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Advertising with a Conscience

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ASCI Recommendations
 

COMPANY:"United Spirits Limited"
PRODUCT:"Royal Challenge Sportss Drink"

COMPLAINT:

"Complaint No.1: “Virat kohli take a bold step advertisement, campaign of royal challenge”. virat kohli's take a bold step encouraging teen to take a bold step by pooling railway chain, as per my view such encouragement is not healthy for our indian railway.” Complaint No.2: “Please refer to a advertisement by Royal Challenge on Star Sports channel while showing the India England Cricket series. The ad show Indian captain Kohli jumping from the running train. It is dangerous ad showing dangerous acrobatics which leads to diverting the minds of young generation We would like you to take a penal action against the company with a note to us”. Complaint No.3: “You should also look at royal challenge advt by ddb mudra where virat Kohli pulls the chain of a running train to make a bold move isn't it dangerous putting so many lives in danger, it depicts the callousness of our society, hope they know chain pulling is a punishable offence, I am wondering how the railway ministry is quiet about it”."

NATURE OF COMPLAINT:

Recommendation: NOT UPHELD

"The CCC viewed the TVC and considered the Advertiser’s response. Advertiser states that the act depicted in the TVC is only figurative and has been qualified by appropriate disclaimers. The CCC agreed with the advertiser’s submission that the act depicted in the TVC only metaphorical suggesting that one should take a bold step. The visual depictions of Virat Kohli pulling the railway chain and jumping from the train were considered as creative license. The CCC concluded that the TVC was not objectionable for the specific objections raised against it. The complaints were NOT UPHELD."

COMPANY:"Bharti Airtel Ltd "
PRODUCT:"(Free Data for 12 months)"

COMPLAINT:

"Free data for 12 months, worth Rs. 9000. Switch to Airtel 4G’"

NATURE OF COMPLAINT:

"“A grossly misleading and deceptive campaign being undertaken by M/s Bharti Airtel Limited (“Airtel”), by way of its recent advertisements, claiming ‘free data for 12 months, worth Rs. 9000. Switch to Airtel 4G’ and certain variations thereof (collectively ‘Campaign’). The related advertisements, which constitute the Campaign, is annexed herewith for your ready reference marked as Annexure-A. It is submitted that the data is neither free not does the Campaign offer any clarity, basis or rationale for the claim of Rs 9000. The Campaign, on the face of it, in complete disregard to the mandate of law for full disclosure of information to the general public. The Campaign claims to offer the customers 12 months of free data worth Rs. 9000. In so far as the unlimited data plans are concerned, the various advertisements relating to this Campaign are not only in violation of extant telecommunication laws but are also misleading and deceptive, in as much as the said advertisements fail to inform customers that such unlimited offers are applicable against specific tariff packs, for which the customer is required to pay. In other words, not only are the said unlimited data packs not entirely free, but they are also subject to specific tariff packs, including the terms and conditions referred thereto. Also, Airtel specifically fails to inform customers that where any such tariff packs are revised, the offer of unlimited data would no longer be applicable. The ‘free data’ as advertised, is made available only upon the customer paying the recharge price of Rs. 345/- and that too on every recharge that he or she may be required to make every 28 days to continue availing the benefits of such data. Therefore, the claim of free data is false and misleading in as much as the provision of any data is conditional upon purchasing the pack for the stated price. In other words, the data is not free and comes with price conditions attached. Further, post expiry of the data benefits in the pack, the subscriber is charged at ‘pay-as-you-go’ rates, which are not apparent from the campaign itself and which will have to be necessarily sought for and gleaned by the customer from the terms and conditions that are hosted elsewhere by Airtel. Not only in such promotion, false and misleading, it grossly abuses the trust of customers and would disappoint any customer in terms of the claim of ’12 months free data’ being made by Airtel. This offer of free data, which actually comes with the purchase of specified packs, offers data upto a specified quota per month. Enclosed herewith is Annexure-B which presents some attendant conditions. In a pack involving provision of 3 GB data pack, which is added to the consumers account on monthly basis, borrowing a price index currently being used by Airtel for a 3 GB data pack with 28 day validity, i.e., Rs. 450/-, the price of using such a pack over 12 months would be Rs. 5,400 (12X450), without discounting, of course, the value of the recharges necessary to maintain the pack over 12 months. It then stands to reason that the so called ‘free data’ under an actual offer is much lower than the price point of Rs. 9000, which has been placed by Airtel in a most deceptive and misleading manner. It is clear that Airtel has deliberately employed the price-point of Rs. 9000 to mislead and deceive customers about the true worth of the data being offered. Airtel has clearly violated the instructions of TRAI as well as the governing ASCI Code in the manner as shown hereinabove.”"

Recommendation: UPHELD

"The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek a personal hearing and submitted their written response. The CCC viewed the Ad – Hoarding, Ad – Promotional material, website/internet advertisement, and considered the Advertiser’s response. Advertiser states that as per the offer Airtel is providing additional 3GB data (4G/ 3G) over and above the 1 GB data available as per the base construct of the Special tariff voucher of 345. The additional data of 3 GB per recharge or a total of 36 GB data for the 12 recharges is being provided totally free to the customer. The CCC noted that the price currently being used by Airtel for a 3 GB data is Rs. 450/-. The prevalent price of ‘free data’ under an actual offer for 12 months is much lower than the price point of Rs. 9000. The said unlimited data packs are not entirely free but they are subject to specific tariff packs for which the customer is required to pay. Furthermore, the data pack is valid for only 28 days and the 12 re-charges of 28 days each do not add up to 12 months. The CCC concluded that the claim, “Free data for 12 months, worth Rs. 9000. Switch to Airtel 4G”, is misleading by ambiguity. The Ad – Hoarding, Ad – Promotional material, website/internet advertisement contravened Chapters I.4 and 1.5(b) of the ASCI Code (“when one product is offered free on purchase of other product, the free product can be treated as free only when the price of the product which is offered for purchase with the advertised incentive is not more than the prevailing price of the product without advertised incentive.”), as well as Clause 2 of ASCI Guidelines for Disclaimers (“A disclaimer should not attempt to hide material information with respect to the claim, the omission / absence of which is likely to make the advertisement deceptive or conceal its commercial intent”). This complaint was UPHELD."

COMPANY:"Bharti Airtel Ltd "
PRODUCT:"(Free Unlimited local + STD calls)"

COMPLAINT:

“Free Unlimited Local + STD calls”

NATURE OF COMPLAINT:

"“A grossly misleading and deceptive campaign being undertaken by M/s Bharti Airtel Limited (“Airtel”), by way of its recent advertisements, claiming that its ‘new initiative will allow customers to avail unlimited voice calling’ (‘Campaign’). A screen-shot of the website containing the publicity and some of the related advertisements, which constitute the Campaign, is annexed herewith for your ready reference marked as Annexure-A. The Campaign claims to offer, in the case of the tariff packs offered as part thereof, unlimited voice calling, in reality, the Campaign fails to consistently disclose that these calls are not unlimited. Airtel has implemented a fair usage policy (‘FUP’) of 1200 min/week and 100 unique numbers, post which, the normal call rates will be applicable, all of which is not apparent from the Campaign itself, and which will have to be necessarily sought for and gleaned by the customer from the terms and conditions that are hosted elsewhere by Airtel. The advertisements issued by Airtel for prepaid/postpaid tariff packs are concerned, Airtel claims to offer unlimited calls, local and STD. However, in reality, these calls are not unlimited. This fact is not discernable from the advertisements of Airtel and neither does Airtel specify in the advertisements that such limitations apply or are conceived as part of its terms and conditions. However, under the terms and conditions provided on the Airtel website, Airtel has imposed certain limits on such free unlimited calling. The relevant terms are extracted and provided below: “1. The Free Unlimited Calling Value Offer (“Offer”) is being provided to Airtel pre-paid customers in India on or after 8th Dec’2016 00:00 hours. 2. Upon subscribing to select packs forming part of the Offer, an Airtel customer shall benefit from 100% waiver on calls (A2A or all depending upon packs) in India only.” It is apparent from the above term that neither do all prepaid packs offer unlimited calling to all customers nor do such packs offering unlimited calling cover all calls (whether Airtel-to-Airtel or other networks). This critical fact has been deliberately concealed by Airtel in its advertisements, thereby deceiving customers. Furthermore, even assuming that certain packs provide for unlimited free calls to any network, certain usage limits have been purported by Airtel under the said terms and conditions provided in its website, albeit camouflaging the same under the definition of ‘Commercial Usage’. These limits are not transparently communicated to the consumers. A screenshot of the website page explaining ‘Commercial Usage’ is enclosed as Annexure-B. The advertisements by Airtel mentioning ‘unlimited local and STD calls’ are false and misleading and therefore, such a claim is a gross violation of the Code, apart from being in gross violation of attendant telecommunication laws and TRAI regulations.”"

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 did not provide their specific comments on this complaint, but referred to an earlier Complaint No. 1612-C.1559 wherein they had assured compliance for a similar claim of “Free Calls Local + STD”. Complainant has stated that these calls are not unlimited but is capped at 1200 min/week. Under the terms and conditions provided on the Airtel website, Airtel has imposed certain limits on such free unlimited calling. The CCC concluded that in view of the cap of 1200 minutes / week as per advertiser’s fair usage policy, the claim, “Free Unlimited Local + STD calls” is misleading and contravened Chapter I.4 of the ASCI Code as well as Clause 1 of ASCI Guidelines for Disclaimers (“A disclaimer can expand or clarify a claim, make qualifications, or resolve ambiguities, to explain the claim in further details, but should not contradict the material claim made or contradict the main message conveyed by the advertiser or change the dictionary meaning of the words used in the claim as received or perceived by a consumer.”). Also, the disclaimer is not legible and contravened Clause VII (ii) of the ASCI Guidelines for Disclaimers. The complaint was UPHELD."

 

COMPANY:"Bigtree Entertainment Pvt. Ltd (Bookmyshow)"
PRODUCT:

COMPLAINT:

"“Get upto 50% off on movie tickets + movie snacks. *T&C apply”"

NATURE OF COMPLAINT:

"“I saw the advertisement of bookmyshow stating that 50% cashback on minimum purchase of 2 tickets. So I just saw this advertisement of bookmyshow on Facebook saying that 50% cashback on minimum purchase of 2 tickets, so I booked 4 tickets worth each which sums up to and some internet charges plus handling charges which could have come to 650. But according to the scheme I should have got a cashback of atleast 260. But then when I paid they deducted some internet handling charges and the final amount I had to pay was 616. Now why even they make fake advertisements to lure the customers? This is pure cheating. Such sites should be fined heavily. Cheaters”"

Recommendation: NOT UPHELD

"The CCC viewed the website advertisement and considered the Advertiser’s response along with the terms and conditions mentioned on the Advertiser’s website pertaining to the respective offer. Advertiser states that several customers have successfully availed of the offer and the customer has not applied the Code as clearly specified in the offer communication to avail the offer. The CCC noted that the claim offer, “Get upto 50% off on movie tickets + movie snacks.” Has a disclaimer that the offer is subject to terms and conditions. The customer needs to enter code HALFPRICE in the promo code box, to avail the discount amount and the maximum discount applicable is Rs 150/-The CCC reviewed the terms and conditions and concluded that the claim of “Get upto 50% off” is not objectionable and therefore the complaint was NOT UPHELD."

COMPANY:"Actoserba Active Wholesale Pvt Ltd"
PRODUCT:"Zivame- Fit for all"

COMPLAINT:

"Complaint No.1: “How come you allowed to broadcast such a content in a Television? Most of the young and children might be watching them. The content is so appropriate for any age group. Showing their private parts. Well they can even advertise by simple saying the benefits of their product. I urge to stop this specific content at least on television. Please keep in mind about the viewers also not just about the money.” Complaint No. 2: “It is a horrible advertisement in which all women are shown wearing bras & are shown absolutely inappropriately. I feel the advertisement is too literal. It is inappropriately advertised and definitely not suitable for kids or young children to watch. Let's have some respect for women's intimate clothing, and not make it an object of entertainment for dirty minds. It's freely broadcasted on Zee channels at prime time. Definitely don't expect to see such advertising on family channels. Also take a look at the comments section on the YouTube link I'm sharing.” Complaint No. 3: “Zivame bra advertisement with nude ladies Sir, zivame bra add is a adult add . With family i see the kapil show on 15 feb 2017 at 7.00 to 7.30 pm daily i see the show .for last three days a zivame bra add in mid of the show shown. It is a adult nude add wuth nude ladies. I cant see this add with my family. So please ban this add and action this add against urgently.” Complaint No. 4: “Showing bra in advertisement. Presentation of ad is in such way that cant see the content along with family.”"

NATURE OF COMPLAINT:

"The CCC viewed the TVC and considered the Advertiser’s response. Advertiser states that the campaign portrays real, relatable Indian women feeling their confident best in lingerie. The CCC concluded that in the context of a lingerie advertisement, the TVC showing various models in female personal outfits is not likely to cause grave and widespread offence. The complaints were NOT UPHELD."

Recommendation: NOT UPHELD

"The CCC viewed the TVC and considered the Advertiser’s response. Advertiser states that the campaign portrays real, relatable Indian women feeling their confident best in lingerie. The CCC concluded that in the context of a lingerie advertisement, the TVC showing various models in female personal outfits is not likely to cause grave and widespread offence. The complaints were NOT UPHELD."

 

COMPANY:"Sona School of Management"
PRODUCT:

COMPLAINT:

"1.100 percent placement including Global/Foreign placement. 2.100% Placement"

NATURE OF COMPLAINT:

"“I would like to draw your attention to the following two advertisements published on behalf of Sona School of Management. a) Business India; Issue dated December 5 - 18,2016; Special issue devoted to Best B Schools Survey, 2016; Page 97 b) Times of India; Bhubaneshwar Edition; Issue dated 25 January 2017; Times City Supplement; Page 3 In both the advertisements, the institution claims 100% placement without any authentic proof. I enclose both the copies and request your intervention”"

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the grievances of the complainant. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date for this complaint. The CCC viewed the advertisements. In the absence of comments from the Advertiser, the CCC concluded that the claims, “100 percent placement including Global/Foreign placement”, and “100% Placement”, were not substantiated with authentic supporting data such as detailed list of students who have been placed through their Institute, contact details of students for verification, enrolment forms and appointment letters received by the students, nor any independent audit or verification certificate, and are misleading by exaggeration. The advertisements 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:"Jewel Souk Marketplace Limited"
PRODUCT:"Sangini Diamond Jewellery"

COMPLAINT:

"India’s Most trusted Jewellery Brand”"

NATURE OF COMPLAINT:

"Sangini is advertising in ET (Mumbai) today as Most Trusted jewellery brand without any authentic source being quoted. This information is falsely misleading consumers. Please see image in newspaper of 14th Feb 2017"

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the grievances of the complainant. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date for this complaint. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claim, “India’s Most trusted Jewellery Brand”, was not substantiated with any market research data or any comparative data versus other similar brands in the same category. The claim is not qualified to mention the source and date of research and criteria for assessment for the claim made. Also, the claim is misleading by ambiguity and omission. The advertisement contravened Chapters I.1, I.2 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Bharti Airtel Ltd "
PRODUCT:"Switch to Airtel 4G Handset"

COMPLAINT:

“Switch to Airtel with your 4G Handset”

NATURE OF COMPLAINT:

"“The recent advertisement campaigns of M/s Bharti Airtel Limited (“Airtel”) canvassing customers to ‘Switch to Airtel you’re your 4G Handset’. As part of the same campaign, Airtel further offers to provide, under a prepaid package of Rs. 349, ‘free local + STD calls’ and ‘free 4GB data’ and also indicating ‘free data worth Rs. 9000’ (“Campaign”). All of these claims are false, grossly exaggerated, misleading and deceptive. The said advertisement is annexed herewith for your ready reference and marked as Annexure-A. The Campaign seeks to differentiate on the basis of handsets, including on the basis of existing/new 4G handsets and/or new subscribers who switch to the Airtel network. This differentiation is in gross violation of extant telecommunication laws, including the regulations issued by TRAI. The claims of ‘free 4GB data’ and ‘free data worth Rs. 9000’ are concerned, the same are not only vague but blatantly untrue and misleading, which has been offered without providing proper disclosures or relevant information to the customers, in as much as the said advertisements fail to inform customers that such the ‘free data’ is made available only upon the customer paying the recharge price of Rs. 349/- and that too on every recharge that he or she may be required to make every 28 days to continue availing the benefits of such data. The claim of free data is false and misleading in as much as the provision of any data is conditional upon purchasing the pack for the stated price. In other words, the data is not free and comes with price conditions attached. Further, post expiry of the data benefits in the pack, the subscriber is charged at ‘pay-as-you-go’ rates, which are not apparent from the campaign itself and which will have to be necessarily sought for and gleaned by the customer from the terms and conditions that are hosted elsewhere by Airtel. Not only is such promotion, false and misleading, it grossly abuses the trust of customers and would disappoint any customer in terms of the claim of ‘free 4GB data’ and ‘free data worth Rs. 9000’ being made by Airtel. The offer of free data is made available to only those subscribers who switch to their network from other Service Providers. The Campaign doesn’t clearly provide any information on the customers to whom such promotional pack would be made available. However, on its website, Airtel mentions that such an offer is available to those customers who switch to their network, i.e., the existing subscribers can’t avail the offer until and unless they upgrade to a new 4G handset. Such an offer, therefore, clearly discriminates between consumers of the same class as there is no justification provided by Airtel to offer the same only to the new subscribers or those who would upgrade to a new 4G handset. The recharge packs offered by Airtel, like the STV 148 or 348, it is once again, discriminating between its subscribers by providing additional benefits to customers owning a 4G handset. It is pertinent to note that the abovementioned offers provide 300 MB & 1GB data respectively, to its customers owning a 4G handset. However, for the same amount of recharge, Airtel is offering only 50 MB data to subscribers owning handsets other than a 4G handset. The advertisements by Airtel are false and misleading and in gross violation of attendant telecommunication laws and TRAI regulations.”"

Recommendation: NOT UPHELD

"The CCC viewed the advertisement and considered the Advertiser’s response. Advertiser states that the offer has been provided to incentivize the customers to upgrade to 4G handsets. As per existing laws a service provider can provide differential tariffs based on class of subscribers. The class of subscriber is clearly mentioned in T&C’s on their website. The CCC concluded that the claim, “Switch to Airtel with your 4G Handset”, is not in contravention of the ASCI code and is not objectionable. The complaint was NOT UPHELD."

 

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

COMPLAINT:

“Gives thicker hair”, “contains the goodness of oil”, Product is “New”

NATURE OF COMPLAINT:

"“The claim that the Product gives “THICKER” hair is untrue and misleading: The Advertiser claims that the Product gives thicker hair on usage. The claim is qualified by the disclaimer: “Strength against styling damage and visible thickness vs non-conditioning shampoo.” From the above, it is clear that the product does not provide any form of thickness. Thicker hair would mean that the thickness of the hair strands increase. That is also how the consumers would perceive the claim, and it is what the Advertiser wants the consumers to believe. However, the truth of the matter is hidden surreptitiously by the Advertiser in the disclaimer. The product is only capable of providing “visible thickness”, i.e., a voluminous look, and not thickness to the hair strands. It is further urged that the disclaimer seems to suggest that visible thickness is achieved by the product versus non-conditioning shampoo. It needs to be proven that the visible thickness delivered by the Product is actually more than non-conditioning shampoo. Without the same, the claim of visible thickness would also be untenable. The Advertiser ought to be put to strict proof of the same. The claim that the Product contains the goodness of oil needs to be substantiated: The Advertiser claims that the Product has two distinct features, which is “goodness of oils” and “pro-vitamin formula”, which clearly are the two distinct features of the product. The Advertiser seems to suggest that the Product has the goodness of oil to deliver the benefit of thicker and stronger hair. The Advertiser needs to prove what it means by “goodness of oil”, and how the said “goodness” delivers the benefit of stronger and thicker hair, as is being claimed. In the absence of the same, the claim cannot be made, and would be highly misleading and prejudicial to consumers. The claim that the Product is “New” is untrue, and in non-compliance to the applicable ASCI Code: ASCI prescribes the Validity and Duration of claiming New / Improved. It is prescribed that the same can be claimed for a period of 1 year from the time the new or improved product has been introduced in the market, specifying what aspect of the product is new or improved. It is common knowledge that Pantene is a brand and product which has been available in the market for a very long time. However, it is being referred to as “New” without any specification of what aspect of the Product is new. In the absence of such specification, the claim of “New” is in clear violation of the ASCI prescription on claiming “new” with respect to a product.”"

Recommendation: NOT UPHELD

"The advertiser representatives were given personal hearing by ASCI at which time they informed that the complaint made against the claims, “Gives thicker hair”, and “contains the goodness of oil”, are currently sub-judice, and the matter is before a consumer court, hence this part of the complaint would not be addressed by them. Subsequently, the advertiser submitted their written response to the complainant’s objection to the claim of “New” made in the TVC. Advertiser did not provide a copy of the TVC despite ASCI’s request. The CCC viewed the TVC provided by the complainant and the advertisement available on YouTube, and considered the advertiser’s response. Advertiser states that the two main features to the shampoo formulation upgrade are that the level of conditioning has been increased in the Total Damage Care and Hairfall Control variants, and the perfume has been upgraded to a consumer preferred version across all variants including the Pantene Product. Advertiser’s response referred to a chart summarizing the changes carried out in the formulation and perfume of the product, and they also provided an artwork of the old and new product packaging. The CCC reviewed the key changes made in Perfume level Conditioning Level and based on this data, the CCC concluded that the claim of “New” was substantiated. The complaint was NOT UPHELD."

 

COMPANY:"OSK IT Solutions "
PRODUCT:"(OSK Consultant)"

COMPLAINT:

“100% Placement”

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 they have a tie-up and contacts with many companies from multiple location and on that basis they offer job placement calls to candidates (not a guaranteed placement). Advertiser did not provide any supporting data for the claim made. In the absence of claim support data, the CCC concluded that the claim, “100% Placement”, was inadequately substantiated with authentic supporting data such as detailed list of students who have been placed through their Institute, contact details of students for verification, enrolment forms and appointment letters received by the students, nor any independent audit or verification certificate, and is misleading by exaggeration. The advertisement contravened Guidelines for Advertising of Educational Institutions and Programs as well as Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"LG Electronics India Pvt. Ltd."
PRODUCT:"LG Air Conditioner"

COMPLAINT:

"“30 percent faster cooling”, “66 percent extra energy saving compared to other AC”, “keep mosquito away” “A/C that saves everyday” The disclaimers in the TVC are not legible."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objections raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date for this complaint. The CCC viewed the TVC. Advertiser did not provide any comparative technical data or third party test reports to prove performance of LG air conditioners as depicted in the TVC in terms of giving 30 percent faster cooling and saving 66 percent extra energy as compared to other ACs. In the absence of claim support data, the CCC concluded that the claims, “30 percent faster cooling”, “66 percent extra energy saving compared to other AC”, were not substantiated and are misleading by exaggeration and implication that other air conditioners are inferior to the advertised product. The claim, “keep mosquito away”, was not substantiated with supporting evidence and is misleading by exaggeration. The TVC contravened Chapters I.1 and I.4 of the ASCI Code. The disclaimers in the TVC are not legible, are not in the same language as the audio of the TVC (Hindi), and the hold duration of the disclaimers are not in compliance with the ASCI Guidelines. The TVC contravened Clauses 4(I), 4(X) and VII (ii) of ASCI Guidelines for Disclaimers. This complaint was UPHELD. The claim, “A/C that saves everyday”, was not considered to be objectionable. This complaint was NOT UPHELD."

