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Advertising with a Conscience

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CCC Recommendations
 

COMPANY:"Shree Baidyanath Ayurved Bhawan Pvt. Ltd"
PRODUCT:"Kabja Har Ayurvedic Laxative"

COMPLAINT:

“Say bye to constipation”, “Natural”, “Safe”, “Effective”

NATURE OF COMPLAINT:

1. Claim 1 and 4 should be substantiated with independent research data and certified by competent authority. 2. Has the product been approved by any National/International Regulatory Authority? 3. Have the results been confirmed by an Independent Agency? 4. How long does it take for product to show results? What conditions are required for this? 5. How long does the effect lasts? What conditions are required for this? 6. Is the treatment safe for all patients? Does one require taking it under doctor’s supervision? 7. How long can one take this product? 8. What happens when one stops using this product? According to us, the advertisement contravenes Chapter 1.1 and 1.4 of ASCI code. Action to be taken: We propose that the advertisement should be immediately withdrawn

Recommendation: NOT UPHELD

"The ASCI approached the advertiser for their response in addressing the grievances of the complainant. However, in the absence of response prior to the due date, the matter was examined by the CCC on the basis of the material available and an exparte decision was taken. On receiving the CCC recommendation, the advertiser submitted their written response. They were also provided with an opportunity to discuss their submission via personal meeting / telecon. Advertiser in their response stated that Kabjahar is natural, safe and effective, because it contains herbal ingredients which are natural, safe and effective and these facts are well documented in the standard text books of Ayurveda duly recognized by Ministry of AYUSH, Govt. of India, as well as are also referred in schedule 1 of Drugs and Cosmetics Act. Kabjahar has been used by Vaidyas on thousands of patients in their clinical practice since long time. On the basis of information given by them, it is concluded that Kabjahar is safe and effective by virtue of synergistic action of its time tested classical Ingredients.As claim support data, the advertiser provided article reference on “Anti-inflammatory, laxative and intestinal motility effects of Senna leaves”, Copy of manufacturing license, Approved formulation of Kabjahar, and Pack shots of Kabjahar.The claim support data provided by the advertiser was reviewed by the technical expert of ASCI. The CCC viewed the print advertisement and considered the Advertiser’s response as well as the opinion of the Technical expert presented at the meeting. The CCC observed that the product is a licensed Ayurvedic product with specific claims permitted based on Ayurvedic and known attributes of the ingredients. The claims are general in nature and permissible based on ingredients and the composition as commonly accepted for constipation. Based on this data, the CCC concluded that the claims, “Natural”, “Safe” and “Effective”, were substantiated. The CCC did not consider the tag line “Say bye to constipation” to be objectionable. The complaint was Not Upheld on re-examination."

COMPANY:"Hindustan Petroleum Corp (HP Petroleum)"
PRODUCT:

COMPLAINT:

“This is a standy placed in the petrol pump premises showing two wheeler riders without helmets. It's an ongoing campaign. Such displays promote unsafe practices and riding two wheeler without helmet is a punishable offence.”

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the grievances of the complainant and forwarded the details of the complaint, verbatim, to the advertiser with a request to respond to the same. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the Ad – Standy and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that the visual of “a rider and pillion rider on a two wheeler without helmet” as depicted in the Ad shows violation of traffic rules and also is an unsafe practice. The Ad – Standy contravened Chapters III.3 and III.4 of the ASCI Code. The complaint was UPHELD."

COMPANY:Perfect Point
PRODUCT:

COMPLAINT:

“Lose up to 7 cm in 1 session”,"Visual is misleading.”

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objection raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. Advertiser did not provide details of the treatment procedure for obesity treatment, nor any weight loss data based on rigorous trial on statistically significant number of patients. The CCC viewed the print advertisement and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that the claim, “Lose up to 7 cm in 1 session”, was not substantiated with supporting clinical evidence, and with treatment efficacy data, and is misleading by exaggeration. The visual in the advertisement implies a significant weight loss around tummy would be feasible, which is also grossly misleading. The advertisement contravened Chapters I.1and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Evaa Fertility and Gynaecology Centre"
PRODUCT:

COMPLAINT:

"“High success rate”,"Claim misleading by ambiguity"

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objection raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. Upon viewing the advertisement, and in the absence of any response or comments from the Advertiser, the CCC concluded that the claim, “High Success Rate”, was not substantiated with supporting verifiable data, and is misleading by ambiguity. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Bajoria Appliances Pvt. Ltd."
PRODUCT:"Kutchina Water Purifier"

COMPLAINT:

"1. Boosts immunity.2. Advanced AO Anti Oxidant technology that ensures anti oxidant rich water.3. Kutchina purifiers guarantee 100% healthy water."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objections raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the print advertisement and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that the claims, “Boosts immunity”, “Advanced AO Anti Oxidant technology that ensures anti oxidant rich water”, and “Kutchina purifiers guarantee 100% healthy water”, were not substantiated with supporting clinical / technical tests/trial reports, and are misleading by exaggeration. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"New Touch Skin Care New"
PRODUCT:"Touch Laser Center"

COMPLAINT:

“FDA approved” Claim is misleading by ambiguity

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objection raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the print advertisement and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that the claim, “FDA approved”, was not substantiated with supporting evidence and is misleading by ambiguity and exaggeration. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Smart GYM"
PRODUCT:

COMPLAINT:

“Get flat belly in 6 weeks” “The best weight loss course in India”

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objections raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. Advertiser did not provide the details of the weight loss course provided by them for weight reduction. The CCC viewed the print advertisement and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that the claim, “Get flat belly in 6 weeks”, was not substantiated with supporting data. The claim, “The best weight loss course in India”, was not substantiated with any verifiable comparative data of the advertiser’s institute and other similar institutes in the same category, or with any market survey data to prove this claim. The claims are misleading by exaggeration. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Oma Health and Beauty Clinic"
PRODUCT:

COMPLAINT:

“Reduce 40-60 cm in just 5 days” and “Guaranteed weight loss upto 5 kgs” Visuals are 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 had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. Advertiser did not provide details of the treatment procedure for weight reduction. The CCC viewed the print advertisement and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that the claims, “Reduce 40-60 cm in just 5 days”, and “Guaranteed weight loss upto 5 kgs”, were not substantiated with supporting clinical evidence, and with treatment efficacy data, and are misleading by exaggeration. Also, efficacy being depicted via images of before and after the treatment are misleading. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"ALS Satellite Education Private Limited"
PRODUCT:

COMPLAINT:

“India's Largest IAS Coaching Network”

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objection raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the print advertisement and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that the claim, “India's Largest IAS Coaching Network”, was not substantiated with any market survey data or with any verifiable comparative data of the advertiser’s institute and other similar institutes, or through a third party validation. The claim was misleading by exaggeration. The advertisement contravened the Guidelines for Advertising of Educational Institutions and Programs as well as Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Saraswati Educational & Cultural Society - IPSR Group Or Institutions"
PRODUCT:

COMPLAINT:

"1. 1st ranked institute for pharmacy & management. 2. 100% placement. 3. Scholarship and fee reimbursement for all students."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objections raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the print advertisement and in the absence of any comments or response from the advertiser, the CCC concluded that the claim, “1st ranked institute for pharmacy & management”, was not substantiated with any supporting verifiable data for the ranking as claimed in the advertisement and the methodology for the ranking. The claim is misleading by exaggeration and omission of the reference to the source of this data. Claim, “100% Placement”, was not substantiated with authentic supporting data such as detailed list of students who have been placed through their Institute, contact details of students for verification, enrolment forms and appointment letters received by the students, nor any independent audit or verification certificate. Also, the claim is misleading by exaggeration.Claim, “Scholarship and fee reimbursement for all students”, was not substantiated with supporting evidence of scholarships availed and fee reimbursement given to any of their students. The claim is false and misleading by ambiguity regarding the amount of scholarship and the total number of scholarships being offered.The advertisement contravened the 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:"Jankalyan Computer Saksharta Mission"
PRODUCT:

COMPLAINT:

“100% job placement”

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

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

 

COMPANY:"LNCT Group Of College"
PRODUCT:"Lakshmi Narain College Of Technology"

COMPLAINT:

“100% placement guarantee”

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

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

 

COMPANY:"LNCT Group Of College"
PRODUCT:"Lakshmi Narain College of Technology"

COMPLAINT:

““100% placement assurity”.”

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objection raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the print advertisement and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that the claim, “100% Placement Assurity”, was not substantiated with authentic supporting data such as detailed list of students who have been placed through their Institute, contact details of students for verification, enrolment forms and appointment letters received by the students, nor any independent audit or verification certificate. The claim is misleading by exaggeration. The 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:"Lakshmikanthammal Educational Trust"
PRODUCT:"R.M.K. College of Engineering and Technology"

COMPLAINT:

"1. Bharatiya vidya bhavan sponsored national award for the best engineering college for overall best performance 2015. 2. Dr. Kalam best faculty award best project award and young scientist awards. 3. Ranked No.1 among the top 20 engineering colleges in India with excellent industry exposure by higher education review magazine, 2017."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI had approached the advertiser for their response in addressing the objections raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat which they did not avail, but submitted their written response. Advertiser in their response stated that each awarding organizations has a set of standards and criteria to judge Educational Institutions. As per their examination and Judgement they make the awards. As claim support data, the advertiser provided copies of the award certificates as claimed in the advertisement.Upon carefully viewing the print advertisement, examining the complaint, and the response with the supporting data given by the advertiser, the CCC observed that the support data for claim, “Bharatiya vidya bhavan sponsored national award for the best engineering college for overall best performance 2015” was a certificate issued for an engineering college having best overall performance and not as “the best Engineering college”. “Dr. Kalam best faculty awards” were given by Dr Kalam Educational Trust in Chennai and the award claimed as “Best teaching faculty – 2016” was given for specific criteria, which was missing in the advertisement (e.g. “in recognition of the outstanding contribution to the promotion of scientific knowledge and skill for the development of student community”). The Advertiser did not provide the details of the process as to how the selection for the awards was done i.e. survey methodology, details of survey data, criteria used for evaluation, names of other similar colleges that were part of the survey and the outcome of the survey.The credibility and authenticity of the certifying bodies was not provided by the advertiser. The CCC concluded that the claims, “Bharatiya vidya bhavan sponsored national award for the best engineering college for overall best performance 2015”, “Dr. Kalam best faculty award, best project award and young scientist awards”, and “Ranked No.1 among the top 20 engineering colleges in India with excellent industry exposure by higher education review magazine, 2017”, were inadequately substantiated. The claims are misleading by ambiguity and omission of the exact information related to the awards and the date of the award for one claim. 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:"Radharaman Group Of Institutions"
PRODUCT:

COMPLAINT:

“No.1 Best Institute" for campus placement”

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objection raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser had,however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the print advertisement and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that the claim, “No.1 Best Institute for campus placement”, was not substantiated with any verifiable comparative data of the advertiser’s institute and other similar institutes, or through a third party validation. The claim was misleading by exaggeration. The advertisement contravened the Guidelines for Advertising of Educational Institutions and Programs as well as Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Regional College Of Management"
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 had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the print advertisement and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that the claim, “100% Placement”, was not substantiated with authentic supporting data such as detailed list of students who have been placed through their Institute, contact details of students for verification, enrolment forms and appointment letters received by the students, nor any independent audit or verification certificate. Also, the claim is misleading by exaggeration. The print advertisement contravened Guidelines for Advertising of Educational Institutions and Programs as well as Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Chiranjeevi Reddy Institute Of Engineering and Technology"
PRODUCT:

COMPLAINT:

“100% placement assistance” Misleading by implication

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objection raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the print advertisement and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that while the advertiser may be providing placement assistance to their students, the use of 100% numerical is not relevant for “placement assistance” claim. The use of “100%” as a descriptor in the claim is misleading by implication. The advertisement contravened Guidelines for Advertising of Educational Institutions and Programs as well as Chapter I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"DICS Computer Education"
PRODUCT:

COMPLAINT:

“Best computer education institute in Delhi NCR."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objection raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the print advertisement and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that the claim, “Best computer education institute in Delhi NCR”, was not substantiated with any market survey data or with any verifiable comparative data of the advertiser’s institute and other similar institutes, or through a third party validation. The claim was misleading by exaggeration. The advertisement contravened the Guidelines for Advertising of Educational Institutions and Programs as well as Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Hindustan Construction Company Pvt. Ltd."
PRODUCT:"Hindustan Aero Academy"

COMPLAINT:

“100% placement.”

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

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

 

COMPANY: "Institute Of Science and Management"
PRODUCT:

COMPLAINT:

“Excellent campus placement 100% track record.”

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objection raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the print advertisement and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that the claim, “Excellent campus placement 100% track record”, was not substantiated with authentic supporting data such as detailed list of students who have been placed through their Institute, contact details of students for verification, enrolment forms and appointment letters received by the students, nor any independent audit or verification certificate. Also, the claim is misleading by exaggeration. The print advertisement contravened Guidelines for Advertising of Educational Institutions and Programs as well as Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY: "Minerva Educational & Charitable Trust -Mangalore Institute Of Fire & Safe Engineering"
PRODUCT:

COMPLAINT:

“1. 100% Placement Assistance. Claim misleading by implication 2. 100% Placement 3. Employability assured”

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objections raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the print advertisement and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that while the advertiser may be offering placement assistance to students, the use of 100% numerical is not relevant for “placement assistance” claim. The use of “100%” as a descriptor in the claim is misleading by implication.Claim, “100% Placement”, was not substantiated with authentic supporting data such as detailed list of students who have been placed through their Institute, contact details of students for verification, enrolment forms and appointment letters received by the students, nor any independent audit or verification certificate. Also, the claim is misleading by exaggeration.Claim, “Employability assured”, was not substantiated with supporting verifiable data, and is misleading by exaggeration.The print advertisement contravened Guidelines for Advertising of Educational Institutions and Programs as well as Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY: "National Institute Of Science And Technology"
PRODUCT:

COMPLAINT:

“No.1 private engineering college of odisha by BPUT students ranking”

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objection raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the print advertisement and in the absence of any comments or response from the advertiser, the CCC concluded that the claim, “No.1 private engineering college of Odisha by BPUT students ranking”, was not substantiated with any verifiable comparative data of the advertiser’s institute and other similar institutes and a copy of the ranking as claimed in the advertisement and the methodology for the ranking. Also, the claim is misleading by exaggeration and implication. The advertisement contravened Guidelines for Advertising of Educational Institutions and Programs as well as Chapters I.1and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Sojatia Classes"
PRODUCT:"Qi Spine Clinic"

COMPLAINT:

“No.1 institute in commerce education”.

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objection raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the print advertisement and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that the claim, “No.1 institute in commerce education”, was not substantiated with any verifiable comparative data of the advertiser’s institute and other similar institutes in the same category, or through a third party validation. The claim was misleading by exaggeration. The advertisement contravened the Guidelines for Advertising of Educational Institutions and Programs as well as Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY: "Swami Vivekanand Vishwavidyalay - Swami Vivekanand University"
PRODUCT:

COMPLAINT:

“The most awarded university of MP”

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objection raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the print advertisement and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that the claim, “The most awarded university of MP”, was not substantiated with any verifiable comparative data and is misleading by exaggeration. The advertisement contravened the Guidelines for Advertising of Educational Institutions and Programs as well as Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY: "ARG Outlier Media Asianet New Pvt. Ltd"
PRODUCT:"(Republicworld.com)"

COMPLAINT:

“India’s biggest digital news network.”

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objection raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the TVC and in the absence of any comments or response from the advertiser, the CCC concluded that the claim, “India’s biggest digital news network”, was not substantiated with any market survey data, or with any verifiable comparative data of the advertiser’s institute and other similar institutes, or through a third party validation. The claim was misleading by exaggeration. The TVC contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY: "A. M. Reddy Homeopathy"
PRODUCT:

COMPLAINT:

“Migrane, One Side Pain, Severe Pain , Vomits, These can be cured 100 Percent"

NATURE OF COMPLAINT:

Recommendation: UPHELD

The ASCI approached the advertiser for their response in addressing the objection raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the print advertisement and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that the claim, “Migrane, One Side Pain, Severe Pain , Vomits, These can be cured 100 Percent”, was not substantiated with supporting clinical evidence, and is misleading by gross exaggeration. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY: "Positive Homeopathy"
PRODUCT:

COMPLAINT:

“Migrane, Headache, Rigorous Pain, Vomiting everything will be cured 100 percent”

NATURE OF COMPLAINT:

Recommendation: UPHELD

The ASCI approached the advertiser for their response in addressing the objection raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the print advertisement and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that the claim, “Migrane, Headache, Rigorous Pain, Vomiting everything will be cured 100 percent”,was not substantiated with supporting clinical evidence, and is misleading by gross exaggeration. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD.

 

COMPANY:"Elements Health Care Solutions"
PRODUCT:"Migrocure Ayurvedic Oil"

COMPLAINT:

“No matter how old is the migraine, it will cure it."Name of the product is misleading and implies cure for migraine.

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI had approached the advertiser for their response in addressing the objections raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat which they did not avail, but submitted their written response. The advertiser had stated in their response that they conducted a clinical trial which showed that 50% of patients got complete relief, 40% of patients got marked relief, and 10% got moderate relief, and they came to the conclusion that the product is safe and effective oil for external application for migraine.As claim support data, the advertiser provided a copy of drug licence, Lab test report, Clinical trial details, and referred pages of Bhavapraksha Nighantu.The CCC noted that the advertised product is an external use oil preparation and while the advertiser asserts that the product name has been applied for Trademark registration, no details have been submitted by the advertiser for the same. The FDA approval is for the indication of “headache and help in migraine” and not cure. The CCC observed that the clinical study submitted by the advertiser was undated, it did not appear to be complete, and there was no indication as to whether this was an in house study or conducted by an independent Clinical Research Organization. Furthermore, the data indicates complete relief is experienced only in 15 out of 30 people in the study. Upon carefully viewing the TVC, examining the complaint and the response given by the advertiser, the CCC concluded that the claim, “No matter how old is the migraine, it will cure it”, was inadequately substantiated and the claim as well as the product name `Migrocure’ is misleading by exaggeration. The TVC contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Sun India Pharmacy Pvt. Ltd."
PRODUCT:"(Swasthya Vardhak Capsules)"

COMPLAINT:

“India’s No. 1”

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objection raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the TVC and in the absence of any comments or response from the advertiser, the CCC concluded that the claim, “India’s No.1”, was not substantiated with any market survey data, or with any verifiable comparative data of the advertiser’s product and other similar products in the same category, or through a third party validation. The claim was misleading by exaggeration. The TVC contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Naturoveda Health World"
PRODUCT:

COMPLAINT:

"1. Awarded as "Maharshi charak, hakim Jalinos and Maharshi patanjali samman for combining natural medical system in the most scientific manner" from the hands of Ayush Minister Govt. of India. 2. Honoured as the safest healthcare destination for treating lakhs of patients successfully. 3. India's most trusted & reliable healthcare destination in the field of natural medical sciences" award

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI had approached the advertiser for their response in addressing the objections raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat which they did not avail, but submitted their written response. The advertiser had stated in their response that the claims made are based on the several awards received by the advertiser on different occasions – (A) ‘Maharshi Charaka, Hakim Jalinoos And Maharshi Patanjali Samman for combining Natural Medical Systems in the most scientific manner from The Hands Of Central Ayush Minister Shri Shripad Yesso Naik –2017 In Goa. (B) ‘The Safest Healthcare Destination For Treating Lakhs Of Patients Successfully Through Fundamentals Of Ayurveda, Unani And Therapeutic Yoga’ By Senior Central Minister Mr. Mukhtar Abbas Naqvi – 2017 In New Delhi. (C) ‘India’s Most Trusted And Reliable Health Care Organisation In The Field Of Ancient Medical Sciences’ By All India Unani Tibbi Congress – 2016 In Kolkata.As claim support data, the advertiser provided a copy of the certificates for specific claims made in the advertisement.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 Technical expert presented at the meeting. The CCC observed that Hakeem Ajmal Khan Global Award 2016 was given to the advertiser for being the Safest Healthcare Destination for treating lakhs of patients successfully through fundamentals of Ayurveda, Unani And Therapeutic Yoga, in February 2017. Certificate was awarded to the advertiser on the occasion of World Unani Medicine Day, in February 2016, for being India's most trusted and reliable healthcare organisation in the field of ancient medical sciences.The Advertiser did not provide the details of the process as to how the selection for the awards was done i.e. survey methodology, details of survey data, criteria used for evaluation, questionnaires used, names of other similar institutes that were part of the survey and the outcome of the survey. The credibility and authenticity of the certifying bodies was not provided by the advertiser.The CCC concluded that the claims, “Honoured as the safest healthcare destination for treating lakhs of patients successfully”, and “India's most trusted & reliable healthcare destination in the field of natural medical sciences", were inadequately substantiated with supporting data. The claims are misleading by exaggeration. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. This complaint was UPHELD. Advertiser provided a copy of the certificate awarded to them in April 2017 by Shri Shripad Yesso Naik, Hon’ble Union Ayush Minister. The claim, “Awarded as "Maharshi charak, hakim Jalinos and Maharshi patanjali samman for combining natural medical system in the most scientific manner", was not considered to be objectionable. However, the CCC noted that the advertiser did not mention the source of this data / awarding organization. The advertisement contravened Chapter I.2 of the ASCI Code. This complaint was UPHELD."

