ITC Ltd
PRODUCT: Aashirvaad Atta -Multigrain

COMPLAINT:

Claim objected to: “India's No.1 Atta”

NATURE OF COMPLAINT:

“This Ad On 1st Page Of TOI , Dated 12/03/2016 , About AASHIRVAAD ATTA with MULTIGRAINS , Boasts Boldly At The Top As Being India's No.1 Atta . At the Same Time , It Quotes 2 Years Old " Nielsen Retail Audit MAT ( March 2014 ) , Report Of All India Market Share Of Aashirvvad Atta . This Is Grossly Misleading”

RECOMMENDATION: UPHELD

The advertiser representatives were given personal hearing by ASCI. The CCC viewed the print advertisement and considered the Advertiser’s response. As claim support data, the advertiser provided Nielsen study of March 2014 showing Aashirvaad as India’s No.1 packaged atta in India, Neilsen study of November 2014 to October 2015 showing their market share almost four times than their nearest competitor, and IMRB Report of February 2015 to January 2016 showing the product having highest volume share at an All India Urban level. The CCC noted that the claim support was for the motherbrand Ashirvad whereas the advertised product was only one variant i.e. Ashirvaad Atta with Multigrains. Also, the disclaimer was not as per Neilsen criteria. The CCC concluded that the claim, “India’s No. 1 Atta”, is misleading by ambiguity. The advertisement contravened Chapters I.3 and I.4 of the Code. The complaint was UPHELD.

 

COMPANY: Ajanta Manufacturing Limited
PRODUCT: OREVA Group Ajanta Digital Clock

COMPLAINT:

Complaint: Our product selling on Snapdeal by third party. Our Ajanta Digital Clock M.No: ODC-130 selling with Rs.880 but our MRP is Rs. 695

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. Complainant provided evidence of the actual MRP of the product (Rs.695) at which it is being sold. The CCC viewed the website advertisement and considered the Advertiser’s response. Based on the evidence provided by the complainant, the CCC concluded that the price quoted (Rs.880) of Ajanta white digital clock in the advertisement is false and misleading. The website advertisement contravened Chapters I.1 and I.4 of the Code. The complaint was UPHELD.

 

COMPANY: Johnson & Johnson Ltd
PRODUCT: Benadryl DR

COMPLAINT:

stop from reoccurring' ("sookhi khansi ko dobara aane se roke”) 'based on antitussive and relief action of the active'

NATURE OF COMPLAINT:

The ad for Benadryl DR shows a person taking Benadryl DR for dry cough. The super and the VO say, 'stop from reoccurring', which I think is an absolute claim. The super and the VO say, 'stop from reoccurring'. The disclaimer says 'based on antitussive and relief action of the active'. I think this is an absolute claim without proper substantiation. The relief action is dependent on the dosage and as per age. The way it is shown, one small cup full is enough for a complete stop of dry cough.

RECOMMENDATION: UPHELD

The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek a personal hearing and submitted their written response. The CCC viewed the TVC and considered the Advertiser’s response. Advertiser states that the claim substantiation is based on the pharmacological action of Dextromethorphan Hydrobromide (the active ingredient in Benadryl® DR).The advertiser argues that the product claim of "sookhi khansi ko dobara aane se rake" is a simple Hindi translation of the product's action of "suppressing repeated bouts of dry Cough". The CCC concluded that the claim, "sookhi khansi ko dobara aane se roke” (meaning - 'stops dry cough from reoccurring') is an absolute claim and was not substantiated. Also, the claim does not covey a “suppressive” action and is misleading by exaggeration. The TVC contravened Chapters I.1 and I.4 of the Code. The complaint was UPHELD.

COMPANY: Patanjali Ayurved Ltd
PRODUCT: Patanjali Kachi Ghani Mustard Oil

COMPLAINT:

I enclose herewith an AD of Patanjali Kachi Ghani Mustard Oil which appeared in Divya Bhaskar, Vadodara dt. 14/2/2016. My objections are as follows: 1) The Ad starts with bold letter catch line Your edible Oil is not an admixture of Cancer causing elements. Just Think. Then in small print it explains Keeping aside Kachi Ghani ordinary mustard oil, other oils and refined oils are processed with neurotoxin hevgen solvent extraction process. Many companies for the sake of their illegal benefit mix cheap palmolein oil etc. According to US organization NCBI Petroleum product mineral oil is carcinogenic. Palmolean, soyabean, sunflower oils and particularly refined oils are imported from abroad and by importing them the country’s money is transferred to the foreign country. And then in slightly bold print it says save yourself and your money to save the country from this National loss. 2) The Ad shows two figures on the top Baba Ramdev and his assistant and the bottle pack and pouch pack of mustard oil. In small print on the left it is given without any chemical, extracted with Kochu, Patanjali Pure Kachi Ghani Mustard oil. Also shown on the right are the nutritional benefits of Mustard Oil Reduces the dangers of heart disease by reducing bodys cholesterol level. Cholesterol reduces the danger of Cancer and Gastrointestinal cancer. Its antibacterial, anti-fungal and anti-inflammatory properties help in reducing the inflammation of the abdomen fat. It is also very helpful in skin and hair protection as well as joints of body. 3) At the bottom in small print, the AD says Just by seeing the AD or any face of a celebrity do not bring any product in your home or do not go for any brand because no brand ambassador takes any responsibility for the brand or the product. In fact they show their face on the AD and charge crores of rupees. Patanjali is not any best less or faceless brand. Patanjali’s every product is the responsibility of Swamiji Maharaj. We will not allow any mischief to be done to your health, life and security, because that is our moral as well as religious responsibility Swami Ramdevji. There are over 500 Patanjali Products which comprise pure food products and herbal cosmetic and beauty products and are available from our Patanjali outlets as well as from other open market stores. 4) For every statement the AD makes the company must provide substantive proofs for the truthness. Allegations of mixing cheap palmolein oil etc. With mustard oil by many companies is an unwelcome statement from the company. The process of manufacturing using solvent extraction is a well-known and accepted process and the final product offered for sale passes through stringent quality checks, so making a generalized statement that solvent extraction process is carcinogenic is unthinkable and unwarranted. 5) Baba Ramdev and his assistant’s faces shown in the AD are no different from other celebrity faces promoting any brand. Just because they use an age old Kacha Ghani Process for extraction, they cannot ridicule other products as harmful, carcinogenic and admixtures of harmful elements. Kindly look into the above objections, call for company’s reply and decide on my complaint. Kindly keep me informed.

NATURE OF COMPLAINT:

 

RECOMMENDATION: UPHELD

The advertiser was granted an extension of five days to the standard lead time of five days to submit their reply in response to their request for extension of 10 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. As claim support data, the advertiser provided a research paper, by Department of Cardiology, AIIMS, New Delhi and Department of Cardiology, Sir Ganga Ram Hospital, New Delhi, published in Journal Preventive Cardiology Vol. 1, No 3 February, 2012, “Cooking Oils for Heart Health”. 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 has not submitted any reports / scientific evidence for substantiating the claim that Solvent extracted oils are the cause for Cancer. A general statement is being made that all oils are adulterated and oils obtained by solvent extraction are unsafe for human consumption with no sufficient proof. The CCC concluded that the claims, “Other than Kacchi Ghani process most of the other edible refined oils and mustard oil are made using neurotoxin Hexagon solvent extraction process. To make profits at the cost of consumers’ health many companies mix cheap palm oil in mustard oil”, were not substantiated and the claims are misleading. The statement also unfairly denigrates other oils / mustard oil. The advertisement contravened Chapters I.1, I.4 and IV.1(e) of the ASCI Code. This complaint was UPHELD.

 

COMPANY: Gemini Edibles & Fats India Private Limited
PRODUCT: Freedom Rice Bran Oil

COMPLAINT:

The advertisement shows a girl in a white coat with stethoscope talking about Freedom Rice Bran Oil wherein the mother-in-law is already aware of all the benefits of the product. The advertisement is disparaging as it implies to show the women as a doctor wearing a stethoscope wherein she is an actor but misleading the consumers as being a doctor. The ad also makes big claims about the product benefits and there are no disclaimers on adv to support what they are saying.

NATURE OF COMPLAINT:

 

RECOMMENDATION: UPHELD

The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek a personal hearing and submitted their written response. The CCC viewed the TVC and considered the Advertiser’s response. Advertiser states that the advertisement only speaks about the benefits of using Freedom Rice Bran Oil as it contains ‘oryzanol’. Advertiser did not provide any data in support of the claims made in the TVC. The CCC concluded that the product benefit claims (in Hindi), “Naya Freedom Rice Bran Oil hai physically refined….yaani… Yaani, jyada… Oryzanol…, Oryzanol… jo bad cholestrol ghataye aur good cholestrol badaye”, “Aur iska fat profile bhi balanced hai. Matlab yeh heart ke liye acha hai na?”, “Aur less absorbant bhi hai”, “Isme hain more Oryzanol, matlab …. …more health”, “Super 10,000+PPM Oryzanol, Balance Fat Profile, 15%less Absorbent”, were not substantiated. Also, the TVC is misleading in the absence of supers/disclaimers. The TVC contravened Chapters I.1 and I.4 of the Code. This complaint was UPHELD. In the context of this advertisement, the CCC did not consider the depiction of an actor/model in White Coat With stethoscope to be in contravention of the ASCI Code. This complaint was NOT UPHELD.

 

 

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