 

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

COMPLAINT:

"“5 kg weight loss guarantee and 5 inch figure correction” The before and after visuals in the ad appears to be misleading."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The Advertiser was offered an opportunity for Personal Hearing or for a telecon with the ASCI Secretariat. The advertiser representatives did not seek a personal hearing nor did they have a telecon, and submitted their written response. The CCC viewed the TVC and considered the Advertiser’s response. Advertiser states that a client can lose up to 5 kgs weight in given time and once the weight loss happens, the client would definitely experience an inch loss up to 5 inches which purely depends on the nature of the body of the Client. The CCC noted that the advertiser has only given assertions about their treatment, but have not provided details and evidence of the equipment and treatment modality used at their clinic and for achieving weight reduction benefits. Also, they did not provide details of the Kolors Integrated Massage Therapy as claimed in the TVC nor evidence of results achieved by the clients. Based on the data provided, the CCC concluded that the claim, “5 kg weight loss guarantee and 5 inch figure correction”, was inadequately substantiated and is misleading by gross exaggeration. The efficacy being depicted via images of before and after the treatment is misleading by gross exaggeration. The advertisement contravened Chapters I.1, and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Ayurwin Pharmaceutical Pvt Ltd."
PRODUCT:"Nutrigain Plus Powder & Capsules"

COMPLAINT:

"1. The only weight gain Product Powered by Ayurscience. 2. Approved by Ayush Dept."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objections raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date for this complaint. The CCC viewed the advertisement. The CCC noted that while the product may have been approved for manufacturing, no evidence exists that Ayush Department has permitted their name to be used for advertising purpose. Furthermore, there are many other ayurvedic products in the market for weight-gain purpose. In the absence of comments from the Advertiser, the CCC concluded that the claims, “The only weight gain Product Powered by Ayurscience”, and “Approved by Ayush Dept.”, were not substantiated with supporting evidence, and are misleading by gross exaggeration. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"SBS Biotech "
PRODUCT:"Dr Juneja’s Accumass"

COMPLAINT:

"1. Accumass is very helpful to gain weight 2. Increase body weight, not fat 3. World's Greatest Brands 2015-16 IUA 4. World Brand Summit - Most Trusted Brand Of Asia 2016 5. Ayurvedic Formulation to help Gain Weight for all ages (Pack claim)"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objections raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date for this complaint. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claims, “Accumass is very helpful to gain weight”, “Increase body weight, not fat”, and pack claim, “Ayurvedic Formulation to help Gain Weight for all ages”, were not substantiated with supporting clinical evidence of product efficacy, and are misleading by exaggeration. The claims, “World's Greatest Brands 2015-16 IUA”, and “World Brand Summit - Most Trusted Brand Of Asia 2016”, were not substantiated with any support data of the research or any comparative data versus other similar brands in the same category. The claims are not qualified to mention the source and date of research and criteria for assessment for the claims made. Also, the claims are misleading by ambiguity and omission. The advertisement contravened Chapters I.1, I.2 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Dr. Batra’s Positive Health Clinic"
PRODUCT:"Dr. Batra’s Homeopathy"

COMPLAINT:

"Our treatment results are independently audited by American Quality Assessors (AQA) across our patient base of 15 lakh, and are as follows: - All Ailments - 94% Better - Hair Loss - 95% Better - Skin Diseases - 88% Better - Women's Problems - 94% Better - Child Disorders - 94% Better"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objections raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date for this complaint. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claims, “Our treatment results are independently audited by American Quality Assessors (AQA) across our patient base of 15 lakh, and are as follows: - All Ailments - 94% Better - Hair Loss - 95% Better - Skin Diseases - 88% Better - Women's Problems - 94% Better - Child Disorders - 94% Better”, were not substantiated with authentic supporting evidence nor any independent audit or verification certificate, and are misleading by exaggeration. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Tasmiya Retail Private Limited"
PRODUCT:"Beauty 4ever Permanent Hair Removal Cream"

COMPLAINT:

"1. Get rid of unwanted hair through cream 2. For both Women & Men, apply just twice 3. Permanent hair removal cream The before and after visuals in the advertisement appear to be misleading"

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objections raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date for this complaint. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claims, “Get rid of unwanted hair through cream”, For both Women & Men, apply just twice and “Permanent hair removal cream”, were not substantiated with product efficacy data, and are misleading by exaggeration. Also, efficacy being depicted via images of before and after the use of the product are misleading. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Ayushakti Ayurved Pvt. Ltd.V"
PRODUCT:"Ayushakti Ayur Health Centre"

COMPLAINT:

"1. Even the Phoenix House Foundation in the U.S.A. believes Ayushakti doctor are the best in giving solutions for breathlessness, allergies and depression. 2. Ayushakti helped rescue workers of 9/11 attack to come out of shock, depression, severe breathlessness, joints pain and chronic fatigue. 3. Within 18 months 80% of the people did not need any breathing pumps. Their frequent allergy problems, breathlessness and depression had relieved remarkably and they all started working again. 4. The Phoenix House Foundation U.S.A research proves Ayushakti herbs are effective in combating breathing difficulties, joint pain, chronic fatigue and depression. 5. In general, Ayushakti's herbs proved to be the most effective after 6 months! 6. Continuing the rejuvenation herbs in the Asthatox program, helps nourish the channels, thus protecting your lungs from further damage and promotes easy breath. 7. Asthatox detox program: Asthatox detox provides remarkable results in just 2 months. If you follow only herbs and diet, then you get relief from symptoms in 6 months to a year. 8. Ayushakti has helped lacs of people for the past 27 years to relieve chronic ailments like joint pain, breathlessness, high blood sugar, skin and hair problems, gas -acidity, IBS, weight gain, unable to experience parenthood."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The advertiser representatives were given personal hearing by ASCI, at which time the Advertiser provided a copy of research paper – journal reference on `Ayurvedic Herbal Supplements as an antidote to 9/11 toxicity’. Subsequently the advertiser submitted their written response. As claim support data, the advertiser provided List of herbal products used in the Phoenix house foundation research with ingredients and actions, List of rejuvenation herbs used in asthatox program, and ERP patient data from the year 2009 to 2017. The CCC noted that the data submitted does not correlate products composition that was part of the referred study to the products currently being advertised. While Ayushakti may have thousands of customers, this data was not considered to be acceptable to Claim that all of them were relieved of the chronic ailments listed in the advertisement. Furthermore, the CCC observed that some claims were superlative – “Ayushakti doctors are the best…” “Ayushakti's herbs proved to be the most effective….” . Based on the review of data submitted, the CCC concluded that the claims, “Even the Phoenix House Foundation in the U.S.A. believes Ayushakti doctor are the best in giving solutions for breathlessness, allergies and depression”, “Ayushakti helped rescue workers of 9/11 attack to come out of shock, depression, severe breathlessness, joints pain and chronic fatigue”, “Within 18 months 80% of the people did not need any breathing pumps. Their frequent allergy problems, breathlessness and depression had relieved remarkably and they all started working again”, “The Phoenix House Foundation U.S.A research proves Ayushakti herbs are effective in combating breathing difficulties, joint pain, chronic fatigue and depression”, “In general, Ayushakti's herbs proved to be the most effective after 6 months!”, “Continuing the rejuvenation herbs in the Asthatox program, helps nourish the channels, thus protecting your lungs from further damage and promotes easy breath”, “Asthatox detox provides remarkable results in just 2 months. If you follow only herbs and diet, then you get relief from symptoms in 6 months to a year”, Ayushakti has helped lacs of people for the past 27 years to relieve chronic ailments like joint pain, breathlessness, high blood sugar, skin and hair problems, gas -acidity, IBS, weight gain, unable to experience parenthood”, were inadequately substantiated and are misleading by gross exaggeration. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 
 

COMPANY:"Kalpayur Ayurvedic Clinic & Panchakarma Center"
PRODUCT:"Diabecare"

COMPLAINT:

"Diabecare - Natural & Effective Support in Diabetes. Yogic Naturals with Active Nano Extracts."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objection raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date for this complaint. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claim, “Diabecare - Natural & Effective Support in Diabetes. Yogic Naturals with Active Nano Extracts”, was not substantiated with supporting clinical evidence and is misleading. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"SBS Biotech Ayurvedic Division."
PRODUCT:"Roop Mantra Skin Care Products"

COMPLAINT:

"“1. World's Greatest Brands 2015-16 IUA. 2. India's Most Trusted Brand - Consumer Validated 2015 - Voted By Indian Consumers 3. Selected No.1 Brand India 2014 - Consumer Survey Report, Mrg 2014. 4. World Brand Summit Dubai 2016 (Ayurvedic Otc Products) Conducted By : World Brands Review Corporation. -Most Trusted Brand Of Asia 2016.”"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objections raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date for this complaint. The CCC viewed the advertisement and noted that claims of these nature regarding leadership / “most trusted”, would need to be supported by documentary evidence such as consumer with survey methodology, questionnaires used, names of other similar brands that were part of the survey and the outcome which set out the reasons why they trusted Roop Mantra Skin Care Products over their competitors. In the absence of claim support data, the CCC concluded that the claims, “World's Greatest Brands 2015-16 IUA”, “India's Most Trusted Brand - Consumer Validated 2015 - Voted By Indian Consumers”, “Selected No.1 Brand India 2014 - Consumer Survey Report, Mrg 2014”, “World Brand Summit Dubai 2016 (Ayurvedic Otc Products) Conducted By : World Brands Review Corporation”, “Most Trusted Brand Of Asia 2016”, were not substantiated with any support data of the research or any comparative data versus other similar brands in the same category. The claims are not qualified to mention the source and date of research and criteria for assessment for the claims made. Also, the claims are misleading by ambiguity and omission of the product category. The advertisement contravened Chapters I.1, I.2 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY: "Simandar Herbal Pvt Ltd"
PRODUCT:"Yesaka Sugar Free Liquid"

COMPLAINT:

“Yesaka Sugar Free Liquid: - Claim implies freedom from diabetes when seen in conjunction with the visual

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek a personal hearing and submitted their written response. Advertiser states that Yesaka Sugar Free Liquid means an ayurvedic product which does not contain sugar and so it can also be consumed by diabetic person. Subsequently, the Advertiser was provided an opportunity to discuss their submission via telecon. Post telecon, the advertiser sought for Informal Resolution of the complaint by removing the claims / visuals objected to. However, they did not complete the formalities prior to the due dates for the same. Therefore the complaint was processed for CCC deliberations. The CCC concluded that the claim – product name “Yesaka Sugar Free Liquid” for product meant for treatment of diabetes, is misleading by implication. The product name when read in conjunction with the tagline, "curing naturally" and visual showing a Glucometer, implies that the product is beneficial in curing diabetes, which is in Breach of the law as it violated The Drugs & Magic Remedies Act (item 9 under DMR schedule). The advertisement contravened Chapters I.1, I.4 and III.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"The Punjab St Coop Supply & Mktg Fed Ltd"
PRODUCT:"Sohna Organic Atta"

COMPLAINT:

“Responsibly sourced”, “Certified by S.G.S (World accreditation agency)”

NATURE OF COMPLAINT:

Recommendation: NOT UPHELD

"The CCC viewed the advertisement and considered the Advertiser’s response. Advertiser states that by conducting internal audits twice a year and external audit annually by certification agency consecutively for three years, the farms are certified and certification is generated by APEDA through SGS India Ltd. As claim support data, the advertiser provided procedure and parameters for certification from SGS as trader, and copy of SGS certificate. The SGS certificate states the wheat flour as organic. Based on this data, the CCC concluded that the claims, “Responsibly sourced”, and “Certified by S.G.S (World accreditation agency)” were substantiated. The complaint was NOT UPHELD."

 

COMPANY:"Trophic Wellness Pvt. Ltd"
PRODUCT:"Nutricharge Health Drink"

COMPLAINT:

"1. Energy revitalizing beverage 2. Contains natural Pomegranate and Red Grape juice from USA and Spain 3. Enriched with Minerals and Electrolytes to hydrate the body 4. Energy boosters like Taurine and Vitamins 5. One can consume it when one feels low on energy, de-hydrated, refreshment and thirst. 6. Who can consume: Anyone of age 12 years and above 7. Dosage: Maximum 2 packs per day 8. Footnote: *These statements have not been evaluated by the Food and Drug Administration 9. Footnote: *These products are not intended to diagnose, treat, cure or prevent any disease"

NATURE OF COMPLAINT:

"“Our objections: 1. How does Nutricharge energy drink claim to be an energy revitalizing beverage? Please substantiate with independent studies which have proven the safety and efficacy of the product. 2. Does it contain caffeine? If so, how much? 3. Can even aged with medical conditions like diabetes, blood pressure, heart conditions consume this? Does one need to consult a doctor before consuming this? 4. Are there any side effects of over dosage? 5. Data suggests that you get enough taurine from food containing Vitamin B6 and excess amount of taurine in the body causes it to become toxic. Considering this, won consuming this product cause harm to the body in the long run? What is the content of taurin in your drink? 6. For how long can one continue to use this product? What are the adverse effects of long term use of this product? 7. Such beverages usually do not emphasize on energy derived from the sugars they contain, but rather through a choice of stimulants, vitamins, and herbal supplements. These drinks provide a short-term boost that helps keep people awake as they are packed with caffeine and likes. They are in that sense not giving consumers the energy required but only stimulating them. The word energy drink is a misnomer. So an apt term for these beverages could be stimulant/caffeinated drinks. Please explain. 8. Footnote states that these statements have not been evaluated by the Food and Drug Administration?. Then who has evaluated them? Why has it not been approved by FDA? 9. The other footnote mentions these products are not intended to diagnose, treat, cure or prevent any diseaseâ?. But the product also claims that it is energy revitalizing beverage and one can consume it when one feels low on energy, dehydrated, refreshment and thirst. These are contradictory statements. Please explain. 10. Claims 19 need to be substantiated with independent data According to us, this contravenes Chapter 1.1 and 1.4 of ASCI code Action to be taken: We propose that the content should be immediately withdrawn. Action to be taken - We propose the advt should be immediately withdrawn.”"

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the grievances of the complainant. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date for this complaint. The CCC viewed the website advertisement. The CCC noted that the advertiser has not furnished any details regarding the product details, their composition or FSSAI approval. In the absence of comments from the advertiser, the CCC concluded that the claims, “Energy revitalizing beverage”, “Enriched with Minerals and Electrolytes to hydrate the body”, “Energy boosters like Taurine and Vitamins”, “One can consume it when one feels low on energy, de-hydrated, refreshment and thirst”, were not substantiated with proof of efficacy. Claim, “Contains natural Pomegranate and Red Grape juice from USA and Spain”, was not substantiated with supporting data. Also, the claims are misleading by exaggeration. The website advertisement contravened Chapters I.1 and I.4 of the Code. This complaint was UPHELD. The statement, “Who can consume: Anyone of age 12 years and above”, and “Dosage: Maximum 2 packs per day”, were not considered to be objectionable. This complaint was NOT UPHELD."

 

COMPANY:"Dr Bhavana Shah Fitness Highway"
PRODUCT:"Vela weight loss, U-Lipo and Tummy tuck"

COMPLAINT:

"1. Loose 10 Kg in 10 weeks 2. U-Lipo FREE!!!* 3. Tummy Tuck FREE!!!* 4. 6 months maintenance free!!!*"

NATURE OF COMPLAINT:

"“This advertisement is making Big Claim of LOSE 10 KG IN 10 WEEKS, which is highly misleading and exaggerated. Also this advt is making a claim of U LIPO FREE and TUMMY TUCK FREE, whereas when i called the numbers given on the advertisement to take the FREE U LIPO AND FREE TUMMY TUCK, they informed me that nothing is free. You have to buy a package of Rs 30000 to get FREE U LIPO AND FREE TUMMY TUCK. This is misleading claim as the advertisement does not mentions the same, that consumer has to buy a package to get FREE SERVICES. Also this advt is making a claim of 6 months maintenance free, where as they denied giving free services, unless i buy a package.”"

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the grievances of the complainant. The advertiser requested for an informal resolution of the complaint by assuring to modify the advertisement. However, the proposed modification did not qualify for Informal Resolution process and was taken up further for the CCC deliberations. The advertiser was further provided with an opportunity to discuss their submission via telecon. Advertiser states that the proposed modified claim made can be substantiated with the data of their customer report cards, but due to this data being confidential, the same cannot be shared with ASCI. The CCC noted viewed the advertisement and considered the advertiser’s response. The CCC noted that the advertiser did not provide details of the treatment procedure for weight reduction. In the absence of claim support data, the CCC concluded that the claim, “Loose 10 Kg in 10 weeks”, was not substantiated with supporting clinical evidence, and with treatment efficacy data, and is misleading by exaggeration. There was no reference to Rs. 30,000/- in the package claimed in the advertisement. The claim offers, “U-Lipo FREE!!!*”, “Tummy Tuck FREE!!!*”, and “6 months maintenance free!!!*”, are misleading by ambiguity and omission as the services offered are not free but subject to purchase of package of Rs.30,000/- The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY: "The Pain Clinic."
PRODUCT:

COMPLAINT:

"1. “Pain relief medicines for knees, hips can damage liver and kidney – WHO” 2. Treatment without operation."

NATURE OF COMPLAINT:

"“Product: Health Centre Company: The Pain Clinic, first floor, Nandkutir Complex, Behind Doctor House, Near Parimal Underbridge, Ellisbridge, Ahmedabad Appeared: in Divya Bhaskar Ahmedabad on 22 January 2017 Language: Gujarati Claims: 1. Pain relief medicines for knees, hips can damage liver and kidney – WHO 2. Treatment without operation Our objection: The ad states that medicines for knee and hip pain can damage liver and kidney. And then it claims that they treat without operation. How do they propose to treat pain without operation? Do they have some special medicines which do not damage the liver and kidney? This would require substantiation from independent authority. Action to be taken: We propose that the advertisement should be immediately withdrawn.Action we propose ? Advt should be immediately withdrawn”"

Recommendation: UPHELD

"The advertiser was granted an extension of five days to the standard lead time of seven days to submit their reply in response to their request for extension. The Advertiser was also 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 extended due date for this complaint. The CCC viewed the advertisement. The CCC noted that the advertisement makes a reference to WHO and states that pain relief medicines may damage liver and kidney. While this may be true, the advertisement further makes a claim of “treatment without operation”. However the advertiser has not submitted any data regarding the treatment modality how the claimed pain relief is achieved for patients who have been advised an operation. In the absence of claim support data, the CCC concluded that the claim (in Gujarathi) as translated in English, “Treatment without operation”, were not substantiated with clinical evidence of the treatment efficacy and are misleading by gross exaggeration. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY: "Life Homeopathy "
PRODUCT:

COMPLAINT:

"1. Without Operation: Piles, Fistula, Tumors 2. The misleading testimonial implies cure for asthma"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Piles and Fistulae Item no. 42- Schedule J Cancer and benign tumour Item no. 8 – Schedule J Tumours- Item no. 51-DMR Act"

 

COMPANY:"Shree Baidyanath Ayurved Bhawan"
PRODUCT:"Baidyanath Vita Ex Gold Plus"

COMPLAINT:

"The visual in the Ad and the Product packaging read in conjunction with the claims in the advertisement implies that the product is meant for enhancement of sexual pleasure."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

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

 

COMPANY: "Sardar Ji Skin Cure"
PRODUCT:

COMPLAINT:

"Ad has reference to White Spots (vitiligo) - misleading by ambiguity and implication"

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"Leucoderma Item no. 33- DMR Act Item no. 35- Schedule J"

 

COMPANY:"Lord Pharma Company"
PRODUCT:"Mehanorm Plus"

COMPLAINT:

"Sure treatment of diabetes"

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"Diabetes- Item no. 9 – DMR Act Item no. 14- Schedule J"

 

COMPANY:"Sun Laboratories (P) Ltd"
PRODUCT:"Titanic-K2 Capsules"

COMPLAINT:

"1. Now Titanic - k2 with full energy 2. Power Booster For Men"

NATURE OF COMPLAINT:

Recommendation: UPHELD

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

 

COMPANY:"Ayur Veda Mantra "
PRODUCT:

COMPLAINT:

"Cure in 14 Days -Cervical Spondylsis, Lumbar Spondlysis, Parkinsonism"

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"Spondylitis- Item no. 48- Schedule J Parkinsonism- Item no. 41-Schedule J"

 

COMPANY:"Shree Kalyan Ayurvedashram"
PRODUCT:

COMPLAINT:

"1. Acclaimed by thousands of patients having suffering from spots. 2. After starting treatment the color of spots change & instantly all spots get removed and skin color gets uniform."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"Leucoderma Item no. 33- DMR Act Item no. 35- Schedule J"

 

COMPANY:"Mata Tirath Devi Ayurvedic Hospital"
PRODUCT:

COMPLAINT:

"Ayurvedic treatment of cancer"

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"Cancer and benign tumours- Item no. 8 – Schedule J Cancer Item no. 6-DMR Act"

 

COMPANY:"Dr Shukla Ayurvedic Sex Clinic"
PRODUCT:

COMPLAINT:

"1. Before or after marriage 2. Meet for masculine weakness, nightfall, premature ejaculation, discharge, childlessness, lack of sperm & every veneral diseases. 3. Get New strength and youth in growing age The visuals in the Ad read in conjunction with the claims in the advertisement implies that the treatment is meant for enhancement of sexual pleasure."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"Premature Ejaculation - Item no- 47- Schedule J Venereal diseases including syphilis, gonorrhea, soft chancre, venereal granuloma and lymphogranuloma- Item no. 54- DMR Act Maintenance or improvement of the capacity of the human being for sexual pleasure – Item no. 36 – Schedule J"

 

COMPANY: "Cenozoic Remedies Pvt Ltd "
PRODUCT:"Diaba Dops Liquid & Capsules"

COMPLAINT:

"Now sugar treatment from roots"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Diabetes- Item no. 9 – DMR Act Item no. 14- Schedule J"

 

COMPANY:"Star Ayurveda "
PRODUCT:"Star Homeopathy/ Star Ayurveda"

COMPLAINT:

"Safe, perfect treatment for all types Chronic Health Diseases ….. Treatment without operation.Put an end to Asthama, Obesity, Diabetes, Infertility Problems, Rheumatoid Arthritis, Ankylosing Spondylitis"

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"Asthma- Item no. 4- Schedule J Obesity- Item no. 38- DMR Act Item no. 39- Schedule J Diabetes- Item no. 9 – DMR Act Item no. 14- Schedule J Sterility in women- Item no 45- DMR Act Rheumatism Item no. 43- DMR Act Spondylitis- Item no. 48- Schedule J"

 

COMPANY:"Charak Kayakalp Hospital"
PRODUCT:

COMPLAINT:

"1. Get rid of Asthma quickly 2. Kidney failure patients are taking benefits through panchkarma treatment and getting rid of dialysis"

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"Asthma- Item no. 4- Schedule J Kidney Stones- Item no. 22- DMR Act Item no. 50- Schedule J"

 

COMPANY: "Olivet Pharma Pvt Ltd"
PRODUCT:"Ayusya Ayurvedic Super Speciality Treatment"

COMPLAINT:

"Get a pain free life with the process of ayurvedic Panchakarma , treat Rheumatoid Arthritis,Psoriatic Spondylitis, Cervical and Lumber Spondylitis and Leucoderma"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Rheumatism Item no. 43- DMR Act Spondylitis- Item no. 48- Schedule J Leucoderma Item no. 33- DMR Act Item no. 35- Schedule J"

 

COMPANY:"Soliel International Healthcare Products"
PRODUCT:"BT-36 Body toner capsule and cream"

COMPLAINT:

"1.Beautiful shape 2.The visual in the ad, read in conjunction with the claim objected to implies that the product is meant for breast enhancement"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Form and structure of the female bust- Item no.21 –DMR Act Form and structure of the breast- Item no. 19 – Schedule J"

 

COMPANY: "Positive Homeopathy"
PRODUCT:

COMPLAINT:

"1. Excellent Safe treatment by experts in skin disease. To any problem, easy and safe process treatment- Infertility Piles Diabetes Spondylitis 2. Complete cure of diseases with nano pills- Diabetes, Piles, Arthritis,Infertility, Hepatitis. 3. 100% Cure is our priority. 4. Visual implies cure for Leucoderma"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Sterility in women Item no. 48 – DMR Act Piles and Fistulae Item no. 42- Schedule J Diabetes- Item no. 9 – DMR Act Item no. 14- Schedule J Rheumatism Item no. 43- DMR Act Spondylitis- Item no. 48- Schedule J"

 

COMPANY:"Meeta Ayurveda "
PRODUCT:

COMPLAINT:

"1. Increase sex time upto 35 minutes 2. Take advice and treatment for penis length/ increase thickness, discharge, thinness, loose organ, sloping organ. The visual in the ad, read in conjunction with the claims objected to implies that the treatment is meant for enhancement of sexual pleasure"

NATURE OF COMPLAINT:

Recommendation: UPHELD

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

 

COMPANY:"Ayurved Amrutam "
PRODUCT:

COMPLAINT:

"Successful treatment of patients disappointed by other medical methods- Obesity,Diabetes, Women’s Diseases, White spots, Hepatitis, Liver cyst, Fatty Liver, Venereal diseases, Stomach diseases- Ulcers, Piles, Kidney Stones"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Obesity- Item no. 38- DMR Act Item no. 39- Schedule J Diabetes- Item no. 9 – DMR Act Item no. 14- Schedule J Female Diseases (in general) Item no -18- Schedule J Leucoderma Item no. 33- DMR Act Item no. 35- Schedule J Hepatitis/Liver disorders Item no. 33- Schedule J Venereal diseases including syphilis, gonorrhea, soft chancre, venereal granuloma and lymphogranuloma- Item no. 54- DMR Act Ulcer- Item no. 53- DMR Act Piles and Fistulae Item no. 42- Schedule J Kidney Stones- Item no. 22- DMR Act Item no. 50- Schedule J"

 

COMPANY:"Ratan Ayurvedic Sansthan"
PRODUCT:"Sudol Body Toner Capsules"

COMPLAINT:

"1. That has raised confidence of generations 2. Used by millions of females, Get amazing confidence with sudol. 3. The package visual implies that the product is meant for breast enhancement."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Form and structure of the female bust- Item no.21 –DMR Act Form and structure of the breast- Item no. 19 – Schedule J"

 

COMPANY:"Raheem Unani Clinic"
PRODUCT:

COMPLAINT:

"1. Excellent Treatment for Lost Sexual desires, Masturbation, Quick Ejaculation, Sexual Dissatisfaction, Infertility and other sexual related problems 2. The visual in the ad, read in conjunction with the claims objected to implies that the treatment is meant for enhancement of sexual pleasure. 3. Treatment without operation, for removal of stones in Kidneys. 4. The visual in the ad, implies cure for Leucoderma"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Premature Ejaculation - Item no- 47- Schedule J Sterility in women Item no. 48 – DMR Act Kidney Stones- Item no. 22- DMR Act Item no. 50- Schedule J Leucoderma Item no. 33- DMR Act Item no. 35- Schedule J"

 

COMPANY:"G M Ayurved"
PRODUCT:

COMPLAINT:

"1. Increase height. 2-6 inch, course duration 4 months . result from the first month 2. Remove obesity. Reduce extra fat and weight."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Stature of persons Item no. 47- DMR Act Improvement in height of children /adults Item no. 29-Schedule J Obesity- Item no. 38- DMR Act Item no. 39- Schedule J"

 

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

COMPLAINT:

"1. Patient of hemiplegia and paralysis who was unable to speak is able to speak again 2. 3 months of treatment with Dr Dassans he has his got speech back and is able to walk again 3. The testimonial claims cure for paralysis"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Paralysis Item no 39- DMR Act Item no. 40 – Schedule J"

 

COMPANY:"Rajnish Hot Deals Pvt Ltd"
PRODUCT:"Play Win Capsule"

COMPLAINT:

"1. Gives vigour & enormous pleasure. 2. The visual in the ad, implies that the treatment is meant for enhancement of sexual pleasure."