 

COMPANY:"Jolly Health Care"
PRODUCT:"Jolly Tulsi 51 Drops"

COMPLAINT:

"1. Just 5 Drops in a day, keep diseases and doctors away. 2. Jolly Tulsi -51 Drops enhances your immune system, 3. Save Entire family from every weather, every disease."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objections raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the print advertisement and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that the claims, “Just 5 Drops in a day, keep diseases and doctors away”, “Jolly Tulsi -51 Drops enhances your immune system”, and “Save Entire family from every weather, every disease”, were not substantiated with evidence of product efficacy, and are misleading by exaggeration. The print advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Hindustan Unilever limited"
PRODUCT:"Hindustan Unilever limited"

COMPLAINT:

"1. Just by showing green leaves, a product doesn’t become ayurvedic. Real ayurved is Lever Ayush 2. Based on 5000 year old ayurved scriptures with 15 ayurvedic herbs – Ayush Haldi soap, Saffron soap and cow’s ghee soap. 3. Beware of pretenses, choose real ayurved"

NATURE OF COMPLAINT:

Our Objection: 1. How does the product claim that it is ‘real ayurved’ while others are not? 2. Which ayurved scriptures is it based on? 3. Is the quantity of Haldi in haldi soap, saffron in saffron soap and cow’s ghee in cow’s ghee soap significant to make an impact on the performance of the products? 4. Are there independent reports to substantiate that Ayush Haldi, Saffron and Cow’s Ghee Soap have an impact on the skin of the consumer? 5. Are the stabilizers, preservatives etc used to protect the shelf life of the product completely ayurvedic? Are there no man made ingredients used in the product? Please substantiate with independent reports. 6. Claims 1-3 are not substantiated with independent research data. 7. As per the ASCI Guidelines for Celebrities in Advertising, a Celebrity should do due diligence to ensure that all description, claims and comparisons made in the advertisements they appear in or endorse are capable of being objectively ascertained and capable of substantiation and should not mislead or appear deceptive. The claims made by the celebrity (Akshay Kumar) in this advt violate this clause of the ASCI guidelines.According to us, the advertisement contravenes Chapter 1.1 and 1.5 of ASCI code and the provisions of Guidelines for Celebrity endorsement.

Recommendation: UPHELD

The ASCI had approached the advertiser for their response in addressing the grievances of the complainant and forwarded the details of the complaint, verbatim, to the advertiser with a request to respond to the same. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat which they availed and submitted their written response. The advertiser had stated in their response that the Products are Ayurvedic Proprietary Medicines and manufactured using the authentic ayurvedic ingredients as mentioned in the ancient ayurvedic text or granthas. Each Product has a combination of herbs and/or classical formulations (tailam) which have been laid down in the ancient ayurvedic text. Turmeric is prescribed in Ayurveda for purification and is also well known and recommended for its antiseptic and healing properties. Saffron is an ayurvedic herb with great medicinal value known and recommended for its brightening and healing properties. Cow’s Ghee is prescribed in Ayurveda to cure extremely dry skin. As for the objection raised against the celebrities appearing in the TVC, the advertiser stated that the Celebrities have done their due-diligence and then have agreed to participate in the TVC.As claim support data, the advertiser provided Product composition approved by Ayush, copy of manufacturing licence, confirmatory letter on Lever Ayush products from The Arya Vaidya Pharmacy (Coimbatore) Ltd, opinion of FDA expert confirming product compliance with the requirements of the Ayurvedic Proprietary Medicines.The claim support data was reviewed by the technical expert of ASCI. The CCC viewed the TVC and considered the Advertiser’s response as well as the opinion of the Technical expert presented at the meeting. The CCC noted that while the advertiser has substantiated Ayurvedic classification for their product, it is unclear how (only) Lever Ayush produts can be considered as “Sahi (correct) Ayurveda”. The CCC did not agree with the advertiser’s contention that other products in the market claiming ayurvedic / natural are not based on authentic ayurvedic texts and the CCC considered their comparison with products with “cosmetic” licence to be incorrect . The CCC were of the view that the statement “matlab sirf hari patiyan dikhane se koi ayurvedic nahi ban jaata, sahi Ayurved hai lever ayush”, by implication is demeaning the whole category of Ayurvedic products. There are no details provided regarding which are the 15 Ayurvedic herbs being mentioned for the advertised products (Ayush Haldi Soap, Saffron Soap, Cow’s ghee soap) and the specific scriptures that are 5000 years old since Ayurvedic texts being referred in the advertiser’s response, is not 5000 years old. Advertiser has not proven that the product as sold in its present form is similar to textual preparation/s or has the effectiveness of each and all of the ingredients as is being claimed in the advertisement since the ingredients appear to have symbolic presence in the product as per pack declaration of their content. While the advertiser in their response states benefits of each ingredient for their individual efficacy (i.e. turmeric for antiseptic and healing property, saffron for brightening and healing property, Cow’s ghee for dry skin), no substantiation was provided in terms of quantities of Haldi in haldi soap (50 mg in 10 gm) , saffron in saffron soap (1 mg in 10 gm) and cow’s ghee in cow’s ghee soap (10 mg in 10 gm) used - which is significant to make an impact on the performance of the products as claimed, and the method/s that were used to retain its natural attributes. The CCC noted that the advertiser has not provided any product efficacy data for their formulation specific to the benefits attributable to the claimed ingredients. This part of the complaint was UPHELD. However, CCC did not consider the claim “for soft smooth skin” , “for clear glowing skin” to be objectionable.Based on this data, the CCC concluded that the claims, “Based on 5000 year old ayurved scriptures with 15 ayurvedic herbs – Ayush Haldi soap, Saffron soap and cow’s ghee soap” (“5000 saal puraane Ayurvedic granthon pe adharit. 15 ayuvedic jadi butti yukt – Ayush haldi soap, Kesar soap, aur cow’s ghee soap”) were inadequately substantiated and are misleading.Claims, “matlab sirf hari patiyan dikhane se koi ayurvedic nahi ban jaata, sahi Ayurved hai lever ayush”, and “Dikhawe se bacho. Sahi ayurved chuno”, by implication denigrated the entire class/category of Ayurvedic products. The TVC contravened Chapters I.1, I.4 and IV.1(e) of the ASCI Code. This complaint was UPHELD.The complaint regarding endorsement by the Celebrity (Akshay Kumar) was examined by the CCC. The CCC observed that the advertiser did not submit any evidence that the celebrity is in agreement with the claims being made in the TVC in general. The visual of the celebrity when seen in conjunction with the claims are likely to mislead consumers regarding the product efficacy. This contravenes Clauses (c), (d) of the Guidelines for Celebrities in Advertising. This complaint was UPHELD.

 

COMPANY:"Meck Pharmaceuticals and Chemicals Pvt. Ltd."
PRODUCT:"Glucomeck Ayurvedic"

COMPLAINT:

"1.Those having difficulty in walking can also run. 2.Effective in joint pain.

NATURE OF COMPLAINT:

1. Claims 1 and 2 need to be substantiated by independent studies and research data. 2. How do those having difficulty in walking start running? Is there any independent report which can prove it? 3. How effective it is in joint pain? Whether it is certified by any independent agency? 4. Is this product a Tablet, ointment or in any other form? As it is not shown, this is an omission in the advertisement. Please explain.According to us, the advertisement contravenes Chapter 1.1 and 1.4 of ASCI code.Action to be taken: We propose that the advertisement should be immediately withdrawn

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objections raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the print advertisement and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that the claims (in Gujarati) as translated in English, “Those having difficulty in walking can also run”, and “Effective in joint pain”, were not substantiated with the details of the product being advertised, clinical evidence of product efficacy, and are misleading by exaggeration. The print advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY: "Caram Healthcare India Pvt. Ltd."
PRODUCT:"Diamedica"

COMPLAINT:

"DIAMEDICA – 1. Nation's Most Secured, Most Effective & Most Economical Tablets. 2. Shows full results in 90 days. 3. Prevent the side effects of diabetes naturally. 4. Sensation of increasing insulin, 5. Protection for liver and pancreas, 6 Protection for kidney problems, 7 Protection for eye problems 8 Heart rejuvenation 9 Resistance from insulin."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objections raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the print advertisement and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that the claim, “Nation's Most Secured, Most Effective & Most Economical Tablets”, was not substantiated with any supporting comparative / market survey data. Claims, “Shows full results in 90 days”, “Prevent the side effects of diabetes naturally”, “Sensation of increasing insulin”, “Protection for liver and pancreas”, “Protection for kidney problems”, “Protection for eye problems”, “Heart rejuvenation” and “Resistance from insulin”, were not substantiated with clinical evidence of product efficacy. The claims are misleading by exaggeration. The print advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Ayurdham Kerala Ayurvedic Panchkarma"
PRODUCT:

COMPLAINT:

"1. Get Cured by ayurdham Kerala Ayurvedic Panchkarma 2. Spl Treatments- Paralysis, Migrane, Psoriasis"

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objections raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the print advertisement and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that the claims, “Get Cured by ayurdham Kerala Ayurvedic Panchkarma”, and “Spl Treatments- Paralysis, Migrane, Psoriasis”, were not substantiated with supporting clinical evidence. The claims are misleading by exaggeration and implication that the advertised conditions would get cured by the treatment. The print advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Apna Ayurveda"
PRODUCT:"Apna Ayurveda Products"

COMPLAINT:

"1. Lack of Passion 2. Premature Ejaculation 3. Small Organ 4. Loose Organ 5. Laxity 6.One Step towards Satisfaction"

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

COMPLAINT:

"1. To lead a healthy, ailment-free life. 2. Over 3 lac satisfied patients.Claim no.2 was challenged under complaint reference no.1707-C.581 which was Upheld by the CCC. Please refer to our email dated 30th August 2017 conveying the recommendation of CCC. In view of non- compliance this claim is being intimated to the regulatory authority."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objections raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the print advertisement and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that the claim, “To lead a healthy, ailment-free life”, was not substantiated with supporting evidence and is misleading by exaggeration. The print advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY: "Chaturbhuj Pharmaceutical Company"
PRODUCT:"Japani Oil"

COMPLAINT:

"1.Experience energy, power and Strength. 2. Famous and effective for strength in men. 3. The visual in the ad and the product packaging read in conjunction with the claim objected to implies that the product is meant for enhancement of sexual pleasure."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

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

 

COMPANY: "Arogyam Ayurvedic Hospital"
PRODUCT:

COMPLAINT:

"1. Avoid knee replacement, treatment is possible through ayurveda. 2. Lakhs of people have got riddance from diseases."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objections raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the print advertisement and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that the claims, “Avoid knee replacement, treatment is possible through Ayurveda”, and “Lakhs of people have got riddance from diseases”, were not substantiated with supporting clinical evidence and are misleading by exaggeration. The print advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

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

COMPLAINT:

"1. This storm of immense passion will make your partner enjoyable. 2. The unique experience of strength and happiness that will make your married life special. 3. Your passion and their love will bring pleasure in married life 4. Massage on weak nerves with few drops of Play Win Oil, it will strengthen the vital organs of the body. 5. Experience the unique joy of your married life. 6.The visual in the ad and on the product 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:"Nurture Health Care"
PRODUCT:"Bgainer Capsule"

COMPLAINT:

"1. Increase weight upto 12 kg in just 3 months.2. Best ayurvedic formula without any side effects."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objections raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the print advertisement and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that the claims, “Increase weight upto 12 kg in just 3 months”, and “Best ayurvedic formula without any side effects”, were not substantiated with clinical evidence of product efficacy, and are misleading by exaggeration. The print advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Blizz Biosculpting"
PRODUCT:

COMPLAINT:

"“Lose upto 7kgs”"

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objection raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. Advertiser did not provide details of the treatment procedure for weight reduction. The CCC viewed the print advertisement and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that the claim, “Lose upto 7 kgs” 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:"Divisa Herbal Care"
PRODUCT:"Dr. Ortho Oil"

COMPLAINT:

1. Javed Akhtar - Poet, lyricist, script writer says - “Dr. Ortho Ayurvedic Oil is not a temporary pain killer, it is an ayurvedic medicine. 2. So effective that now pain will also bend its knees. 3. Dr. Ortho ayurvedic Oil is composition of 8 excellent ayurvedic oils, which enters the joints and helps in getting relief from the pain. 4. Due to it being Ayurvedic its effect remains for a long time. 5. Unmatched medicine for Joint pain. 6. It gives relief in Cervical pain, Knee Pain, Waist pain and shoulder pain"

NATURE OF COMPLAINT:

1. Claims 1 to 6 need to be substantiated by independent studies and research data. 2. How do they claim that the oil enters the joints and gives relief from pain? Please explain. 3. How can it be claimed that it is an unmatched medicine for joint pains? Has it been proven by any report? 4. How can a medicine give relief from all the above mentioned pains? It needs to be backed by an independent report. 5. As per the ASCI Guidelines for Celebrities in Advertising, a Celebrity should do due diligence to ensure that all description, claims and comparisons made in the advertisements they appear in or endorse are capable of being objectively ascertained and capable of substantiation and should not mislead or appear deceptive. The claims made by the celebrity Javed Akhtar in this advt. violate this clause of the ASCI guidelines.According to us, the advertisement contravenes Chapter 1.1 and 1.4 of ASCI code and the provisions of Guidelines for Celebrity endorsement. Action to be taken: We propose that the advertisement should be immediately withdrawn.

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the grievances of the complainant and forwarded the details of the complaint, verbatim, to the advertiser with a request to respond to the same. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. Advertiser did not provide product specific details such as composition / licence / pack artwork or samples. The CCC viewed the print advertisement and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that the claims (in Gujarati) as translated in English, “So effective that now pain will also bend its knees”, “Dr. Ortho ayurvedic Oil is composition of 8 excellent ayurvedic oils, which enters the joints and helps in getting relief from the pain”, “Due to it being Ayurvedic its effect remains for a long time”, “Unmatched medicine for Joint pain”, “It gives relief in Cervical pain, Knee Pain, Waist pain and shoulder pain”, and Javed Akhtar - Poet, lyricist, script writer says - “Dr. Ortho Ayurvedic Oil is not a temporary pain killer, it is an ayurvedic medicine”, were not substantiated with clinical evidence of product efficacy, and are misleading by gross exaggeration. The claim “…is not a temporary pain killer” was considered to be misleading by implication that the product would cure pain. The print advertisement contravened Chapters I.1 and I.4 of the ASCI Code. This complaint was UPHELD. The complaint regarding endorsement by the Mr Javed Akhtar was examined by the CCC. The CCC observed that the advertiser did not submit any evidence that Mr Javed Akhtar is in agreement with the claims being made in the advertisement in general. His endorsement seen in conjunction with the unsubstantiated claims, is likely to mislead consumers regarding the product efficacy. This contravenes Clauses (c), (d) of the Guidelines for Celebrities in Advertising. This complaint was UPHELD."

 

COMPANY:"Jeewan Jyoti Pharmacy Pvt. Ltd"
PRODUCT: "Jeewan Jyoti Pharmacy Pvt. Ltd"

COMPLAINT:

"1. Makes health healthy 2. Increases self confidence. 3. Ayurvedic Capsules. 4. Increase body weight not fat. 5. Increases hunger, increase weight. 6. Result vary from person to person. 7. Since 25 years. 8. Health tonic for whole family."

NATURE OF COMPLAINT:

1. Claims 1 to 8 need to be substantiated with data from independent scientific studies. 2. How can a capsule can make health healthy? Please explain. 3. The claim –“Increases self-confidence” is grossly misleading as increase in Self confidence and weight gain are not related with each other. 4. How does it increase weight and not body fat? It needs to be backed by independent research data. 5. The disclaimer violates ASCI Guidelines for Disclaimer (2) “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”. 6. How can it be claimed to be a health tonic for whole family? The requirements of men, women, children and senior citizens are different. Kindly substantiate with the reports from independent agency.According to us, the advertisement contravenes Chapter 1.1 and 1.4 and Guidelines for Disclaimer of ASCI code and the provisions of Drugs and Magic Remedies Act. Action to be taken: We propose that the advertisement should be immediately withdrawn

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the grievances of the complainant and forwarded the details of the complaint, verbatim, to the advertiser with a request to respond to the same. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the print advertisement and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that the claims, “Makes health healthy”, “Increases self confidence”, “Ayurvedic Capsules”, “Increase body weight not fat”, “Increases hunger, increase weight”, and “Health tonic for whole family”, were not substantiated with evidence of product efficacy. Claim, “Since 25 years”, was not substantiated with supporting evidence or with a third party validation. The claims are misleading by exaggeration. The print advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD.The CCC did not consider the statement “Result vary from person to person” to be objectionable. This complaint was NOT UPHELD."

 

COMPANY:"Liza Handwriting and Calligraphy Course"
PRODUCT:

COMPLAINT:

“1. Improve your handwriting with Yunus Balluwala - the only expert in Ahmedabad. 2. Learn-English, Gujarati, Hindi at home. 3. Only in 5 days 4. 100% Guarantee”

NATURE OF COMPLAINT:

1. Claims 1 to 4 need to be substantiated with data from independent studies. 2. Is there any report by an independent agency supporting that “Yunus Balluwali? is the only expert in Ahmedabad? 3. How can one learn 3 languages by staying at home that too in 5 days? Has the results been confirmed by an Independent Agency?According to us, the advertisement contravenes Chapter 1.1 and 1.4 of ASCI code. Action to be taken: We propose that the advertisement should be immediately withdrawn.

Recommendation: UPHELD

"The ASCI approached the concerned Media (Dainik Bhaskar) for their assistance in providing the contact details of the advertiser, or to forward the grievances of the complainant to the advertiser. The CCC noted that no response was received from the advertiser or from the concerned media prior to the due date. Advertiser did not provide any details of the Handwriting and Calligraphy Course. The CCC viewed the print advertisement and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser or from the concerned media, the CCC concluded that the claims (in Gujarati) as translated in English, “Yunus Balluwala - the only expert in Ahmedabad”, “Only in 5 days”, and “100% Guarantee”, were not substantiated with supporting data, and are misleading by exaggeration. The print advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD. The CCC did not consider the statements “Improve your handwriting”, “Learn-English, Gujarati, Hindi at home” to be objectionable. This complaint was NOT UPHELD."

 

COMPANY:"Mission Health"
PRODUCT:

COMPLAINT:

1. Now to get slim is no more a dream. 2. Yes, it is possible with our 4-D Slimming Clinic. 3. Loose 5 to 7 kg, 10to 15 cms in just 1 month.

NATURE OF COMPLAINT:

1. Claims 1 to 3 need to be substantiated with data from independent scientific studies. 2. Weight loss depends on many factors and will vary from person to person. The claim 3 in this context needs to be substantiated with independent studies.According to us, the advertisement contravenes Chapter 1.1 and 1.4 of ASCI code. Action to be taken: We propose that the advertisement should be immediately withdraw.

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the grievances of the complainant and forwarded the details of the complaint, verbatim, to the advertiser with a request to respond to the same. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. Advertiser did not provide details of the treatment procedure for weight reduction. The CCC viewed the print advertisement and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that the claims, “Now to get slim is no more a dream”, “Yes, it is possible with our 4-D Slimming Clinic”, and “Loose 5 to 7 kg, 10 to 15 cms in just 1 month”, were not substantiated with supporting clinical evidence, and with treatment efficacy data, and are misleading by exaggeration. The visual in the advertisement implies a significant weight loss which is also grossly misleading.The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. This complaint was UPHELD"

 

COMPANY:"Pure Royale"
PRODUCT:"Pure Royale Supari Mix"

COMPLAINT:

“Caution statement is missing”

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objection raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the print advertisement and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that the advertisement which is for a Supari product is misleading by omission of a cautionary warning that “Chewing of supari is injurious to health”. The print advertisement contravened Chapters I.4 and III.4 of the ASCI Code and Guidelines on Advertising of Foods & Beverages. The complaint was UPHELD."

 

COMPANY:"Synthite Industries Ltd"
PRODUCT:"Kitchen Treasures Brahmin Sambar Powder"

COMPLAINT:

“1. World's largest chilli company.2. Awarded outstanding exporter of the year for the last 36 years by the Spices Board of India.”

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objections raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the print advertisement and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that the claim, “World's largest chilli company”, was not substantiated with market survey data/sales data, or any verifiable comparative data of the advertiser’s product and other competitors in the same category, or through a third party validation.Claim, “Awarded outstanding exporter of the year for the last 36 years by the Spices Board of India”, was not substantiated with verifiable supporting data and with a copy of the award certificate for the claim made.The claims are misleading by exaggeration. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Dr. Avishkar-Homeopathy"
PRODUCT:

COMPLAINT:

“Claim objected to: “#Stroke is curable with homeopathy” Complaint: “Tweet directly targeting The Stroke Association (and therefore anybody reading TSA's timeline, or searching for information about stroke or homeopathy), alleging homeopathy can cure a stroke.Link to Tweet https://twitter.com/aavishkarzagday/status/888244821013315584””

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"Disease and disorder of brain Item no-10 DMR Act"

 

COMPANY: "Dr. Raghubir Singh"
PRODUCT:

COMPLAINT:

“Claims objected to: 100% cure of Asthma Complaint: This about treating Allergy, diabetes and joint pains without any medicine.Advertisement ask to contact three doctors having degrees which are not recognised by the Indian government. Its falsely claim 100% cure of Allergy, Asthma and joint pains without any medicine. It’s against the DMR act.The advertiser explain the causes of these disease in a unscientific way to fool the general people.Doctors showing their qualification as-accu.MD and DAMS are not valid degrees in India and no state can allows practicing on the basis of such qualifications.”