NATURE OF COMPLAINT:

Recommendation: UPHELD

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

 

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

COMPLAINT:

"1. Massage daily and experience the height of happiness 2. Only for Men 3. The visual in the ad and package , read in conjunction with the claims objected to implies that the treatment is meant for enhancement of sexual pleasure"

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

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

 

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

COMPLAINT:

"The visual in the ad implies that the product is meant for enhancement of sexual pleasure"

NATURE OF COMPLAINT:

Recommendation: UPHELD

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

 

COMPANY:"Dindayal Aushadhi Pvt Ltd"
PRODUCT:"303 Capsules"

COMPLAINT:

"1. Use 303 at Night 2. The visual in the ad, read in conjunction with the claims objected to implies that the product is meant for enhancement of sexual pleasure"

NATURE OF COMPLAINT:

Recommendation: UPHELD

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

 

COMPANY:"Kudos Ayurveda"
PRODUCT: "Kudos Maharaja"

COMPLAINT:

"1. Now more power 2. Get Back the Fire 3. Kudos Maharaja makes married life more exciting. 4. The visuals in the ad and package, read in conjunction with the claims made in the advertisement implies that the product is meant for enhancement of sexual pleasure"

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

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

 

COMPANY:"Jeevan Jyoti Group Of Hosp"
PRODUCT:"Arpit Test Tube Baby Center"

COMPLAINT:

"1. Complete and successful treatment for childlessness."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Sterility in women Item no. 48 – DMR Act"

 

COMPANY: "Dr. Kamlesh Tandon Hospital and Test Tube Baby Centre"
PRODUCT:

COMPLAINT:

"1. Good news for childless couple - Now becoming mother is very easy through test tube method. 2. Majority of patients succeeded with this scheme and taking healthy children to their homes."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"Sterility in women Item no. 48 – DMR Act"

 

COMPANY: "Akashdeep Hospital"
PRODUCT:

COMPLAINT:

"Successful Treatment centre for Epilepsy, Stroke"

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"Epilepsy Item no. 17- DMR Act Epileptic fits Item no. 16- Schedule J Diseases and disorder of brain Item no. 10- DMR Act"

 

COMPANY:"Rohilkhand Medical College and Hospital"
PRODUCT:

COMPLAINT:

"Successful treatment of 1) uterus, tumors & cancer. 2) Infertility treatment 3) All types of female diseases treated"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Diseases and disorders of uterus Item no. 15- Schedule J Sterility in women Item no. 48 – DMR Act Female diseases (in general) Item no. 18- DMR Act"

 

COMPANY:"National Academy of Event Management & Development"
PRODUCT:

COMPLAINT:

"1. Join Asia’s Best Event Management Institute 2. 100% Placement Assistance 3. Best Institute for Event Management at Asia Education Summit 2015 4. NAEMD- Recognised by Limca Book of Records-NAEMD is Asia’s First & Best Event Management Institute to offer courses in Events Management & PR"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"On receiving the ASCI’s request for confirmation of Compliance, the advertiser responded stating that India Education Excellence Awards had awarded NAEMD as Best Institute for Event Management of the Year. The advertiser agreed to drop the numerical claim of “100%” from the terms “100% placement assistance”. As claim support data, the advertiser provided copy of Certificate received at Asia Education Summit 2015 and copy of certificate of Limca Book of Records. The CCC viewed the advertisement and considered the advertiser’s response for Review along with the claim support data. Based on the data submitted, the CCC observed that the advertiser has only provided a copy of the certificates / awards received by them; However, there is no evidence of the authenticity and robustness of any survey that may have been conducted to arrive at such claim. Furthermore, claims of this nature are likely to be seen as a reflection of consumer opinion of the coaching offered by the classes and therefore, the CCC considered that it would need to be supported by documentary evidence which could be in the form of a research and / or customer survey which set out the parameters and reasons why they consider NAEMD to be better than their competitors. The CCC acknowledged advertiser’s justification for the claims; however, in the absence of survey methodology, parameters and questionnaires used, names of other similar institutes that were part of the survey and the outcome, the CCC considered it was insufficient to support the specific types of claims they had made. Advertiser did not provide the list of other Event Management institutes with the date/year of establishment to justify the claim of them being First Institute in Asia and any comparative study to show why and how and on what criteria they were considered as the best. In the absence of suitable documentary evidence, the CCC concluded the claims, “Asia’s Best Event Management Institute”, “Best Institute for Event Management at Asia Education Summit 2015”, “NAEMD is Asia’s First & Best Event Management Institute to offer courses in Events Management & PR”, were inadequately substantiated and are misleading. The advertisement contravened Guidelines for Advertising of Educational Institutions and Programs as well as Chapters I.1 and I.4 of the ASCI Code. The earlier CCC recommendation of complaint being Upheld stands on Review."

 

COMPANY:"Versa Drives Private Limited"
PRODUCT:"Superfan Fans"

COMPLAINT:

"1. Claims to work on BLDC technology and only these fans can save more than 56 percent of electricity bills. 2. Can recover the fans cost within 2 years"

NATURE OF COMPLAINT:

Recommendation: NOT UPHELD

"On receiving the CCC recommendation, the Advertiser requested for a Review of the same. Subsequently, they submitted additional data for Review and assured that the said TVCs have been discontinued pending review recommendation. Advertiser states that the claim of “56% less than the ordinary ceiling fans” was measured after the tests at various institutions for the last four years since the product launch. Ordinary fans refer to those which use the traditional induction motor technology i.e. non-BLDC motor fans. Superfan runs for 29 hours at top speed for every 1 unit of electricity compared to 13 hours for the ordinary ceiling fans which uses induction motor. In this case, the savings will be more than 56%. As claim support data, the advertiser provided Evaluation and comparison between Superfan with ordinary ceiling fan, Customer feedback on power saving, supporting data for the cost of the fan within 2 years, and test reports from NABL accredited labs. The claim support data was reviewed by the technical expert of ASCI. The CCC viewed the TVCs and considered the Advertiser’s response as well as the opinion of the Technical expert presented at the meeting. The CCC noted that the advertiser has provided several test reports, including from Central Electrical Testing Laboratory, a Government of Tamil Nadu testing lab. The reports indicate that the power consumption of the fan is about 35W at full speed. This is compared to about 70-80W consumed by products of several other leading manufacturers, as per technical details provided at websites and validated by in-house tests. The advertiser attributes this to the DC brushless technical design, a new technology in the Indian market for this product class, which gives it a substantial technical advantage. Furthermore, based on the reduction of energy used, and taking certain reasonable figures of electricity cost, number of hours of usage, etc., a table of calculation provided by the advertiser does support the contention of a payback period of less than two years for the extra cost of purchase. Based on this data and in absence of any data contrary to these findings, the CCC concluded that the claims, “Only these fans saves 56% on your power bill”, “You can recover the fan’s cost within 2 years”, were substantiated. The complaint is Not Upheld on Review."

 

COMPANY: "Prettislim Clinic"
PRODUCT:

COMPLAINT:

"“Winner of Best Healthcare Brand 2016 Award” “Our highest number of satisfied clients has made us The No.1 slimming Clinic in Mumbai” “Thousands of satisfied clients who have given us 95% satisfaction ratings”"

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 – Hoarding, website advertisement and considered the Advertiser’s response. Advertiser states that their Clinic has been awarded as the “Best Healthcare Brands 2016 for being a Symbol of Excellence in `Health & Wellness’ category, based on a formal market survey commissioned by ET & MRSS, covering a sample of 9270 persons from 6 Metros and 11 Mini Metros cities of India. Prettislim Clinic has been ranked as No.1 Bariatric clinic in Mumbai after an Extensive All India Lifestyle Hospital & Clinic Survey conducted in collaboration with i3 Research Consultants (i3RC) & Times Health. The advertiser argues that since "" Bariatric"" word is used mostly for Academic & Technical purpose, they have used “Slimming"" word in their Client communication. Prettislim clinic has a Robust Feedback Mechanism for all clients who have an option to directly give feedback in the Industry Software Zenoti through "" Client App"" or ""Instore App installed in Ipad"". As claim support data, the advertiser provided details/references of Best Healthcare Brands 2016, their customer Feedback data of one year and Times Health Survey 2016. The CCC reviewed the data and noted that while the advertiser has provided a “certificate of recognition” for “Best Brands 2016” , it pertains to only the clinic being called out for being a “symbol of excellence in Health and Wellness”. The advertisement does not give reference to this aspect. Furthermore, the advertiser has not provided any supporting evidence such as survey methodology, parameters considered, questionnaires used, names of other similar clinics /institutes that were part of the survey and outcome of the survey. The CCC concluded that the claim, “Winner of Best Healthcare Brand 2016 Award”, was inadequately substantiated and the claim is misleading by omission and ambiguity. For the claim, “No1 slimming Clinic in Mumbai”, the CCC did not agree with the advertiser’s contention that word “slimming” is synonymous to “bariatric”. The two terminologies are very distinct in nature and as a result, the companies promoting their services under the two categories, too, would be different. They would also have a distinct set of services that they would offer to their customers. While the advertiser presented reference of All India Lifestyle Hospitals and Clinic survey 2016 mentioning Prettislim as No.1 Bariatric clinic, its mention as No. 1 slimming clinic was not considered acceptable and was considered to be misleading by ambiguity. As for the claim, “Thousands of satisfied customer who have given us 95% satisfaction ratings”, the CCC noted that the data provided by the advertiser is self certified. In absence of any third party validation, the CCC did not consider this data to be unbiased and reliable. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Hindustan Unilever Ltd"
PRODUCT:"Lifebuoy Immunity Boosting Hand Sanitizer"

COMPLAINT:

"“1. The Impugned Material claims that LHS is an Immunity Boosting Hand Sanitizer which is then qualified with a disclaimer stating that ""Immunity Boosting means boosts skin's self defence against germs with regular use"". Various definition of immunity from dictionary, scientific and medical journals/sources are provided as under for providing basic clarity on the meaning and definition of the term ""Immunity"": As per the oxford dictionary immunity is the ability of an organism to resist a particular infection or toxin by the action of specific antibodies or sensitized white blood cell. As per an online Medical Dictionary ""Condition of being immune; the protection against infectious disease conferred either by the immune response generated by immunization or previous infection or by other non-immunologic factors. It encompasses the capacity to distinguish foreign material from self, and to neutralize, eliminate or metabolize that which is foreign (non-self) by physiologic mechanisms of the immune response"". According to WHO (World Health Organization) - Immunity refers to ""complex, highly regulated, multicellular, physiologic mechanisms designed to accomplish a singular goal: differentiate self from non-self A bare perusal of the various definitions given above makes it clear that immune system is your body's natural defence system. It's an intricate network of cells, tissues, and organs that band together to defend your body against unknown invaders. It is a system which helps the body to recognize and differentiate between self and foreign. Hence, immunity is a much broader and internal phenomenon than solely sanitisation. There are various factors by which Immunity can be boosted for instance, improvement in lifestyle which includes but not limited to balanced diet, proper sleep, mental and physical well-being etc or through vaccination where external ""foreign"" agent is placed into the body to stimulate an immune response. The body which is immunized initiates immune response mechanisms against such foreign material. Whereas, on the other hand antibiotics or hand sanitizer are external foreign agents that fights or kills the infection/ germs through its own action. In case of a sanitizer. a sanitizer merely removes/kills the germs present on the surface where it is applied. It does not create any natural defence mechanism in the body nor do they create any antibodies to defend the foreign material from entering into the body as required for immunity boosting. Therefore, the claim made by HUL is misleading as it falsely and deliberately attempts to establish the tenuous connection between killing transient germs and skin immunity which should not be allowed. It is pertinent to mention that as per scientific studies, skin in any event is the largest organ in the body and It's primary function is to serve as a barrier protecting the internal organs from physical and chemical attack, invasion of pathogens and excessive water loss. As the primary and a natural immunological barrier to the external environment, the skin is rich in immune cells, forming a complex network called the ""skin immune system"" comprising both innate and adaptive immune cells. The skin is colonized by a diverse milieu of microorganisms; reciprocal interactions between the skin microbiota and immune system play a role in determining the nature of immune responses generated in the skin. Therefore, mere topical application of an alcoholic based sanitizer cannot improvise the immune cell existing on the skin and hence immunity boosting which is a life long phenomena is undoubtedly a farce claim made by the advertiser. The advertiser has very conveniently made a bold claim of Immunity boosting which is then qualified with a disclaimer stating 'Immunity Boosting means boosts skin's self defence against germs with regular use' which means that merely by killing germs which are there on the hand i.e. not even on other parts of the body LHS claims to be boosting immunity. In the present case, in effect the disclaimer nullifies the main claim as it clearly admits that it will not create immunity but will kill germs on regular use. Further, RB also examined the ingredient used in the LHS formulation to understand whether the claim in relation immunity is correct or not. As per the back of the pack LHS comprises of Ethyl Alcohol 95% v/v I.P. 62% w/w, Isopropyl Alcohol I.P. 3% W/W, Niacinamide l.P. 1% w/w in perfumed gel base Q.S. to 100% w/w. This means that apart from the alcohol which forms the basis of a sanitizer HUL is using an ingredient Niacanamide in its LHS. However, none of the ingredient will give immunity as claimed by the advertiser. Niacanamide or Naicin are heterocyclic aromatic compounds also known as Vitamin B3. Niacanamide is widely described in scientific literature as having favourable dermatological relevant effect. Some literature shows that a topical application of Niacinamide in a cream or gel form can help reduce dry skin, redness and irritation caused by acne or from taking acne medications. In cosmetics and personal care products, these ingredients function primarily as a hair conditioning agents and skin conditioning agent. However, there is no evidence to show that niacanamide will created any antibodies in the skin to fight diseases and hence will lead to immunity boosting. On the contrary, there are some studies to show that excess use of niacananide or oral intake of nicanamide with alcohol may lead to serious side effects. Therefore, it is utmost important to conduct an extensive clinical studies/trials to understand what should be the recommended dosage of niacamanide. Please note that a dermatological cream or gel may be applied once or twice in a day whereas, a sanitizer will be used multiple times in a day and hence there is a greater level of exposure. It is also important to mention that even medically it is not recommended to continue a drug for an eternity. This makes it utmost important to evaluate clinically what is the level of absorption of niacanamide, if applied topically. Without having a detailed clinical studies on the aforesaid the competitor can clearly not make such tall claims basis an ingredient, if the case may be. In addition to the above RB conducted a Gene Expression Study from an international independent laboratory. Based on the study for expression of immune related genes in reconstructed human epidermal skin, it was found that LHS had no impact on 15 of the genes and has a down-regulating (or negative) impact on one of the 16 genes. This clearly proves beyond any doubt, that LHS does not by any stretch of imagination improves immunity. 2. Claim on TVC and print ad stating that LHS Provides 10 hour germ protection The competitor has made a claim of 10 hour protection from germs by using LHS. It is most respectfully submitted that Lifebuoy's alcohol based sanitizer formula it is not feasible to claim 10 hour protection. Alcohol has an inherent property of evaporating and, therefore, to say that it can give a 10 hour protection is completely absurd and has no bases whatsoever. Even otherwise, a sanitizer provides protection only till the time a user does not touch a contaminated surface. As soon as one touches a contaminated surface the effect of the sanitizer gets terminated. The advertiser in order to further emphasis its claim has also falsely depicted that as soon as the school kid uses LHS there is a steel glove created around its hand which will give it protection from ephemeral germs. Such claim or creative depiction of the advertiser is rather contradicting its own stand. On one hand the advertiser is claiming Immunity Boosting and is recommending to use sanitizer regularly and on the other hand it is claiming 10hr protection from germs which clearly by no stretch of Imagination can be accepted. An internal testing done on LHS on two commonly found organism revealed that there is no residual activity of sanitizer after 1 hour even in controlled lab environment and, therefore, there is no way that a sanitizer can give protection for 10hrs.”"

NATURE OF COMPLAINT:

Recommendation: NOT UPHELD

"The Complainant as well as the Advertiser’s representatives were given a personal hearing with the Technical expert and with ASCI. Advertiser states that the end benefit of germ protection through boosting of skin’s AMPs is their unique technology that has gone into their product. Their data confirms that proof of technology has been provided at every level from gene expression, followed by protein expression and the benefit rendered of germ protection that is clinically proven on human subjects and all of above in external laboratories. As claim support data, the advertiser provided Annexures which carries the peer reviewed article published in the Journal Experimental Dermatology, ASTM Protocol, and comparative evaluation of the data presented by the complainant and the advertiser. The claim support data was reviewed by the technical expert of ASCI. The CCC viewed the print advertisement, TVC, product packaging and considered the Advertiser’s response as well as the opinion of the Technical expert presented at the meeting. The CCC noted that the advertiser has submitted external data for Gene expression (upregulation in presence of product) study, Protein expression study (AMP – boosting effect) as well as clinical evidence on human skin for germ protection up to 10 hours. Whereas the complainant has not submitted any data for Protein expression and the data for efficacy is based on pig skin model – which is ""dead skin"" and cannot elicit any immune response and hence not relevant. Standard procedure checking gene expression from keratocytes has been followed for psoriasin in-vivo and in-vitro in the paper published by the advertiser. The advertiser has done study on one AMP and other two have been studied in-vitro. Advertiser has submitted data which substantiates AMP production for one organism and that will help the healthy skin to fight against that test organism. The advertiser submitted references to substantiate the efficacy of the active ingredient in the product and demonstrated that it boosts AMP production. The test supported the product efficacy for protection against test organism up to 10 hours. Based on assessment of this data, the CCC concluded that in the context of the advertisement specifically calling out “Immunity of hands”, the claims, “immunity boosting hand sanitizer”, and “Fight against germs up to 10 hours”, were substantiated. The CCC reviewed various product compositions, including that of the complainant being marketed which has a combination of Niacinamide and alcohol and did not consider this to be objectionable. The complaint was NOT UPHELD."

 

COMPANY: "Dr. Mehul's The Slimming Clinic"
PRODUCT:"The Slimming Clinic"

COMPLAINT:

"“The advertisement of weight loss upto 6 kgs in one month & fifteen centimetre in one session. Don't mention particular quantity for weight loss in above advertisement.”"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the grievances of the complainant. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date for this complaint. The CCC noted that the advertiser did not provide details of the treatment procedure for weight reduction. In the absence of comments from the Advertiser, the CCC concluded that the claim (in Gujarathi), as translated in English, “Weight loss upto 6 kgs in one month & fifteen centimetre in one session”, was not substantiated with supporting clinical evidence, and with treatment efficacy data, and is misleading by exaggeration. The advertisement contravened Chapters I.1and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"A V Thomas & Co. Ltd"
PRODUCT:"AVT Premium Tea and AVT Premium Select Tea"

COMPLAINT:

“Strongest Tea…..Consistently”.

NATURE OF COMPLAINT:

"“The advertisement materials in relation to the brand AVT Premium Select Tea, viz., the hoardings, promotional materials at retail stores, etc., set out a claim in relation to the tea being advertised, to be the “strongest tea”. Further, television commercials in relation to the brand AVT Premium Tea, being advertised in the regional language (Malayalam), make a similar claim relating to the tea being the “most strong tea....consistently” . Website, http://www.avtcpd.com/products_details.asp?hid=8, claims that AVT Premium Tea is the “Strongest Tea…..Consistently”. These claims have not been substantiated with any scientific evidence/ justification on the said advertisements. No attempt has been made to set out any explanation/ scientific justification or evidence in relation to the claims made. The advertiser may therefore be called upon to provide substantiation in relation to the claim that its tea is the strongest tea among all other brands in the market. The claims also appear to be in violation of the ASCI Code, since, the usage of the superlative degree to describe the strength of the tea, undermine fair competition and attempts to prevent the consumer from making an informed choice.”"

Recommendation: UPHELD

"The advertiser was granted an extension of five days to the standard lead time of seven days to submit their reply in response to their request for extension. The advertiser representatives availed the telecon offered to them with ASCI and submitted their written response. Advertiser states that this brand promise of ""Strongest Tea Consistently"" has been communicated since 1995 in all their collateral and POP, and since 2001 in TV commercials. This tag line has been established over the last 20 years and this is a core property of their brand. The claim is made on the basis of continuous weekly testing and evaluation by the professional Tea Tasters of the company, and as part of their protocol they also get this validated from time to time by external tasters. The advertiser provided copies of their earlier advertisements wherein they have been using this / similar tagline. The CCC reviewed the advertisement and the advertiser’s response. The CCC noted that while the advertiser makes assertions of their sensory / expert evaluation that ensures that their product is the strongest tea consistently among the benchmark competing brands, they did not submit any test report either their own or done by independent panel. The nature of the claim is such that it can not be considered as a tag-line in isolation. The CCC concluded that the claim “Strongest Tea consistently” is a superlative claim which was not substantiated with supporting comparative data versus other tea brands. Also, the claim is misleading by exaggeration and implication that other tea brands are inferior to the advertised product. The Ad hoardings and the TVC contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"InterGlobe Aviation Limited"
PRODUCT:"IndiGo Airlines"

COMPLAINT:

“IndiGo has the lowest number of customer complaints across all major airlines*.”

NATURE OF COMPLAINT:

"Frequent flier smiles Advertisement was released in Times of India newspaper by Indigo Airlines on 19th February 2017. It highlights number of customer complaints per 10000 passengers, for most airlines in the Indian aviation industry. The information shown in the advertisement is misrepresented and misleading. As per DGCA report, Vistara had the least consumer complaints per 10000 passengers in the month of January'17. In the advertisement, Indigo has not mentioned the same and at the same time it has shown itself as the best airline as per DGCA report. Any such customer centric claim should represent all facts completely irrespective of market share. Herein, by not highlighting Vistara as the best airline, Indigo has incorrectly highlighted itself as the number 1 airline in terms of customer complaints, mentioning the source as DGCA."

Recommendation: NOT UPHELD

"The CCC viewed the print advertisement and considered the advertiser’s response. Advertiser states that the entire thrust of the advertisement is a comparison between airlines with more than 4% market share, which is based completely on the DGCA Report. As claim support data, the advertiser provided relevant extracts of the DGCA Report and market share of schedules domestic airlines (year 2017). The CCC reviewed the data and concluded that the claim, “IndiGo has the lowest number of customer complaints across all major airlines*”, is not misleading as it is qualified by a disclaimer to mention the basis of comparison. The complaint was NOT UPHELD."

 

COMPANY:"Relaxo Footwears Ltd"
PRODUCT:"Relaxo Sparx Shoes"

COMPLAINT:

“India's Most Trusted Brand”

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 award has been given to them by an Independent Agency, TRA based on series of surveys & analytical studies. ASCI further requested the advertiser to provide the details of the process of how the selection for award was done i.e. survey methodology, parameters considered, questionnaires used, names of other similar applicants that were part of the survey and the outcome. In response to this query, the advertiser responded stating that an award is a way of bestowing an honour and showing a mark of respect which is given to any person or corporate and is never questioned by the receiver on the criteria or methodology of selecting it as an awardee and hence they are not in a position to question the authenticity of the selection process. The CCC noted that the Advertiser did not provide a copy of the award certificate and did not furnish explanation regarding the details of survey data. The CCC noted that the claim “India’s most trusted brand in footwear category – Brand Trust Report 2016” was likely to be understood by consumers as a comparison about the advertiser’s product with their competitor brands. In addition, the CCC considered that a claim of this nature is likely to be seen as a reflection of consumer opinion of the product offered by the advertiser, and therefore the claim would need to be supported by documentary evidence in the form of a customer survey which set out the reasons why they trusted Relaxo footwear over their competitors. The CCC concluded that in the absence of survey methodology, questionnaires used, names of other similar footwear that were part of the survey and their outcome, the claim was inadequately substantiated and is misleading. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Rural Research and Development Agency"
PRODUCT:"Sri Annai Nursing College"

COMPLAINT:

“100% Job Placement and Certificate from University”

NATURE OF COMPLAINT:

Recommendation: UPHELD

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

 

COMPANY:"Patel Group of Institutions"
PRODUCT:

COMPLAINT:

“Awarded for Best infrastructure, Best Faculty, Best Results & Best Placements”

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objection raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date for this complaint. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claim, “Awarded for Best infrastructure, Best Faculty, Best Results & Best Placements”, was not substantiated with details of the awards, parameters used for assessment and other similar institute that it was compared against, references of the award received such as the year, source and category. Also the claim is misleading by exaggeration. The advertisement contravened Guidelines for Advertising of Educational Institutions and Programs as well as Chapters I.1, I.2 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Frankfinn Aviation Services Pvt. Ltd."
PRODUCT:"Frankfinn Institute of Air Hostess Training"

COMPLAINT:

"1. The World's No.1 2. Gold Award Winner - 2016 for 'Best Higher Vocational Institute for Skill Development' - Awarded 'Best Air Hostess Training Institute Award' every year from 2011 to 2016 - Limca Book of Records certified Frankfinn for best cabin crew placements year after year 3. World's no.1 air hostess training institute"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objections raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date for this complaint. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that - Claim, “The World's No.1”, was not substantiated with authentic supporting proof, and is misleading by exaggeration. Claim “World's no.1 air hostess training institute”, was not substantiated with any verifiable comparative data versus other similar institutes in the same category or any third party validation or research, and is misleading by exaggeration. Claims, “Gold Award Winner - 2016 for 'Best Higher Vocational Institute for Skill Development' - Awarded 'Best Air Hostess Training Institute Award' every year from 2011 to 2016”, and “Limca Book of Records certified Frankfinn for best cabin crew placements year after year”, were not substantiated with copy of the award certificates, details, references of the awards received such as the year, source and category. Also, the claims are misleading by omission of disclaimers to qualify these claims. The advertisement contravened Chapters I.1, I.2 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Jupiter"
PRODUCT:

COMPLAINT:

""1. Jupiter - The Only Institute in Patna with Experts in Every Subject 2. Upto 100% Scholarship.""

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objections raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date for this complaint. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claim, “The Only Institute in Patna with Experts in Every Subject”, was not substantiated with any verifiable comparative data versus other similar institutes in the same category or any third party validation or research to prove this claim, and is misleading. Claim, “Get Upto 100% Scholarship”, was not substantiated with authentic supporting data such as evidence of 100% scholarships availed by any of their students. Also, the claim is misleading by exaggeration and ambiguity regarding the total number of scholarships being offered. 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: "Nehru College of Education and Charitable Trust"
PRODUCT:"Nehru Group of Institutions"

COMPLAINT:

“100% Placement of eligible students”

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objection raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date for this complaint. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claim, “100% Placement of eligible students”, was not substantiated with authentic supporting data such as detailed list of students who have been placed through their Institute, their enrolment forms and appointment letters received by the students, nor any independent audit or verification certificate. The claim is misleading by ambiguity and implication as the advertiser has put a criteria of “eligibility” yet made a claim of “100%”. 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: "PV Media Ventures Private Limited"
PRODUCT:"Roc Talent Junction"

COMPLAINT:

“100% Placement.”

NATURE OF COMPLAINT:

Recommendation: UPHELD

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

 

COMPANY: "Hindustan Air Academy"
PRODUCT:

COMPLAINT:

“100% job”

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objection raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date for this complaint. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claim, “100% Job”, was not substantiated with verifiable supporting data such as detailed list of students who have been placed through their Institute contact details of students for independent verification, enrolment forms and appointment letters received by the students. The claim is misleading by implication that the institute is providing permanent jobs. The advertisement contravened Guidelines for Advertising of Educational Institutions and Programs as well as Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY: "Slim Trim Point "
PRODUCT:

COMPLAINT:

"Looks Unbelievable but its true. - 5 Kgs + 20-25 cms in 6 Hrs. - 10 Kgs + 35-40 cms in 12 Hrs. - 20 Kgs + 55-60 cms in 24 Hrs."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objections raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date for this complaint. The CCC noted that the advertiser did not provide details of the treatment procedure for achieving slimming benefits. In the absence of comments from the Advertiser, the CCC concluded that the claims, “5 Kgs + 20-25 cms in 6 Hrs”, “10 Kgs + 35-40 cms in 12 Hrs”, “20 Kgs + 55-60 cms in 24 Hrs”, were not substantiated with supporting clinical evidence, and with treatment efficacy data, and are misleading by exaggeration. The advertisement contravened Chapters I.1and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY: "Dr. Bhavana Shah’s Fitness Care Pvt. Ltd."
PRODUCT:"Dr. Bhavana Shah’s Fitness Highway"

COMPLAINT:

"1. Wow, Amazing & Fantastic Results with Signature FAT FREEZEE Crylipolysis 2. Spot Reduction 3. Lose upto 8cms to 10cms in Fat Freeze*, Lose upto 1/2 kg to 1 kg in Fat Freeze* The Visual in the ad appears to be misleading as ad is for fat tummy whereas, visual is of slim tummy."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the grievances of the complainant. The advertiser requested for an informal resolution of the complaint by assuring to modify the advertisement visual. The advertiser was further provided with an opportunity to discuss their submission via telecom. Advertiser states that the claim of "Lose upto 10 Kg" is an honest and transparent claim, and does not mislead the customer. The advertiser did not complete the formalities for Informal Resolution. Therefore, the complaint was processed for CCC deliberations. The CCC viewed the advertisement and considered the advertiser’s response. The CCC noted that the advertiser did not provide details of the treatment procedure for weight loss and spot reduction. In the absence of claim support data, the CCC concluded that the claims, “Fantastic Results with Signature FAT FREEZEE Crylipolysis”, “Spot Reduction”, and “Lose upto 8cms to 10cms in Fat Freeze*, Lose upto 1/2 kg to 1 kg in Fat Freeze*”, were not substantiated with supporting clinical evidence, and with treatment efficacy data, and are misleading by exaggeration. The visual of a slim waistline in the advertisement was considered to be misleading by implication. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY: "Zee Laboratories Limited"
PRODUCT:"Zee Myfair Cream"

COMPLAINT:

"1. President Award Winner 2. India's Most Favourite"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objections raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date for this complaint. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claim, “President Award Winner”, was not substantiated with details of the award and references of the award received such as the year, source and category. The claim, “India's Most Favourite”, was not substantiated with any verifiable comparative data versus other similar fairness creams in the same category or any third party validation or research to prove this claim. Also, the claims are misleading by exaggeration. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"GEHM Clinic and Research Center"
PRODUCT:"Fit Forte Tablets"

COMPLAINT:

"To reduce body weight. Visual in the ad appears to be misleading; implying significant weight loss"

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objections raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date for this complaint. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claim, “Fit Forte Tablets ‐ To reduce body weight”, was not substantiated with evidence of product efficacy, and is misleading. Visual shown in the advertisement implies significant weight loss, which is misleading by implication. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"NILAYA’S ICATS Institute of Commerce"
PRODUCT:

COMPLAINT:

"1. 100% Placement in Commerce. 2. 100% job guarantee on stamp paper."

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 they provide enough opportunities of Job so that every student who has passed and studied reasonably well will get a sure shot job, and hence to provide job opportunities till every eligible student gets a job is 100% their responsibility. They also provide placement support to every eligible student till he/she gets a job. As claim support data, the advertiser provided a copy of Job Guarantee Letter / Agreement. The CCC noted that the advertiser makes assertions about providing 100% placement and job guarantee on stamp paper, however has not submitted any data. The CCC concluded that the claims, “100% Placement in Commerce” and “100% job guarantee on stamp paper”, were not substantiated with supporting evidence such as detailed list of students who have been placed through their Institute, contact details of students for verification, enrolment forms and appointment letters received by the students, nor any independent audit or verification certificate, and are misleading by exaggeration. The advertisement contravened Guidelines for Advertising of Educational Institutions and Programs as well as Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Angels Advanced Clinic Private Limited"
PRODUCT:"Angels Advanced Clinic"

COMPLAINT:

"1. Want to Improve Entire Body Colour Complexion? ‐ First time in India, Angels introduced, Proven World Class GSH Technology. Make your dream of improving Entire Body Colour come true. 2. For Dense Hair Stem Cell Therapy ‐ Angels STEMCELL Therapy which is a Universal Technology controls Hair fall, not only prevents Bald Head but also brings new hair growth for hair thinning and semi bald head. Before and After visuals in the ad appears to be misleading."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objections raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date for this complaint. The CCC viewed the advertisement. The CCC noted that the advertiser did not provide any details of the World Class GSH Technology, Angels STEMCELL Therapy, and Silicon System. In the absence of comments from the Advertiser, the CCC concluded that the claims, “Want to Improve Entire Body Colour Complexion? ‐ First time in India, Angels introduced, Proven World Class GSH Technology. Make your dream of improving Entire Body Colour come true”, “For Dense Hair Stem Cell Therapy ‐ Angels STEMCELL Therapy which is a Universal Technology controls Hair fall, not only prevents Bald Head but also brings new hair growth for hair thinning and semi bald head”, were not substantiated with clinical evidence and with treatment efficacy data, and are misleading by gross exaggeration. The efficacy being depicted via images of before and after the treatment are misleading by gross exaggeration. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY: "High Hopes"
PRODUCT:

COMPLAINT:

"1. No Exercise ‐ No Gym 2. Reduce weight upto 10 kg in 3 month through scientific Method The before and after visuals in the ad appears to be misleading."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objections raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date for this complaint. The CCC noted that the advertiser did not provide details of the treatment procedure for weight reduction. In the absence of comments from the Advertiser, the CCC concluded that the claims (in Gujarathi), as translated in English, “No Exercise ‐ No Gym”, and “Reduce weight upto 10 kg in 3 month through scientific Method”, were not substantiated with supporting clinical evidence, and with treatment efficacy data, and are misleading by exaggeration. The efficacy being depicted via images of before and after the treatment are misleading by gross exaggeration. The advertisement contravened Chapters I.1and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY: "Dr. Mohan’s Diabetes Specialities Centre"
PRODUCT:

COMPLAINT:

“India's No:1 Diabetic centre”

NATURE OF COMPLAINT:

 

Recommendation: NOT UPHELD

"The CCC viewed the print advertisement and considered the Advertiser’s response. Advertiser states that they have been ranked No.1 in India and also in South India in a Nationwide 'All India Hospital & Clinics Ranking Survey' conducted by i3rc during 2015. As claim support data, the advertiser provided a copy of All India Lifestyle Hospital and Clinic Ranking Survey 2015 - Methodology. The CCC reviewed the data and noted that the Advertiser has been ranked No.1 in Diabetology – National Ranking, Regional Rankings – South, and Chennai Rankings – Hospitals. The CCC concluded that the claim, “India's No.1 Diabetic Centre”, was substantiated. The complaint was NOT UPHELD."

 

COMPANY: "Eye-Q Vision Pvt. Ltd."
PRODUCT:"Eye Q"

COMPLAINT:

“Most Trusted Brand”

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 claim made is on the basis of the endorsement by the WCRC Leaders ASIA magazine. As claim support data, the advertiser provided Logo Usage Guidelines for Most Trusted Brand Top 50 in Healthcare, and copy of certificate given by WCRC Leaders Asia. The award certificate shows that the award was granted to the advertiser in the category of `Super Speciality’, which was not clearly called out in the advertisement and the source of the award was also not mentioned. While the advertiser provided reference to the certificate, the Advertiser did not provide the details of the process of how the selection for award was done i.e. survey methodology, details of survey data, criteria used for evaluation, questionnaires used, names of other similar applicants that were part of the survey and the outcome. The CCC noted that the claim was likely to be understood by consumers as a comparison of the advertiser’s clinic to that of their competitors. In addition, the CCC considered a claim of this nature was likely to be seen as a reflection of consumer opinion of the services offered by the advertiser and therefore the claim would need to be supported by documentary evidence. In the absence of such details, the CCC concluded that the claim was inadequately substantiated. The claim is not qualified to mention the source and date of research and is misleading by omission of the mention of the sub-category for the award. The advertisement contravened Chapters I.1, I.2 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY: "Lifezen Healthcare Pvt Ltd."
PRODUCT:"Eye Spa"

COMPLAINT:

"“Better QUALITY ‐ Better RELIEF ‐ Better PRICE” The product claims to be better; better than what is not mentioned."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objections raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date for this complaint. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claim, “Better QUALITY ‐ Better RELIEF ‐ Better PRICE”, was not substantiated with verifiable comparative data versus other similar products in the same category, and are misleading by exaggeration and implication that other eye drops products are inferior to the advertised product. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY: "Shahjadi Pharmaceutical Private Limited"
PRODUCT:"Ab Love Day"

COMPLAINT:

"1. Ab Love Day- Trusted, Effective and Convenient 2. 2 tablets keeps you from getting pregnant for six months. 3. Freedom from regular intake of tablets 4. Safe, Effective and Easy way to keep age gap between children"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The advertiser was granted an extension of six days to the standard lead time of seven days to submit their reply in response to their request for extension. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek a personal hearing and submitted their written response post the extended due date. As claim support data, the advertiser provided copy of license, list of ingredients of the product, customer testimonials, ayurvedic literature references with regard to medicinal practice of the product from ancient books, and copy of test report. The claim support data was reviewed by the technical expert of ASCI. The CCC viewed the print advertisement and considered the Advertiser’s response as well as the opinion of the Technical expert presented at the meeting. The CCC noted that while the product is an Ayurvedic proprietory medicine, there is no justification regarding product composition, specific combination of ingredients and their quantity. There is no scientific evidence to prove efficacy or safety of the product. The CCC concluded that the claims, “Ab Love Day- Trusted, Effective and Convenient”, “2 tablets keeps you from getting pregnant for six months”, “Freedom from regular intake of tablets”, and “Safe, Effective and Easy way to keep age gap between children”, were not substantiated with clinical evidence, and are misleading by gross exaggeration. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY: "Ranchhoddas Bhaichand - Rentio Foods P Ltd"
PRODUCT:"Deshi Oiled Toordal"

COMPLAINT:

"1. natural protein 2. Full of natural protein 3. Contains minerals 4. Cholesterol free."

NATURE OF COMPLAINT:

"“Our objections: 1. Toordal is known to have protein in it. Does Rentio Toordal have additional protein than the general product? 2. All toordals have natural proteins, minerals and cholesterol free. How is Rentio Toordal different from other brands in the market? 3. Claims 1-4 need to be substantiated with independent data Action to be taken: We propose that the advertisement should be immediately withdrawn. Action we propose? Advt should be immediately withdrawn”"

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. As claim support data, the advertiser provided copy of CFTRI Mysore Test Report and Copy of report on Pigeon Peas. The claim support data was reviewed by the technical expert of ASCI. The CCC viewed the print advertisement and considered the Advertiser’s response as well as the opinion of the Technical expert presented at the meeting. The CCC noted that the advertiser has not claimed in the advertisement that their Toor Dal is different from other Toor Dal available in the market, nor are they claiming that Rentio Toor Dal is enriched with more proteins as compared to other Toor dals available in the market. Advertiser has just highlighted their Toor dal as a rich source of protein. The CSIR test report submitted by the advertiser confirms that their Toor dal has natural proteins, minerals and is cholesterol free. Based on this data, the CCC concluded that the claims, Rentio Toordal “Contains natural protein”, “full of natural protein”, “contains minerals and free of cholesterol”, were substantiated. The complaint was NOT UPHELD."

 

COMPANY:"Trophic Wellness Pvt. Ltd.-"
PRODUCT:"Nutricharge"

COMPLAINT:

"“Today's Chennai edition of Times of India has a two page advertisement of a product named NUTRICHARGE. It has endorsements from big celebrity stars also. First of all, the product is positioned to give the impression that it is a medical or clinically approved product. There are no certifications from FSSAI/FDA etc disclosed. Product contents are not known in detail. Going to the website, we see that the company's owners/executives, locations, manufacture plant etc are not given. If it is there I stand corrected. There is also an endorsement by a gentleman who is the managing director of a pharmaceutical company named IPCA Laboratories. To the best of my knowledge, the company is known for its anti-malarial product. And is that company connected to one of the celebrities endorsing the product? I would be grateful if you could clarify my doubts. 1. This is not a proven product medically. Positioned as a medical one (yes there is fine print) with endorsement by celebrities. 2. This product has been in existence for a few years. And so much goodness? 3. Mr Bachhan / Mr Godha are associated probably as part owners of IPCA which is supposed to own Trophic Health, which owns Nutricharge. So, is there not an ethical obligation on part of them to disclose to the public? Public might think that there is independent endorsement” 4. The website does not disclose company owners etc. When even a Patanjali biscuit has an FSSAI tag, how can a breakfast supplement be without any FSSAI approval or FDA approval? Just giving a disclaimer does not absolve”"

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The Advertiser was provided an opportunity to discuss their submission via telecom. 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 in all their advertisements they have clearly mentioned “Nutricharge products are health supplements and not for medicinal use”. They have not positioned the product as a medical one. They source their ingredients from best sources around the world and their key products have been clinically proved. As claim support data, the advertiser provided license copies of some of their manufacturers, and copy of product packaging of Nutricharge Man – daily Health Supplement. The CCC noted that the advertisement depicts a large range of products and the advertiser has not furnished any details regarding the products depicted in the advertisement, their composition and any efficacy data pertaining to product benefits being claimed in the advertisement. The advertiser only makes assertions about the source of their ingredients and clinical studies but has not submitted relevant data in support of their claims. The CCC concluded that the claims, “Clinical Trials prove Nutricharge efficacy and safety”, “Nutricharge products are health supplements “ were not substantiated and are misleading. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY: "Kudos Laboratories India Limited"
PRODUCT:"Kudos V1 Capsule and Jointment"

COMPLAINT:

"1) If you want to say goodbye for joint pain then now accept V1(14:47) 2) Complete treatment for joint pain (00:53) 3)The visual in the advertisement (2:08 and 17:03 -For Rheumatoid Arthritis V1) implies that the product is meant for treatment / cure of Rheumatism"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Rheumatism Item no-43- DMR Act"

 

COMPANY:"Chemical Resources"
PRODUCT:"GCB 70"

COMPLAINT:

"1. Better Body, Better Life 2. Burn both sugar and fat & slow the release of sugar into blood stream 3. Preserve natural antioxidants in the body 4. Decrease waist circumference & BMI 5. Clinically Evaluated 6. GCB 70 supports healthy metabolism"

NATURE OF COMPLAINT:

"“I enclose herewith an Ad of GCB 70, a product which support healthy metabolism, published in Times Life, a supplement of The Times of India, Mumbai, dt.18/12/2016. “My objections are as follows: 1) The AD mentions Better body, Better Life GCB 70 supports healthy metabolism. It helps to 1) Burn both sugar and fat and slow release of sugar into blood stream. 2) Preserve natural anti-oxidants in the body. 3) Decrease waist circumference and BMI. The product is available in a pack of 30 capsules. 2) The Ad also mentions clinically evaluated, but provides no details of test results or any reference from where details can be obtained. The details given about the product use clearly indicate that it has therapeutic use, but the Ad mentions Not for medicinal use. This is misguiding the consumers which amounts to cheating. Kindly look into the above objections, call for the companys reply, and then decide on my complaint. Kindly keep me informed”"

Recommendation: UPHELD

"The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek a personal hearing and submitted their written response. The Advertiser states that a clinical study on 100 subjects has already been submitted with FSSAI and this clinical data is available in public domain. As this response was not exhaustive and inadequate as claim support data, ASCI further requested the advertiser to submit relevant product efficacy data specific for each of the claims made. Subsequently, the advertiser provided a copy of antioxidant activity study report of GCB-70, Evaluation report of mutagenic potential, and Clinical study report of GCB-70 on 100 subjects. The claim support data was reviewed by the technical expert of ASCI. The CCC viewed the print advertisement and considered the Advertiser’s response as well as the opinion of the Technical expert presented at the meeting. The CCC noted that the product GCB-70, which is a Green Coffee Bean Extract concentrate, is available in a pack of 30 capsules registered under FSSAI as a food product. The Clinical study conducted in tested on on 100 “Obese” subjects and is an open label, single armed, single centre study. It is not a blind trial with comparable placebo to factor in other variables such as concomitant medicines, diet and lifestyle patterns of volunteers etc. The data is not adequate to make various efficacy claims and a generic claim of ""Clinically Evaluated” . The claims “Clinically evaluated”, Burn both sugar and fat and slow release of sugar into blood stream” implying therapeutic use, but the advertisement mentioning “Not for medicinal use”, is misleading by ambiguity. The CCC noted that the anti-oxidant effect of the product is tested “in vitro” and extrapolation of such antioxidant benefits in in-vivo situation is not conclusively proven. The CCC concluded that the claims, “Better Body, Better Life”, “Burn both sugar and fat & slow the release of sugar into blood stream”, “Preserve natural antioxidants in the body”, “Decrease waist circumference & BMI”, “Clinically Evaluated”, and “GCB 70 supports healthy metabolism”, were inadequately substantiated. Also, the claims are misleading by ambiguity and implication. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY: "Bharti AXA Life Insurance Co. Ltd"
PRODUCT:

COMPLAINT:

"“This is to bring to your notice that Bharti AXA has used “Insurance se badhkar” as a tagline in their 2017 communication. This is similar to our Client Edelweiss Tokio Life’s proposition of “Insurance se badhkar- aapki zaroorat” since 2012. As per ASCI clause 4.3, we request your guidance to lodge a complaint of plagiarism against Bharti AXA. Sharing below links to the Edelweiss Tokio Life ads (2012, 2016 ) and the recent Bharti AXA Life ad (2017). Edelweiss Tokio Life, 2012 https://youtu.be/gaiBFnzviic?t=2 https://youtu.be/WtJFEbMIH5M Edelweiss Tokio Life, 2016 https://youtu.be/hllCwsEHNtM Bharti AXA Life, 2017 https://youtu.be/v33CMGhPotk”"

NATURE OF COMPLAINT:

 

Recommendation: NOT UPHELD

"The advertiser representatives were given personal hearing by ASCI. In order to establish the prior usage claim, the Complainant provided a copy of the earlier Ad campaigns of 2012, wherein the phrase, “Insurance se badhkar hai Aapki Zaroorat” was used as a tagline. The CCC viewed the Complainant’s TVCs of 2012 and 2016, the Advertiser’s TVC complained against, and considered the Advertiser’s response. The Advertiser states that the tag line for Bharti AXA is ‘Suraksha ka naya nazariya’, as seen in the current commercial. `Insurance se badhkar’ is not a tagline but only a communication hook for Bharti AXA Life. In Edelweiss Tokio Life TVC, the slogan connotes the idea that a customer’s need is more important than insurance, whereas in the Bharti AXA Life Insurance TVC, ‘Insurance se badhkar’ connotes that Bharti AXA goes beyond providing insurance for its customers with its new service offerings – Grief Support Program. The CCC noted that the phrase “Insurance se badhkar” is generic, and the context of use of this generic phrase in the two TVCs are entirely different. The Complainant has used the phrase “Insurance se badhkar hai Aapki Zaroorat”, as a tagline, whereas the Advertiser has used the phrase “Insurance se badhkar” in a voice over of the longer version of the TVC. The shorter version of the TVC does not have this mention. The CCC concluded that the Advertiser’s TVC was not similar to the Complainant’s earlier run advertisements in general layout, copy, slogans, visual presentations, so as to suggest plagiarism. The complaint was NOT UPHELD."

 

COMPANY: "TV 18 Broadcast Ltd"
PRODUCT:"CNN News 18"

COMPLAINT:

"Website claim - “No.1 on Union Budget day” TV Promo claim – “No. 1 on Budget Day”, “No.1 Top Choice on Budget Day”"

NATURE OF COMPLAINT:

"Website Ad “CNN News18 claiming they are No.1 on Budget day amongst 6 English News channels as per BARC India, TG: NCCS Males 15+, 6 Megacities, 1st Feb'17, (24 hrs). As per BARC guidelines Budget is not an special event, hence mailer for only one day is breach of BARC guidelines. Also they have not mentioned two out of 6 channels” TV Promo “CNN News18 claims they are No.1 on Budget day as per BARC India, NCCS males 15+, Megacities, 1st Feb (24 hrs). As per BARC guidelines channels cannot promote 1 day until and unless it is special event. Here Budget is not a special even and it is yearly big news, hence CNN News18 have misrepresented the data.”"