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"Bronchial Asthma Item no-7 Schedule J"

 

COMPANY:"Freshiya Health Centre"
PRODUCT:

COMPLAINT:

“ 1. Lose weight 2. Ayurvedic method 3. Lose 7 to 10 kgs and 5 to 7 inchs from hip and stomach in 28 days 4. Only for women”

NATURE OF COMPLAINT:

1. Claims 1-4 needs to be substantiated with data from independent scientific studies. 2. Upto what age can the treatment be taken? 3. Has the results been confirmed by an Independent Agency? 4. How long does the effect lasts? What conditions are required for this? 5. Is the treatment safe for all patients? Does one require to take it under doctor’s supervision? 6. Why is it specifically for women? 7. What happens when one stops taking the treatment? According to us, the advertisement contravenes Chapter 1.1 and 1.4 of ASCI code”

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the grievances of the complainant. However, in the absence of response prior to the due date, the matter was examined by the CCC on the basis of the material available and an exparte decision was taken. On receiving the CCC recommendation, the advertiser submitted their written response. Advertiser in their response stated that “Weight loss” is a general word which is not objectionable. They give ayurvedic medicines to improve digestion and metabolism and hence they have made a claim of “Ayurvedic method”. However this claim has been deleted from their advertisements as per the instructions from Food and Drugs department, Gandhinagar. Claim, “Lose 7 to 10 kgs and 5 to 7 inches from hips and stomach within 28 days” is their expertise and they give 100% refund to their customers in cases where the weight loss has not been reduced due to their metabolism or any other problem.Upon carefully viewing the print advertisement, examining the complaint and the response given by the advertiser, the CCC observed that the advertiser’s response has only assertions regarding the claims made. Advertiser did not provide any details or scientific rationale of their treatment procedure for weight reduction, nor did they provide any weight loss data based on rigorous trial on statistically significant number of patients to establish the benefits of the therapy being provided. Furthermore, the advertiser did not provide any supporting evidence of the customers who were refunded with the fees back. The CCC concluded that the claims (in Gujarati) as translated in English, “Lose weight”, “Ayurvedic method”, and “Lose 7 to 10 kg and 5 to 7 inches from hip and stomach in 28 days”, were not substantiated with supporting clinical evidence and with treatment efficacy data, and are misleading by exaggeration. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The earlier recommendation of complaint being Upheld stands on re-examination."

 

COMPANY: "M/s. Lamode Fashions Pvt. Ltd"
PRODUCT:"LaMode"

COMPLAINT:

“This advertisement shows motorcycle riders without helmets. Riding two wheeler without helmet is a punishable offence. Such advertisement promotes unsafe practices. The advertisement appeared in Hindustan times, HT city page one dated 25th September 2017."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the grievances of the complainant and forwarded the details of the complaint, verbatim, to the advertiser with a request to respond to the same. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the print advertisement and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that the visual shown in the advertisement of “a rider and a pillion rider on a two wheeler without helmets”, shows violation of traffic rules and is an unsafe practice. Also, the pillion rider shown standing while the vehicle is in motion shows a dangerous practice, manifests a disregard for safety and encourages negligence. The print advertisement contravened Chapters III.3 and III.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY: "R K Bajaj Group Of Institute - G L Bajaj Institute Of Tec"
PRODUCT:"Oothu Green Tea"

COMPLAINT:

“No.1 Private Engineering College in UP by NIRF” “The Best Institute Overall BBC knowledge Education Leadership Award, 2017” “The Best Engineering Institute in India (North) 2017 by ASSOCHAM” “The Best Engineering College in UP, India Excellence Awards, 2017” “The Best Institute in Placements, 2017 Modi Awards” “Institute with Best Academic & Industry Interface, 2017 MODI Awards”

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objections raised in the complaint.The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the print advertisement and in the absence of any comments or response from the advertiser, the CCC concluded that the claim, “No.1 Private Engineering College in UP by NIRF”, was not substantiated with NIRF ranking data as claimed in the advertisement. The CCC noted that this complaint was also taken up under complaint number C.640 For the claims of the advertiser’s institute being the Best Institute, the Best Engineering Institute in India (North), the Best Engineering College in UP, the Best Institute in Placements, 2017 and the Institute with Best Academic & Industry Interface, 2017, the Advertiser did not provide copy of the particular awards/certificates as claimed in the advertisement, the details of the process as to how the selection was done i.e. survey methodology, details of survey data, criteria used for evaluation, questionnaires used, names of other similar colleges that were part of the survey and the outcome of the survey. The credibility and authenticity and name of the certifying bodies was not provided by the advertiser. The claims, “The Best Institute Overall BBC knowledge Education Leadership Award, 2017”, “The Best Engineering Institute in India (North) 2017 by ASSOCHAM”, “The Best Engineering College in UP, India Excellence Awards, 2017”, “The Best Institute in Placements, 2017 Modi Awards” and “Institute with Best Academic & Industry Interface, 2017 MODI Awards”, were not substantiated with supporting data, 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:"Gautam Buddha Technical Institute"
PRODUCT:

COMPLAINT:

"100% placement guarantee."

NATURE OF COMPLAINT:

Recommendation: UPHELD

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

 

COMPANY:"Droan College Of Nursing"
PRODUCT:

COMPLAINT:

"1. 100% placement 2. 100% job guarantee to nursing students."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objections raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the print advertisement and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that the claims, “100% Placement”, and “100% job guarantee to nursing students”, 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. The claims are misleading by exaggeration. The print advertisement contravened Guidelines for Advertising of Educational Institutions and Programs as well as Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Dr Zakir Husain Institute/ Institute Of Hotel Management and Catering Technology & IIBM"
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 had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the print advertisement and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that the claim, “100% Placement”, was not substantiated with authentic supporting data such as detailed list of students who have been placed through their Institute, contact details of students for verification, enrolment forms and appointment letters received by the students, nor any independent audit or verification certificate. The claim is misleading by exaggeration. The print advertisement contravened Guidelines for Advertising of Educational Institutions and Programs as well as Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY: "Jagan Nath Gupta Memorial Educational Society "
PRODUCT:"(Jagan Nath University)"

COMPLAINT:

“100% job placement”

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

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

 

COMPANY:"Institute Of Fire Engineering and Safety Management (NIFS)"
PRODUCT:

COMPLAINT:

"“100% placement assistance”. (Claim misleading by implication)"

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

""The ASCI approached the advertiser for their response in addressing the objection raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the print advertisement and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that while the advertiser may be providing placement assistance to their students, the use of 100% numerical is not relevant for “placement assistance” claim. The use of “100%” as a descriptor in the claim is misleading by implication. The advertisement contravened Guidelines for Advertising of Educational Institutions and Programs as well as Chapter I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY: "Renaissance College of Hotel Management and Catering Technology"
PRODUCT:

COMPLAINT:

"1. 100% placement assistance. (Claim misleading by implication) 2. The Most Admired Hotel Management College of Uttarakhand Award Winner – 2017."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objections raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the print advertisement and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that while the advertiser may be providing placement assistance to their students, the use of 100% numerical is not relevant for “placement assistance” claim. The use of “100%” as a descriptor in the claim is misleading by implication.For the claim of the advertiser’s institute being the Most Admired Hotel Management College of Uttarakhand, the Advertiser did not provide a copy of this particular award/certificate as claimed in the advertisement, details of the process as to how the selection was done i.e. survey methodology, details of survey data, criteria used for evaluation, questionnaires used, names of other similar colleges that were part of the survey and the outcome of the survey, and the credibility and authenticity and name of the certifying body was not provided by the advertiser.The claim, “The Most Admired Hotel Management College of Uttarakhand Award Winner – 2017”, was not substantiated with supporting data, and is misleading by exaggeration. The advertisement contravened Guidelines for Advertising of Educational Institutions and Programs as well as Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Techno Herald"
PRODUCT:

COMPLAINT:

"India's Best Institute for GATE, IES & PSUs."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objection raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the print advertisement and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that the claim, “India's Best Institute for GATE, IES & PSUs”, was not substantiated with any market survey data, or verifiable supporting comparative data of the advertiser’s institute and other similar institutes in the same category or through a third party validation, 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:"Annai Madha Polytechnic College - Annai Madha Catering College"
PRODUCT:

COMPLAINT:

"“100% Placement in leading Star Hotels”"

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

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

 

COMPANY:"Aryabhatta Group Of College"
PRODUCT:"(Arybhatta Engineering College)"

COMPLAINT:

“With Guaranteed 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 had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the print advertisement and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that the claim, “With Guaranteed Placements”, was not substantiated with verifiable supporting data, and is misleading by exaggeration. The print advertisement contravened Guidelines for Advertising of Educational Institutions and Programs as well as Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Apparel Training and Design Centre-ATDC"
PRODUCT:

COMPLAINT:

"100% placement assistance. (Claim misleading by implication)"

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objection raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the print advertisement and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that while the advertiser may be providing placement assistance to their students, the use of 100% numerical is not relevant for “placement assistance” claim. The use of “100%” as a descriptor in the claim is misleading by implication. The advertisement contravened Guidelines for Advertising of Educational Institutions and Programs as well as Chapter I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY: "Defence Services College"
PRODUCT:

COMPLAINT:

"“100% selection or else get fee back.”"

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objection raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the print advertisement and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that the claim, “100% selection or else get fee back”, was not substantiated with supporting data for 100% selection of their students and / or any supporting evidence of the students who were refunded with the fees back if they were not selected for the courses offered. The 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:"Global Soft"
PRODUCT:

COMPLAINT:

"100% job placement assistance. (Claim misleading by implication)."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objection raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the print advertisement and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that while the advertiser may be providing placement assistance to their students, the use of 100% numerical is not relevant for “job placement assistance” claim. The use of “100%” as a descriptor in the claim is misleading by implication. The advertisement contravened Guidelines for Advertising of Educational Institutions and Programs as well as Chapter I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY: "International Academy of Logistics Management"
PRODUCT:

COMPLAINT:

“100% Placement Assistance” (Claim misleading by implication)"

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objection raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the print advertisement and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that while the advertiser may be providing placement assistance to their students, the use of 100% numerical is not relevant for “placement assistance” claim. The use of “100%” as a descriptor in the claim is misleading by implication. The advertisement contravened Guidelines for Advertising of Educational Institutions and Programs as well as Chapter I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY: "Dr Richa’s Unique Clinic"
PRODUCT:

COMPLAINT:

"Increase Your 2-7 Cm Height Within 2 Months"

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

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

 

COMPANY:"ICA Education Skills Pvt Ltd"
PRODUCT:

COMPLAINT:

"100% job oriented programme” (Claim misleading by implication)."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objection raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the print advertisement and in the absence of any comments or response from the advertiser, the CCC concluded that while the GST training offered by the advertiser may be job oriented, the use of 100% numerical is not relevant for “job oriented programme” claim. The use of “100%” as a descriptor in the claim is misleading by implication. The advertisement contravened the Guidelines for Advertising of Educational Institutions and Programs as well as Chapter I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY: "Jetking Infotrain Ltd"
PRODUCT:" (Jetking Computer Education)"

COMPLAINT:

"1. 100% job. 2. India's No.1 digital skills institute. 3. Limca Book of Record Holder for Highest Job Placements."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objections raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the print advertisement and in the absence of any comments or response from the advertiser, the CCC concluded that the claim, “100% Job”, was not substantiated with authentic supporting data such as detailed list of students who have been placed through their Institute, contact details of students for verification, enrolment forms and appointment letters received by the students, nor any independent audit or verification certificate, and is misleading by exaggeration.Claim, “India's No.1 digital skills institute”, was not substantiated with any verifiable comparative data of the advertiser’s institute and other similar institutes, or through a third party validation, and is misleading by exaggeration.Claim, “Limca Book of Record Holder for Highest Job Placements”, was not substantiated with copy of the award certificate, details, references of the awards received such as the year, source and category. Claim is misleading by omission of disclaimer to qualify this claim.The print 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: "Hindustan Unilever Limited"
PRODUCT:"New Tressemme Botanique shampoo"

COMPLAINT:

"1. Actress Jacqueline Fernandez gives her testimony saying pollution, sweat, products, all of these leave my hair lifeless and dull. 2. New Tresemme Botanique inspired by nature with camella & olive oil. 3. Zero dyes or parabeans for healthy looking shinning hair. 4. Bring out your natural shine. 5. Salon style hair at home. Every day. 6. Marcus Francis hair stylist recommends Tresemme shampoo to Actress Jacqueline Fernandez saying your hair needs deep nourishment to shine. 7. Tresemme used by professionals, Expert Selection. 8. Inspired by nature. 9. Disclaimer: Based on lab tests Shampoo+ conditioner vs non-conditioning shampoo."

NATURE OF COMPLAINT:

Our objections: 1. As per the ASCI Guidelines for Celebrities in Advertising, a Celebrity should do due diligence to ensure that all description, claims and comparisons made in the advertisements they appear in or endorse are capable of being objectively ascertained and capable of substantiation and should not mislead or appear deceptive. The claims made by the celebrity (Actress Jacqueline Fernandez and Marcus Francis hair stylist) in this advt violate this clause of the ASCI guidelines. 2. What is “New” needs to be mentioned in the advt as per ASCI code of validity & Duration of claiming New/ Improved. The words New /Improved must specify what aspect of the product/service is new or improved - viz the product's utility, function, product design, package design, etc. 3. Claims 2 to 7 need to be substantiated with an independent studies and research data. 4. Does the product have significant quantity of camella and olive oil to be able to justify the claims made? 5. Reference to claim “Salon style hair at home. Every day” how does the product claim to give salon style hair at home? Generally styling at salon is a lengthy procedure and comparing the product results to this is completely false and misleading. 6. Reference to claim “Tresemme used by professionals, Expert Selection” which experts/ professionals use this product? 7. Reference to claim “Inspired by nature” what is natural or nature inspired in the product? 8. The comparison made between a shampoo+ conditioner and non-conditioning shampoo is false, misleading and objectionable. The disclaimer violates ASCI Guidelines for Disclaimer (2) “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”.According to us, the advertisement contravenes Chapter 1.1, 1.3 and 1.4 of ASCI code and Guidelines for Disclaimer and Guidelines for validity & Duration of claiming New/ Improved and the provisions of Guidelines for celebrity endorsement. Action to be taken: We propose that the advertisement should be immediately withdrawn.

Recommendation: NOT UPHELD

"The ASCI had approached the advertiser for their response in addressing the grievances of the complainant and forwarded the details of the complaint, verbatim, to the advertiser with a request to respond to the same. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat which they availed and submitted their written response. The advertiser had stated in their response that the celebrities featuring in the TVC were well aware about the hair care benefits provided by the Product and the claims associated with it during the engagement with them. The product is a completely new launch and this shampoo and conditioner has been launched in the Indian market early this year. The formulation of the product contains Camellia and Olive Oil as ingredients, and does not contain any dyes and parabens. The product is capable of providing set hair or hair style which can be compared to salon wash and care products. It is supported by data which has been collated from professional salons. The Product formulation as a whole is capable of providing the claimed benefits of healthy looking shiny hair.As claim support data, the advertiser provided a copy of the approved product formulation, and sample of testimonials from salon professionals. The claim support data was reviewed by the technical expert of ASCI. The CCC viewed the TVC and considered the Advertiser’s response as well as the opinion of the Technical expert presented at the meeting.The CCC observed that the product does contains Camellia and Olive Oil as per product composition. The product also does not have any dyes or parabens as ingredients. The claims, “New Tresemme Botanique inspired by nature with camella & olive oil”, “Zero dyes or parabeans for healthy looking shinning hair”, were substantiated.Claims, “Pollution sweat, products, all these leave my hair lifeless and dull, “Bring out your natural shine”, “Salon style hair at home. Every day”, “Inspired by nature”, were considered as generic cosmetic claims for a shampoo product. In this context, statement by hair stylist (Marcus Francis) “your hair needs deep nourishment to shine” was not considered to be objectionable.Advertiser provided copy of testimonials from salon professionals. The claim, “TRESemme used by professionals, Expert Selection”, was substantiated.These complaints were NOT UPHELD."

 

COMPANY: "Allen Career Institute"
PRODUCT:

COMPLAINT:

"1. Allen’s Perfect 10: AIIMS 2017 2. ALLEN proves again, it is a record maker and a record breaker. 3. After AIPMT, IIT-JEE, NEET & NOW IN AIMS, It is proved that Securing AIR-1 is a tradition at ALLEN. 4. To deal with national level competition, Regular tests are being conducted throughout the year. With these THE BEST Performers emerge as All India Toppers. This can be achieved only with ALLEN System."

NATURE OF COMPLAINT:

Our objections: 1. Claims 1-4 need to be substantiated with independent reports. 2. Are all the results claimed of the Kota centre or other centers too? This needs to be clarified. 3. The source and year of data based on which these claims are made should be mentioned in the advt. 4. Claim 3 is exaggerated as they do not achieve AIR 1 every year so how can it be called a “Tradition” 5. According to ASCI guidelines for advertising of educational institution and programs of ASCI code. Advertisement shall not state or lead the public to believe that enrolment in the institution or program or preparation course or coaching classes will provide the student a temporary or permanent job, admissions to institutions, job promotions, salary increase etc. unless the advertiser is able to submit substantiation to such effect. In addition, the advertisement must carry a disclaimer stating ‘past record is no guarantee of future job prospects’. The font size of the disclaimer should not be less than the size of the claim being made in the advertisements. According to us, the advertisement contravenes Chapter 1.1, 1.5, and guidelines for advertising of educational institution and programs 3, 4.a, 4.b, 4.e of ASCI code. Action to be taken: We propose that the advertisement should be immediately withdrawn.

Recommendation: UPHELD

"The ASCI had approached the advertiser for their response in addressing the grievances of the complainant and forwarded the details of the complaint, verbatim, to the advertiser with a request to respond to the same. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat which they did not avail, but submitted their written response. Upon carefully viewing the print advertisement, examining the complaint and the response given by the advertiser, the CCC concluded that –Claim, “Allen’s Perfect 10: AIIMS 2017” – Advertiser provided details of their students, their enrollment forms, AIR rankings, and courses enrolled by them. These students had secured Top 10 ranks in the AIIMS 2017 examination. Based on this data, the claim, “Allen’s Perfect 10: AIIMS 2017”, was substantiated. This complaint was NOT UPHELD. Claim, “Allen proves again it is a record maker and a record breaker” – Advertiser in their response stated that their students are enrolled in Classroom Course or Distance Learning Course as per their choice, and the advertiser’s institute has been creating records in Pre-Engineering and Pre-Medical Examinations. The CCC considered the claim, “Allen proves again it is a record maker and a record breaker”, to be a hyperbole. This complaint was NOT UPHELD. Claim, “After AIPMT, IITJEE, NEET & Now in AIIMS, it is proved that Securing AIR -1 is a tradition at Allen” – Advertiser stated that in past few years a tradition has been maintained by the advertiser’s institute of getting All India Rank 1 in Pre-Engineering and Pre-Medical Examinations. Advertiser’s response provided a summary table giving details of the exams, year of passing, students name, their AIR rankings, and courses enrolled by them. The CCC observed that the advertiser did not provide supporting evidence of students who have been top rankers every year and for every exam. The claim, “After AIPMT, IITJEE, NEET & Now in AIIMS, it is proved that Securing AIR -1 is a tradition at Allen”, was not substantiated and is misleading by ambiguity and implication. The advertisement contravened Guidelines for Advertising of Educational Institutions and Programs as well as Chapters I.1 and I.4 of the ASCI Code. This complaint was UPHELD. Claim, “To deal with National Level Competition, Regular tests are being conducted throughout the year. With these THE Best Performers emerge as All India Toppers. This can be achieved only with ALLEN System” – Advertiser in their response stated that as the part of their academic system every student is supposed to appear in a monthly test which is conducted every fortnight. The test is being conducted on all the centers across India. The result of the test gives a fair Idea of student's preparation level. These tests help students to prepare and to deal with the competition fear. Their past records and results show that only the advertiser’s institute has been able to produce best results. Hence they have claimed that this can be achieved only with ALLEN System. The claim, “To deal with National Level Competition, Regular tests are being conducted throughout the year. With these the Best Performers emerge as All India Toppers”, was not objectionable. However, the claim, “This can be achieved only with ALLEN System”, was not substantiated with verifiable comparative data, to prove that only the advertiser’s institute has been able to produce best results. This claim was misleading by implication and 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. This complaint was UPHELD."