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. Advertiser states that the advertisement issued claiming leadership position are backed by data provided by BARC. The Single Event Guidelines reveals that Single Event covers major news and does not specify the frequency with which such major news must occur. They have only used the BARC data in accordance with the Single Event Guidelines. As claim support data, the advertiser provided data provided by BARC for the relevant week. The claim support data was reviewed by the technical expert of ASCI. The CCC viewed the TV promo, website advertisement and considered the Advertiser’s response as well as the opinion of the Technical expert presented at the meeting. The CCC noted that Union Budget is an annual, highly anticipated event that is extensively covered by all news media. It fits in squarely with the definition in the BARC Guidelines quoted by the advertiser “major news, sports, movie or other single TV station program event that occurs on one or over a period of several days”. The advertiser has used BARC Data NCCS Males 15+, 6 Megacities, 1st Feb'17, (24 hrs), in relation to the 'Budget Day' (1st February 2017) (being a Single Event). The CCC did not consider this to be in violation of the BARC Guidelines as the leadership was arrived at on the basis of reach as well as impressions numbers. Based on the above, the CCC concluded that the Website claim, “No.1 on Union Budget day”, TV Promo claims, “No. 1 on Budget Day”, and “No.1 Top Choice on Budget Day”, were not objectionable. The complaint was NOT UPHELD."

 

COMPANY: "Yashna Enterprises"
PRODUCT:"No Blu Glasses"

COMPLAINT:

“Get 5X Sharper Visual Detail and 10X Reduced Eye Strain!”

NATURE OF COMPLAINT:

"“they claim 5x sharper visual detail and 10x reduced eye strain while using their glasses to look at the computer screen. there is no supporting study or proof that spectacles from no blu increases visual clarity by 5x and eye strain by 10x”"

Recommendation: UPHELD

"The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek a personal hearing and submitted their written response. Advertiser states that Clinical analysis by optical companies like Zeiss & research by eminent scientists from various universities around the world have proven that blue blocking lenses actually work and help fight eye strain. Advertiser’s response made references to various researches regarding the benefits of Blue Light Blocking Technology that has been used in this product. As claim support data, the advertiser provided a copy of Lens Performance Technical Report. The claim support data was reviewed by the technical expert of ASCI. The CCC viewed the website and facebook advertisement and considered the Advertiser’s response as well as the opinion of the Technical expert presented at the meeting. The CCC noted that UV light is harmful to the eye but the possibility of such light being emitted from computer (and phone/tablet) screens is extremely small because they use white-light LEDs, whereas special, expensive UV-LEDs are needed for generating UV light. UV-LEDs are only used in special technical applications and not in computer/phone/tablet screen. Thus the matter of UV light does not come up in this case. The scientific findings suggest that selectively attenuating (but not completely removing) the hazardous portion of the blue spectrum (wavelengths from 415 nm to 455 nm) may provide protection for the retina from photodamage without significantly affecting the useful and physiologically necessary wavelength range of around 450–470 nm. But its vision and health benefits like sharper visual detail or reduced eye strain have not been measured, correlated or quantified in the published literature, or even implied. As per the test report provided, the product advertised here blocks all light (T<1%) less than 450nm. Therefore, it does not satisfy a criteria stated of the need for selectively attenuating (but not completely removing) the hazardous portion of the blue spectrum (wavelengths from 415 nm to 455 nm). However, based on the literature, some benefits of preventing photo-receptor damage might indeed accrue from use of this product. But its health benefits like sharper visual detail or reduced eye strain have not been measured, correlated or quantified neither in the literature nor by the advertiser. The claims made are the purported qualitative health claims which are unsubstantiated as no evidence of strain or sharper vision quantification or reduction has been provided by the advertiser. The CCC concluded that the claim, “Get 5X Sharper Visual Detail and 10X Reduced Eye Strain!”, was not substantiated and is misleading by gross exaggeration. The website and facebook advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Jasper Infotech Pvt Ltd"
PRODUCT:"Snapdeal- Amway Persona 100% Pure Coconut Oil"

COMPLAINT:

“Amway Persona 100% Pure 400 gm Rs.239 61% OFF”

NATURE OF COMPLAINT:

"61% off on product Amway persona coconut oil. Quoting MRP 619. But actual MRP of product is 200 rupees. And according to advertisement they are liable to provide 62 percent off . https://m.snapdeal.com/product/amway-persona-100-pure-400/667407307716 According to given advertisement they are giving 61% off on product Amway persona coconut oil.Quoting MRP 619. But when we purchased product its MRP is 200 rupees .And according to add they are liable to provide 62 percent off .But they just luring customer with hiking MRP and selling the product at higher rates.This is cheating. Please find the attached screen shots .See the actual difference between Actual MRP printed on product and what they are quoting on website .They are selling this product more than MRP and attracting customer by quoting wrong MRP and saying 61% off . I have bought this product .I am sending you pictures of that product also. Actual MRP 190 they should be giving 61% on this actual MRP which is printed on product."tomers with wrong advertisement and wrong information and wasting my time. Please take action and make this available for the said price."

Recommendation: UPHELD

"The ASCI approached Amway India Enterprises and Jasper Infotech, for their responses in addressing the grievances of the complainant, received against the advertising of Amway product on the website of Snapdeal. Amway was granted an extension of three days to the standard lead time of seven days to submit their reply in response to their request for extension of a week’s time. Amway representatives were also given personal hearing by ASCI, and subsequently they submitted their written response. Jasper Infotech’s representatives did not seek a personal hearing and submitted their written response. The CCC viewed the website advertisement and considered the responses received from Amway and Snapdeal. Amway states that they do not have the SKU called Amway Persona 100 Pure 400 gm as was annexed with the complaint. The MRP of the product Amway Persona 100 Pure Coconut Oil 500 ml is Rs 190 /- (Inc1.of all taxes) and showing an SKU which is not connected to Amway is intended to mislead the gullible consumers by Jasper Infotech. Amway further states that the act of unauthorised display and advertising of Amway Products is very likely with the intent to mislead the consumers by making them believe the goods sold through http://www.snapdeal.com emanate from Amway and has the seal and approval from Amway which is incorrect and illegal. Jasper Infotech states that they only act as an intermediary through its web interface www.snapdeal.com and provide a medium to various sellers all over India to offer for sale and sell their product(s) to the general public at large. These sellers are separate entity being controlled and managed by different persons/stakeholders. They further stated that if the buyer is able to share details of the seller by whom that product was purchased, they would be in a better position to take action. Complainant provided evidence of the actual MRP of the product 500 ml (457.5 g) being Rs.190/- at which it is sold. Based on the evidence provided by the complainant, and by Amway, the CCC concluded that the website communication claiming the MRP of the product Amway Persona 100% pure 400 gm as Rs.619, and offering at the discounted price of Rs.239 (61% off), is false, distorts facts and is misleading the consumers as to actual product and discount being offered. The Website communication contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"GBR Clinic ‐ Fertility Centre"
PRODUCT:

COMPLAINT:

"Being the No.1 Fertility Clinic in Chennai & Tamil Nadu, we have been providing very high success rate consistently every month."

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 centre has been ranked as the No.1 IVF & Fertility Centre in Chennai, No. 4 at south India, and No. 10 at All India Level for the year 2016 in the best hospital survey conducted by i3 Research Consultants as part of OMS initiative, which is the basis for the claim made. As claim support data, the advertiser provided copies of clinic registrations and accreditations, copies of achievements and laurels. The CCC reviewed the data and noted that the Advertiser has been ranked No.1 in City Rankings – Chennai. However, the advertiser connects this ranking to their success rate i.e. “Being the No.1 Fertility Clinic in Chennai & Tamil Nadu, we have been providing very high success rate consistently every month”. The CCC noted that the advertiser has not provided any authentic, independent, verifiable comparative data versus other similar clinics in the same category or any third party validation or research to prove this claim, and the claim is misleading by exaggeration and implication that they would cure infertility. This is in Breach of the law as it violated The Drugs & Magic Remedies Act (item 48 under the DMR schedule). The advertisement contravened Chapters I.1, I.4 and III.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Shree Baidyanath Ayurved Bhawan Pvt"
PRODUCT:"Baidyanath Arjunamrita"

COMPLAINT:

"1. As Arjunamrut is enriched with herbs like Naagkeshar and Lotus Flower it is more beneficial. 2. More Effective than Ordinary Arjunarishta."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objections raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date for this complaint. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claims, “As Arjunamrut is enriched with herbs like Naagkeshar and Lotus Flower it is more beneficial”, and “More Effective than Ordinary Arjunarishta”, were not substantiated with product efficacy data, and are misleading by exaggeration. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Vaidya Revati Prasad"
PRODUCT:"112 salki burhia ki ghuti"

COMPLAINT:

"1. 112 SALKI BURHIA KI GHUTI 2. Prepared from Vaidh Revati Prasad's Ancient and Famous 28 herbs one and only. 3. Enriched with calcium & iron. 4. Makes children healthy & strong."

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 stating that in their approved formulae, 28 herbs are used in manufacturing process of 112 Sal ki burhia ki ghuti. Herbs used in manufacturing process are natural good source of Iron and Calcium. The product is approved formulae for various health problems in children. As claim support data, the advertiser submitted product approval copy and copy of product packaging. As this response did not appear to be exhaustive and adequate, ASCI further requested the advertiser to provide copy of updated/current product approval license as the license provided dates back to 4.12.1979, and data to substantiate the claims objected to in the advertisement. Subsequently, the advertiser provided the renewal applied and the last renewal of their mfg licence.112 Sal Ki Burhia Ki Ghuti which is the name of the product only as can be seen on the formula approved by the licencing deptt. The CCC viewed the print advertisement and considered the Advertiser’s response. Based on the data submitted, the CCC noted that the name of the product is “112 Salki Burhia Ki” which is a Proprietary product and it has 28 herbs as ingredients. This complaint was NOT UPHELD. The claims, “Enriched with calcium & iron”, and “Makes children healthy & strong”, were inadequately substantiated with evidence of product content analysis and efficacy. Also, the claims are misleading by ambiguity. The advertisement contravened Chapters I.1 and I.4 the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Optm Health Care (P) Ltd"
PRODUCT:"UR Halt"

COMPLAINT:

"1. URHALT- Control Naturally. 2. Presenting URhalt - a clinically evaluated, natural oil that can regain control of your overactive bladder."

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. As claim support data, the advertiser provided details of URhalt ayurvedic preparation, pharmacological and toxicological studies in animals, clinical study to investigate the efficacy of Urhalt therapeutic phyto oil in the treatment of urinary Incontinence, urge of urination and overactive bladder. The claim support data was reviewed by the technical expert of ASCI. The CCC viewed the print advertisement and considered the Advertiser’s response as well as the opinion of the Technical expert presented at the meeting. The CCC noted that the product is meant for external use. The clinical study submitted does not define assessment parameters for urinary incontinence, urge of urination and overactive bladder. The study is conducted on a small sample size of 20 subjects and is a non randomized, open label without comparison. In absence of a placebo, the design of the study was considered to be flawed and hence the results obtained were not considered to be reliable. The CCC concluded that the claims, “URHALT- Control Naturally”, and “Presenting URhalt - a clinically evaluated, natural oil that can regain control of your overactive bladder”, were inadequately substantiated and are misleading by exaggeration. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Apurva Organics Ltd"
PRODUCT:"Chamong Green Tea"

COMPLAINT:

"1. 100% Organic 2. IMO Certified"

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 all their products are 100% organic and duly inspected and certified by IMO Control Pvt. Ltd, an accredited certifying body under NPOP which are monitored & regulated by APEDA. As claim support data, the advertiser provided organic certificates issued by IMO. The CCC noted that the advertised product “Chamong Green Tea” did not reflect in the certificate provided. The CCC concluded that the claims, “100% Organic”, and “IMO certified”, were not substantiated and are misleading by exaggeration. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Mahesh Edible Oil Industries Ltd"
PRODUCT:"Saloni Mustard Oil"

COMPLAINT:

"1. SALONI MUSTARD OIL- - Vitamin A - Helps to improve eyesight - Vitamin D - Helps in making bone stronger - Vitamin E - Helps to strengthen immunity Require evidence of presence of Vitamins A, D & E in the oil"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objections raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date for this complaint. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claims, “Vitamin A - Helps to improve eyesight”, “Vitamin D - Helps in making bone stronger”, “Vitamin E - Helps to strengthen immunity”, were not substantiated with quantitative evidence of the presence of Vitamins A, D and E in the product. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Sri Family Biznet (P) Ltd"
PRODUCT:"Udupi Ruchi Products"

COMPLAINT:

"1. Rava Idli : -The micro nutrients in this prevents insulin loss. -Reduces bad fat and regular eating of this keeps you young 2. Raagi Idli: -Helps fat loss. -Strengthens bones, cures kidney stones and also suggested for diabetes patients. 3. Oats Idli: -Reduces fat storage in the body. -Reduces heart diseases. -Builds immunity and reduces breast cancer in females"

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’s response gave details of the product ingredients of Rava Idli, Raagi Idli, Oats Idli and the health benefits of these ingredients. As claim support data, the advertiser provided a research paper on health benefits of Toor Dal. Based on this data, the CCC noted that the advertiser asserts product benefits however, did not provide any clinical evidence of product efficacy specific to the composition being sold and as per the specific recipes. The CCC concluded that the claims, “Rava Idli : The micro nutrients in this prevents insulin loss. -Reduces bad fat and regular eating of this keeps you young”, “ Raagi Idli: -Helps fat loss. -Strengthens bones, cures kidney stones and also suggested for diabetes patients”, “Oats Idli: -Reduces fat storage in the body. -Reduces heart diseases. -Builds immunity and reduces breast cancer in females”, were inadequately substantiated and are misleading by implication. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Keshav Industries Pvt Ltd."
PRODUCT:"Keshav Edible Oils Range"

COMPLAINT:

"1. Health Booster 2. Keeps food ingredients fresh for long"

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 Soybean oil is high in poly- and monounsaturated fats, low in saturated fats and trans fat-free. Even after extraction, soybean oil retains its natural antioxidants. It is a well known fact that when the food items are fried in fresh / unused Soy Oil the freshness of the items is increased as compared to items fried in used oils. The CCC did not agree with this contention as the advertisement does not have any reference to “re-use of oil” for frying. The CCC noted that while the advertiser has made assertions about their product, no technical test reports or any scientific articles/journal references on soyabean oil have been provided. While Soyabean oil may have a good profile in terms of MUFA/PUFA, the CCC concluded that the claim, “Health Booster” is misleading by implication of enhancement of health as the advertisement also states “Use Kash and be worry-free”. The claim “Keeps food ingredients fresh for long” was not substantiated with any technical data, and is misleading by implication. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Trophic Wellness Pvt. Ltd"
PRODUCT:"Nutricharge Products"

COMPLAINT:

“The Most Awarded Wellness Brand”

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 referred to their response submitted for an earlier complaint No: 1701-C.1611 wherein the Ad claimed, “The most awarded and fastest growing brand”. The CCC viewed the print advertisement and considered the Advertiser’s response. Advertiser states that Nutricharge has received several awards within a short time. We are enclosing the awards won during last two years:. The Economic Times – Best Healthcare Brand 2016, The Guiness Records - creating a 2,500 litre protein shake, the world’s largest protein shake, India’s Most Promising Brand in the healthcare category by the World Consulting and Research Corporation, The Word’s Greatest Brand – Asia & GCC’ in the healthcare category. As claim support data, the advertiser provided URS certificate, IMPB Award certificate, Healthcare Brand certificate, Guinness World Records Certificate. The CCC reviewed the data and concluded that while the advertiser provided few reference to awards received by them, the claim, “The Most Awarded Wellness Brand”, is an absolute claim and is not substantiated with any comparative data versus other brands, and is misleading by exaggeration. The print advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Sri Family Biznet (P) Ltd"
PRODUCT:"Udupi Ruchi Products"

COMPLAINT:

"1.Ragi Dosa: - Cures kidney stones. Maintains haemoglobin level in the blood, maintains weight, maintains blood pressure. 2. Rice Dosa: - Good for heart. 3. Rava Dosa: - Helps in building the immunity power. Good for pregnant ladies and those who are in their menstrual periods to compensate for the blood loss. Controls insulin secretion. Maintains blood pressure level. 4. Multi grain dosa: - Improves immunity, controls diabetes, controls oestrogen secretion in women."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek a personal hearing and submitted their written response post the due date. The CCC viewed the print advertisement and considered the Advertiser’s response. As claim support data, the advertiser provided research data for Ragi Dosa which mentions the Product details with Health Benefits. Based on this data, the CCC noted that the advertiser asserts product benefits however, did not provide any clinical evidence of product efficacy specific to the composition being sold and as per the specific recipe. The CCC concluded that the claims, “Ragi Dosa: - Cures kidney stones. Maintains haemoglobin level in the blood, maintains weight, maintains blood pressure”, “Rice Dosa: - Good for heart”, “Rava Dosa: - Helps in building the immunity power. Good for pregnant ladies and those who are in their menstrual periods to compensate for the blood loss. Controls insulin secretion. Maintains blood pressure level”, “Multi grain dosa: Improves immunity, controls diabetes, controls oestrogen secretion in women”, were inadequately substantiated and are misleading by exaggeration. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Ayurved Sumshodhanalaya (Pune) Pvt Ltd"
PRODUCT:"Kailas Jeevan multipurpose ayurvedic cream"

COMPLAINT:

"1. Multipurpose Ayurvedic cream 2. Effective on burning sensation in palms, soles and eyes, Burns, Wounds and Cuts also. 3. Heals Cracked heels making Skin turn clean and smooth 4. Gives relief to tired eyes and bring sound sleep 5. Relief from pimples 6. Brings relief from piles when eaten with ground sugar"

NATURE OF COMPLAINT:

"Our objections: 1. Claim 1 needs to be substantiated with data from independent scientific studies. 2. Claims 2 to 6 state this one product, a cream, can be applied as well as eaten. This needs to be substantiated and certified for safe use and effectiveness by independent competent authority. 3. The product claims to bring relief to wide range of problems claims 2 to 6 from bringing relief to cracked heels, cuts, wounds, burns to relief to tired eyes and even bring sound sleep. It also claims to give relief from piles when eaten as directed. The medicinal effectiveness and safety of the product against all these claims needs to be substantiated with independent scientific studies and certified by independent competent authority. 4. It is grossly misleading and can be especially detrimental to consumer health and safety, considering it is for medicinal use, available over the counter and advertised for self-use, without doctor advice and prescription. According to us, the advertisement contravenes Chapter 1.1, 1.4 and 1.5 of ASCI code"

Recommendation: UPHELD

"The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek a personal hearing and submitted their written response. Advertiser states that the formulation is based on Ayurvedic Principles. All the ingredients of the product are edible. In their product Ral is used as base. As claim support data, the advertiser provided FDA licence copy, Copy of product packaging and some Feedbacks of Satisfied Customers. The claim support data was reviewed by the technical expert of ASCI. The CCC viewed the print advertisement and considered the Advertiser’s response as well as the opinion of the Technical expert presented at the meeting. The CCC noted that Kailas Jeevan is an Ayurvedic proprietary medicine. All ingredients individually are known to be safe and non toxic in given quantity and with proven efficacy in various Pitta disorders. But for this specific combination, the advertiser has not provided any clinical evidence for the efficacy of this product against piles as per the indications for internal use / use on burns, cuts and wounds . Based on this data, the CCC concluded that the claim, “Take a teaspoonful of K J Cream with equal amount of ground sugar before bed time. Brings relief from piles”, Effective on burning sensation in Burns, Wounds and Cuts also” were inadequately substantiated, and are misleading. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. This complaint was UPHELD. The claims, “Multipurpose Ayurvedic cream” was not considered to be objectionable. Based on the product composition and its soothing / cooling effect when used externally on skin, the claims, “It will give relief to tired eyes and bring sound sleep”, “Pimples – It will get absorbed into the skin. You will get relief”, “Effective on burning sensation in palms, soles and eyes”, “Cracked heels - Skin will turn clean and smooth”, were not considered to be objectionable. This complaint was NOT UPHELD."

 

COMPANY:"Rejuvenate Hair Transplant Centre"
PRODUCT:

COMPLAINT:

"Rejuvenate presents effective and instant treatment through cosmetic surgery for freezed white spots which is incurable with medicine"

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"Leucoderma Item No.35- Schedule J Item No.33- DMR Act"

 

COMPANY:"Vijaya Diagnostic Centre"
PRODUCT:

COMPLAINT:

"Lose Weight & Never Regain 2. Resolves - Diabetes - Hypertension - Heart Disease - Arthritis - Infertility"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Obesity Item no-38-DMR Act Item no. 39-Schedule Diabetes- Item no. 9 – DMR Act Item no. 14- Schedule J High/ Low Blood Pressure Item no. 27- DMR Act Item no. 25- Schedule J Heart Diseases Item no. 26- DMR Act Rheumatoid Arthritis Item no. 43 – DMR Act Sterility in women Item no. 48 – DMR Act"

 

COMPANY: "Shri Ram Hospital"
PRODUCT:

COMPLAINT:

"Riddance to following diseases by obesity surgery: - Diabetes -Heart problems/ Blood pressure The before and after weight loss visuals appear to be misleading and imply cure from obesity"

NATURE OF COMPLAINT:

Recommendation: UPHELD

""Obesity Item no-38-DMR Act Item no. 39-Schedule Diabetes- Item no. 9 – DMR Act Item no. 14- Schedule J Heart Diseases Item no. 26- DMR Act High/ Low Blood Pressure Item no. 27- DMR Act Item no. 25- Schedule J""

 

COMPANY:"Chellaram Diabetes Institute"
PRODUCT:"Chellaram Diabetes Hospital"

COMPLAINT:

"Diabetes with Obesity is Curable Now!!"

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

""Obesity Item no-38-DMR Act Item no. 39-Schedule Diabetes- Item no. 9 – DMR Act Item no. 14- Schedule J""

 

COMPANY:"Mohans Medicity Hospital"
PRODUCT:

COMPLAINT:

"1.Rule Out Women Cancers - In Just 2 Hours 2. Ultimate Destination For Cancer Cure"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Cancer Item No. 6- DMR Act Cancer And Benign Tumour Item No. 8- Schedule J"

 

COMPANY:"Guru Hospital "
PRODUCT:

COMPLAINT:

"Cancer Cure without side effect by HI END linear accelerator with advanced technology"

NATURE OF COMPLAINT:

Recommendation: UPHELD

""Cancer Item no. 6- DMR Act Cancer and benign tumour Item no. 8- Schedule J""

 

COMPANY:"Columbia Asia Hospital"
PRODUCT:"Nobesity Centre"

COMPLAINT:

"Nobesity Centre - The name of center implies cure from Obesity "

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Obesity Item no-38-DMR Act Item no. 39-Schedule"

 

COMPANY:"Sneha Counseling Centre"
PRODUCT:"Sneha Clinic & Counseling Centre"

COMPLAINT:

"We provide medicines for depression, autism -100% cure"

NATURE OF COMPLAINT:

Recommendation: UPHELD

""Nervous Debility Item no. 37- DMR Act Diseases and Disorders of the brain Item no. 10- DMR Act""

 

COMPANY:"Dr. Tembe Hospital"
PRODUCT:

COMPLAINT:

"Effective Treatment for white spots."

NATURE OF COMPLAINT:

Recommendation: UPHELD

""Leucoderma Item No.35- Schedule J Item No.33- DMR Act""

 

COMPANY:"Slim-N-Health "
PRODUCT:

COMPLAINT:

"liminate Obesity by reducing Fat permanently and helpful in keeping away related diseases (Health Problems like Diabetes, Heart Problems, Bones & joint pains, Gynaec Problems, Hypertension, etc)."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Obesity Item No.39- Schedule J Item No.38- DMR Act High Blood Pressure Item No.27- DMR Act Item No.25- Schedule J Heart Diseases Item No.26- DMR Act"

 

COMPANY:"Mane Medical Foundation"
PRODUCT:

COMPLAINT:

"1. Successful treatment on white spots and Psoriasis. 2. The visuals in the Ad read in conjunction with the claims in the advertisement implies that the cure of white spots and Psoriasis."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Leucoderma Item No.35- Schedule J Item No.33- DMR Act"

 

COMPANY:"Nurture Health Care"
PRODUCT:"Ayurex S"

COMPLAINT:

"Complaint: The-Advertisement matter I believe is directly promoting usage of ayurex Capsules for rectifying Premature Ejaculation and Sexual Gratification quite directly. Claim objected to: Experience of vigour and youthfulness in veins for weakness due to premature ejaculation"

NATURE OF COMPLAINT:

Recommendation: UPHELD

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

 

COMPANY:"Amrita homeopathy "
PRODUCT:

COMPLAINT:

"Complaint: The 18th March advert in times of india of amruta homeopathy is misleading. How are they claiming that after ivf failure their treatments are successful in making the baby reality. If that were the case every infertile woman will successfully conceive after failing ivf. Claims Objected to: 1. INFERTILITY? IVF FAILURE?? Worry no more! Meet our Experts!!! 2. Now your dream of having a baby will be a reality soon"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Sterility In Women- Item No 48- DMR Act"

 

COMPANY:"Rajnish Hot Deals Pvt Ltd"
PRODUCT:

COMPLAINT:

"Complaint: The-Advertisement matter I believe is directly promoting usage of Play- Win Capsules for rectifying Premature Ejaculation and Sexual Gratification quite directly. Claims objected to: More enjoyment that will make your partner excited. Helps control premature ejaculation. The visual in the ad, read in conjunction with the claims objected to implies that the product is meant for improvement of sexual capacity"

NATURE OF COMPLAINT:

Recommendation: UPHELD

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

 

COMPANY:"Rajnish Hot Deals Pvt Ltd"
PRODUCT:"Playwin Plus Capsule"

COMPLAINT:

"Complaint: The-Advertisement matter I believe is directly promoting usage of Play- Win Capsules for rectifying Premature Ejaculation and Sexual Gratification quite directly. Claims objected to: 1. Increases passion, strength, extra timing and pep. 2. Helps stop premature ejaculation"

NATURE OF COMPLAINT:

Recommendation: UPHELD

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

 

COMPANY:"Dr Richas Unique Clinic"
PRODUCT:

COMPLAINT:

"Height Treatment/ Ladies Bust Enlargement, Reduction Firming"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Form and structure of the breast Item no. 19- Schedule J Form and structure of the female bust. Item no. 21-DMR Act Stature of persons Item no. 47- DMR Act Improvement in height of children/ adults Item no. 29- Schedule J"

 

COMPANY:"Sugar Control Clinic"
PRODUCT:

COMPLAINT:

"Claims to be a sugar control clinic and can control sugar when all other options fail."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Diabetes- Item no. 9- DMR Act Item no. 14 – Schedule J"

 

COMPANY:"Khushi Ayurveda Pvt Ltd"
PRODUCT:"Khushi Ayurveda Range Of Products"

COMPLAINT:

"1)100% effective treatment for Piles without any operation pain. 2) 10 days of this course gives freedom from chronic piles and the pile warts permanently."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Piles and Fistulae Item no. 42- Schedule J"

 

COMPANY:"Capital Pharmacy"
PRODUCT:"Capital Pharmacy"

COMPLAINT:

"1)Yunani Medicine with guarantee for Paralysis, Arthritis 2) ATTARI Hemorrhoids Syrup - During Haemorrhoids drinking 2-2 spoons in morning and evening will stop the blood in haemorrhoids. By continuously drinking for three months, Bleeding Haemorrhoids will be cured completely."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Paralysis Item no. 39- DMR Act Item no. 40- Schedule J Rheumatoid Arthritis Item no. 43 – DMR Act Piles and Fistulae Item no. 42- Schedule J"

 

COMPANY:"Dr Rajesh Upadhyay Ksharsutra Clinic"
PRODUCT:

COMPLAINT:

"1st time in agra successful treatment of piles, fistula & fissure through foreign machine, new technique, cryotherapy and kshar sutra"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Piles and Fistulae Item no. 42- Schedule J"

 

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

COMPLAINT:

"We can survive from Kidney Disease and Dialysis."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Kidney Stones- Item no. 22- DMR Act Item no. 50- Schedule J"

 

COMPANY:"Homeo Trends"
PRODUCT:

COMPLAINT:

"Confidence Solution to Sex Problems : Premature ejaculation Right Solution to Infertility problems in Women. Excellent medicines in Homeo for Infertility problem compared to other medical procedures."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Premature Ejaculation - Item no- 47- Schedule J Sterility in women Item no. 48 – DMR Act"

 

COMPANY:"Grovel Drugs & Chemicals Pvt Ltd"
PRODUCT:"Amrutha Dia Churnam"

COMPLAINT:

"Controls Diabetes For Diabetic suffers (sugar patients) GROVEL presents an Elixir medicine."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Diabetes- Item no. 9- DMR Act Item no. 14 – Schedule J"

 

COMPANY:"Dr Batras Homeopathic Clinic"
PRODUCT:

COMPLAINT:

"We have successfully treated more than 10 lakh patients having Skin conditions, Women's disease, High sugar levels, Overweight, Sexual Problems, in every age person. Visuals imply cure of Leucoderma"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Leucoderma Item no. 33- DMR Act Item no. 35- Schedule J"

 

COMPANY:"Shree Baidyanath Ayur Bhawan"
PRODUCT:"Baidyanath Vita Ex Gold Plus"

COMPLAINT:

"Reputed powerful herbs like Shilajit, musli and Ashwagandha etc.. helps in semen thickening, lively power. For Youthful energy, Lively power For power & pep! The visuals in the Ad and packaging read in conjunction with the claims objected to implies that the product is meant for enhancement of sexual pleasure ."

NATURE OF COMPLAINT:

Recommendation: UPHELD

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

 

COMPANY:"Chaturbhuj Pharmaceuticals"
PRODUCT:"Japani Oil"

COMPLAINT:

"For Mellowness in Married Life Specially Famous and Effective for Manly Power. The feeling of energy, stamina and Power. The visuals in the Ad and packaging read in conjunction with the claims objected to implies that the product is meant for enhancement of sexual pleasure"

NATURE OF COMPLAINT:

Recommendation: UPHELD

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

 

COMPANY:"Dindayal Aushadhi Pvt Ltd"
PRODUCT:"303 Capsules"

COMPLAINT:

"Today or Tomorrow enjoy every moment. The visuals in the Ad read in conjunction with the claim objected to implies that the product is meant for enhancement of sexual pleasure"

NATURE OF COMPLAINT:

Recommendation: UPHELD

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

 

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

COMPLAINT:

"1.Forget the world when you have loads of vigour. 2. Increases vigour, strength, Energy & pep! The visuals in the Ad read in conjunction with the claims objected to implies that the product is meant for enhancement of sexual pleasure"

NATURE OF COMPLAINT:

Recommendation: UPHELD

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

 

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

COMPLAINT:

"Take pleasure of married life with more vigour The visuals in the Ad read in conjunction with the claim objected to implies that the product is meant for enhancement of sexual pleasure"

NATURE OF COMPLAINT:

Recommendation: UPHELD

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

 

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

COMPLAINT:

"Make your Valentine Day More Special with PLAY WIN The visuals in the Ad read in conjunction with the claim objected to implies that the product is meant for enhancement of sexual pleasure"

NATURE OF COMPLAINT:

Recommendation: UPHELD

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

 

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

COMPLAINT:

"Make your relationship more stronger The visuals in the Ad read in conjunction with the claim objected to implies that the product is meant for enhancement of sexual pleasure"

NATURE OF COMPLAINT:

Recommendation: UPHELD

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

 

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

COMPLAINT:

"Helps prevent Premature Ejaculation. The visuals in the Ad read in conjunction with the claim objected to implies that the product is meant for enhancement of sexual pleasure"

NATURE OF COMPLAINT:

Recommendation: UPHELD

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

 

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

COMPLAINT:

"Make your Valentine Day Special with Play Win Plus Make your relationship more stronger. The visuals in the Ad read in conjunction with the claims objected to implies that the product is meant for enhancement of sexual pleasure"

NATURE OF COMPLAINT:

Recommendation: UPHELD

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

 

COMPANY:"Rajnish Hot Deals Pvt Ltd"
PRODUCT:"Playwin Plus Capsules"

COMPLAINT:

"The success of happy married life Make your relationship more stronger The visuals in the Ad read in conjunction with the claims objected to implies that the product is meant for enhancement of sexual pleasure"

NATURE OF COMPLAINT:

Recommendation: UPHELD

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

 

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

COMPLAINT:

"Feeling of Strength and Absolute Vigor. The visuals in the Ad read in conjunction with the claim objected to implies that the product is meant for enhancement of sexual pleasure"

NATURE OF COMPLAINT:

Recommendation: UPHELD

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

 

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

COMPLAINT:

"This is the opportunity to give energy to the sperms. The visuals in the Ad , product packaging and product name read in conjunction with the claim objected to, implies that the product is meant for enhancement of sexual pleasure"

NATURE OF COMPLAINT:

Recommendation: UPHELD

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

 

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

COMPLAINT:

"Feel the power. Hour - after - hour! The visuals in the Ad , product packaging and product name read in conjunction with the claim in the advertisement implies that the product is meant for enhancement of sexual pleasure"

NATURE OF COMPLAINT:

Recommendation: UPHELD

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

 

COMPANY:"Shree Maruti Herbal"
PRODUCT:"Shree Maruti Herbal"

COMPLAINT:

"Helpful for Energy, Excitement and Power. The visuals in the Ad , product packaging and product name read in conjunction with the claim objected to implies that the product is meant for enhancement of sexual pleasure"

NATURE OF COMPLAINT:

Recommendation: UPHELD

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

 

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

COMPLAINT:

"Effective for Energy, Excitement and Power. The visuals in the Ad , product packaging and the product name read in conjunction with the claim objected to implies that the product is meant for enhancement of sexual pleasure"

NATURE OF COMPLAINT:

Recommendation: UPHELD

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

 

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

COMPLAINT:

"The visuals and claims in the ad imply that the product is meant for enhancement of sexual pleasure."

NATURE OF COMPLAINT:

Recommendation: UPHELD

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

 

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

COMPLAINT:

"Physical Deficiency? Lack of Excitement? Loose Organ? Strengthen the loose organs and helps to make fresh sperm counts. Massage daily and experience the HEIGHT of HAPPINESS. The visuals in the Ad , product packaging and the product name read in conjunction with the claims objected to implies that the product is meant for enhancement of sexual pleasure"

NATURE OF COMPLAINT:

Recommendation: UPHELD

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

 

COMPANY:"Shree Maruti Herbal"
PRODUCT:"Stay-On Range Of Products"

COMPLAINT:

"The visuals in the Ad , product packaging and the product name implies that the product is meant for enhancement of sexual pleasure"

NATURE OF COMPLAINT:

Recommendation: UPHELD

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

 

COMPANY:"Hair Mantras "
PRODUCT:

COMPLAINT:

"New medicine will give riddance from baldness"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Baldness Item no. 5 -Schedule JChange in colour of hair and growth of new hair. Item no. 10-Schedule J "

 

COMPANY:"Ruchi Herbals Pvt Ltd"
PRODUCT:"Long Dive Range Of Products"

COMPLAINT:

"Tell your problem and get the solution. The visuals in the Ad and the Product Name read in conjunction with the claims objected to implies that the product is meant for enhancement of sexual pleasure"

NATURE OF COMPLAINT:

Recommendation: UPHELD

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

 

COMPANY:"Ruchi Herbals Pvt Ltd"
PRODUCT:"Long Dive Range Of Products"

COMPLAINT:

"The visuals in the Ad and the Product Name read in conjunction with the claims objected to implies that the product is meant for enhancement of sexual pleasure"

NATURE OF COMPLAINT:

Recommendation: UPHELD

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

 

COMPANY:"Classical Homoeopath (Dr Mitwar)"
PRODUCT:

COMPLAINT:

"Permanent treatment of genetic and incurable diseases"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Genetic disorders Item no. 21- Schedule J"

 

COMPANY:"Heart & Health Care"
PRODUCT:

COMPLAINT:

"1. For happy married life 2. Now its possible to get rid of diabetes from roots 3. Take successful treatment of masculine weakness, premature ejaculation, lack of sperm, discharge, undeveloped organ"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Maintenance or improvement of the capacity of the human being for sexual pleasure – Item no. 36 – Schedule J Diabetes- Item no. 9- DMR Act Item no. 14 – Schedule J Premature Ejaculation - Item no- 47- Schedule J Improvement in size and shape of the sexual organ and in duration of sexual performance. Item no. 30- Schedule J"

 

COMPANY:"B K Arogyam & Research Center"
PRODUCT:

COMPLAINT:

"1. Permanent treatment for Kidney and Urethral stones. 2.Get freedom without operation by experienced ayurvedic doctors. 3. Get treatment for Kidney tumour, piles, Gonorrhea and all kind of female and male venereal diseases."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Kidney Stones- Item no. 22- DMR Act Item no. 50- Schedule J Tumours- Item no. 51- DMR Act Cancer and benign tumours- Item no. 8 – Schedule J Piles and Fistulae Item no. 42- Schedule J Venereal diseases including syphilis, gonorrhea, soft chancre, venereal granuloma and lymphogranuloma- Item no. 54- DMR Act"

 

COMPANY:"Devarshi Ayurved & Biotech Pvt Ltd"
PRODUCT:"Devarshi Ayurved Range Of Products"

COMPLAINT:

"Diabicure-Product name implies cure from diabetes"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Diabetes- Item no. 9- DMR Act Item no. 14 – Schedule J"

 

COMPANY:"Muniraj Ayurved Ashram"
PRODUCT:"Muniraj Arsh Hari"

COMPLAINT:

"1. Sure shot medicine to remove piles 2. Successful ayurvedic medicine for all diseases like Piles, anal warts, Gonorrhea, Dysentery, fistula, cough etc. 3. Product name implies cure from piles"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Piles and Fistulae Item no. 42- Schedule J"

 

COMPANY:"LivRaj Pharmacy "
PRODUCT:

COMPLAINT:

"Disappointed from everywhere. Guaranteed treatment from roots without surgery for Piles, Fistula, fissure, hydrocele."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Piles and Fistulae Item no. 42- Schedule J"

 

COMPANY:"Technopharm"
PRODUCT:"Horse Power Capsules"

COMPLAINT:

"1. For women and men 2. Lack of semen and absence of sperm in it 3. Lack of interest in sex, Anemic."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Maintenance or improvement of the capacity of the human being for sexual pleasure – Item no. 36 – Schedule J Power to Rejuvenate Item No. 43 – Schedule J Premature Ageing Item No. 44- Schedule J Spermatorrhoea Item No. 47- Schedule J"

 

COMPANY:"Mahaguni Ayurveda Pvt Ltd"
PRODUCT:

COMPLAINT:

"1. Remove physical weakness 2. Take pleasure of married life 3. The visuals in the Ad read in conjunction with the claims in the advertisement implies that the treatment is meant for enhancement of sexual pleasure."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"1. Remove physical weakness 2. Take pleasure of married life 3. The visuals in the Ad read in conjunction with the claims in the advertisement implies that the treatment is meant for enhancement of sexual pleasure."

 

COMPANY:"Juneja Clinic "
PRODUCT:"Juneja Modern Clinic "

COMPLAINT:

"Sex problems - men disease Take 7 days course of strength Premature ejaculation, Masculine weakness, Loose nerves, undeveloped organ, thinness Sloppy, less sperm."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Premature Ejaculation - Item no- 47- Schedule J Sexual Impotence- Item No. 45- DMR Act"

 

COMPANY:"Lord Dhanvantari Hospital"
PRODUCT:

COMPLAINT:

"1. Finish from root of arthritis and Joint pain. 2. 100% Ayurvedic treatment from root for arthritis - joint pain - Hip, Joint Pain, waist pain, cervical, spondiloysis without operation."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Rheumatism Item No.43- DMR Act Spondylitis Item No. 48- Schedule J"

 

COMPANY:"Olefia Biopharma Ltd"
PRODUCT:"Votif Syrup"

COMPLAINT:

"Votif Syrup - For all Sex Related Problems. Lack of sex desire or no willingness. - Less or weak sperm. - Inability to complete the action of fertility. - Decrease in erectile (Stunted). - Swelling of veins and not strengthens. - No development of nerves. - Happening of Premature Ejaculation and wet dreams. - Less or thin Semen. Votil - Herbal and Natural Extract Syrup. Long Life Results Ordinary person can also use it and can make his body healthy and his married life more happy. The visuals in the Ad and packaging read in conjunction with the claims in the advertisement implies that the product is meant for enhancement of sexual pleasure."

NATURE OF COMPLAINT:

Recommendation: UPHELD

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

 

COMPANY:"Janta Clinic"
PRODUCT:

COMPLAINT:

"1 Avoid operation, Remove piles from roots by one injection 2 Successful treatment of fistula patients through Kshar sutra therapy"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Piles and Fistulae Item no. 42- Schedule J"

 

COMPANY:"Sanjivani Ayurved Ashram"
PRODUCT:

COMPLAINT:

"Sex problems - Keep your marital life happy. Lack of sex desire Premature ejaculation Reduced erectile Low & weak sperm Undeveloped organ Lack of stimulation due to weakness in nerves of organ Our Ayurvedic treatment helps to transform your loose, undeveloped & flat breast into beautiful & attractive and improves physical attraction. The visual in the ad read in conjunction with the claim objected to implies that the product is meant for breast enhancement. The visuals in the Ad read in conjunction with the claims in the advertisement implies that the treatment is meant for enhancement of sexual pleasure."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Maintenance or improvement of the capacity of the human being for sexual pleasure – Item no. 36 – Schedule J Premature Ejaculation and spermatorrhoea- Item no- 47- Schedule J Form and Structure of the Female bust Item No. 21- DMR Act Form and structure of the breast- Item no. 19 – Schedule J"

 

COMPANY:"Sablok Clinic "
PRODUCT:

COMPLAINT:

"1. Meet without hesitation for sex problems 2. No need to hide your sex related problems, if you are doing like that your marital life can become distressful. 3. The visuals in the Ad in conjunction with the claims in the advertisement implies that the treatment is meant for enhancement of sexual pleasure."

NATURE OF COMPLAINT:

Recommendation: UPHELD

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

 

COMPANY:"Shivansh Ayurveda "
PRODUCT:"Shivansh Ayrveda Range Of Products"

COMPLAINT:

"1. Adopt ayurveda to increase height 2. Solution to men & women's height through ayurvedic medicines"

NATURE OF COMPLAINT:

Recommendation: UPHELD

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

 

COMPANY:"Sex Samadhan Clinic"
PRODUCT:

COMPLAINT:

"1. Sexual Diseases, why get disappointed? 2. Free Japanese Penis Increaser Tool 3. Successful treatment of weakness of penis due to childhood mistakes, undeveloped organ, weakness of nerves, small organ, sloppy organ, thinness, impotence, childlessness, premature ejaculation, nightfall & every veneral diseases 4. The visuals in the Ad read in conjunction with the claims in the advertisement implies that the treatment is meant for enhancement of sexual pleasure"

NATURE OF COMPLAINT:

Recommendation: UPHELD

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

 

COMPANY:"Ayurved Amrutam "
PRODUCT:

COMPLAINT:

"1. Successful treatment of patients disappointed by other medical method 2. Relief from the beginning in excessive pain - Cervical - Arthritis - Obesity - Diabetes - White Spots - Liver – Hepatitis, Fatty Liver, - Kidney Stone - Ulcer, Piles - Female Diseases"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Spondylosis Item No. 48- Schedule J Rheumatism Item No.43- DMR Act Obesity Item No.39- Schedule J Item No.38- DMR Act Diabetes Item No.14- Schedule J Item No.9- DMR Act Leucoderma Item No.35- Schedule J Item No.33- DMR Act Liver Disorder, Hepatitis Item No.33- Schedule J Kidney Stone Item No.22- DMR Act Item No.50- Schedule J Piles Item No. 42- Schedule J Female Diseases Item No.18- DMR Act"

 

COMPANY:"Jivak Ayurveda "
PRODUCT:

COMPLAINT:

"1. Treatment of cancer 2. Complete ayurvedic solution to breast cancer, brain cancer, throat cancer, liver cancer, gallbladder cancer, blood cancer, bone cancer etc. 3. Jivak ayurveda is ray of hope for those who are suffering from cancer. See the results yourself within 21 to 45 days after taking the treatment."

NATURE OF COMPLAINT:

Recommendation: UPHELD

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

 

COMPANY:"Shree Hari Clinic "
PRODUCT:

COMPLAINT:

"1. Get healthy without operation! - Kidney Stone - Piles - Tumor - Heart Diseases 2. Childless couples must meet! 3. Operation less treatment for male-female infertility, Irregular menstuation, Polycystic ovary, Weak uterus and Closed tube"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Kidney Stone Item No.22- DMR Act Item No.50- Schedule J Piles Item no. 42- Schedule J Heart Diseases Item No.26- DMR Act Tumors Item No.51- DMR Act Sterility in Women Item No.48- DMR Act Disorders of Menstrual Flow Item No.13- DMR Act Diseases and Disorder of Uterus Item No.15- Schedule J Item No.12- DMR Act"

 

COMPANY:"S B Ayurvedic Speciality Hospital"
PRODUCT:

COMPLAINT:

"Vajikarna Treatment: Excellent medicines available in Ayurvedam without side effects for sexual problems due to mental reasons like depression, pressure, Anxiety etc. Ayurvedic medicine are giving better results. In Ayurveda, good medicines are also available for mental problems. As told in Ayurveda, Vajikarna medicines are solving problems like sexual problems, infertility. 1. Get rid of sexual problems, infertility by Ayurveda experts with proper idea through sex counseling, Ayurveda medicines."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Maintenance or improvement of the capacity of the human being for sexual pleasure – Item no. 36 – Schedule J Sterility in Women Item No.48- DMR Act"

 

COMPANY:"Positive Homeopathy"
PRODUCT:

COMPLAINT:

"100% Cure is Our Priority Treatment with Nano pills through Advanced Nano Medicine and Genetic Method for the first time in world. - Diabetes - Complete Treatment to Piles, Fistula and Fissure - Hepatitis-B Free from breathing related problems - Asthma Motherhood is Blessing - Make it Success - Good solution Infertility 1. PCOD, Infertility, Hormones problems, Over Weight 2. End to Sex problems 3. ED problems, Sexual Depression, Hormones 4. Complete treatment to Piles, Fistula, & fissure"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Diabetes- Item no. 9- DMR Act Item no. 14 – Schedule J Piles and Fistulae Item no. 42- Schedule J Hepatitis Item No.33- Schedule J Bronchial Asthma Item No. 7- Schedule J Sterility in Women Item No.48- DMR Act Disorders of Menstrual Flow Item No.13- DMR Act Obesity Item No.39- Schedule J Item No.38- DMR Act"

 

COMPANY:"Star Ayurveda "
PRODUCT:

COMPLAINT:

"1. Guaranteed treatment for all chronic health diseases. 2. Permanent Solution for chronic diseases like piles, fissure, fistula, kidney disorders! Along with this special treatment for Neurological Disorders, Liver and Digestion related problem. With Out Operation. 3. Joint Pains, Sciatica, Adenoids, Spondylitis, Tonsils, Stones in Kidneys."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Piles and Fistulae Item no. 42- Schedule J Kidney Stone Item No.22- DMR Act Item No.50- Schedule J Spondylitis Item No. 48- Schedule J Rheumatism Item No.43- DMR Act"

 

COMPANY:"Homeocare International"
PRODUCT:

COMPLAINT:

"Possible Prevention to 'ASTHAMA' with Constitutional Homeopathy."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Bronchial Asthma Item No. 7- Schedule J"

 

COMPANY:"Homeocare International"
PRODUCT:

COMPLAINT:

"1. Efficient solution to 'Spondylitis' in Homeocare International. 2. making back bone strong, there by chance of completely curing spondylitis problem without retaining this disease."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Spondylitis Item No. 48- Schedule J"

 

COMPANY:"Homeocare International"
PRODUCT:

COMPLAINT:

"1. Our Advanced Specialty Treatments to Diabetes - Diabetes -Peripheral Neuropathy - Sex Problems -Kidney Problems - Diabetic foot - Eye Problems"

NATURE OF COMPLAINT:

Recommendation: UPHELD

""Diabetes- Item no. 9- DMR Act Item no. 14 – Schedule J Disorder of the nervous system Item no 14- DMR Act Improvement in Vision Item No.32- Schedule J Kidney Stone Item No.22- DMR Act Item No.50- Schedule J Maintenance or improvement of the capacity of the human being for sexual pleasure – Item no. 36 – Schedule J"

 

COMPANY:"Alfa Hospital (Alfa Wellness)"
PRODUCT:

COMPLAINT:

"Solution to every serious diseases of obesity at Alfa wellness: High blood pressure Diabetes Type Hypothyroid PCOD"

NATURE OF COMPLAINT:

Recommendation: UPHELD

""Obesity Item No.39- Schedule J Item No.38- DMR Act Disorders of Menstrual Flow Item No.13- DMR Act High Blood Pressure Item No.27- DMR Act Item No.25- Schedule J Diabetes- Item no. 9- DMR Act Item no. 14 – Schedule J""

 

COMPANY:"Makewell Pharmaceuticals"
PRODUCT:"Speed Height Capsules"

COMPLAINT:

"1. Even after being short, there is a difference in my growth. 2. Helps in physical growth."