 

COMPANY: "Uber India"
PRODUCT:

COMPLAINT:

"1. Save Rs 500 on your next 10 Uber rides 2. Ride Uber and the discount will auto apply"

NATURE OF COMPLAINT:

An sms sent by Uber on 12 August 2017 says “save Rs 500 on your next 10 Uber rides! Shopping? Going to work? An evening out with friends? Ride Uber and the discount will auto apply. Max disc. Rs 50/ride”. Our Objection: 1. The sms was sent on 12 August 2017. The promotion period validity was not mentioned. 2. The sms says that you can save Rs 500 on your next 10 Uber rides. No time limit for the 10 rides to be taken mentioned? 3. How does a consumer know what is the discount that he/she is eligible for? Is it at the discretion of Uber? No detail is given about this, nor is there any link given for the consumer to check for further details. 4. If Rs 50 is the maximum that can be availed as discount, and the promotion is valid for only 10 rides, how does the sms claim ‘save Rs 500 on your next 10 Uber rides’? Only when consumers get Rs 50 as discount on all their 10 rides, they will be able to save Rs 500. The claim doesn’t say “save upto Rs 500 on your next 10 Uber rides” 5. If the claims are not substantiated, the sms is a misleading promotion and cheats consumers to take Uber rides expecting discounts which they don’t get. According to us, the advertisement contravenes Chapter 1.1 and 1.4 of ASCI code. We propose that company should take steps to correct any loss occurred to their consumer. Action we propose - this advt should be immediately withdrawn

Recommendation: UPHELD

"The ASCI had approached the advertiser for their response in addressing the grievances of the complainant and forwarded the details of the complaint, verbatim, to the advertiser with a request to respond to the same. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat which they did not avail, but submitted their written response. The advertiser had stated in their response that the said SMS was not an advertisement but was information sent by way of SMS (`Communication'). As this scheme was an auto apply scheme, the complete terms and conditions of the same could be viewed in the promotions tab by each person using the Uber App at the said time. Further, the Communication clearly stated that the maximum discount available per trip would be Rs. 50 hence making it clear that the complete discount as per the promotion would amount to Rs. 500 only once a rider using the Uber App would complete 10 trips. Therefore it was clear that the maximum discount available through this promotion was upto Rs. 500/-basis the number of trips taken by each rider. The validity period for this promotion was basis the number of trips taken within a reasonable period of time. The CCC viewed the Ad – SMS and considered the advertiser’s response. As per the CCC, ASCI code's definition of Advertising states that "Any communication which in the normal course would be recognised as an advertisement by the general public would be included in this definition even if it is carried free-of-charge for any reason." Therefore promotion vide SMS, paid or unpaid, has to be considered as Advertising. The CCC observed that the advertiser did not provide the terms and conditions of the offer nor a link showing the same. The CCC concluded that the claims, “Save Rs 500 on your next 10 Uber rides” and “Ride Uber and the discount will auto apply”, were misleading by omission of validity of the promotion period, and that the offer is subject to terms and conditions. The Ad – SMS contravened Chapter I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY: "MRF Ltd"
PRODUCT:

"Wood Coat"

COMPLAINT:

“1. Grandfather's favourite chair looks new today. 2. Wood Coat, the most reliable premium wood finish for more than 20 years. 3. This is 100% polyurethane wood finish which protects wood furniture for years. 4. Wood Coat has the more viscosity so it protects furniture from dampness, humidity, erosion, Spilled fluid and scratches. 5. Available in glossy and matte so it helps your wooden furniture to look more beautiful. 6. So let's move ahead to make each of your furniture always look like new”

NATURE OF COMPLAINT:

"1. Claims 2, 3, 4 and 5 need to be substantiated with the data from independent reports. 2. How does 100% polyurethane wood finish protect wooden furniture? And for how many years? Please support the claim with reports from independent agency. 3. It claims to have “more viscosity” but it needs to mention as compared to what? Is there any independent report supporting the claim? 4. Can the product protect furniture from any fluid and any type of scratches? Substantiate with Independent report. According to us, the advertisement contravenes Chapter 1.1 and 1.4 of ASCI code. Action to be taken: We propose that the advertisement should be immediately withdrawn"

Recommendation: UPHELD

"The ASCI had approached the advertiser for their response in addressing the grievances of the complainant and forwarded the details of the complaint, verbatim, to the advertiser with a request to respond to the same. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat which they did not avail, but submitted their written response. The advertiser had stated in their response that Polyurethanes are two pack paints comprising of an Acrylic polyol as a base and a hardener, which has to be mixed before application. These two components react with each other and form a Urethane film. The formation of Urethane linkage is based on the formation of chemical bonding and this linkage provides better properties. The basic formulation of the product ensures that the coated substrate has resistance to moisture, humidity, abrasion, spills and scratches. Being a product which is used for household furniture, it can take household spills like coffee, tea, oil etc. Similarly, in the case of abrasion, scratches etc. it will take normal wear and tear. The life of the coating when used on furniture that is sparingly used is very different from its life on a piece of furniture that is put to rough use. So also, the performance of the coating will depend on proper application. Advertiser further stated that the advertisement in Gujarati is a translation of their very same advertisement originally written in English. It is evident from the English version of the advertisement that the word "viscosity" has not been used. Advertiser provided a copy of the English language version of the same advertisement. 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 Technical expert presented at the meeting. The CCC observed that it is well known that polyurethane coat on a wooden furniture gives it a new look and PU wood finish protects wood finish for a long time in normal usage conditions. However, no test (even internal) data was provided, nor was any certificate of test showing percentage of PU in the product nor any tests to prove its longevity or effectiveness in protecting “from dampness, humidity, erosion, Spilled fluid and scratches". The CCC noted that the word 'viscosity' is not mentioned in the advertisement. Gujarati version also does not suggest viscosity. The actual word in the English version is claimed as “adhesion”. The CCC concluded that the claims (in Gujarati) as appearing in the English version of the Ad, “Wood Coat, the most trusted premium wood finish for more than twenty years”, “It is a 100% polyurethane wood finish that helps The ASCI had approached the advertiser for their response in addressing the grievances of the complainant and forwarded the details of the complaint, verbatim, to the advertiser with a request to respond to the same. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat which they did not avail, but submitted their written response. The advertiser had stated in their response that Polyurethanes are two pack paints comprising of an Acrylic polyol as a base and a hardener, which has to be mixed before application. These two components react with each other and form a Urethane film. The formation of Urethane linkage is based on the formation of chemical bonding and this linkage provides better properties. The basic formulation of the product ensures that the coated substrate has resistance to moisture, humidity, abrasion, spills and scratches. Being a product which is used for household furniture, it can take household spills like coffee, tea, oil etc. Similarly, in the case of abrasion, scratches etc. it will take normal wear and tear. The life of the coating when used on furniture that is sparingly used is very different from its life on a piece of furniture that is put to rough use. So also, the performance of the coating will depend on proper application. Advertiser further stated that the advertisement in Gujarati is a translation of their very same advertisement originally written in English. It is evident from the English version of the advertisement that the word "viscosity" has not been used. Advertiser provided a copy of the English language version of the same advertisement. 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 Technical expert presented at the meeting. The CCC observed that it is well known that polyurethane coat on a wooden furniture gives it a new look and PU wood finish protects wood finish for a long time in normal usage conditions. However, no test (even internal) data was provided, nor was any certificate of test showing percentage of PU in the product nor any tests to prove its longevity or effectiveness in protecting “from dampness, humidity, erosion, Spilled fluid and scratches". The CCC noted that the word 'viscosity' is not mentioned in the advertisement. Gujarati version also does not suggest viscosity. The actual word in the English version is claimed as “adhesion”. The CCC concluded that the claims (in Gujarati) as appearing in the English version of the Ad, “Wood Coat, the most trusted premium wood finish for more than twenty years”, “It is a 100% polyurethane wood finish that helps protect wooden furniture for years”, were not substantiated with product composition details confirming that it is 100% PU or other supporting data. The claims are misleading by exaggeration. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. This complaint was UPHELD. Claims, “Grandpa’s Favourite chair looks new even today”, “So go ahead make all your furniture look as good as new, forever” were considered as hyperbole. Claims, “It comes in glossy and matt finishes that helps enhance the elegance of the wood grain pattern on your furniture”, “Wood Coat has superior adhesion properties with excellent resistance to moisture, humidity, abrasion, spills and scratches”, were not considered to be objectionable as these are well known properties of wood polish. These complaints were NOT UPHELD."

 

COMPANY: "Hygienic Research Institute P. Ltd"
PRODUCT:"Streax hair serum"

COMPLAINT:

"1. Streax Hair Serum with Walnut Oil. 2. If you shine the whole day, then why not your hairs. 3. With natural benefits of Walnut Oil, Vitamin-E which makes every strand of your hair smooth and tangle free so that hairs keep shining whole the day. 4. Perfect shine 5. Vitamin-E with walnut oil"

NATURE OF COMPLAINT:

Our objections: 1. Claims 1 to 5 need to be substantiated by independent studies and research data. 2. Is Natural Walnut Oil used to make the Serum? If yes, what is significant amount of walnut oil and Vitamin -E is used in the product? 3. What are the natural benefits of walnut oil? Please explain. According to us, the advertisement contravenes Chapter 1.1 and 1.4 of ASCI code. Action to be taken: We propose that the advertisement should be immediately withdrawn

Recommendation: NOT UPHELD

"The ASCI had approached the advertiser for their response in addressing the grievances of the complainant and forwarded the details of the complaint, verbatim, to the advertiser with a request to respond to the same. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat which they did not avail, but submitted their written response. Advertiser in their response stated that Walnut Oil is used in the formulation of Streax Hair Serum. As claim support data, the advertiser provided a copy of the Formulation approved by Drug Controller & Licensing Authority, Extract of the Report of independent study conducted through a CRO, relevant literature and sample of the product. The claim support data submitted by the advertiser was reviewed by the technical expert of ASCI. The CCC carefully examined the complaint, the print advertisement, and the detailed response sent by the advertiser as well as the opinion of Technical expert presented at the meeting. The CCC observed that the advertiser submitted evidence for approved product formulation indicating presence of walnut oil and Vitamin E and a test report confirming the presence of Vitamin E Acetate. The shine on application has been adequately evidenced through technical Gloss measurement. The claims being in the context of smoothness and shine of hair, were not considered to be objectionable. Based on this data, the CCC concluded that the claims, “Streax Hair Serum with Walnut Oil”, “With natural benefits of Walnut Oil, Vitamin-E which makes every strand of your hair smooth and tangle free so that hairs keep shining whole the day”, “Perfect shine”, and “Vitamin-E with walnut oil”, were substantiated. Claim, “If you shine the whole day, then why not your hairs”, was considered as a generic claim and a hyperbole. The complaint was NOT UPHELD."

 

COMPANY: "Paragon Synthetics & Polymers Ltd"
PRODUCT:"Paragon Irrigation"

COMPLAINT:

"Now, drip Irrigation with 70% Subsidy.Does not jam, works properly."

NATURE OF COMPLAINT:

1. Claims 1 and 2 need to be substantiated by independent studies and research data. 2. How can it be claimed that drip irrigation system will be installed with 70% subsidy? Who is going to give this subsidy? Is there any proof supporting this statement? 3. Is the claim “does not jam and works properly” supported by reports of independent study? 4. Is the 70% subsidy given to all customers or is it the maximum applicable subsidy? 5. Are there any procedures/payments to be done to avail the subsidy? Who bares this cost? According to us, the advertisement contravenes Chapter 1.1 and 1.4 of ASCI code Action to be taken: We propose that the advertisement should be immediately withdrawn.

Recommendation: NOT UPHELD

"The ASCI had approached the advertiser for their response in addressing the grievances of the complainant and forwarded the details of the complaint, verbatim, to the advertiser with a request to respond to the same. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat which they did not avail, but submitted their written response. The advertiser had stated in their response that the claim of 70% subsidy is qualified to mention that conditions apply (“Sharato ne aadhin” in Gujarati). The subsidy in Micro irrigation is 70% is declared by Govt in last Budget and widely advertised by Govt in print and electronic media with quotations from CM and Finance Minister also. The subsidy rate of 70% is minimum and applied to all general category farmers. Maximum rate is upto 90% for SC ST farmers. They have printed minimum rate in their Ad and is normal in all way. As claim support data, the advertiser provided a copy of Subsidy norms wef 01.04.2017 released by Govt. showing subsidy rates of 70%. Upon carefully viewing the print advertisement, examining the complaint and the response given by the advertiser, the CCC observed that the claims made are basic functionalities of an irrigation system. The CCC concluded that the claims (in Gujarati) as translated in English seen in conjunction of the disclaimer, “Now, drip Irrigation with 70% Subsidy”, and “Does not jam, works properly”, were not objectionable. The complaint was NOT UPHELD."

 

COMPANY: "Reckitt Benckiser (India) Pvt. Ltd"
PRODUCT:"Veet Wax Strips"

COMPLAINT:

"1. Veet wax strips with easy grip. 2. Removes the shortest hair that salon wax cannot. 3. Disclaimer: *Effective at removing even short (1.5mm) hair, basis clinical study performed under dermatological control. ^Salon wax means sugar wax. 4. For sensitive skin Almond oil and vitamin E. 5. For normal skin Shea Butter and Berries. 6. Actress Shraddha Kapoor endorses the brand."

NATURE OF COMPLAINT:

1. Claim 1 needs to be substantiated with a report from an independent agency. 2. How is Veet Wax strip effective in removing shortest hair that salon wax cannot? Is the result substantiated with Independent Report? 3. Were the clinical trials conducted by Reckitt Benckiser or a independent agency? 4. Does the product have significant quantity of Almond oil and Vitamin E to give the claimed results? 5. Does the product have significant quantity of Shea Butter and Berries to give the claimed results? 6. As per the ASCI Guidelines for Celebrities in Advertising, a Celebrity should do due diligence to ensure that all description, claims and comparisons made in the advertisements they appear in or endorse are capable of being objectively ascertained and capable of substantiation and should not mislead or appear deceptive. The claims made by the celebrity (Actress Shraddha Kapoor) in this advt violate this clause of the ASCI guidelines. According to us, the advertisement contravenes Chapter 1.1 and 1.4 of ASCI code and provision of Guidelines for celebrity endorsement. Action to be taken: We propose that the advertisement should be immediately withdrawn.

Recommendation: NOT UPHELD

"The ASCI had approached the advertiser for their response in addressing the grievances of the complainant and forwarded the details of the complaint, verbatim, to the advertiser with a request to respond to the same. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat which they did not avail, but submitted their written response. Further on the advertiser’s request, they were provided with an opportunity to discuss their submission via telecon. The advertiser had stated in their response that Veet Cold wax strip formulation incorporates a unique gel network formed within the resin using a combination of polymers and silica. At high stress or frequency (removal of wax strip/depilation) the wax transforms from predominantly viscous "liquid-like" behaviour to a more Elastic "solid-like" behaviour allowing the wax to act more as a solid thereby firmly locking around the wax coated hair, strongly gripping the hair and removing the unwanted hair from the root. EasyGripTM' is not a product claim but a design feature of Veet Wax Strips which has been creatively depicted as "EasyGripTM" and is used as a trade mark by the advertiser. Claim, "Veet wax strips remove shortest hair has been made basis an independent study performed under dermatological control by an external clinical test centre, France. Claim "Veet wax strips remove even those short hair which a salon wax cannot" has been made basis an independent consumer study done by Nielsen amongst 155 salon experts. The advertisement does not say that the claims made are based on Almond Oil and Vitamin E or Shea Butter and Berries. As claim support data, the advertiser provided data to show that the product has smart properties allowing effective hair removal without the need for heating by external methods, Home use test data, trade mark application for Easygrip, copy of the independent study performed under dermatological control by an external clinical test centre, France, and copy of independent consumer study done by Nielsen amongst salon experts. 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 Technical expert presented at the meeting. The claim, “Veet wax strips with easy grip” pertains to product feature which was explained by the advertiser, claims “For sensitive skin. Almond oil and vitamin E”, and “For normal skin. Shea Butter and Berries”, are names of product variants and describe the presence of ingredients. These were not considered to be objectionable. These complaints were NOT UPHELD. The CCC observed that the advertiser has claimed that Veet Wax Strips “remove shortest hair (as short as 1.5mm)” based on a clinical study under dermatological control for Hair removal efficacy by an in -use test. Hair removal (of hair trimmed to 1.5 mm) before and after depilation has been assessed basis objective criteria of using microphotographs of the test area before and after depilation. This claim was substantiated as the study indicates over 80% removal of short hair. This complaint was NOT UPHELD. However, the CCC noted that the advertiser has not followed a similar test while comparing efficacy of salon wax versus Veet and a clinical study comparing the two products with minimal variables would have been the most appropriate. The advertiser has sought in their response to provide two different proofs, one a clinical study indicating that Veet removes over 80% of short hair and the other an opinion survey of Salon experts. Whereas the disclaimer refers to the clinical study under dermatological control which is incorrect and misleading by implication. The CCC did not consider the opinion survey to be as robust as the clinical study due to several variable inherent in such opinion survey due to use of several different varieties of salon wax used by different salons as well as lack of objective measurement. Based on this data, the CCC concluded that the claim, “Removes the shortest hair that salon wax cannot”, and “Disclaimer: *Effective at removing even short (1.5mm) hair, basis clinical study performed under dermatological control. ^Salon wax means sugar wax”, were inadequately substantiated with objective measurement / study findings on the comparative efficacy of Veet Wax strips and Sugar wax. The TVC is misleading by omission of a disclaimer to qualify that the test is based on opinion survey of salon experts. The TVC contravened Chapters I.1, I.2 and I.4 of the ASCI Code. This complaint was UPHELD. The complaint regarding endorsement by the Celebrity (Shraddha Kapoor) was examined by the CCC. The CCC observed that the advertiser did not submit any evidence that the celebrity is in agreement with the claims being made in the advertisement in general. The visual of the celebrity when seen in conjunction with the claim “removes the shortest of hair that salon wax cannot” is likely to mislead consumers regarding the product efficacy. This contravenes Clauses (c), (d) of the Guidelines for Celebrities in Advertising. This complaint was UPHELD."

 

COMPANY: "Indian Oil Corp Ltd"
PRODUCT:"(Servo Oil)"

COMPLAINT:

"1. World class lubricants. 2. 100% performance everytime. 3. India’s largest selling trusted lubricants. 4. Selected superbrand India 2014-2015"

NATURE OF COMPLAINT:

1. Claims 1 to 4 need to be substantiated by a report from an independent agency. 2. Using survey result of 2014-2015, in the advt of 2017 would mislead consumer who may not read the fine print mentioning the year. According to us, the advertisement contravenes Chapter 1.1 and 1.4 of ASCI code. Action to be taken: We propose that the advertisement should be immediately withdrawn.

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the grievances of the complainant and forwarded the details of the complaint, verbatim, to the advertiser with a request to respond to the same. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the print advertisement and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that the claim, “India’s largest selling trusted lubricants”, was not substantiated with verifiable comparative data of the advertiser’s product and other competitive products, or with a market sales data, or through a third party validation. Claim, “Selected superbrand India 2014-2015”, was not substantiated with supporting data, and was misleading by ambiguity and exaggeration as the advertiser has used 2014-2015 survey data for an advertisement published in 2017. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. This complaint was UPHELD. Claims, “World class lubricants” and “100% performance everytime”, were not considered to be hyperbole and objectionable. This complaint was NOT UPHELD."

 

COMPANY: "Zee Laboratories Limited"
PRODUCT:"Zee Gold Capsules"

COMPLAINT:

"1. India’s most liked. 2. ZEEGOLD STRONG is a comprehensive daily health supplement that has a balanced combination of Ginseng power. 3. Remove fatigue and get success. 4. Strength and power of life, more stamina, keeps stress free, more energy/vigour. 5. Useful for all ages. 6. President award winner. (mentioned below the logo of ZEE)"

NATURE OF COMPLAINT:

1. Claims 1 to 5 need to be substantiated with data from independent scientific studies. 2. What is meant by “daily health supplement”? 3. How can it be useful for all ages? Is there any scientific research supporting the statement? 4. Please substantiate the claim “President Award Winner” with details of award, date of receiving, etc. 5. How does the product claim to give more stamina, vigour/energy? 6. How does it remove fatigue and keep stress free? According to us, the advertisement contravenes Chapter 1.1, 1.2 and 1.4 of ASCI code and the provisions of Drugs and Magic Remedies Act. Action to be taken: We propose that the advertisement should be immediately withdrawn.

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the grievances of the complainant and forwarded the details of the complaint, verbatim, to the advertiser with a request to respond to the same. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the print advertisement and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that the claim, “India’s most liked”, was not substantiated with any verifiable comparative data of the advertiser’s product and other competitive products in the same category, or through a market survey data, or through a third party validation. Claims, “ZEE Gold Strong is a comprehensive daily health supplement that has a balanced combination of Ginseng power”, “Remove fatigue and get success”, “Strength and power of life, more stamina, keeps stress free, more energy/vigour”, and “Useful for all ages”, were not substantiated with product efficacy data. Claims are misleading by exaggeration. Advertiser did not provide a copy of the particular award/certificate as claimed in the advertisement. The claim, “President award winner”, was not substantiated with details of the award as well as references of the award such as the year, source and category for the award received. The claim is misleading by exaggeration and omission of a disclaimer to qualify this claim. The advertisement contravened Chapters I.1, I.2 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY: "Deys medical stores P.Ltd"
PRODUCT:"Keo Karpin Hair Oil"

COMPLAINT:

"1. There’s insurance for cars. But for hair? 2. Priscilla Corner celebrity Hair Expert’s testimony: Get hair insurance. Olive oil and vitamin E enriched Keo Karpin Hair oil nourishes your hair from within keeping it strong, soft and shiny all day long. That’s why it’s the best hair insurance. 3. Hair ka insurance karo Roz Keo Karpin Karo."

NATURE OF COMPLAINT:

Objections 1. Please explain “there’s insurance for cars. But for hair”? This statement is grossly misleading and tends to cause undue influence on customers. 2. Claim 3 needs to be substantiated with independent scientific reports. 3. As per the ASCI Guidelines for Celebrities in Advertising, a Celebrity should do due diligence to ensure that all description, claims and comparisons made in the advertisements they appear in or endorse are capable of being objectively ascertained and capable of substantiation and should not mislead or appear deceptive. The claims made by the celebrity (Priscilla Corner celebrity Hair Expert) in this advt violate this clause of the ASCI guidelines. 4. The term “Best hair insurance” means it protects hair from all damages. Please substantiate with independent data. 5. “Hair ka insurance karo Roz Keo Karpin Karo”. Please explain. How can someone insure their hair everyday by using Keo Karpin ? According to us, the advertisement contravenes Chapter 1.1 and 1.4 of ASCI code and the provisions of Guidelines for Celebrity endorsement. Action to be taken: We propose that the advertisement should be immediately withdrawn.

Recommendation: NOT UPHELD

"The ASCI approached the advertiser for their response in addressing the grievances of the complainant and forwarded the details of the complaint, verbatim, to the advertiser with a request to respond to the same. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the print advertisements and upon careful consideration of the complaint, the CCC concluded that the claims, “There’s insurance for cars. But for hair?”, “Priscilla Corner celebrity Hair Expert’s testimony: Get hair insurance. Olive oil and vitamin E enriched Keo Karpin Hair oil nourishes your hair from within keeping it strong, soft and shiny all day long. That’s why it’s the best hair insurance” and “Hair ka insurance karo Roz Keo Karpin Karo”, were generic claims pertaining to Hair oil category and references to hair insurance were a hyperbole which were not objectionable. The complaint was NOT UPHELD."

 

COMPANY: "Adi Shankara Institute of Engineering and Technology"
PRODUCT:

COMPLAINT:

"1. A Vibrant and Happening Technological Campus. 2. Moulding competent & committed professionals for the past 17 years. 3. 90% Placements for the current passing out batch. 4. Based on KEAM rank, attractive fee waiver scholarships for meritorious students admitted under both Govt. Allotment & Management Quota."

NATURE OF COMPLAINT:

1. Claims 1-4 need to be substantiated with independent reports. 2. What is the total number of students passing out of the current batch as compared to the number of students placed? 3. Claim 3 violates the ASCI guidelines for advertising of educational institution and programs “Advertisement shall not state or lead the public to believe that enrolment in the institution or program or preparation course or coaching classes will provide the student a temporary or permanent job, admissions to institutions, job promotions, salary increase etc. unless the advertiser is able to submit substantiation to such effect. In addition, the advertisement must carry a disclaimer stating ‘past record is no guarantee of future job prospects’. The font size of the disclaimer should not be less than the size of the claim being made in the advertisements”. 4. According to us, the advertisement contravenes Chapter 1.1, 1.5 and guidelines for advertising of educational institution and programs 3, 4.a, 4.e of ASCI code. Action to be taken: We propose that the advertisement should be immediately withdrawn.”

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the grievances of the complainant and forwarded the details of the complaint, verbatim, to the advertiser with a request to respond to the same. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the print advertisement and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that the claim, “Moulding competent & committed professionals for the past 17 years”, was not substantiated with supporting data, and is misleading by exaggeration. Claim, “90% Placements for the current passing out batch”, was not substantiated with authentic supporting data of the current year (2017) such as detailed list of students who have been placed through their Institute, contact details of students for verification, enrolment forms and appointment letters received by the students, nor any independent audit or verification certificate. The claim is misleading by exaggeration. Claim, “Based on KEAM rank, attractive fee waiver scholarships for meritorious students admitted under both Govt. Allotment & Management Quota”, was not substantiated with supporting evidence of the scholarships availed by any of their students, and was misleading by implication and ambiguity regarding the amount of scholarship and the total number of scholarships being offered. The advertisement contravened Clauses 4 (a) and (e) of the Guidelines for Advertising of Educational Institutions and Programs as well as Chapters I.1 and I.4 of the ASCI Code. This complaint was UPHELD. Claim, “A Vibrant and Happening Technological Campus”, was not considered to be objectionable. This complaint was NOT UPHELD."

 

COMPANY: "Chandigarh University"
PRODUCT:

COMPLAINT:

"1. Discover, Learn. Empower 2. Adjudged as University with best placements. 3. CU sees a surge of 60% in number of companies. 4. 457 companies visited. 5. 4964 placements offers. 6. 26.97 Highest package offered. 7. Top MNC’S offering premium packages! 8. Companies that visit only CU amongst the private institutions of North India. 9. Scholarships upto 100%."

NATURE OF COMPLAINT:

1. Claims 1-9 need to be substantiated with independent reports 2. The source and year of the research based on which claim 2 is made should be mentioned in the advt. 3. Reference to claim 3 “surge of 60% on number of companies” as compared to what? Please explain. 4. The list of placement should be segregated course wise and not all of them together. 5. According to ASCI guidelines for advertising of educational institution and programs “Advertisement shall not state or lead the public to believe that enrolment in the institution or program or preparation course or coaching classes will provide the student a temporary or permanent job, admissions to institutions, job promotions, salary increase etc. unless the advertiser is able to submit substantiation to such effect. In addition, the advertisement must carry a disclaimer stating ‘past record is no guarantee of future job prospects’. The font size of the disclaimer should not be less than the size of the claim being made in the advertisements”. According to us, the advertisement contravenes Chapter 1.1, 1.5 and guidelines for advertising of educational institution and programs 3, 4.a, 4.b, 4.e of ASCI code. Action to be taken: We propose that the advertisement should be immediately withdrawn.

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the grievances of the complainant and forwarded the details of the complaint, verbatim, to the advertiser with a request to respond to the same. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the print advertisement and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that – Claims, “CU sees a surge of 60% in number of companies”, “457 companies visited”, “4964 placements offers”, and “Top MNC’S offering premium packages!”, were not substantiated with verifiable supporting data, and are misleading by exaggeration. Claim, “Adjudged as University with best placements”, was not substantiated with verifiable comparative data. The claim is not qualified to mention the source and date of research and is misleading by omission. Claim, “26.97 Highest package offered”, was not substantiated with evidence to prove that students were offered the claimed salary package, and is misleading by exaggeration. Claim, “Companies that visit only CU amongst the private institutions of North India”, was not substantiated with any verifiable comparative data of the advertiser’s institute and other similar institutes, or through a market survey data, and is misleading by implication and exaggeration. Claim, “Scholarships upto 100%”, was not substantiated with supporting evidence of 100% scholarships availed by any of their students, and was misleading by implication and ambiguity regarding the amount of scholarship and the total number of scholarships being offered. 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. These complaints were UPHELD."

 

COMPANY: "Ultra Card Print World Pvt. Ltd"
PRODUCT:"Print World"

COMPLAINT:

“ 1. Total Soluction of PVC Card. 2. For the first time in Gujarat, School-College- I Card made by French technology. 3. Beautiful photo quality, long durability.”

NATURE OF COMPLAINT:

1. What is meant by “total Soluction”? Please explain. 2. If it is “total Solution”, then how does it claim to be total Soluction of PVC Card? 3. Claim 2 needs to be substantiated by independent studies and research data. 4. Claim 3 is a subjective statement and needs to be substantiated with independent reports. According to us, the advertisement contravenes Chapter 1.1 and 1.4 of ASCI code Action to be taken: We propose that the advertisement should be immediately withdrawn.

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the grievances of the complainant and forwarded the details of the complaint, verbatim, to the advertiser with a request to respond to the same. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the print advertisement and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that the claim, “For the first time in Gujarat, School-College- I Card made by French technology”, was not substantiated with supporting data and is misleading by implication and exaggeration. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. This complaint was UPHELD. Claims, “Total Soluction of PVC Card”, and “Beautiful photo quality, long durability”, were not considered to be objectionable. This complaint was NOT UPHELD."

 

COMPANY: "Maja Health Care Division"
PRODUCT:"Vi-John Feather Touch Hair Remover Cream"

COMPLAINT:

“ 1. Actress Sunny Leone gives her testimony stating “My secret for a soft, feather like touch anytime, anywhere”. 2. Feather Touch Hair Removal Cream Haldi & Chandan. 3. Natural Fragrance, No Chemical Odour. 4. Remove hair with care. 5. Introducing Feather Touch Travel Pack: Summer is the season of holiday & travelling. So flaunt your favorite summer dresses & enjoy the season to the fullest with the FEATHER TOUCH hair removal cream. Now walk with the confidence of a feather soft skin.”

NATURE OF COMPLAINT:

1. As per the ASCI Guidelines for Celebrities in Advertising, a Celebrity should do due diligence to ensure that all description, claims and comparisons made in the advertisements they appear in or endorse are capable of being objectively ascertained and capable of substantiation and should not mislead or appear deceptive. The claims made by the celebrity (Sunny Leone) in this advt violate this clause of the ASCI guidelines. 2. Claims 2 to 4 need to be substantiated with independent studies and research data. 3. Does the product have enough quantity of Haldi and Chandan to have a significant impact? 4. What is meant by natural fragrance? 5. Are no chemicals added in this product? According to us, the advertisement contravenes Chapter 1.1 and 1.4 of ASCI code and the provisions of Guidelines for celebrity endorsement. Action to be taken: We propose that the advertisement should be immediately withdrawn.

Recommendation: NOT UPHELD

"The ASCI had approached the advertiser for their response in addressing the grievances of the complainant and forwarded the details of the complaint, verbatim, to the advertiser with a request to respond to the same. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat which they availed and submitted their written response. The advertiser had stated in their response that they are using extracts of Haldi and Chandan, and the chemical ingredients used in the product are mentioned on the pack and the product is odour less. As claim support data, the advertiser provided technical data sheet of Turmeric Oil, and sample of the product. The CCC viewed the print advertisement and considered the advertiser’s response. The CCC observed that the active ingredient used in the product is potassium thioglycolate (instead of thioglycolic acid which has a typical pungent odor) hence the advertiser has claimed that the product has “no chemical odour” and that they have added natural fragrance (extract of chandan). Based on this data, the CCC concluded that the claims, “Natural Fragrance”, and “No Chemical Odour”, were substantiated. The CCC noted that “Feather Touch Hair Removal Cream, Haldi & Chandan” was name of the product variant and not objectionable as it only referred to presence of the claimed ingredients. Claims, “Remove hair with care”, and “Introducing Feather Touch Travel Pack: Summer is the season of holiday & travelling. So flaunt your favorite summer dresses & enjoy the season to the fullest with the FEATHER TOUCH hair removal cream. Now walk with the confidence of a feather soft skin”, were considered to be generic claims for a depilatory product, and were not objectionable. The complaint was NOT UPHELD."

 

COMPANY: "Thiagarajar College of Engineering"
PRODUCT:

COMPLAINT:

“ 1. 60 years of Academic Excellence 2. NIRF Ranking Among IIT’s NIT’s, Universities and Engineering Colleges- 3. 37th Ranking in India. 4. Academic Process: Industry co-created Curriculum (TVS Motor) for Mechanical and Electrical & Electronics Engineering. Industry supported Labs- Intel, IBM, Motorola, Agilent, NI, TI, Microsoft, Freescale, ARM, BOSCH, Siemens… 5. NIRF Ranking Among Engineering Colleges- 4th in India, 3rd in Tamil Tadu, 1st in India for Research, 4th in India for Teaching and Learning. 6. Three U.S. patent and one India Patent. 7. 163 of 276 of the faculty possess Ph.D 8. One/Two credit courses by industries. 9. “Thiagarajar Telekom Solutions Pvt Ltd” an incubated company in TCE. 10. Innovation and Enterpreneurship Promotion Hub-EDII, Govt of Tamil Nadu.”

NATURE OF COMPLAINT:

1. Claims 1-10 need to be substantiated with independent reports. 2. How does the institution claim to have “60 years of Academic Excellence”? Does it have academic excellence since inception. 3. The year of the claims 2 and 3 need to be mentioned in the advt. 4. Kindly give details of patents possessed by the institution. Is it in the name of the institute or an individual possessing it, and associated with the institute? 5. In claim 7, are the 163 faculty with Ph.D mentioned of the current year (2017)? According to us, the advertisement contravenes Chapter 1.1, 1.4, 1.5 and provisions in guidelines for advertising of educational institution and programs 4.a and 4.b of ASCI code. Action to be taken: We propose that the advertisement should be immediately withdrawn.

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the grievances of the complainant and forwarded the details of the complaint, verbatim, to the advertiser with a request to respond to the same. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the print advertisement and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that – Claims, “60 years of Academic Excellence”, “Academic Process: Industry co-created Curriculum (TVS Motor) for Mechanical and Electrical & Electronics Engineering. Industry supported Labs- Intel, IBM, Motorola, Agilent, NI, TI, Microsoft, Freescale, ARM, BOSCH, Siemens…”, “Three U.S. patent and one India Patent”, “163 of 276 of the faculty possess Ph.D”, “One/Two credit courses by industries”, “Thiagarajar Telekom Solutions Pvt Ltd” an incubated company in TCE”, and “Innovation and Enterpreneurship Promotion Hub-EDII, Govt of Tamil Nadu”, were not substantiated with supporting data, and are misleading by exaggeration. Claims, “NIRF Ranking Among IIT’s NIT’s, Universities and Engineering Colleges”, “37th Ranking in India”, “NIRF Ranking Among Engineering Colleges- 4th in India, 3rd in Tamil Nadu, 1st in India for Research, 4th in India for Teaching and Learning”, were not substantiated with ranking data as claimed in the advertisement. The claims are not qualified to mention the source and date of research and are misleading by omission. The advertisement contravened Guidelines for Advertising of Educational Institutions and Programs as well as Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY: "SBS Biotech"
PRODUCT:"Accumass"

COMPLAINT:

“ 1. Why only Accumass? – Because it has balanced combination of 18 special Ayurvedic herbs. 2. The names of 6 types of ayurvedic herbs are indicated with pictures and benefits. 3. Ayurvedic formulation to help gain weight for all ages. 4. 100% Ayurvedic. 5. Increase body weight not fat. 6. *Gain weight according to your body capability to absorb extra calories from Accumass, Results may vary. 7. Don’t get upset if you are extremely thin, Accumass ayurvedic Granules and capsules are very useful in gaining weight and increasing self-confidence. 8. It is a certified ayurvedic medicine. 9. Increase weight, develop confidence. 10. Awarded as World’s Greatest Brand 2015-16 by IUA and Most Trusted Brand of Asia by World Brand Summit.”

NATURE OF COMPLAINT:

1. Claims 1 to 10 need to be substantiated with data from independent scientific studies. 2. Accumass claims to be a balanced combination of which18 special ayurvedic herbs? Is it backed by independent report? How useful in gaining weight? Explain. 3. If it is a balanced combination of 18 herbs, then why only 6 types of herbs are highlighted? Has it been confirmed by an Independent Agency that those herbs are really helpful in gaining weight? 4. How can it be claimed that it is an ayurvedic formulation to help gain weight for all ages? It needs to be substantiated by an independent research. 5. Are Accumass granules and capsules meant for different purposes? If yes, then this is an omission in advt. Please explain. 6. How can it be claimed that it increases weight and not fat? Has it been substantiated by any research? 7. How is weight gain related to increase in self-confidence? Please explain. 8. By which agency it is certified as ayurvedic medicine? Please give details. 9. The advt promotes a wrong idea of body weight being related to confidence. 10. With reference to Claim 10, please share the details of the survey on which claims are made. According to us, the advertisement contravenes Chapter 1.1 and 1.4 of ASCI code. Action to be taken: We propose that the advertisement should be immediately withdrawn.

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the grievances of the complainant and forwarded the details of the complaint, verbatim, to the advertiser with a request to respond to the same. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the print advertisement and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that – Claims, “Why only Accumass? – Because it has balanced combination of 18 special Ayurvedic herbs” and “names of 6 types of ayurvedic herbs indicated with pictures and benefits”, were not substantiated with supporting data showing presence of these ingredients in the product, and are misleading Claims, “Ayurvedic formulation to help gain weight for all ages”, “100% Ayurvedic”, “Increase body weight not fat”, “*Gain weight according to your body capability to absorb extra calories from Accumass, Results may vary”, “Don’t get upset if you are extremely thin, Accumass ayurvedic Granules and capsules are very useful in gaining weight and increasing self-confidence”, “It is a certified ayurvedic medicine”, and Increase weight, develop confidence”, were not substantiated with product efficacy data, and are misleading by exaggeration. Claim, “Awarded as World’s Greatest Brand 2015-16 by IUA and Most Trusted Brand of Asia by World Brand Summit”, was not substantiated with copy of the award/certificate as claimed, the details of the process as to how the selection was done i.e. survey methodology, details of survey data, criteria used for evaluation, questionnaires used, names of similar competitive products that were part of the survey, the outcome of the survey, and the credibility and authenticity and name of the certifying body was not provided by the advertiser. The claim is misleading by exaggeration. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY: "The Coca-Cola India Pvt. Ltd"
PRODUCT:

COMPLAINT:

“ 1. 131 year younger. 2. Did you know? Coca-Cola is the 2nd most recognized word across the world, the first being OK. 3. Coca-Cola helped create the modern day image of Santa Claus the Jolly man with the white beard and red suit. 4. 1.9 billion Servings of The Coca-Cola Company products are sold each day. During the first year that Coca- Cola was introduced, back in 1886, sales averaged a modest nine drinks per day. 5. Coca-Cola is the longest serving partner of the Olympic Games since 1928. 6. Coca-Cola’s partners have revitalized over 6000 schools across India with better amenities as part of support My School Campaign.”

NATURE OF COMPLAINT:

1. Claims 1 to 6 need to be substantiated with reports from independent agencies. 2. Claim 2 needs to be substantiated with data and source. 3. Source of all the claims 1 to 6 are not mentioned in the advt which means there is a omission of information and violates the provision of chapter 1.2 of ASCI code. According to us, the advertisement contravenes Chapter 1.1, 1.2 and 1.4 of ASCI code Action to be taken: We propose that the advertisement should be immediately withdrawn

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the grievances of the complainant and forwarded the details of the complaint, verbatim, to the advertiser with a request to respond to the same. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint, despite ASCI reminder. The CCC viewed the print advertisement and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that the claims, “131 year younger”, “Did you know? Coca-Cola is the 2nd most recognized word across the world the first being OK”, “1.9 billion Servings of The Coca-Cola Company products are sold each day. During the first year that Coca- Cola was introduced, back in 1886, sales averaged a modest nine drinks per day”, “Coca-Cola is the longest serving partner of the Olympic Games since 1928”, and “Coca-Cola’s partners have revitalized over 6000 schools across India with better amenities as part of support My School Campaign”, were not substantiated with supporting data, and are misleading by exaggeration. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. This complaint was Claim, “Coca-Cola helped create the modern day image of Santa Claus the Jolly man with the white beard and red suit”, was not considered to be objectionable. This complaint was NOT UPHELD."

 

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

COMPLAINT:

“Increase Height With Ayurveda.”

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"Stature Of Person Item No. 47- DMR Act"

 

COMPANY: "Shree Ujjawal Ayurveda"
PRODUCT:"Shree Ujjawal Ayurveda Products"

COMPLAINT:

“ 1. Increase Sex Time Upto 25-30 Minutes Without Interruption. 2. Increase Length And Thickness Of Organ, Sperm Related Problems, Premature Ejaculation, Nightfall, Organ Laxity, Childhood Mistakes. 3. The Visual In The Ad Read In Conjunction With The Claims Objected To Implies That The Products Are Meant For The Enhance Ment Of Sexual Pleasure.”

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

" The maintenance or improvement of the capacity of human beings for sexual pleasure Section 3(b)- DMR Schedule Sexual Impotence Item no. 45- DMR Schedule"

 

COMPANY: "Rogmukti Ayurvedic Clinic"
PRODUCT:

COMPLAINT:

“ 100% Guaranteed Ayurvedic Treatment for Sex Weakness -Quick Discharge -Night Fall -Infections -Less Sperm Counting -Short Bend Loose Penis”

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

" Sexual Impotence Item no. 45- DMR Schedule The maintenance or improvement of the capacity of human beings for sexual pleasure Section 3(b)- DMR Schedule"

 

COMPANY: "Ratan Ayurvedic Sansthan Pvt.Ltd."
PRODUCT:"Sudol Body Toner Capsules"

COMPLAINT:

" 1. I Have Found So Much Happiness That I Am Unable To Keep It In My Body. 2. If You Are Broad Minded Sudol Will Help Increase Your Self-Confidence 3. Enhances The Beauty Of Women. 4. The Visual in the advertisement and Product Packaging When Read In conjunction With the claims 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 Schedule"

 

COMPANY: "Positive Homeopathy"
PRODUCT:"Positive Slimming"

COMPLAINT:

"Celebrate The Freedom Form Obesity Through Positive Slimming"

NATURE OF COMPLAINT:

"1. Which is the survey based on which Haier claims to be world no 1 deep freezer brand? 2. How does it claim to give 40% savings in electricity? 3. Claims 1‐4 need to be substantiated with data from independent scientific studies According to us, the advertisement contravenes Chapter 1.1 and 1.5 of ASCI code”"

Recommendation: UPHELD

"Obesity Item No.38- DMR Act"

 

COMPANY: "Nisargalaya Drugs Pvt. Ltd."
PRODUCT:"Phyto X-Tra Power

COMPLAINT:

“ 1. Increase The Quantity And Quality Of The Semen. 2. Increases Vitality 3. Cures Nerves Weakness And The Sex Organs. 4. Effective on premature ejaculation and on nocturnal emission. 5. Rejuvenated Female Organs And Helps In Maintaining A Perfect Hormone Balance. 6. The Visual On The Ad And Product Packaging When Read In Conjunction With The Claims Objected To Implies That The Product Is Meant For Enhancement Of Sex.”

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"Sexual Impotence Item no. 45- DMR Schedule The maintenance or improvement of the capacity of human beings for sexual pleasure Section 3(b)- DMR Schedule"

 

COMPANY: "Nirog Ayurvedic Center"
PRODUCT:

COMPLAINT:

"Get Rid Of Wart Haemorrhoids, Fistula Within 15 Days With AFRT Medicine Made From New Ayurvedic Rare Herbs."