NATURE OF COMPLAINT:

Recommendation: UPHELD

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

 

COMPANY:"Chaturbhuj Pharmaceuticals"
PRODUCT:"Right Sugar Tablet"

COMPLAINT:

"1. ""Yes, Diabetes (Sugar) control now possible"". 2. Right sugar tablet works as the name is."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Diabetes- Item no. 9- DMR Act Item no. 14 – Schedule J"

 

COMPANY:"Jolly Pharma"
PRODUCT:"Jolly Fat Go Range Of Products"

COMPLAINT:

"Product name implies cure for obesity"

NATURE OF COMPLAINT:

Recommendation: UPHELD

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

 

COMPANY:"Rajnish Hot Deals Pvt Ltd"
PRODUCT:"Kasaav Dusting Powder"

COMPLAINT:

"1. KASAAV dusting powder - Create the beautiful moments in life, Kasaav gives the feeling of infancy in you. 2. Best result in first use. 3. Have the feeling of virginity. 4. Kasaav powder is prepared by precious ayurvedic herbal mixture which helps to prevent the problem of loosening of vagina by making muscles tight and gives liveliest young feel to woman. Kasaav powder is 15 days course will prevent the old memories and gives new hope and praise."

NATURE OF COMPLAINT:

Recommendation: UPHELD

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

 

COMPANY:"Jagat Pharma-"
PRODUCT:"Isotine Ayurvedic Eye Drops"

COMPLAINT:

"Complaint: a) treating cataract WITHOUT surgery b) CURING Color Blindness c) CURING Retinitis pigmentosa It may be noted that these are hereditary disorders and CANNOT be cured. The adv is an effort to befool people and dupe them of their hard earned money. You may confirm this from eminent eye Surgeons or from MCI (Medical Council of India) or AIOS (All India Ophthalmologists Society). Claims: 1.Treatment of less mature Cataract without operation. 2. Cure for incurable diseases like Retinitis, pigmentosa, colour blindness etc"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Cataract Item no. 7 – DMR Act Item no. 9 – Schedule J Improvement in vision Item no.-32- Schedule J"

 

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

COMPLAINT:

"In Ayurveda have wonderful herbs to help to cures the diabetes without side effects. Navchetana Kendra Designed a formulation Debisulin for your diabetes problems. "

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Diabetes- Item no. 9- DMR Act Item no. 14 – Schedule J "

 

COMPANY:"Navchetana Kendra"
PRODUCT:"Navchetana Kendra Products-Recall Capsule"

COMPLAINT:

"Recall Capsule- A completely ayurvedic and chemical free capsule, made of rare herbal extract. It not just treats mental disorder/ailments but also takes care of your mind and nerve systems its good bye to stress, overthinking, depression and negativity from your mind and want to have a healthy mental state-‘Recall Capsule’ will be helpful and useful to get rid of those problems."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Nervous Debility Item no. 37- DMR Act Diseases and Disorders of the brain Item no. 10-DMR Act "

 

COMPANY:"TV Today Network Limited"
PRODUCT:"Aaj Tak"

COMPLAINT:

"“The ad contains the data for Aaj Tak compared to India TV. Aaj Tak, All India Urban data being ahead of India TV, All India Urban+ Rural data. The source line mentions the data for All India, CS 15+ NCCS AB, 8th Nov'16, 2000-2400 hrs. This is to bring to your notice that the attached communication is totally against the guidelines given by BARC to the industry for correct usage of data. The data used in the mailer has been sliced to just four hours on a particular day, AB only, 15+ yrs. The source line reads: BARC, 08 Nov 16, TG 15+ NCCS AB, Time Band 2000-2400, imp'000. With this slicing the channel has gone on to draw comparison naming our channel.”"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"On receiving the ASCI’s request for confirmation of compliance, the advertiser sought for a review of the CCC recommendation. Advertiser confirmed that they have discontinued the said advertisement and assured to comply with the CCC review recommendation. 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 for Review. Advertiser’s response for Review stated that the Target Audience and Data being compared has been clearly defined and displayed, Data is for Time Band 2000-24000 (Consecutive Clock-hours), Source: BARC - data is available as in BMW Software, Only Absolute Metrics i.e., Impression’000s has been taken for the mailer, Mailer is not based on Rat% & Cov%, on 8th November 2016, Aaj Tak got 403.9 Imp'000, however on 8th Nov'16 at 2000-2400 Aaj Tak got 760.7 Imp'000 (Source BARC, 08 Nov'16, TG- 15+ NCCS AB Imp'000). The claim support data was reviewed by the technical expert of ASCI. The CCC viewed the Ad – mailer and considered the Advertiser’s response as well as the opinion of the Technical expert presented at the meeting. The CCC noted that as per the recently circulated guidelines for Single Event reporting, the announcement of demonietization could be considered as single event reporting. However, the advertiser did not provide any data to show that impressions delivered are 25% above the same time band average for the previous four weeks or that impressions delivered are more than 20% of the full day impressions on the specified day, which is required as per the specific criteria in the BARC guidelines on Single Event reporting. This was in violation of the BARC principles and specific criteria for single event reporting. The Ad – emailer contravened Chapters I.1, I.3, I.4 and IV.1(b) of the ASCI Code. The earlier CCC recommendation of complaint being Upheld stands on Review."

 

COMPANY:"TV 18 Broadcast Ltd"
PRODUCT:"CNN News18"

COMPLAINT:

"“CNN News18 mailer claims that they are No.1 News channel in English News Genre. To show this they have used market Share% as the matrix. The source of this data is BARC India, TG All 4+, Market 6 Megacities, Period: Wk 34 to Wk 51 2016 (24 hours) A) As per BARC India guidelines no channel is permitted to provide market Share% for any external communication, even in this mailer total share is not summing up to 100% which makes this data ambiguous. B) Also the channel is claiming that it is No.1 from Wk 34 to Wk 51 2016 for 24 hours, that means they are claiming to be No.1 in every hour during this period which is not right, hence the channel is misguiding the audience and traders.”"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek a personal hearing and submitted their written response. Advertiser states that a perusal of the source line clearly shows that the period in question and the relevant data do not pertain to a 'single event'. The categories and timelines that are referred to in the source line are provided by BARC and they have merely reproduced the same. As claim support, the advertiser provided data extracted from the BMW Software of BARC. The claim support data was reviewed by the technical expert of ASCI. The CCC viewed the Ad – emailer and considered the Advertiser’s response as well as the opinion of the Technical expert presented at the meeting. The CCC noted that the chart used in the emailer violates the ‘Visual Representation’ Guidelines - “Visual representations help the intended recipient of a commercial message. They must adhere to the following principles - Axes of a graph must be orthogonal, at 90°, Scaling must be linear, The Y-axis must generally intercept the X-axis at value 0. If an alternative value is used, this must be clearly indicated both on the chart and in its legend.” Though the complaint of misleading comparison was not considered to be objectionable, the visual representation shown is not in compliance with BARC Guidelines and therefore represents a misleading comparison. The CCC concluded that the Ad – emailer contravened Chapters I.3, I.4 and IV.1(b) of the ASCI Code. This complaint was UPHELD. The channel claiming that it is No.1 from Wk 34 to Wk 51 2016 for 24 hours, was not misleading as it does not imply that it leads in every second across the 24 hours, merely that its audience, aggregated across 24 hours for the period of comparison is the highest compared to other channels on which the comparative claim is based. As for the complaint that total share shown on the graph do not add upto 100% was not objectionable, as the Advertiser has provided data to support the relative shares indicated. It is for the advertiser to choose the channels it shows in visual comparison. These complaints were NOT UPHELD."

 

COMPANY:"An IGP Pvt Ltd. "
PRODUCT:"CA Ashish Kalra’s IGP e-learning Classes"

COMPLAINT:

“India’s No.1 Faculties”

NATURE OF COMPLAINT:

"Pls find the enclosed advertisements claiming no. 1 for CA coaching. IGP e learning classes is Delhi based and also claims no. 1 in CA coaching. image is taken in the month of January 2017 and creating confusion specifically in the minds of students like me to join them. Moreover no disclaimer is shown by the coaching institutes. Even some ads are also on google I also visited IGP e learning classes, Laxmi nagar branch for inquiry of another subject but found it was also claiming having India's no. 1 faculties on its pamphlet without any disclaimer. It was visited on 13th January 2017. Pls find attachment of pamphlet."

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the grievances of the complainant. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date for this complaint. The CCC viewed the Ad – pamphlet. In the absence of comments from the Advertiser, the CCC concluded that the claim, “India’s No.1 Faculties”, was not substantiated with any verifiable comparative data versus other similar institutes in the same category or any third party validation or research, and is misleading by exaggeration. The Ad – Pamphlet 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:"Swapnil Patni’s Classes"
PRODUCT:

COMPLAINT:

“No. 1 nationwide for CA theoretical subjects”, “No.1 Nationwide”

NATURE OF COMPLAINT:

“Pls find the enclosed advertisement claiming no. 1 for CA coaching. SP classes is Pune based coaching institute and provides video classes in Delhi as well. Advertisements claim, they are no. 1 nationwide for CA theoretical subjects. These advertisements are printed on books provided by Institute. Applicant is existing student of SP classes and books were issued in January 2017.image is taken in the month of January 2017 and creating confusion specifically in the minds of students like me to join them. Moreover no disclaimer is shown by the coaching institute. Even some ads are also on google”

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the grievances of the complainant. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date for this complaint. The CCC viewed the Ad – promotional material. In the absence of comments from the Advertiser, the CCC concluded that the claims, “No.1 CA Classes in India for theoretical subjects”, and “No.1 Nationwide”, were not substantiated with any verifiable comparative data versus other similar institutes in the same category or any third party validation or research, and are misleading by exaggeration. The Ad – promotional material 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:"IAM Business School"
PRODUCT:

COMPLAINT:

“100% Placement from IAM.”

NATURE OF COMPLAINT:

Recommendation: UPHELD

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

COMPLAINT:

"1. Mentors Eduserv - No.1 Coaching Institute Of Eastern India. 2. AVAIL Upto 100% Scholarship on Tuition Fee."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objections raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date for this complaint. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claim, “No.1 Coaching Institute of Eastern India”, was not substantiated with any verifiable comparative data versus other similar institutes in the same category or any third party validation or research to prove this claim, and is misleading. Claim, “Avail Upto 100% Scholarship on Tuition Fee”, was not substantiated with authentic supporting data such as evidence of 100% scholarships availed by any of their students. Also, the claim is misleading by exaggeration and ambiguity regarding the total number of scholarships being offered. 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:"Indo German Tool Room-Gv"
PRODUCT:

COMPLAINT:

“100% Placement opportunity provided to the deserving candidates after successful training”

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 their training courses are under the guidelines of their ministry and they are running these courses since 1994; and every year they are training approx. 10,000 trainees. Advertiser did not provide any supporting evidence for the claim made. In the absence of claim support data, the CCC concluded that the claim, “100% Placement opportunity provided to the deserving candidates after successful training”, was not substantiated with authentic supporting data such as detailed list of students who have been placed through their Institute, their enrolment forms and appointment letters received by the students, nor any independent audit or verification certificate. The claim is misleading by exaggeration. The advertisement contravened Guidelines for Advertising of Educational Institutions and Programs as well as Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"DExcellence Knowledge City-VC"
PRODUCT:

COMPLAINT:

“100% Placements”

NATURE OF COMPLAINT:

Recommendation: UPHELD

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

 

COMPANY:"S K Educations Pvt Ltd"
PRODUCT:

COMPLAINT:

“India's No.1 Play School”

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objection raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date for this complaint. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claim, “India's No.1 Play School”, was not substantiated with any verifiable comparative data versus other similar institutes in the same category or any third party validation or research, 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:"Sri Nanesh Samta Vikas Trust"
PRODUCT:

COMPLAINT:

“100% Placement”

NATURE OF COMPLAINT:

Recommendation: UPHELD

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

 

COMPANY:"Crusaders Technologies Pvt. Ltd."
PRODUCT:"Crusaders Air Purifier"

COMPLAINT:

“India's No.1 Air Purifier”

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 they were one of the first company to enter the Indoor Air Purifier market in the year 2004 and since they are technologically more advanced than others they have a right to call themselves the best in the country. There is no Govt. agency or any other third party agency that ranks the technology of any product. The CCC noted that while the advertiser has made assertions about their product, no comparative technical data has been provided to prove performance of Crusaders Air Purifier in terms of being technologically more advanced as compared to other air purifier. The CCC concluded that the claim, “India's No.1 Air Purifier”, was not substantiated with any verifiable comparative data versus other air purifiers in the same category or any third party validation or research to prove this claim, and is misleading by exaggeration. The advertisement contravened Chapters I.1 and I.4 of the Code. The complaint was UPHELD."

 

COMPANY:"Gaudium IVF Centre"
PRODUCT:"Gaudium Kare IVF"

COMPLAINT:

"1. Everyone deserves a one of their own. Delivering highest success rate across the Country. 2. High Success rate even in failed IVF cases."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objections raised in the complaint. The advertiser requested for an informal resolution of the complaint. Before giving an undertaking to resolve the concerns raised informally, the advertiser was provided with an opportunity to discuss their submission via telecon. The advertiser indicated that the advertisement has been modified but did not provide the modified version for verification. In the absence of confirmation, the Informal Resolution option was not applicable. Subsequently, on ASCI’s request, the advertiser submitted their written response through their Advocates. The CCC viewed the advertisement and considered the Advocate’s response. Advocate on behalf of the advertiser states that the advertisement is indicating that any childless couple may be benefitted by undertaking ART treatments including IVF being one of the majorly used medical techniques in the country. The claims are made on the basis of the results of the treatment provided by them and the same can be substantiated with adequate and relevant data and verified with as many as nine cases in which the patients have had a history of multiple failed IVF cycles and have experienced positive results with their treatment.”. The CCC noted that the advertisement has a prominent headline stating “everyone deserves a one of their own” and further makes claims of delivering the highest success rate across the country, even among failed IVF cases. While the advertiser makes assertions regarding their success rate, they did not submit any exhaustive data in support of their claim of their success rate at a National level. Examples of nine cases was not considered to be an adequate claim support data representative enough to claim success in failed IVF cases. In the absence of exhaustive claim support data, the CCC concluded that the claim, “Delivering highest success rate across the Country”, was not substantiated with verifiable comparative data versus other similar clinics in the same category or any third party validation or research to prove this claim. The claim, “High Success rate even in failed IVF cases”, was not adequately substantiated with supporting data. Also, the claims are misleading by gross exaggeration and implication of assured child for childless couples. The CCC also considered the advertisement with reference to infertility “treatment” to be in violation of The Drugs & Magic Remedies regulations / The Drugs & Cosmetics Rules. The advertisement contravened Chapters I.1, I.4 and III.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Srikara Hospital"
PRODUCT:

COMPLAINT:

“No.1 Centre for OXINIUM Knee Replacements”

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objection raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date for this complaint. The CCC viewed the advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claim, “No.1 Centre for OXINIUM Knee Replacements”, was not substantiated with any verifiable comparative data versus other similar clinics in the same category or any third party validation or research, and is misleading by exaggeration. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Manjeeram Holistic Centre"
PRODUCT:

COMPLAINT:

“Provides treatment for any kind of diseases without any medicine”

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 they are not dealing with any medicines but are healing the patients with yogic therapy and breathing techniques. The CCC noted that the advertiser did not provide any details of the yogic therapy and treatment procedure by breathing techniques. There was no evidence provided to prove authenticity of the treatment or qualifications of the Yogic Master. In the absence of claim support data, the CCC concluded that the claim, “Provides treatment for any kind of diseases without any medicine”, was not substantiated with supporting clinical evidence, and with treatment efficacy data among patients, and is misleading by gross exaggeration. The advertisement contravened Chapters I.1and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"NRI Academy (HYD) – NRI Academy"
PRODUCT:

COMPLAINT:

“Guarantee the Engineering, IIT, NIT, BITS PILANI, Medical seats”

NATURE OF COMPLAINT:

Recommendation: UPHELD

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

 

COMPANY:"Vision 40 IIT Academy"
PRODUCT:

COMPLAINT:

“Offer guaranteed seats for IIT-JEE and NEET”

NATURE OF COMPLAINT:

Recommendation: UPHELD

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

 

COMPANY:"Kudos Laboratories India Limited"
PRODUCT:"V-1 Capsules and Jointment"

COMPLAINT:

"1. First time the most cheapest solution for joint pains in India 2. The central ministers praising the product 3. Claims that it does not have side effect 4. Lacs of people have accepted the tablet. 5. Government of India letter endorsing the product”"

NATURE OF COMPLAINT:

"1.How can the company says that this is the cheapest medicine? No data given or survey conducted to support the claim. There are medicines priced cheaper then this. Also saying that Rs. 5 tablet gives a wrong impression. Nowhere it says how many tablets one has to consume daily. 2. How can central government ministers endorse this particular product and how can a private limited company use this for advertising? 3. Also how can Government issue a letter endorsing the product and give permission to use it for advertising. This is grossly unethical on government part. 4. How can company claim that lacs of people have accepted it? 5. Are there clinical trials conducted to ensure that there are no side effects. 6. The product website have overstated claims on the benefits of product.”"

Recommendation: UPHELD

"The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek a personal hearing and submitted their written response post the due date. As claim support data, the advertiser provided a license copy of the product, and a letter issued by fthe Minister Shripad Naik. Subsequently, ASCI sought feedback from the Central Council for Research in Ayurvedic Sciences (CCRAS) if they have approved the specific product claims in the advertisement, to which no response was received from them. The claim support data was reviewed by the technical expert of ASCI. The CCC viewed the print advertisement and considered the Advertiser’s response as well as the opinion of the Technical expert presented at the meeting. The CCC noted that the advertiser has made several assertions about their product, but no data was submitted to substantiate the claims made. The license copy of V1 tablet states, “Clinical trial not required” while the same has not been stated for V1 Jointment. No proof was provided that the claims in the advertisement have been approved by the CCRAS. The letter by the Minister has CCRAS reference only to the extent that AYUSH SG has been developed by CCRAS and it may be given safely to people suffering from Arthritis. The CCC concluded that the claim, “First time the most cheapest solution for joint pains in India”, was not substantiated with comparative data versus other similar products in the same category”. Claim, “Does not have side effect”, was considered to be an absolute claim and was not substantiated with clinical evidence. “Claim, “Lacs of people have accepted the tablet” was not substantiated with supporting data. Also, the claims are misleading by gross exaggeration. Claims referring to The central ministers praising the product, and Government of India letter endorsing the product”, were misleading by ambiguity and were in violation of the Emblems and Names (Prevention of Improper Use) Act. The testimonials used in the advertisement imply cure from arthritis and were in contravention of the Drugs & Magic Remedies Act – Item 43. The advertisement contravened Chapters I.1, I.4 and III.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Jeewan Jyoti Pharmacy Pvt. Ltd"
PRODUCT:"Health Sun Range Of Products"

COMPLAINT:

"“1. If you are thin then don't be sad, Health sun capsules and powder helps to eliminate your thinness , Repairs blood circulation and helpful in increasing weight by removing lack of mental and physical development . 2. This is trusted certified Ayurvedic Medicine and is fully safe. 3. Increase body weight not fat. 4. Health sun capsules and powder helps to eliminate your thinness and Repairs blood circulation and bring body in shape and beautiful”"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objections raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date for this complaint. The CCC viewed the advertisements. In the absence of comments from the Advertiser, the CCC concluded that the claims, “If you are thin then don't be sad, Health sun capsules and powder helps to eliminate your thinness Repairs blood circulation and helpful in increasing weight by removing lack of mental and physical development”, “Increase body weight not fat”, and “Health sun capsules and powder helps to eliminate your thinness and Repairs blood circulation and bring body in shape and beautiful”, were not substantiated with supporting clinical evidence of product efficacy. Claim, “This is trusted certified Ayurvedic Medicine and is fully safe”, was not substantiated with supporting data. Also, the claims are misleading by exaggeration. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Heinz India P. Ltd"
PRODUCT:"Complan"

COMPLAINT:

"Only Complan gives 3 times more (3 guna Zyada) As every glass of Complan has 34 vital nutrients, 2 glass of milk protein (2X Milk Protein) because of which children grow/develop the most. The disclaimers in the advertisement are not in the same language as the voice over."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The advertiser representatives were given personal hearing by ASCI, at which time the advertiser shared the rationale for the claims made in the advertisement. They also informed that the TVC would be modified within a week and they would go in for informal resolution of the complaint. Subsequently, the advertiser submitted their written response with a copy of the revised storyboard. They submitted data for the disclaimer ""DIAAS % of milk in comparison to wheat which is almost 3 times that of wheat; i.e. 122 vs 40; Ref FAO-Dietary Protein Quality Evaluation in Human Nutrition 2013 pg 44"" which is proposed to be included to support for the claim, ""Sirf Complan Mein Hai 3X Zyada"" made in the revised TVC. ASCI informed the advertiser that the proposed changes would not be acceptable for an Informal Resolution option as the advertiser wishes to retain the ""Only"" and ""3 guna jyaada"" claim and also include new disclaimer. For the TVC complained against advertiser response states that when the “Ab aadha nahi 3 guna zyada” plays out, there is a disclaimer “Compared to leading health drinks on all 3 parameters based on Complan’s Triple Action Milk Protein formula.” i.e. “guna” referring to parameters. The CCC did not agree with this argument as “guna” means “times” (in terms of magnitude). The claim “only complan gives 3 times more” was considered to be misleading. For the claim “As every glass of Complan has 34 vital nutrients, 2 glass of milk protein (2X Milk Protein) because of which children grow/develop the most.” The advertiser did not provide substantiation in support of “maximum” growth and offered to modify this claim. The CCC concluded that the claims, “Only Complan gives 3 times more (3X Zyada)”, “As every glass of Complan has 34 vital nutrients, 2 glass of milk protein (2X Milk Protein) because of which children grow/develop the most”, were not substantiated and are misleading by ambiguity and implication. The TVC contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Asian Paints Ltd "
PRODUCT:"Smart Care Solutions "

COMPLAINT:

“Warranty wala waterproofing.”

NATURE OF COMPLAINT:

“This add shows person throwing large amount of water but the waterproofing is strong enough to contain the dampening/seepage. This clearly shows the product is built to withstand active leakage. The company also provides warranty for the same. However in reality, whenever the product fails to contain seepage/dampening, the company rejects the warranty claims saying active leakage is not covered in warranty. This is also mentioned in the invoice which is issued after full payment and completion of the job. This add is deceiving people to believe that the product is capable of containing leakage/dampening with active leakage. In reality company will honor warranty only when there is no active leakage. If there is no active leakage why will there be dampening/seepage. Thus the warranty is fake and is just for befooling customers to fall in the trap of company.”

Recommendation: UPHELD

"The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek a personal hearing and submitted their written response. Advertiser states that the warranty covers eventualities of seepage, dampness and leakage, stipulates the conditions in which the warranty shall apply and specifies the cases in which the warranty shall not apply. The term “active leakage” as mentioned in the said complaint does not feature anywhere in the said advertisement, the product literature, invoice or the warranty document of the company. The CCC viewed the TVC provided by the complainant and considered the Advertiser’s response. The CCC noted that the TVC has the claim, “Warranty wala waterproofing”, which is misleading by omission. The TVC does not indicate or provide reference to criteria under which the claim holds / does not hold. The TVC contravened Chapter I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Trophic Wellness Pvt. Ltd"
PRODUCT:"Nutricharge –Man Tablet"

COMPLAINT:

"“Claims: 1. Helps meet daily needs of Vitamins and Minerals 2. Provides 35 vitamins, minerals, amino acids and antioxidants 3. Provides most vital nutrients in required quantity to prevent nutritional deficiencies, helps to maintain function and structure of various organ systems and may be beneficial for cardiovascular health and in diabetes. 4. not harmful for a person with diabetes. 5. Works specifically for correcting dietary deficiencies only and does not increase weight 6. Non habit forming 7. May be beneficial if you are on a special diet or dieting as it provides valuable vitamins, minerals and amino acids which you may not get from your strict diet."

NATURE OF COMPLAINT:

“1. Claims 1- 8 and 11 need to be substantiated with independent studies and certified by independent competent authority. 2. How does it claim to provide most vital nutrients in required quantity to prevent nutritional deficiencies? Total nutrition is resultant of all food/supplement as well as lifestyle of a person among other factors. 3. How does it specifically help to maintain function and structure of various organ systems and is claimed to be beneficial for cardiovascular health and in diabetes? These are dependent on many factors including food, lifestyle, and health of a person. 4. Claims to be non habit forming and advised to be taken for long period. Are there any adverse side effects of taking over a long period, without medical consult or of taking an over-dosage? 5. Ref Claim 8, special diet is planned as required taking into consideration the lifestyle, diet, activity levels or any specific condition. Won’t adding this product without medical consult disrupt the balance? 6. Ref claim 11. This compels consumers psychologically to buy and consume another highly priced product of the company. 7. Footnote states that “these statements have not been evaluated by the Food and Drug Administration”. Then who has evaluated them? Why has it not been approved by FDA? 8. The other footnote mentions “these products are not intended to diagnose, treat, cure or prevent any disease”. However, the product claims to help to maintain function and structure of various organ systems and to be beneficial for cardiovascular health and in diabetes. These are contradictory statements. Please explain. According to us, this contravenes Chapter 1.1 and 1.4 of ASCI code. Action we propose this advertisement should be immediately withdrawn..”