NATURE OF COMPLAINT:

Recommendation: UPHELD

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

 

COMPANY: "Manishree Homeopathic Clinic"
PRODUCT:

COMPLAINT:

"1. Magic Action Within 15 Days. 2. High Blood Pressure-Quick And Permanent Cure Within Short Period."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"High Blood Pressure Item No.27- DMR Schedule"

 

COMPANY: "Hamdard Laboratories India"
PRODUCT:"(Hamdard Wellness)"

COMPLAINT:

“For Natural Cure Visit Hamdard Center For The Following And Various Problems-Diabetes Heart”

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"Diabetes Item No. 9- DMR Schedule Heart Diseases Item No.26- DMR Schedule"

 

COMPANY: "Dr. Dassan’s Life Care Ayurvedic Herbal Treatment And Research Centre"
PRODUCT:"Times Spark"

COMPLAINT:

“ 1. Paralysis Patients Get Saved From Getting handicap. 2.After A Sezure His Legs, Forearm, Hands And Tongue Were Not Working through Dr Dassans Treatment For 15days, He Is Completely Cured.”

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Paralysis Item No. 39- DMR Schedule"

 

COMPANY: "B C German Homeo Clinic"
PRODUCT:

COMPLAINT:

"Successfully Treated Diseases Like Epilepsy, Leukoderma (White Spot), Arthritis, Etc Incurable Diseases"

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"Leucoderma Item No. 33- DMR Schedule Rheumatism Item No. 43- DMR Schedule"

 

COMPANY: "Dr H.L. Parmar Ayurved & Panchkarm Hospital"
PRODUCT:

COMPLAINT:

"Provides Successful Treatment Through Panchakarma And Ayurveda Method To Diseases Like Stone Diseases, And Diabetes"

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"Kidney Stone Item No.22- DMR Schedule Diabetes- Item No. 9- DMR Schedule"

 

COMPANY: "Prince Pharma"
PRODUCT:"2much Gold Capsules"

COMPLAINT:

“1.My husbands love has never gone faded, you know why?Coz he has 2 Much Gold Capsules that keep the feeling of love intact and does not allow it to reduce. 2.problems like weakness due to increasing age. 3. For Stamina”.

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"Sexual Impotence Item no. 45- DMR Schedule The maintenance or improvement of the capacity of human beings for sexual pleasure Section 3(b)- DMR Schedule"

 

COMPANY: "SDI Herbo-Chem Pvt. Ltd - Zosh Ayurvedic Oil and Capsules"
PRODUCT:

COMPLAINT:

“ 1. Ayurvedic Oil and Capsule for Men 2. Power and Stamina for men. 3. The visual on the product packaging read in conjunction with the claims objected to implies that the product is meant for sexual enhancement.”

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"Sexual Impotence Item no. 45- DMR Schedule The maintenance or improvement of the capacity of human beings for sexual pleasure Section 3(b)- DMR Schedule"

 

COMPANY: "Dindayal Aushadhi Pvt Ltd"
PRODUCT:"303 Gold Power Oil"

COMPLAINT:

" 1. For Men Only 2. The visual on the product packaging read in conjunction with the claim objected to implies that the product is meant for sexual enhancement."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The maintenance or improvement of the capacity of human beings for sexual pleasure Section 3(b)- DMR Schedule Sexual Impotence Item no. 45- DMR Schedule"

 

COMPANY: "Sun Laboratories (P) Ltd."
PRODUCT:"Titanic-K2 Plus Capsule"

COMPLAINT:

" 1. Now twice the strength 2. Power capsule for men 3. The first choice of men which gives the pleasure of masculinity for longer duration without any side effects. 4. The visual on the product when read in conjuction with the claims objected to implies that the product is meant for sexual enhancement."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The maintenance or improvement of the capacity of human beings for sexual pleasure Section 3(b)- DMR Schedule Sexual Impotence Item no. 45- DMR Schedule"

 

COMPANY: "Gaharwar Pharma Products Pvt. Ltd."
PRODUCT:"P.V Tone Oil and Capsule"

COMPLAINT:

"1. Wonderful formula to increase excitement and strength. 2. And helps to promote desire 3. Ad shows visuals of lovebirds implying product meant to enhance sexual pleasure."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The maintenance or improvement of the capacity of human beings for sexual pleasure Section 3(b)- DMR Schedule Sexual Impotence Item no. 45- DMR Schedule"

 

COMPANY: "Men’s Health Clinic"
PRODUCT:

COMPLAINT:

"1. A trusted place for solution of sexual problems of men. - Premature Ejaculation - Impotency 2. Discharge of sperm, Semen thinness, Weakness due to Diabetes, Low Libido. 3. The visual in the ad read in conjunction with the claims objected to implies that the treatment is meant for sexual enhancement."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Sexual Impotency Item no. 45- DMR Schedule The maintenance or improvement of the capacity of human beings for sexual pleasure Section 3(b)- DMR Schedule"

 

COMPANY: "Homeocare International Pvt. Ltd."
PRODUCT:

COMPLAINT:

"By Genetic constitutional method rectifying the defects caused by infertility which is raised in men and women. Not only giving permanent solution but also laying the path for having second or third child."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Sterility in women Item no 48- DMR Schedule Sexual Impotence Item no. 45- DMR Schedul

 

COMPANY: "Dr. Atul Mishra German Homoeopathic Agency & Clinic"
PRODUCT:

COMPLAINT:

"Helps to cure diseases such as veneral diseases, premature ejaculation and spermatorrhea from the roots etc."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Venereal diseases including syphilis, gonorrhea, soft chancre, venereal granuloma and lymphogranuloma- Item no. 54- DMR Schedule Sexual Impotence Item no. 45- DMR Schedule"

 

COMPANY: "Diacure Herbal Powder"
PRODUCT:

COMPLAINT:

"Kidney stone syrup will remove the stone in kidney-100% cure in 12 hours."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"Kidney Stone Item No.22- DMR Schedule"

 

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

COMPLAINT:

"1. For good results, for 60 days daily take 3 capsule and massage with cream twice a day. 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 Schedule"

 

COMPANY: "Gaharwar Pharma Products Pvt. Ltd."
PRODUCT:"Gaharwar OTC Products"

COMPLAINT:

1. Gain power 2. Improve your libido by using it 3. The visual in the ad read in conjunction with the claims objected to implies that the product is meant for sexual enhancement."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

" 1. Gain power 2. Improve your libido by using it 3. The visual in the ad read in conjunction with the claims objected to implies that the product is meant for sexual enhancement."

 

COMPANY: "Rajnish Hot Deals Pvt. Ltd."
PRODUCT:"TPlayWin Plus Capsule"

COMPLAINT:

"1. Increase vigour, strength,energy and pep. 2. helpful in preventing premature ejaculation. 3. For powerful stamina. 4. The visual in the Ad read in conjunction with the claims objected to implies that the product is meant for sexual enhancement."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The maintenance or improvement of the capacity of human beings for sexual pleasure Section 3(b)- DMR Schedule Sexual Impotence Item no. 45- DMR Schedule"

 

COMPANY: "Rajnish Hot Deals Pvt. Ltd."
PRODUCT:"PlayWin Plus Capsule"

COMPLAINT:

"1. Increase vigour, strength, energy and pep. 2. helpful in preventing premature ejaculation. 3. For powerful stamina. 4. The visual in the Ad read in conjunction with the claims objected to implies that the product is meant for sexual enhancement."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The maintenance or improvement of the capacity of human beings for sexual pleasure Section 3(b)- DMR Schedule Sexual Impotence Item no. 45- DMR Schedule"

 

COMPANY: "Rajnish Hot Deals Pvt. Ltd."
PRODUCT:"PlayWin Plus Capsule"

COMPLAINT:

"1.Increase vigour, strength, energy and pep. 2. For powerful stamina. 3. The visual in the Ad read in conjunction with the claims objected to implies that the product is meant for sexual enhancement."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The maintenance or improvement of the capacity of human beings for sexual pleasure Section 3(b)- DMR Schedule Sexual Impotence Item no. 45- DMR Schedule"

 

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

COMPLAINT:

" 1. Helps keep the power and pep in body intact and makes body strong. 2. For excitement, vigour and strength. 3. The advertisement provides link to website (https: //www.stayonpowercapsule.com/stay-on-powercapsule.html ; https://www.stayonpowercapsule.com/) which refers to Stay-On Capsules are a miracle of Ayurveda, and while these are very effective for ensuring sexual well being and letting you get over sexual dysfunctions. 4. The visual in the ad and product packaging read in conjunction with the claims objected to implies that the product are meant for the enhancement of sexual pleasure"

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The maintenance or improvement of the capacity of human beings for sexual pleasure Section 3(b)- DMR Schedule Sexual Impotence Item no. 45- DMR Schedule"

 

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

COMPLAINT:

" 1. The magic of intimacy remains constant. 2. You will get a feeling of youthfulness, immunity power, pep, excitement, strength and vigour physically and mentally. 3.The visual in the ad and product packaging read in conjunction with the claims objected to implies that the product is meant for the enhancement of sexual pleasure. 4.The advertisement provides link to website (https: //www.stayonpowercapsule.com/stay-onpowercapsule. html ;) which refers to Stay-On Capsules are a miracle of Ayurveda, and while these are very effective for ensuring sexual well being and letting you get over sexual dysfunctions."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

" 1. The magic of intimacy remains constant. 2. You will get a feeling of youthfulness, immunity power, pep, excitement, Sexual Impotence Item no. 45- DMR Schedule"

 

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

COMPLAINT:

" 1. Tagline translated as “My heart goes crazy for you”. 2.Use of Stay-On will give you a feeling of youthfulness, immunity power, pep, excitement, strength and vigour physically and mentally. 3. The visual in the ad and product packaging read in conjunction with the claims objected to implies that the product are meant for the enhancement of sexual pleasure. 3.The advertisement provides link to website (https://www.stayonpowercapsule.com/stay-onpowercapsule.; ) which refers to Stay-On Capsules are a miracle of Ayurveda, and while these are very effective for ensuring sexual well being and letting you get over sexual dysfunctions."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The maintenance or improvement of the capacity of human beings for sexual pleasure Section 3(b)- DMR Schedule Sexual Impotence Item no. 45- DMR Schedule"

 

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

COMPLAINT:

" 1. Your partners love will get stronger. 2.Use of Stay-On will give you a feeling of youthfulness, immunity power, pep, excitement, strength and vigour physically and mentally. 3. The visual in the ad and product packaging read in conjunction with the claims objected to implies that the product are meant for the enhancement of sexual pleasure. 4.The advertisement provides link to website (https://www.stayonpowercapsule.com/stay-onpowercapsule.; ) which refers to Stay-On Capsules are a miracle of Ayurveda, and while these are very effective for ensuring sexual well being and letting you get over sexual dysfunctions."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The maintenance or improvement of the capacity of human beings for sexual pleasure Section 3(b)- DMR Schedule Sexual Impotence Item no. 45- DMR Schedule"

 

COMPANY: "Rajnish Hot Deals Pvt. Ltd-Kasaav Powder"
PRODUCT:

COMPLAINT:

" 1. Provides youthfulness to women at every moment of life. 2. remove problems in women like white discharge, itching, odour and infection. 3. generates awareness of new enthusiasm and confidence and youthfulness in just 15 days"

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The maintenance or improvement of the capacity of human beings for sexual pleasure Section 3(b)- DMR Schedule Sexual Impotence Item no. 45- DMR Schedule"

 

COMPANY: "Sai Clinic"
PRODUCT:

COMPLAINT:

"Cures Obesity without diet or medicine. “Dr V R Kumbhar ,Sai clinic, is advertising on social media and internet that he cures obesity without diet or medicine and is giving 100% guaranty for its treatment. This is totally misleading as no one can give guaranty for any treatment and how it is possible without diet and medicines. Please make enquiry for this issue and take strict action if guilty. Thank You”"

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"Obesity Item no-38 DMR Act"

 

COMPANY: "Gaudium IVF and Gynae Solutions"
PRODUCT:

COMPLAINT:

"The wait for your own child is now over…Come to gaudium IVF – Transforming Hopes into Realities."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"Sterility in women Item no 48- DMR Schedule"

 

COMPANY: "Stammering Relief Centre"
PRODUCT:

COMPLAINT:

"Stuttering In Just 2 Weeks - 100% Guarantee"

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"Stammering Item No. 49-Schedule J"

 

COMPANY: "Holistic Treatment Center"
PRODUCT:

COMPLAINT:

"Get Freedom From Stammering And Speak Fluently Like Others."

NATURE OF COMPLAINT:

 

Recommendation: NOT UPHELD

"Stammering Item No. 49-Schedule J"

 

COMPANY: "V-Care Skin Clinic & Piles Centre"
PRODUCT:

COMPLAINT:

“Get Full Freedom from Piles, Fissures and Fistula Diseases.”

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

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

 

COMPANY: "Sarvoday Skin And Hair Clinic"
PRODUCT:

COMPLAINT:

"Successful Treatment Of Diseases Like White Spots"

NATURE OF COMPLAINT:

Recommendation: NOT UPHELD

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

 

COMPANY: "One MobiKwik Systems Private Limited "
PRODUCT:"(Mobikwik)"

COMPLAINT:

"Advertised for Rupees denominated cash back but gave their own digita currency (i.e. Supercash). Further this currency comes with expiry date.I have added screen shots of the advertisement clearly showing that they offer Rupee denominated cashback.And also response of mobikwik accepting that they have added their own currency."

NATURE OF COMPLAINT:

 

Recommendation: NOT UPHELD

"The ASCI had approached the advertiser for their response in addressing the grievances of the complainant and forwarded the details of the complaint, verbatim, to the advertiser with a request to respond to the same. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat which they did not avail, but submitted their written response. The advertiser had stated in their response that the Ad – SMS is a promotional offer for the Users in which the User who will reinstall the Mobikwik app through the link provided in the SMS will be redirected to the Playstore/Appstore available on ios and android devices. Once the User has reinstalled the Mobikwik app, to avail this offer, User is required to Add Rs. 100/- in the Mobikwik wallet in order to gain cashback of Rs. 30/- equivalent of SuperCash as made available on www.mobikwik.com and also mentioned in the said app stating all the necessary information about SuperCash and use of super cash. Advertiser provided a copy of the terms and conditions of the offer. The CCC viewed the Ad – SMS and considered the advertiser’s response, and also verified the terms and conditions of the offer, and observed that a user gets a Rs.30 SuperCash on adding money on MobiKwik App or website, and the minimum amount spend to redeem the offer is Rs.100. The user of the app is generally aware that this amount is in digital currency and regularly avails such benefits offered by the advertiser. Based on this information, the CCC concluded that the claim offer “Use Chance30 and Get Rs.30 on add money of Rs.100”, was not objectionable. The complaint was NOT UPHELD."

 

COMPANY:"Usha International Ltd."
PRODUCT:"Usha Honeywell Evaporative Air Cooler"

COMPLAINT:

“The above mentioned company is selling Usha Honey well evaporative water cooler, Model No.CL601PM, stating about the cooling area is 80Sq.m (metre) over the packing box with other features. But actually it does cool 80Sq.m at all. They could not admit my complaint tried only to pass over the point of cooling area and also informed different technical points. Generally cooler is used during very hot in summer but when the question arised about the cooling area, they informed about the humidity etc.(ref. mail dated 10.7.2017 sent to me). My complain is, if the claim of the company (Usha) about cooling area (80sq.m) of the said evaporative cooler was not advertise, I should have option to choice other than Usha Honey well evaporative water cooler and also there was possibility to purchase or not to purchase. But claiming about the performance (cooling area), the said company (usha) has given bluff for large selling as well as has cheated me, which should be judged by your Deptt.Please read the 2nd line of below matter as "But actually it does not cool 80 Sq.m at all." However, hope an early action in this regard will be taken from your end and Govt. of India may also be requested to take necessary action for selling such cooler giving false assurance. Awaiting your proper action please.The reviewing comments on my earlier complaint as given above, may not be wright as the said product packing box is printed as "Cooling area 80 Sq. Meter", that means the consumer will be convinced to purchase seeing the cooling area (as committed by Usha) which is very attractive. But actually the cooling air is enjoyable by the persons sitting in front of the cooler only. It may also to be noted that before purchase & use of any cooler, none has scope to verify any commitment given by the company.So please treat the case as false & misleading advertisement by Usha. It will be more helpful if the facebook No. of ASCI is available, the printed cooling area advertisement of the packing box picture will be shared from my fb a/c. for your kind information and in support of my statement. Please confirmThe picture of packing box of Usha Honeywell evaporative Air Cooler, CL601 as well as the commitment of Usha, against which the said Air Coolers were purchased by me, are sent herewith as attachment for your ready reference. The same will prove that how the company is giving fake assurance for large selling of products, which should imediately be stopped and relief against suffering by the customer should also be forced to be extended by the company .Hope necessary step will be taken by you under intimation to me.”

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI had approached the advertiser for their response in addressing the grievances of the complainant and forwarded the details of the complaint, verbatim, to the advertiser with a request to respond to the same. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat which they did not avail, but requested for additional time to submit their response. The advertiser was granted an extension of five days to the standard lead time of seven days to submit their reply in response to their request for extension. The advertiser had in their response argued that the alleged complaint is about product specification as mentioned on the product packaging and is outside the scope and jurisdiction of ASCI. Advertiser further stated that the cooling area of the Air Cooler is defined by amount of cool air volume discharged divided by a factor of 12 nos. which gives cooling volume. To calculate cooling area, the value is divided by height of the ceiling as 2.5 mtrs. The amount of air discharged as measured by NABL accredited lab is 2577m3/hr. Based upon the same, the cooling area comes out to be 85.9 square metres. However, adopting a conservative approach, cooling area has been mentioned as “Cools Up To 80 Square Metres”.As claim support data, the advertiser provided a copy of the User tips and safety instructions, and user manual of portable Evaporative Air Coolers.The claim support data provided by the advertiser was reviewed by the technical expert of ASCI. The CCC viewed the product packaging and considered the Advertiser’s response as well as the opinion of the Technical expert presented at the meeting. Further on the ASCI’s request, the advertiser explained the formula used to calculate cooling area of the Air cooler. Regarding the advertiser’s comment on product specification on the product packaging being outside the scope and jurisdiction of ASCI, the CCC referred to the ASCI Code for Self-Regulation in Advertising which states that “any written or graphic matter on packaging, whether unitary or bulk, or contained in it, is subject to this Code in the same manner as any advertisement in any other medium”. The CCC observed that the capacity of an evaporative cooler is determined by: (area to be cooled x height of ceiling)/divided by 2 = air flow rate required in CFM (cubic feet flow per minute). So if this is applied it works out (area=80 square meter) x (ceiling height=2.5 meter) = 200 cubic meter; this is equal to 35.14 x 200 = 7028 cubic feet ; this divided by 2 = 3514 CFM is the capacity needed. Whereas, the Advertiser has claimed a NABL measured flow rate of 2577 cubic meter per hour = 2577/60 = 42.95 cubic meter/min = 35.14 x 42.95 = 1509 (CFM). The CFM capacity of cooler appears to be less than required. This calculation does not support the claim as it will not work to cool 80 square meter (with 2.5 meter ceiling height). The CCC noted that the claim is subject to test conditions and due to other variables in a consumer home settings, the performance in home situation could vary. The reference to “test condition” was not considered to be objectionable; However, the CCC concluded that the product packaging claim, “Cools Up To 80 square metres”, was inadequately substantiated under test conditions and is misleading by exaggeration, and contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

COMPANY:Efficient Brainy
PRODUCT:

COMPLAINT:

“ 1. Unbelievable concepts for your child 2. Whole brain training and super sensory development program 3. DMRIT smart kit 4. Develop concentration 5. Boost up memory 6. Increase creativity 7. Here is the time to give up your worries and gift your child a brain development program for him/her to become a supergenius child! 8. Whole brain development program 9. Use both sides of your brain left and right and become a super genius 10. DMIT (dermatoglyphics multiple intelligence test) 11. Smart kid kit- Help your child to be better than the best”

NATURE OF COMPLAINT:

“I wish to bring to your kind attention a false and misleading ad by M/s Smart Brainy, near SriMahalingeshwara Temple, Govt. Junior College Road, Kombettu, Puttur-574201 which makes a whole lot of false and misleading claims. A press note has been already released about that by us which is as follows: Midbrain activation with a new name! As the bard of Stratford on Avon said "What's in a name? That which we call a rose by any other name would smell as sweet." - ! The same cannot be said about Midbrain activation because the scam has entered our district with another name which smells as bad! While all experts in psychology, psychiatry and education are in agreement over that there are no methods to increase the intelligence or memory but only methods to make efficient use of them a myriad of quacks peddle their dubious wares promising parents that their progeny are the most brilliant but hitherto unrecognised geniuses on terra firma! All that is needed to bring out this latent talent is the right stimulus which who but the Efficient Brainy academy can provide!So in other words for a set fee each and every child can be made into genius!To develop confidence they claim affiliation to International Brain Research Organisation, a body unheard of in academic circles and Society for Neurosciences as if these are some statutory bodies!Despite of all the claims of enhancing the faculties and abilities the only tangible item to convince the parents and the public is their usual stunt of blind folded seeing! The blind folds with padding are tied and the child sees through them and this should convince even the most cold hearted and tight fisted parent that the genius of his/her progeny has been unleashed and the offspring can rise to the top of the world! Their blurb too promises that that we can do anything blindfolded seems to be the catchy slogan for theworld! The previous avatar of the same scam going by the name of Midbrain activation had been exposed by us more than two years back and now has sprung up with a new name! But, the activities that happen under this training are cloaked in mystery . The children (mind you this is only for them) are taken into premises which are out of bounds to parents, elders or any one else for that matter! Again, if you think that this activity springs from a desire for social service you are wrong again! One has to pay a stiff fee of a cool ten thousand rupees to make his/her child brainy! Well how does this work? Can one see with the eyes blind folded? That seems to be big mystery to all except us who have exposed their modus operandi long back. This video which has been seen by lakhs of people shows how we exposed it two and a half years ago at Kozhikode. The scam industry which took a death blow then is yet to recover in Kerala! We are always asked questions as to how the children can see through the blind fold. The fact is that they cannot.But, they are so much brain washed by those who run these scams that they are led to believe that they are seeing through the blind fold while they are actually peeking through the gaps! They are also threatened that they will turn blind if they reveal the secret or that it is a well kept secret like the tricks of the magicians and should not be revealed. On boy whom I had exposed two years back agreed that he was lying but it was out of consideration for his parents who had spent 60k on taking him and his younger brother all the way to Mumbai to get their 'midbrain activation' done!https://www.youtube.com/watch?v=V6dDfGqnZQM You could check these links too: http://nirmukta.com/2015/06/01/midbrainactivation-a-scam/ http://nirmukta.com/2015/04/26/midbrainactivation-challenge-an-update/ We are told that after the grand inauguration at Puttur with a few guests the scamsters intend to take it all over the district. We caution parents and educational institutions not to fall for this scam. By the way we are ready to test the claims of blind folded seeing at any time with methods of blocking light which we see fit and objects to be identified which we provide to the degree of specificity we shall define to check the abilities to see without light falling on the retina under fool proof conditions. As for their magnum opus of training children to see blind folded we can do it free of charge for any child in a few minutes with the permission of the parents or for any adult who has good eye sight without glasses.We request the department of public instructions the CWC, the district administration to be watchful of such scams which may cause permanent damage to the psyche of impressionable children.these ads make a number of false and misleading claims including that it develops extra sensory perception a tall claim by any standards.I have attached the copies of their pamphlet which is an ad along with this. I request you to take action on this immediately before the scamsters vanish with public money and cause irreversible damage to the psyche of children.With ref, to my complaint, here are the claims I find objectionable:Affiliation to International brain research organisation and Society for neurosciences making it appear as if these are some statutory bodies. These are unknown in professional and academic circles. Page 1. 1. Unbelievable concepts for your child- truly unbelievable claim! 2. Whole brain training and super sensory development program- a un supported claim that the 'whole brain' can be trained! 3. DMRIT smart kit- supposed to be an analysis of finger prints to say what career the child is suited for - a wild claim. three more claims under boost your child's ability: 1, Develop concentration- a claim without any supporting evidence. 2. Boost up memory- so far there is nothing which can increase memory power. 3. Increase creativity- a unsupported claim. In Kannada - Puttur's efficient brainy children are we who can do anything with our eyes blindfolded- a spurious claim. There is no way by which a person can see without light falling on the retina. That is a cheating claim because the children are made to peek through the gaps between the blind fold and the nose.The main objection to this claim is that the children are made to tell lies that they cannot see through the blind fold. Page 2, after a number of statements about child's mental intelligence etc. The last sentence: "Here is the time to give up your worries and gift your child a brain development program for him/her to become a supergenius child!" No sane person will agree with this that each child can be made a genius. Obviously a false claim to make parents join their course. Again Efficient Brainy offering unbelievable concepts for your child! Whole brain development program- a misleading statement. Use both sides of your brain left and right and become a super genius- a concept without any evidence. DMIT (dermatoglyphics multiple intelligence test-) except for identification purposes there is no evidence that finger prints being linked to anything else. Smart kid kit- Help your child to be better than the best- while wondering what it may be it is obviously misleading to the core. We are told that the 'classes' are held in total secrecy and parents are not allowed inside. A visit to the site www.efficient brainy.com advertised shows more wild claims. So, this set up as well as their franchiser whose address is 4855/83, 1st floor Sri Lakshmi complex, Sadashiv Nagar, APMC road, Belagavi -590001 should be jointly held liable to prove the claims.”

Recommendation: UPHELD

"The ASCI had approached the advertiser for their response in addressing the grievances of the complainant and forwarded the details of the complaint, verbatim, to the advertiser with a request to respond to the same. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat which they did not avail, but submitted their written response. The advertiser had stated in their response that Efficient Brainy is engaged in the activity of training students in the form of external education.Advertiser also stated that there are any errors made in the advertisement communication for which they are ready to amend the same, and sought for Informal Resolution (IR) of the complaint. However, they did not complete the formalities by giving the required compliance undertaking for IR. Therefore, the complaint was processed for CCC deliberations.As claim support data, the advertiser provided a copy of the company profile, research documents about their training programmes, links of national and international media reports, testimonials, training schedule, and details of their social activities.The claim support data provided by the advertiser was reviewed by the technical expert of ASCI. The CCC viewed the print advertisements and considered the Advertiser’s response as well as the opinion of the Technical expert presented at the meeting. The CCC observed that -Claim, “Whole brain training and super sensory development program”, “Whole brain development program” – Advertiser stated that it is a name of a training program and cannot be changed. The CCC noted that the claim support data provided was more descriptive in nature and no conclusive evidence was provided apart from discussing Anatomy and Physiology of brain. Claims were inadequately substantiated and are misleading by exaggeration.Claim, “DMRIT Smart Kit” - Advertiser stated that the name mentioned here is wrong; the program which they have is DMIT. For claim, “DMIT (dermatoglyphics multiple intelligence test)” - Advertiser stated that it is a finger print analysis to know the in-born intelligence's of the child. However, no conclusive scientific data was provided in support of this claim. Claim DMIT was not substantiated and is misleading by exaggeration.For claims, “Develop concentration”, “Boost up memory” - Advertiser stated that it was the outcome of the training program. For claim, “Increase creativity” – Advertiser stated that continuous practice of the training program leads to increase in creativity.For claim, “Smart kid kit- Help your child to be better than the best” – Advertiser stated that it is an audio-video aid for intellectual development of the child containing the school syllabus as per their respective boards.These claims were not substantiated with supporting data and are misleading by exaggeration.Claims, “Use both sides of your brain (left and right brain) in tandem and become a super genius”, “Affiliation to International brain research organisation and Society for neurosciences”, and Claim (in Kannada) as translated in English, “Puttur's efficient brainy children are we who can do anything with our eyes blindfolded”, were not substantiated, and are misleading by exaggeration.Visuals showing children blindfolded and claiming “I can still read”, “I can still write”, “I can still play”, I can still walk”, are misleading by gross exaggeration, and exploits the consumers’ lack of knowledge and is likely to lead to grave or widespread disappointment in the minds of consumers.The CCC noted the advertiser’s response that the claims, “Unbelievable concepts for your child” and “Here is the time to give up your worries and gift your child a brain development program for him/her to become a supergenius child!”, are being deleted from their advertisements.The Ads – Pamphlets contravened Chapters I.1, I.4 and I.5 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Lifespan Wellness Pvt. Ltd."
PRODUCT:"Lifespan Diabetes Clinics"

COMPLAINT:

"“The advertisement under reference is based on a case Study. Advertisements based on case studies are in all likelihood likely to be misleading. A case study can be part of a news but not of advertisement. Instead of quoting case studies, advertisers should only be allowed to quote controlled studies confirming to national or international (in absence of national) statutory regulations."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

The ASCI approached the advertiser for their response in addressing the grievances of the complainant and forwarded the details of the complaint, verbatim, to the advertiser with a request to respond to the same. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the print advertisement and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that the advertisement headline claim, “From Insulin to No Insulin – the life story of Palas Panja”, was not substantiated with supporting clinical evidence. The claims made are based on the case study of Palas Panja, implying cure for diabetes which are misleading by gross exaggeration and exploits consumers’ lack of experience and knowledge. Ad – headline, “From Insulin to No Insulin” implies complete cure for Diabetes via treatement with tablets at LifeSpan Clinic which is in Breach of the law as it violated The Drugs & Magic Remedies Act ((item 9 under DMR schedule), and Schedule J (item 14) Rule 106 of The Drugs and Cosmetic Act, 1940 and Rules, 1945. The advertisement contravened Chapters I.1, I.4, I.5 and III.4 of the ASCI Code. The complaint was UPHELD."
 

COMPANY:"R.A. Institute"
PRODUCT:

COMPLAINT:

"Upto 100% scholarship."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objection raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the print advertisement and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that the claim, “Upto 100% scholarship”, was not substantiated with supporting evidence of 100% scholarships availed by any of their students, and was misleading by implication and ambiguity regarding the amount of scholarship and the total number of scholarships being offered. The advertisement contravened the Guidelines for Advertising of Educational Institutions and Programs as well as Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Kanyakumari Community College"
PRODUCT:"Malankara School of Commerce"

COMPLAINT:

“100% placement”

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

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

 

COMPANY:"Sri Medha Junior College"
PRODUCT:"Medha Junior College"

COMPLAINT:

“No.1.”

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objection raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the print advertisements and in the absence of any comments or response from the advertiser, the CCC concluded that the institute claiming to be “Rank 1”, was not substantiated with any verifiable comparative data of the advertiser’s institute and other similar institutes in the same category, or through a third party validation. The claim is misleading by exaggeration. The advertisements contravened the Guidelines for Advertising of Educational Institutions and Programs as well as Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Indian Institute of Business Management"
PRODUCT:

COMPLAINT:

“100% job oriented course”. Claim misleading by implication”

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objection raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the print advertisement and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that while the courses being offered by the advertiser may be job oriented, the use of 100% numerical is not relevant for “job oriented course” claim. The use of “100%” as a descriptor in the claim is misleading by implication. The advertisement contravened Guidelines for Advertising of Educational Institutions and Programs as well as Chapter I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Jaypee Polytechnic And Training Centre, Rewa"
PRODUCT:

COMPLAINT:

““100% assistance for placement.” Claim misleading by implication”

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objection raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the print advertisement and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that while the advertiser may be offering placement assistance to students ,the use of 100% numerical is not relevant for “assistance for placement” claim. The use of “100%” as a descriptor in the claim is misleading by implication. The advertisement contravened Guidelines for Advertising of Educational Institutions and Programs as well as Chapter I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Lindas Institute of Engineering & Vocational Training College"
PRODUCT:

COMPLAINT:

"“100% placement assistance”.Claim misleading by implication"

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

The ASCI approached the advertiser for their response in addressing the objection raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the print advertisement and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that while the advertiser may be offering placement assistance to students ,the use of 100% numerical is not relevant for “placement assistance” claim. The use of “100%” as a descriptor in the claim is misleading by implication. The advertisement contravened Guidelines for Advertising of Educational Institutions and Programs as well as Chapter I.4 of the ASCI Code. The complaint was UPHELD."
 

COMPANY:"Majhighariani Institute Of technology & Science"
PRODUCT:

COMPLAINT:

“1. No.1 Professional College in Odisha. 2. BCA 100% placement.”

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objections raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the print advertisement and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that the claim, “No.1 Professional College in Odisha”, was not substantiated with any verifiable comparative data of the advertiser’s institute and other similar institutes, or through a third party validation, and was misleading by exaggeration.Claim, “BCA 100% Placement”, was not substantiated with authentic supporting data such as detailed list of students who have been placed through their Institute for BCA course, contact details of students for verification, enrolment forms and appointment letters received by the students, nor any independent audit or verification certificate. Also, the claim is misleading by exaggeration.The 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:"Sherwood Educational Group
PRODUCT:

COMPLAINT:

““Assured Campus Placement.””

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objection raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the print advertisement and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that the claim, “Assured Campus Placement”, was not substantiated with verifiable supporting data, and is misleading by exaggeration. The advertisement contravened Guidelines for Advertising of Educational Institutions and Programs as well as Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Sri Mahesh Institute Of Computers"
PRODUCT:

COMPLAINT:

“India's No.1 Hardware Networking Institute.”

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objection raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the print advertisement and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that the claim, “India's No.1 Hardware Networking Institute”, was not substantiated with any verifiable comparative data of the advertiser’s institute and other similar institutes in the same category, or through a third party validation. The claim was misleading by exaggeration. The advertisement contravened the Guidelines for Advertising of Educational Institutions and Programs as well as Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Sri Ramswaroop Memorial University"
PRODUCT:

COMPLAINT:

"“100% placement in diploma“100% placement in MBA”"

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the print advertisement and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that the claims, “100% placement in diploma”, and “100% placement in MBA”, 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. Also, the claims are misleading by exaggeration. The print advertisement contravened Guidelines for Advertising of Educational Institutions and Programs as well as Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"St Wilfred Education Society"
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 had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the print advertisement and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that the claim, “100% Job”, was not substantiated with authentic supporting data such as detailed list of students who have been placed through their Institute, contact details of students for verification, enrolment forms and appointment letters received by the students, nor any independent audit or verification certificate. Also, the claim is misleading by exaggeration. The print advertisement contravened Guidelines for Advertising of Educational Institutions and Programs as well as Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Gujarat News Broadcasters Pvt. Ltd"
PRODUCT:"VTV News"

COMPLAINT:

“Gujarat’s most popular channel"

NATURE OF COMPLAINT:

Our objection: The claim of being the most popular channel of Gujarat needs to be substantiated with a report from an independent agency. Please give details of the study based on which the claim is made. According to us, the advertisement contravenes Chapter 1.1 and 1.4 of ASCI code.Action to be taken: We propose that the advertisement should be immediately withdrawn

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the grievances of the complainant and forwarded the details of the complaint, verbatim, to the advertiser with a request to respond to the same. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the print advertisement and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that the claim, “Gujarat’s most popular channel”, was not substantiated with viewership data of the advertiser’s channel against all other competitive channels, and is misleading by exaggeration and implication. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Sangeetha Mobiles Pvt Ltd"
PRODUCT:

COMPLAINT:

“he saw an advertisement of a mobile phone(Redmi note 4 lake blue edition 4GB 64GB rom) stating that he will be getting the phone in 4333/- but when he visited to the outlet they stated that 4333/- is the downpayment which is to be paid but nothing such was mentioned there so she wants to complaint against the same."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI had approached the advertiser for their response in addressing the grievances of the complainant and forwarded the details of the complaint, verbatim, to the advertiser with a request to respond to the same. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat which they did not avail, but submitted their written response. The advertiser had stated in their response that the amount stated in the advertisement is Rs.4,333* (* conditions apply), which is an EMI scheme offered by advertiser through which the customer can avail the phone on 3 month EMI at no extra cost. The detailed conditions with respect to the said advertisement are published on their official website. Advertiser provided a copy of the terms and conditions of this offer.Upon carefully viewing the print advertisement, examining the complaint and the response given by the advertiser, the CCC noted that the print advertisement does not call out that the amount stated of Rs 4333 is the EMI amount per month. The FAQ section of the web-site anticipates such a confusion however, this is not addressed upfront in the print advertisement . The “*” corresponds to “conditions apply” but does not direct consumer to the web-site for details. The CCC concluded that the price offer claim, “Rs.4,333* (* conditions apply)”, was misleading by ambiguity and omission. The advertisement contravened Chapter I.4 of the ASCI Code and 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”). The complaint was UPHELD."

 

COMPANY:"DICS Computer Education"
PRODUCT:

COMPLAINT:

“Best computer education institute in Delhi NCR."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objection raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the print advertisement and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that the claim, “Best computer education institute in Delhi NCR”, was not substantiated with any market survey data or with any verifiable comparative data of the advertiser’s institute and other similar institutes, or through a third party validation. The claim was misleading by exaggeration. The advertisement contravened the Guidelines for Advertising of Educational Institutions and Programs as well as Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"D'DÉCOR"
PRODUCT:"(D clean)"

COMPLAINT:

“ 1. Stains don’t stay. 2. Presenting D’Clean. India’s first spill and stain proof patented technology. An innovation so superior, that it keeps upholstery spotless and perfect for years. Which means coffee, ketchup, ink, oil, wine, water and the likes do not stand a chance. 3. D’Clean ensures that your upholstery stays beautiful today, beautiful tomorrow.”

NATURE OF COMPLAINT:

Our objections:1. Are there any independent reports to substantiate claims 1 to 3? Are these reports financially independent from the company? 2. Reference to claim 2: for how many years it will keep upholstery spotless and perfect? 3. As per chapter 1.2 of ASCI code where advertising claims are expressly stated to be based on or supported by independent research or assessment, the source and date of this should be indicated in the advertisement. The advertiser has not mentioned in claim 2 the date and source of patented stain proof technology. According to us, the advertisement contravenes Chapter 1.1, 1.2 and 1.4 of ASCI code. Action to be taken: We propose that the advertisement should be immediately withdrawn.

Recommendation: UPHELD

"The ASCI had approached the advertiser for their response in addressing the grievances of the complainant and forwarded the details of the complaint, verbatim, to the advertiser with a request to respond to the same. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat which they did not avail, but replied requesting for an extension to submit their response. The advertiser was granted an extension of four days to the standard lead time of seven days to submit their reply to respond in response to their request for extension. Subsequently the Advertiser submitted their response. Advertiser stated in their response that the D'Clean range of products is a fabric engineering marvel due to its revolutionary spill and stain repelling property. The fabric bears a hydrophobic coating which causes liquids to bead up as soon as they come in contact with its surface. Its unique formula protects sofas and chairs. The stain and spill repelling technology has been tested by independent third parties and it is evident that the stains of ball pen, coffee, red wine, ketchup, oil, etc. can be easily removed. The tests provide evidence of the stain repelling properties of the D'Clean fabric and substantiate the fact that such stains don't stay on the fabric.D’Clean is the name of the advertiser’s spill and stain proof technology which is its proprietary technology. Furthermore the advertiser has obtained registration for the trademark D'Clean under classes 20 25 and 27 whereas under classes 16 24 and 35 it is pending registrations.The terms, "an innovation so superior" or " keeps upholstery spotless and perfect for years", used are subjective qualities which are incapable of precise measurement or substantiation.As claim support data, the advertiser provided copy of independent test reports, copies of trademark applications / registrations.The claim support data provided by the advertiser was reviewed by the technical expert of ASCI. The CCC viewed the print advertisement and considered the Advertiser’s response as well as opinion of the Technical expert presented at the meeting. The CCC observed that the Annexure B of the advertiser’s response is a list of stains and an OK remark against it to indicate that the stains don’t stay on the fabric or a rating of “good to very good”. Annex D provides results with AATCC22 about water repellency and AATCC130 about soil release. However, the reference documents AATCC22 and AATCC130 were submitted by the advertiser. The CCC acknowledged that silicone products are known to provide these properties and the data could be accepted for stain resistance by the fabric / ease of stain removal. However, the test reports do not substantiate longevity of the product efficacy as well as complete removal of stains, for the claim that “upholstery would remain spotless and perfect for years”. The CCC noted that the name D’Clean can be considered as a trademark, but it does not prove that the product is 'India's first' spill and stain proof patented technology” or even that it is a patented technology.The CCC concluded that the claims, India’s first spill and stain proof patented technology. An innovation so superior, that it keeps upholstery spotless and perfect for years.”, were inadequately substantiated. The claims are misleading by exaggeration.The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD. The headline “Stains don’t stay” was considered as a hyperbole and “Presenting D’Clean.”, “Which means coffee, ketchup, ink, oil, wine, water and the likes do not stand a chance”, “D’Clean ensures that your upholstery stays beautiful today, beautiful tomorrow”, were not considered to be objectionable. This complaint was NOT UPHELD."

 

COMPANY: "Institute Of Science and Management"
PRODUCT:

COMPLAINT:

“Excellent campus placement 100% track record.”

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objection raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the print advertisement and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that the claim, “Excellent campus placement 100% track record”, was not substantiated with authentic supporting data such as detailed list of students who have been placed through their Institute, contact details of students for verification, enrolment forms and appointment letters received by the students, nor any independent audit or verification certificate. Also, the claim is misleading by exaggeration. The print advertisement contravened Guidelines for Advertising of Educational Institutions and Programs as well as Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY: "Hamdard Laboratories (India)"
PRODUCT:" (Safi)"

COMPLAINT:

“1. A testimony from a buyer: Mom, I blamed you for everything going wrong with my skin. The acne, pimples, rashes and blemishes, everything. Little did I know that pollution, stress and hormonal changes were also contributing to my bad skin. But then you introduced me to safi. Its 28 herbal ingredients like senna, Ravand chini, Neem and chiraita purified my blood from within and gave me a pimple-free, glowing skin, almost like yours. 2. For pimple free skin 21 days formula. 3. For pimple free glowing skin. 4. Disclaimer: Based on significant improvement in acne on face in clinical study. Individual results may vary”

NATURE OF COMPLAINT:

1. Reference to claim 1 as per chapter 1.3 of ASCI states “Advertisements shall not, without permission from the person, firm or institution under reference, contain any reference to such person, firm or institution which confers an unjustified advantage on the product advertised or tends to bring the person, firm or institution into ridicule or disrepute. If and when required to do so by The Advertising Standards Council of India, the advertiser and the advertising agency shall produce explicit permission from the person, firm or institution to which reference is made in the advertisement”. Is the testimonial mentioned in the advt by a genuine customer or a paid one? 2. Claims 2 and 3 need to be substantiated with independent reports. 3. Was the study based on which the advt claims “For pimple free skin 21 days formula”, conducted by an independent agency? 4. Does the product cure acne, pimple, blemishes etc caused due to life style and hormonal changes too? 5. Reference to claim 4 “For glowing skin”, what is the parameter of deciding whether the skin is glowing or not? 6. The disclaimer violates ASCI Guidelines for Disclaimer (2) “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”. According to us, the advertisement contravenes Chapter 1.1 and 1.4 and Guidelines for Disclaimer of ASCI code. Action to be taken: We propose that the advertisement should be immediately withdrawn.