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the grievances of the complainant. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date for this specific complaint. The CCC viewed the website advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claims, “Helps meet daily needs of Vitamins and Minerals”, “Provides 35 vitamins, minerals, amino acids and antioxidants”, “Provides most vital nutrients in required quantity to prevent nutritional deficiencies, helps to maintain function and structure of various organ systems and may be beneficial for cardiovascular health and in diabetes”, “not harmful for a person with diabetes”, “Works specifically for correcting dietary deficiencies only and does not increase weight “, “Non habit forming”, “May be beneficial if you are on a special diet or dieting as it provides valuable vitamins, minerals and amino acids which you may not get from your strict diet”, were not substantiated with clinical evidence or proof of efficacy for the product, and are misleading by exaggeration. The website advertisement contravened Chapters I.1 and I.4 of the ASCI Code. This complaint was UPHELD. Footnote: “these statements have not been evaluated by the Food and Drug Administration”, Footnote: “these products are not intended to diagnose, treat, cure or prevent any disease”, were not considered to be objectionable. These complaints were NOT UPHELD."

 

COMPANY:"Trophic Wellness Pvt. Ltd"
PRODUCT:"Nutricharge Prodiet"

COMPLAINT:

"“Contains high quality Soy protein isolate from DuPont USA, dietary fiber from Matsutani, Japan and cocoa from Belgium” “Take 1 tablet of Nutricharge Man with 1 glass of Nutricharge ProDiet shake, in the morning to fulfill your daily needs of Protein, Vitamins, Minerals and Fiber” “Who can consume: Man of age 12 years and above Dosage: 1 scoop in a glass of milk daily” Footnote: “These statements have not been evaluated by the Food and Drug Administration” Footnote: “These products are not intended to diagnose, treat, cure or prevent any disease” FAQ: “being an excellent source of protein can be taken daily in recommended dose to help fill the gap in our protein nutrition” FAQ: “provides hi-quality purified and processed soya protein which may help enhance physical strength and boost immunity. For getting all key minerals and vitamins adults should take one tablet of Nutricharge Man/ Woman also daily.” FAQ: “an excellent supplement containing high quality protein besides iron, folic acid and calcium” FAQ: “Taking excess amounts may cause flatulence. Kidney patients should consult their doctor before taking it. People suffering from Gout cannot take it”"

NATURE OF COMPLAINT:

"Objections: Claims 1 and 7 - 9 need to be substantiated with independent studies and certified by independent authority Ref claim 2 and 8. This compels the consumer psychologically to buy and consume another highly priced product of the company. Grossly misleading How does it claim to fill the gap in protein nutrition? Nutrition depends on food/supplement intake and physiology, metabolic activity of a person etc How does it claim that it provides hi-quality soya protein which helps enhance physical strength and boost immunity? These depend on factors like food, lifestyle, and health Claim 11: These adverse side effects are not stated clearly in the product information. This vital and most important information is hidden away in the FAQs section. Grossly misleading, can lead to harmful side effects on consumption Are there any other adverse side effects of consuming it? What are the effects of long tern use? Ref claim5. Then who has evaluated them? Why has it not been approved by FDA? Ref claim 6. However, the product claims to help to maintain function and structure of various organ systems and to be beneficial for cardiovascular health and in diabetes. These are contradictory statements According to us, this contravenes Chapter 1.1 and 1.4 of ASCI code. Action we propose ? This advertisement should be immediately withdrawn"

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the grievances of the complainant. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date for this specific complaint. The CCC viewed the website advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claim, “Contains high quality Soy protein isolate from DuPont USA, dietary fiber from Matsutani, Japan and cocoa from Belgium”, “Take 1 tablet of Nutricharge Man with 1 glass of Nutricharge ProDiet shake, in the morning to fulfill your daily needs of Protein, Vitamins, Minerals and Fiber” , FAQ: “being an excellent source of protein can be taken daily in recommended dose to help fill the gap in our protein nutrition”, FAQ: “provides hi-quality purified and processed soya protein which may help enhance physical strength and boost immunity. For getting all key minerals and vitamins adults should take one tablet of Nutricharge Man/ Woman also daily”, FAQ: “an excellent supplement containing high quality protein besides iron, folic acid and calcium”, were not substantiated with supporting proof, and is misleading. The website advertisement contravened Chapters I.1 and I.4 of the ASCI Code. This complaint was UPHELD. Usage instruction, “Who can consume: Man of age 12 years and above Dosage: 1 scoop in a glass of milk daily”, Footnote: “These statements have not been evaluated by the Food and Drug Administration”, Footnote: “These products are not intended to diagnose, treat, cure or prevent any disease”, FAQ: “Taking excess amounts may cause flatulence. Kidney patients should consult their doctor before taking it. People suffering from Gout cannot take it”, were not considered to be objectionable. These complaints were NOT UPHELD."

 

COMPANY:"Trophic Wellness Pvt. Ltd"
PRODUCT:"Nutricharge Kids"

COMPLAINT:

"“1. For the first time in India a special chocolate flavored supplement for children that contains 49 nutrients. 2. 3 type of protein, 15 vitamins, 14 minerals, fiber, 10 botanicals other macromolecules, 3 pre-pro biotics and 2 amino acids. 3. It helps in improving brain development, boost immunity and promote growth. 4. Who can consume: Children of age between 2-12 years 5. Dosage: One scoop in a glass of milk twice a day 6. FAQs: “Nutricharge Kids is designed for kids below age 14 hence it may be as helpful with a child aged 16 years” 7. FAQs: Nutricharge Kids should be given in the morning after breakfast 8. Footnote: *These statements have not been evaluated by the Food and Drug Administration 9. Footnote: *These products are not intended to diagnose, treat, cure or prevent any disease.”"

NATURE OF COMPLAINT:

"“1. How does Nutricharge Kids claim that it helps in improving brain development, boost immunity and promote growth? Please substantiate with independent studies which have proven the safety and efficacy of the product. 2. What are the 49 nutrients that it claims to contain? Aren’t these nutrients available to kids from a balanced diet? 3. Why is it recommended for healthy children? 4. How different is it from other milk supplements available in the market for children? 5. Does one need to consult a doctor before giving it to their children? 6. The dosage says “One scoop in a glass of milk twice a day” while in the FAQs it is mentioned “Nutricharge Kids should be given in the morning after breakfast”. These are contradictory statements and would confuse a consumer. Please advise. 7. In the description of the product it is mentioned that children of age between 2-12 years can consume it. In the FAQs it is written “Nutricharge Kids is designed for kids below age 14 hence it may be as helpful with a child aged 16 years”. These are inconsistent statements made by the company to confuse consumers. 8. Footnote states that “these statements have not been evaluated by the Food and Drug Administration”. Then who has evaluated them? Why has it not been approved by FDA? 9. The other footnote mentions “these products are not intended to diagnose, treat, cure or prevent any disease”. But the product also claims that it is energy revitalizing beverage and one can consume it when one feels low on energy, de-hydrated, refreshment and thirst. These are contradictory statements. Please explain. 10. Claims 1-3 need to be substantiated with independent data According to us, this contravenes Chapter 1.1 and 1.4 of ASCI code Action to be taken: We propose that the content should be immediately withdrawn.Action we propose - This Advt Should be immediately withdrawn.”"

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the grievances of the complainant. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser representatives did not seek personal hearing. The CCC also noted that no response was received from the advertiser prior to the due date for this specific complaint. The CCC viewed the website advertisement. In the absence of comments from the Advertiser, the CCC concluded that the claims, “For the first time in India a special chocolate flavored supplement for children that contains 49 nutrients”, “3 type of protein, 15 vitamins, 14 minerals, fiber, 10 botanicals other macromolecules, 3 pre-pro biotics and 2 amino acids.”, were not substantiated with supporting data. Claim, “It helps in improving brain development, boost immunity and promote growth”, was not substantiated with evidence of product efficacy. Also, the claims are misleading by exaggeration. The website advertisement contravened Chapters I.1 and I.4 of the ASCI Code. This complaint was UPHELD. Usage instruction, “Who can consume: Children of age between 2-12 years”, “Dosage: One scoop in a glass of milk twice a day”, FAQs: “Nutricharge Kids is designed for kids below age 14 hence it may be as helpful with a child aged 16 years”, “FAQs: Nutricharge Kids should be given in the morning after breakfast”, “Footnote: *These statements have not been evaluated by the Food and Drug Administration”, “Footnote: *These products are not intended to diagnose, treat, cure or prevent any disease”, were not considered to be objectionable. These complaints were NOT UPHELD."

 

COMPANY:"Positive Homeopathy"
PRODUCT:

COMPLAINT:

"Get rid of from Piles/Fissures/Fistula."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Piles and Fistulae Item no. 42- Schedule J"

 

COMPANY:"Sks Ayurveda Impex Pvt Ltd"
PRODUCT:"SKS Height Plus"

COMPLAINT:

"1. With the use of this medicine you will improve your height in just 90 days of usage. 2. The visual in the ad read in conjunction with the claim objected to implies that the product is meant for increasing height."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Stature of person Item no. 47- DMR Act Improvement in height of children/ adults Item no. 29-Schedule J"

 

COMPANY:"Cosmo Vedant Herbal India"
PRODUCT:"Vedantak Vati"

COMPLAINT:

"1. Sure shot medicine for arthritis 2. Get rid of arthritis."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Rheumatoid Arthritis Item no. 43 – DMR Act"

 

COMPANY:"Reva Health & Skin"
PRODUCT:

COMPLAINT:

"How to decrease the belly fat? Treatement Process- In the process of decreasing fat….body's central part such as obesity"

NATURE OF COMPLAINT:

Recommendation: UPHELD

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

 

COMPANY:"Vardhan Ayurveda Hospital"
PRODUCT:

COMPLAINT:

"Treatment with best results through proven methods - Spondylitis"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Spondylitis Item No. 48- Schedule J"

 

COMPANY:"Sanjeevani Welfare Foundation"
PRODUCT:"Sanjeevani Foundation"

COMPLAINT:

"Successful treatment for, Asthma, diabetes, venereal diseases through ayurved."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Bronchial Asthma Item No. 7- Schedule J Diabetes- Item no. 9- DMR Act Item no. 14 – Schedule J Venereal diseases Item no. 54- DMR Act"

 

COMPANY:"Khodiyar Ayurvedic"
PRODUCT:

COMPLAINT:

"1. Cure chronic Haemorrhoids, Piles, Fistula, Fissure without operation from the roots through herbs and ayurvedic medicine with moneyback guarantee. 2. 100% money back guarantee for giving child to childness couple."

NATURE OF COMPLAINT:

"1. Cure chronic Haemorrhoids, Piles, Fistula, Fissure without operation from the roots through herbs and ayurvedic medicine with moneyback guarantee. 2. 100% money back guarantee for giving child to childness couple."

Recommendation: UPHELD

"Piles and Fistulae Item no. 42- Schedule J Sterility in Women Item No.48- DMR Act"

 

COMPANY:"S B Ayurvedic Speciality Hospital"
PRODUCT:

COMPLAINT:

"In ayurveda there are excellent medicines for sexual problems arising due to Diabetes, High Blood pressure, Neurological disorders. In ayurveda, especially Vajikarna medicine are used to treat sexual problems and which in turn resolves infertility problems also. By using Ayurveda medicines four to six months, Sexual and Infertility problems can be resolved."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Maintenance or improvement of the capacity of the human being for sexual pleasure – Item no. 36 – Schedule J Sterility in Women Item No.48- DMR Act"

 

COMPANY:"Star Ayurveda"
PRODUCT:"Star Homeopathy"

COMPLAINT:

"Cervical Spondylitis, Arthritis, Piles, Fissures, Fistula, Kidney Stones- No Operation, No Pain Killers Claims imply cure from these conditions"

NATURE OF COMPLAINT:

Recommendation: UPHELD

""Spondylitis Item No. 48- Schedule J Rheumatism Item No.43- DMR Act Kidney Stone Item No.22- DMR Act Item No.50- Schedule J Piles and Fistulae Item no. 42- Schedule J""

 

COMPANY:"Star Ayurveda "
PRODUCT:"Star Homeopathy"

COMPLAINT:

"Solution without operation for chronic diseases like piles, fissure, fistula, Spondylitis , Stones in Kidney"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Piles and Fistulae Item no. 42- Schedule J Spondylitis Item No. 48- Schedule J Kidney Stone Item No.22- DMR Act Item No.50- Schedule J"

 

COMPANY:"Testo Ultra"
PRODUCT:

COMPLAINT:

"Claim objected to: INCREASE MEMBER TO 4-8 CM IN 2 WEEKS Complaint: Penis enlargement pills The visual in the ad read in conjunction with the claim objected to implies that the product is meant for improvement in the size of sexual organ."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Improvement in size and shape of the sexual organ and in duration of sexual performance. Item no. 30- Schedule J"

 

COMPANY:"Perfect Point"
PRODUCT:

COMPLAINT:

"Now put your first step to get freedom from diseases like obesity, blood pressure, diabetes and heart diseases."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Obesity Item no-38-DMR Act Item no. 39-Schedule J High/ Low Blood Pressure Item no. 27- DMR Act Item no. 25- Schedule J Diabetes- Item no. 9 – DMR Act Item no. 14- Schedule J Heart Diseases Item no. 26- DMR Act"

 

COMPANY:"Perfect Point"
PRODUCT:

COMPLAINT:

"Reduce Belly Fat.. - And get Relief from problems like Obesity, Blood Pressure, Diabetes and heart diseases."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Obesity Item no-38-DMR Act Item no. 39-Schedule J High/ Low Blood Pressure Item no. 27- DMR Act Item no. 25- Schedule J Diabetes- Item no. 9 – DMR Act Item no. 14- Schedule J Heart Diseases Item no. 26- DMR Act"

 

COMPANY:"Ambe Physio Hospital"
PRODUCT:

COMPLAINT:

"Successful treatment of following diseases - Cervical - Paralysis - Arthritis"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Spondylitis Item No. 48- Schedule J Paralysis Item no. 39- DMR Act Item no. 40- Schedule J Rheumatoid Arthritis Item no. 43 – DMR Act"

 

COMPANY:"Hcg Regency Oncology Healthcare Private Limited"
PRODUCT:

COMPLAINT:

"Previous accurate diagnosis is essential for successful treatment of cancer. Claim is misleading by implication of cancer cure"

NATURE OF COMPLAINT:

Recommendation: UPHELD

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

 

COMPANY:"Super Speciality Hospital"
PRODUCT:

COMPLAINT:

"1. Freedom from Obesity. 2. The before and after Visuals in the advertisement read in conjunction with the claim objected to implies cure from obesity."

NATURE OF COMPLAINT:

Recommendation: UPHELD

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

 

COMPANY:"Mithal Cancer Center Enterprise"
PRODUCT:

COMPLAINT:

"Treatment of cancer is possible"

NATURE OF COMPLAINT:

Recommendation: UPHELD

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

 

COMPANY:"Keya Fertility"
PRODUCT:

COMPLAINT:

"This Year Over 300 Of Our Patients Will Be Smiling Too. Trying to conceive? Convert hope into success"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Sterility in Women Item No.48- DMR Act"

 

COMPANY:"Akshar Surgical Hospital"
PRODUCT:

COMPLAINT:

"Benefits of Obesity Surgery: - Cures Diabetes -Get rid of Heart Diseases"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Obesity Item No.39- Schedule J Item No.38- DMR Act Diabetes- Item no. 9 – DMR Act Item no. 14- Schedule J Heart Diseases Item no. 26- DMR Act"

 

COMPANY:"Saaol Heart Centre"
PRODUCT:

COMPLAINT:

"Freedom from Heart diseases without operation, without surgery, without bypass, without Angioplasty."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Heart Diseases Item no. 26- DMR Act"

 

COMPANY:"R K Hospital"
PRODUCT:

COMPLAINT:

"Complete treatment for infertility"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Sterility in Women Item No.48- DMR Act"

 

COMPANY:"Bhola Hospital "
PRODUCT:

COMPLAINT:

"Freedom from stones without surgery."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Kidney Stone Item No.22- DMR Act Item No.50- Schedule J"

 

COMPANY:"Vansh Clinic & Test Tube Baby center"
PRODUCT:

COMPLAINT:

"Successful treatment of childless couples through Scientific method."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Sterility in Women Item No.48- DMR Act"

 

COMPANY:"Shree Laser Hair & Skin Hospital Private Limited"
PRODUCT:

COMPLAINT:

"Any Type of Complicated and non-Curable diseases can be Cured- Like Leucoderma, up to Hepatitis 'B' and Cancer in Stage I & II"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Leucoderma Item No.35- Schedule J Item No.33- DMR Act Hepatitis Item No.33- Schedule J Cancer Item No.6- DMR Act Item No.8- Schedule J"

 

COMPANY:"Medicover Fertility"
PRODUCT:

COMPLAINT:

"Childless couples’ dream to have a healthy baby can now be fulfilled"

NATURE OF COMPLAINT:

Recommendation: UPHELD

""Sterility in Women Item No.48- DMR Act""

 

COMPANY:"BHARTI AIRTEL LIMITED"
PRODUCT:"Airtel 4G"

COMPLAINT:

"Fast Track Complaint received against the TV Commercial and Website/Internet advertisement of “Bharti Airtel Ltd”, from Reliance Jio Infocomm Limited. Complaint against TV Commercial “Airtel proclaiming that they are “India’s fastest network”. The URL of the said TV advertisement is as follows: https://youtu.be/C2ljgmPLapQ The claim of Airtel that it is India’s fastest network is false, misleading and incorrect. This claim is being made by Airtel acting in a mala fide manner in collusion with Ookla, LLC who profess to be experts in the domain space of testing mobile internet speed. The advertisements released by Airtel are on the basis of a so-called award dated 24 February 2017, issued by Ookla LLC, operator and owner of the website www.speedtest.net naming Airtel as “India’s Fastest Mobile Carrier”. A copy of this award is annexed hereto as Annexure 2. Enclosed is a copy of the legal notice dated 20 March 2017 issued to Ookla, LLC by our lawyers Khaitan & Co. on our behalf in this regard. This legal notice makes it abundantly clear the fact that the claim of Airtel is not true, and is misleading, and has been made:- • with the knowledge that the methodology adopted to determine the mobile internet speed was completely flawed (this has been accepted by Ookla, LLC in correspondence with us) • the speeds that are being attributed to Airtel’s network may not necessarily relate to their network at all (as is demonstrated in the video contained in the USB) • the very same technology provider Ookla, LLC represented to RJIL that RJIL’s network was the fastest in Q2 and Q3 of 2016. Please find enclosed 12 URL links (Annexure 3) posted on YouTube by independent persons clearly showing that though the network, the speed of which is tested, is that of RJIL, the results of the speed test is attributed to and shown as that of Airtel. This is proof enough that the test methodology is flawed and the results are unreliable, and Airtel has been making false and misleading claims in its advertisements, with full knowledge that the claims made in its advertisements are based on flawed methodology and are false. Airtel is the dominant player in the telecom space in India and is in existence since the last 22 years. Airtel cannot claim ignorance of the methodology used by Ookla LLC to determine the speed. Without prejudice to the above, in any event, the way the award is being projected misleads the public into believing that Airtel has the fastest network, today, that is when the advertisements are being aired / published. It is undisputed that the award pertained to a period namely Q3 and Q4 of the year 2016. Assuming without admitting, even if Ookla LLC’s certificate is correct, it dates to a period in 2016 and that cannot be the basis on which Airtel may declare itself in any manner to be the fastest network at the time of airing / publishing of the advertisement, that is, 2017.” Complaint against Website/Internet advertisement “Airtel proclaiming that they are “Officially the fastest network”. The URL for the said webpage is as follows: https://www.airtel.in/fastestnetwork/ The claim of Airtel that it is India’s fastest network is false, misleading and incorrect. This claim is being made by Airtel acting in a mala fide manner in collusion with Ookla, LLC who profess to be experts in the domain space of testing mobile internet speed. The advertisements released by Airtel are on the basis of a so-called award dated 24 February 2017, issued by Ookla LLC, operator and owner of the website www.speedtest.net naming Airtel as “India’s Fastest Mobile Carrier”. A copy of this award is annexed hereto as Annexure 2. Enclosed is a copy of the legal notice dated 20 March 2017 issued to Ookla, LLC by our lawyers Khaitan & Co. on our behalf in this regard. This legal notice makes it abundantly clear the fact that the claim of Airtel is not true, and is misleading, and has been made:- • with the knowledge that the methodology adopted for to determine the mobile internet speed was completely flawed (this has been accepted by Ookla, LLC in correspondence with us) • the speeds that are being attributed to Airtel’s network may not necessarily relate to their network at all (as is demonstrated in the video contained in the USB) • the very same technology provider Ookla, LLC represented to RJIL that RJIL’s network was the fastest in Q2 and Q3 of 2016. Please find enclosed 12 URL links (Annexure 3) posted on YouTube by independent persons clearly showing that though the network, the speed of which is tested, is that of RJIL, the results of the speed test is attributed to and shown as that of Airtel. This is proof enough that the test methodology is flawed and the results are unreliable, and Airtel has been making false and misleading claims in its advertisements, with full knowledge that the claims made in its advertisements are based on flawed methodology and are false. Airtel is the dominant telecom operator in India in existence for the last 22 years. Airtel cannot claim ignorance of the methodology used by Ookla for determination of the speed. Further, your attention is drawn to the words appearing in the advertisement “Officially The Fastest Network”. Ookla, LLC, is a commercial enterprise who give awards for money. They do not have any accreditation from the government of India. The word “officially” when used in the context of telecom services is linked to only TRAI and DOT in the minds of general public. The use of this word deceives the telecom consumer into believing that the certification is from the telecom regulator namely TRAI or the licensor namely DOT. Airtel, as a dominant player in the Indian telecom market for the last 22 years, cannot plead ignorance to the implication of and undue advantage it will gain by use of such word. Thus, Airtel has wilfully, deliberately and knowingly misled the Indian public. Without prejudice to the above, in any event, the way the award is being projected misleads the public into believing that Airtel has the fastest network, today, that is when the advertisements are being aired / published. It is undisputed that the award pertained to a period namely Q3 and Q4 of the year 2016. Assuming without admitting, even if Ookla LLC’s certificate is correct, it dates to a period in 2016 and that cannot be the basis on which Airtel may declare itself in any manner to be the fastest network at the time of airing / publishing of the advertisement, that is, 2017. In its webpage, Airtel has sought to disclaim that its statements regarding its services do not constitute any general representation. However, this disclaimer is of no consequence.”"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The Complainant as well as the Advertiser’s representatives were given a personal hearing with the Technical expert and the Secretary General to present their case. The details of the complaint and the advertiser’s response was taken into consideration. The FTCC viewed the Ad –TVC, web-site and noted the Advertiser’s response. The FTCC referred to the terms and conditions (https://www.airtel.in/fastestnetwork/download/terms-and-conditions-fastest-network-ookla.pdf) and noted the following clauses which were considered to be in contravention of the ASCI Guidelines on Disclaimers, Clause I because it renders the principle claim of the TVC being the “Fastest Network” null and void. The specific clauses are - “….. 4. Airtel has no liability whatsoever in respect of any claims or disputes and any resulting damages or losses, whether direct or indirect, relating to the customers’ use of the network. 5. Airtel makes no warranties or representations whatsoever in respect of the mobile services including as to its fitness for any particular purpose, merchantability, quality, availability, disruption or error free operation. 6. Please note that the statements in these terms and conditions do not constitute any general representation from Airtel regarding Airtel’s services or its availability. Airtel’s network is available on an ‘as is where is available’ basis and Airtel makes no representation, guarantee or warranty regarding the availability, fitness for any specified purpose or error free operation of the network. Network availability may be affected due to various reasons including force majeure, acts of god, inclement weather, topographical/ geographic/ demographic factors, maintenance work, availability of interconnection with other networks, etc.” Furthermore, the TVC does not state in the claim itself that the speed results pertain to only a specific period. (i.e. “The period taken to conduct speed test is from Q3-Q4 2016”.) The FTCC noted that the claim by the advertiser is not specific to 4G technology whereas the TVC has visuals with reference to 4G. The speed comparison visual also has a reference to 4G in the notification bar and shows poor signal strength for the other service provider. The FTCC considered this representation to be misleading by ambiguity and implication. While the advertiser submitted an Ookla certificate, they did not provide an explicit test methodology to substantiate that the method is robust to capture that the sample; and is representative and comparable across operators, geographies and consumers. The FTCC referred to the TRAI web-site with respect to the coverage of Airtel vis a vis Reliance Jio and noticed that there is a significant gap between Geographical dispersion of Airtel and Jio 4G subscribers which could impact the comparison. Based on this data, the FTCC concluded that the claim was not adequately substantiated and the basis of comparison has been so chosen as to bestow artificial advantage to the advertiser. The FTCC also considered the term “Officially” to be misleading as this test is not based on any government organization or recognized authority such as TRAI in this category and hence, exploits consumers’ lack of knowledge. The TVC and web-site advertisement contravened Chapters I.1, 1.4, I.5 and IV.1(b) of the ASCI Code as well as ASCI Guidelines on Disclaimers Clause I. The complaint was UPHELD."

 
 

 

 
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