Recommendation: UPHELD

"The ASCI had approached the advertiser for their response in addressing the grievances of the complainant and forwarded the details of the complaint, verbatim, to the advertiser with a request to respond to the same. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat which they did not avail, but replied requesting for an extension to submit their response. The advertiser was granted an extension of five days to the standard lead time of seven days to submit their reply in response to their request for extension. Advertiser stated in their response that they have received positive feedback from many individuals however, for purpose of mass communication they have used professional models in the advertisement. These models sign a contract with their production agency giving permission to use their photo /video as required to convey the message. The product contains herbs aiding liver health, indigestion, constipation, antioxidant properties and blood purification, hence it is proven to result in a healthy and glowing skin. In a clinical study conducted by a Medical College, Mumbai on 36 male patients with chronic eczema on legs, treatment with Safi showed remarkable influence in cases with secondary infection. In another study, 14 teenage girls with extensive acne on the face for over four weeks, similar treatment showed good results. The product cures acne, pimples & blemishes etc caused due to lifestyle and hormonal changes too.As claim support data, the advertiser provided copy of relevant pages of the Journal “Hippocratic Journal of Unani Medicine” containing detailed description of blood impurities and the mechanism of cleansing, resulting to treatment of skin disorders like acne, pigmentation & blemishes and its impact resulting in visibly healthy and glowing skin, Journal references on concept of blood purification, Copy of the monograph of the symposium, Testimonials from different review sites, Product approval license from specific regulatory authorities along with product composition details, and letter from their agency on font size of disclaimer.The claim support data was reviewed by the technical expert of ASCI. The CCC viewed the print advertisement and considered the Advertiser’s response as well as the opinion of the Technical expert presented at the meeting. The CCC observed that -Regarding objection to the testimonial referred to in the advertisement, the CCC noted that this is not being presented as an actual consumer testimonial with a name but it is more as a representation under #IHATEUMOM campaign. The CCC did not consider this presentation to be objectionable.The claim, “Glowing Skin”, was explained based on interpretation of references to concept of blood purification in Unani Medicine. It was considered to be a generic claim and was not objectionable. This complaint was NOT UPHELD. Claims, “For pimple free skin 21 days formula”, “For pimple free skin”, “Disclaimer: Based on significant improvement in acne on face in clinical study. Individual results may vary” - Advertiser provided references of classical Unani texts, monographs and reference to reports of clinical Studies and pharmacological studies for specific claims of effect in certain skin disorders. The claims for efficacy against acne, pimples, rashes and blemishes are based on textual references, monographs provided and clinical and pharmacological reports submitted and were considered to be acceptable. The CCC noted that while the product has been shown to “help in reducing pimples”, the product does not completely cure or completely prevent pimples. The efficacy was also subject to individual variation.Based on this data, the CCC concluded that the claims, “For pimple free skin 21 days formula”, “For pimple free skin”, were inadequately substantiated, and are misleading by exaggeration. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. This complaint was UPHELD."

 

COMPANY: "Gods Own Food Solutions Pvt. Ltd."
PRODUCT:"Jackfruit 365"

COMPLAINT:

“1. 100 percent natural, including soluble fibre. 2. Having high fibre and low starch which reduces stomach and weight.”

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI had approached the advertiser for their response in addressing the objections raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat which they did not avail, but submitted their written response. The advertiser had stated in their response that as declared in contents section on the pack, Jackfruit365™ green jackfruit flour has no other ingredient than 100% natural green jackfruit flour and the product has 13g dietary fiber of which 3.4g is Soluble fiber per 100gm of flour. Green Jackfruit flour is a rich source of dietary fiber that ensures wellness.As claim support data, the advertiser provided Green Jackfruit Flour Nutritional Test Results of 3 batches, Jackfruit365 Raw Glycemic Study Report, and Role of Fiber and Healthy Dietary Patterns in Body Weight RegulationThe claim support data was reviewed by the technical expert of ASCI. The CCC viewed the TVC and considered the Advertiser’s response as well as opinion of the Technical expert presented at the meeting. The CCC observed that -Claim, “100 percent natural, including soluble fibre” - The ingredient list declared on the pack mentions only 100% green jack fruit flour with no other additives . The pack also declares 13g dietary fibre of which 3.4g is soluble fibre per 100g. Jack Fruit 365 meets FSSAI norms for claiming a rich source of fiber. Based on the Nutritional information and declaration on the label, this claim was not objectionable. This complaint was NOT UPHELD. Claim, “Having high fibre and low starch which reduces stomach and weight” - Raw Jack fruit nutritional data shows it is a rich source of fiber and contains less carbohydrates. How this property of raw jack fruit powder helps to reduce stomach and weight needs to be proved by clinical research data.The published article - “Role of Fiber and Healthy Dietary Patterns in Body Weight Regulation and Weight Loss”, highlights the importance of fiber content in diet. It recommends greater than 30g fiber content in diet per day replacing carbohydrates, and this fiber requirement be obtained from a variety of fiber rich foods as a replacement for high energy carbohydrate rich diets . Such diet can promote weight loss and reduce the risk or rate of weight regain in overweight and obese persons. However, reduction of stomach and weight of Asian population is much different from that of Europeans, since there is a wide difference in dietary pattern and genetics. Moreover, the test report of the advertised product indicates that it is not a “low GI” not a low “GL” product While the CCC acknowledged that the product has high fibre and low starch, the Advertiser has not demonstrated this property of Jack Fruit 365 to reduce stomach and weight. The CCC concluded that in the advertisement, since the benefit is directly attributed to the product but is not substantiated with data (either statistically significant results from a study or publication in peer reviewed scientific journal of repute), the claim “reduces stomach and weight” was inadequately substantiated. In absence of any other information regarding importance of other necessary lifestyle changes, the claim is misleading by omission and exaggeration.The TVC contravened Chapters I.1 and I.4 of the Code. This complaint was UPHELD."

 

COMPANY:"The Punjab State Co-Operative Supply and Marketing Federation Limited"
PRODUCT:"Sohna Tomato Ketchup"

COMPLAINT:

“Contains 70% tomato against 35% in others”

NATURE OF COMPLAINT:

 

Recommendation: NOT UPHELD

"The ASCI had approached the advertiser for their response in addressing the objections raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat which they did not avail, but requested for additional time to submit their response. The advertiser was granted an extension of six days to the standard lead time of seven days to submit their reply in response to their request for extension of ten days.The advertiser had stated in their response that the lab test report of Tomato Ketchup confirms that the Ketchup contains 70.6% tomato content. As claim support data, the advertiser provided a copy of this test report and the pack labels of competitive brands. The CCC observed that the tomato Paste in other brands as per their packagings showed – Maggie (23.7%), Cremica (34.5%), and Kissan (28%). Based on the lab test report, the CCC concluded that the claim, “Contains 70% tomato against 35% in others”, was substantiated. The complaint was NOT UPHELD."

 

COMPANY: "Drums Food International Pvt Ltd"
PRODUCT:"Epigamia Greek Yogurt"

COMPLAINT:

““2x more protein than regular yogurt”Visual shown is of mango flavour. Claim is misleading.”

NATURE OF COMPLAINT:

 

Recommendation: NOT UPHELD

"The ASCI had approached the advertiser for their response in addressing the objection raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat which they did not avail, but submitted their written response. Advertiser in their response stated that the claim objected to has been qualified with a disclaimer to mention that the comparison is between regular yogurt and Epigamia Natural Greek Yogurt. With reference to the data provided on protein content comparison, it is seen that Epigamia Natural Greek Yogurt is 8.2 gm for every 100 gm. All other competitive regular yogurts are equal to or below 4 gm of protein. Also, their other greek yogurt variants have far greater protein content than the protein content in regular yogurts of competitors.As claim support data, the advertiser provided Copy of the Lab report for Epigamia Natural Greek Yogurt variant, and Excel summary of comparison of protein content of Epigamia Greek Yogurts with regular yogurts of competitors with their back of pack declarations.Upon carefully viewing the print advertisement, examining the complaint and the response with the supporting data given by the advertiser, the CCC concluded that the claim, “2x more protein than regular yogurt”, was substantiated. The complaint was NOT UPHELD."

 

COMPANY: "Drums Food International Pvt Ltd"
PRODUCT:"Epigamia Greek Yogurt"

COMPLAINT:

“2x more protein than regular yogurt” Visual shown is of mango flavour. Claim is misleading.”

NATURE OF COMPLAINT:

Recommendation: NOT UPHELD

"The ASCI had approached the advertiser for their response in addressing the objection raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat which they did not avail, but submitted their written response. Advertiser in their response stated that the claim objected to has been qualified with a disclaimer to mention that the comparison is between regular yogurt and Epigamia Natural Greek Yogurt. With reference to the data provided on protein content comparison, it is seen that Epigamia Natural Greek Yogurt is 8.2 gm for every 100 gm. All other competitive regular yogurts are equal to or below 4 gm of protein. Also, their other greek yogurt variants have far greater protein content than the protein content in regular yogurts of competitors.As claim support data, the advertiser provided Copy of the Lab report for Epigamia Natural Greek Yogurt variant, and Excel summary of comparison of protein content of Epigamia Greek Yogurts with regular yogurts of competitors with their back of pack declarations.Upon carefully viewing the print advertisement, examining the complaint and the response with the supporting data given by the advertiser, the CCC concluded that the claim, “2x more protein than regular yogurt”, was substantiated. The complaint was NOT UPHELD."

 

COMPANY: "Kanhai Food Pvt. Ltd"
PRODUCT:"Kabhi B Bakery and Patisserie"

COMPLAINT:

“The Most Awarded & Largest Bakery Chain of Gujarat"

NATURE OF COMPLAINT:

Recommendation: UPHELD

The ASCI had approached the advertiser for their response in addressing the objection raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat which they did not avail. They were provided with an opportunity to discuss their submission via telecon, and subsequently submitted their written response. As claim support data, the advertiser provided a Powerpoint presentation showing the various awards/certificates received by them, and an excel sheet giving the details of their outlet list.As this data was inadequate due to lack of any comparative data versus other bakeries, ASCI further requested the advertiser to provide details of the basis of these comparative claims. Advertiser did not provide their submission in time for the CCC meeting.Upon carefully viewing the print advertisement, examining the complaint and the supporting data given by the advertiser, the CCC observed that the data presented by the advertiser is only about their own company having received various awards over last few years. There was no comparative data to prove that their bakery received more awards than any other bakery or that their bakery chain was larger than all other bakery chains. The CCC concluded that the claims, “The Most Awarded”, “Largest Bakery Chain of Gujarat”, were not substantiated with any verifiable comparative data / market survey data of the advertiser’s bakery and other similar bakeries, or any third party validation to prove this claim. The claim is misleading by exaggeration.The advertisement contravened Chapters I.1, I.2 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY: "Positive Homeopathy"
PRODUCT:

COMPLAINT:

“Migrane, Headache, Rigorous Pain, Vomiting everything will be cured 100 percent”

NATURE OF COMPLAINT:

Recommendation: UPHELD

The ASCI approached the advertiser for their response in addressing the objection raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the print advertisement and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that the claim, “Migrane, Headache, Rigorous Pain, Vomiting everything will be cured 100 percent”,was not substantiated with supporting clinical evidence, and is misleading by gross exaggeration. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD.

 

COMPANY:"Laxmi Protein Products Pvt. Ltd."
PRODUCT:"Laxmi Tor Dal"

COMPLAINT:

“1. No. 1 Quality 2. Gujarat’s No. 1 desi toor dal."

NATURE OF COMPLAINT:

1. Claim 1 needs to be substantiated with independent studies and research data. 2. “Gujarat’s No. 1 desi toor dal”-kindly substantiate it with independent reports. The advertisement violates Chapter 1.1 and 1.4 of ASCI Code. Action to be taken: We propose that the advertisement should be immediately withdrawn.

Recommendation: UPHELD

"The ASCI had approached the advertiser for their response in addressing the grievances of the complainant and forwarded the details of the complaint, verbatim, to the advertiser with a request to respond to the same. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat which they did not avail, but submitted their written response. The advertiser had stated in their response that based on the quality standards, quality certifications and the global standard automated machines that they possess, they are claiming that their Company is No. 1 in Quality. The advertiser procures the raw grains from the local produce and allows it through the cleaning, processing and packaging plant to provide its customers their "desi" toor dal. The brand does a lot of marketing and research activities. Based on such research data the advertiser claims their product to be consumer's 1st choice. Advertiser provided a copy of the product label.Upon carefully viewing the print advertisement, examining the complaint and the response given by the advertiser, the CCC observed that the advertiser has provided only company specific data regarding their quality policy. However, there is no data how their product compares versus other toor dal marketed in Gujrat. While “No 1 Quality” claim may hold for their own product, when the claim is read in conjunction with claim “Gujrat’s No. 1”, it is misleading by ambiguity and implication. The CCC concluded that the claim, “Gujarat’s No. 1 Desi Toor Dal”, was not substantiated with any market survey data or verifiable comparative data of the advertiser’s products and other competitive products, or any third party validation to prove these claims. The claim is misleading by exaggeration. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Godfrey Phillips India Ltd"
PRODUCT:"Pan Vilas Pan Masala"

COMPLAINT:

“1. Pure as gold 2. India’s No. 1 Brand 3. Awarded by World consulting Research Corporation, Chosen Asia’s most promising brand 2015-16 for Pan Masala. India’s most promising Brand 2016 in Pan masala category- Awarded by World Consulting and research Corporation.- Awarded by India’s most Trusted Brand Council. – Awarded by International Brand Consulting Corporation. Power Brand India Industry Trendsetter Award 2016 in Pan Masala Category.- Awarded by Planman Media. 4. Health Warning: Chewing of Pan Masala is injurious to health.”

NATURE OF COMPLAINT:

Our objections:1. Claims 1 to 4 need to be substantiated by a report from an independent agency. 2. How can a Pan Masala be as good as gold? It abuses the trust of a consumer. 3. Because this is a harmful product, there is a health warning which states ‘Chewing of Pan Masala is injurious to health’. The cigarettes and other Tobacco products Act 2003 prohibits Advertisements of cigarettes and other Tobacco products. Thus, the advt. violates the provision of this act.According to us, the advertisement contravenes Chapter 1.1, 1.2, 1.4 and 1.5 of ASCI code. Action to be taken: We propose immediate withdrawal of the advertisement.

Recommendation: UPHELD

"The ASCI had approached the advertiser for their response in addressing the grievances of the complainant and forwarded the details of the complaint, verbatim, to the advertiser with a request to respond to the same. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat which they did not avail, but submitted their written response. The advertiser had stated in their response that the phrase "Pure as Gold" has been used metaphorically and not tangibly. This term used has been used for their product as their brand and its ingredients are of high quality. The awards claims made are based on the Awards conferred to the product by various independent organizations. The FSSI Act, 2006 and Rules and Regulations stipulate that every advertisement and package of pan masala shall carry the warning "Chewing of Pan Masa is Injurious to health".As claim support data, the advertiser provided copy of product approval license, Copy of certificates for - India’s most promising brand, Asia’s most promising brand, India’s No.1 brand, Power Brand 2016, and relevant extracts of FSSAI (Packaging and Labelling) Regulations.The CCC viewed the print advertisement and considered the Advertiser’s response. For the various awards/certificates received, the advertiser did not provide details of the process as to how the selection was done i.e. survey methodology, details of survey data, criteria used for evaluation, questionnaires used, names of other similar products that were part of the survey and the outcome of the survey. The CCC considered the credibility and authenticity of the certifying bodies to be questionable. In the absence of this data to support authenticity of the awarding organization as well as the award process, the CCC concluded that the claims, “India’s No. 1 Brand”, “Awarded by World consulting Research Corporation”, “Chosen Asia’s most promising brand 2015-16 for Pan Masala”, “India’s most promising Brand 2016 in Pan masala category- Awarded by World Consulting and research Corporation.- Awarded by India’s most Trusted Brand Council. – Awarded by International Brand Consulting Corporation”, “Power Brand India Industry Trendsetter Award 2016 in Pan Masala Category.- Awarded by Planman Media”, were not adequately substantiated and are misleading by exaggeration. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. This compliant was UPHELD. The claim, “Pure as gold” was considered as puffery. The statement “Health Warning: Chewing of Pan Masala is injurious to health”, was confirmed as a statutory warning as required by the FSSAI Act and Rules for Pan Masala product which is not prohibited from advertising. These complaints were NOT UPHELD."

 

COMPANY:"Yakult Danone India (P) Ltd"
PRODUCT:"Yakult"

COMPLAINT:

"pls. see attached to asess appropriatenes and complinace by yakult to asci standards. would appreciate a prompt initial response. The one commercial recently seen on TV is shilpa shetty claiming yakult improves the intestinal function. Since then i have reviewed others on internet which claim o improve digestion and immune system.https://www.theguardian.com/theguardian/2009/jul/25/probiotic-health-benefits"

NATURE OF COMPLAINT:

 

Recommendation: NOT UPHELD

"The ASCI had approached the advertiser for their response in addressing the grievances of the complainant and forwarded the details of the complaint, verbatim, to the advertiser with a request to respond to the same. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat which they availed and submitted their written response. The advertiser had stated in their response that Yakult is a probiotic health drink that is backed by more than 80 years of scientific research and more than 100 human studies for its safety and health benefits.The article, "Are probiotics really good for your health" that appeared in UK Guardian on 25th July 2009 is a dated article. The years that followed after 2009, saw a tremendous surge in the health benefits of the intestinal microbes which are ten times more than the human cells of the body. Yakult has been tested for its health benefit in India through one of the largest community based study done on approx. 4000 children in the age group of 1- 5 years . The results showed that consumption of Yakult for 12 weeks reduced the incidence of diarrhoea by 14%. Human studies have been conducted in Europe, Japan, Australia and Germany that conclude that consumption of Yakult helps in reducing the risk of constipation, diarrhoea and Irritable Bowel Syndrome. Human Studies have been conducted in UK, Japan and Europe which conclude that consumption of Yakult helps build immunity by activating immune cells that play an important role in protecting from bacterial and viral infections and cancer.As claim support data, the advertiser provided product / label claim approval details and package label, Scientific data that included 24 studies that have been conducted globally to back the immunity claim, Product approval for the product received from FSSAI, etc. Upon carefully viewing the TVC, examining the complaint and the response with the supporting data given by the advertiser, the CCC concluded that the claims, “Yakult bure bacteria ghata ke aur acche bacteria badha ke intestine ko strong banata hai”, and “for better immunity, love your intestine, with Yakult”, were substantiated. The CCC further noted that the pack claim was also approved by the FSSAI. The complaint was NOT UPHELD."

 

COMPANY:"Ankur Chemfood Pvt. Ltd"
PRODUCT:"Ankur Salt Range"

COMPLAINT:

"1. Dr Salt is made especially for High B.P, Diabetes and heart patients. 2. Increase level of haemoglobin in blood and be protected from disease like anaemia by consuming Salt Plus Iron Fortified Salt regularly."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objections raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the print advertisement and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that the claims, “Dr Salt is made especially for High B.P, Diabetes and heart patients”, and “Increase level of haemoglobin in blood and be protected from disease like anaemia by consuming Salt Plus Iron Fortified Salt regularly”, were not substantiated with details of the product composition, evidence of product efficacy via published references or research data, and are misleading by exaggeration.The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Brihans Natural Products Ltd"
PRODUCT:"Green Leaf pure aloe vera skin gel"

COMPLAINT:

"1. Green leaf pure aloe vera skin gel. 2. Indias most trusted brand. 3. Natural care for a healthy, glowing, refreshing skin. 4. Green leafs Ayurvedic Aloe Vera Skin Gel with naturally active aloe is just what you need to replenish and revitalize your skin. Unlike any cream and oil based cosmetic products, this ayurvedic Aloe Gel naturally protects your skin. Discover a more beautiful, new you and feel the difference with Green Leaf Aloe Vera. 5. Acne, sunburn, rash, skin eruption and allergies, cuts and wounds. 6. Export Quality. 7. Green Leaf Natural Actives."

NATURE OF COMPLAINT:

Our Objection: 1. Claims 2-7 need to be substantiated with independent scientific reports. 2. How does the product claim to be India’s most trusted brand? Is there an independent report to support the claim? 3. The term “pure aloe vera skin gel” needs to be substantiated with independent studies. 4. What does the term “Natural Actives” means? According to us, the advertisement contravenes Chapter 1.1 and 1.4 of ASCI code

Recommendation: UPHELD

The ASCI had approached the advertiser for their response in addressing the grievances of the complainant and forwarded the details of the complaint, verbatim, to the advertiser with a request to respond to the same. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat which they availed, and submitted their written response. The advertiser had stated in their response that by "Pure" they mean that the product does not have any other plant extract mixed in it as active ingredient. Advertiser has been selected and awarded as India's Most Trusted Brand 2016 for its brand "Green Leaf " in the Ayurvedic Skincare Category. This selection has been done based on a consumer research survey by Media Research Group and IBC lnfomedia. After using aloe vera gel which is a natural care ingredient, skin looks healthy, glowing and refreshing as a secondary effect. The product is Green leaf aloe vera gel. The main active ingredient used in the gel is natural aloe vera juice, and not any chemical active ingredient. Hence the effectives of the gel are the same as effectives of aloe vera juice which is the main raw material used in the gel. Acne, sunburn, rash, skin eruption and allergies, cuts and wounds are indications for this product approved by FDA as per FDA license. Green leaf Aloe Vera Gel indications are supported with the Ayurvedic reference book Bhavprakash Niganthu. Advertiser has been exporting this product to countries like Dubai, Singapore, Malaysia, etc. Hence this product is an Export Quality product.As claim support data, the advertiser provided copy of the award certificate for the specific claim made in the advertisement, copies of Bhavprakash reference, FDA licence, export invoice, and a clinical study of therapeutic benefits of Green Leaf Gel in cuts, wounds and burns.The claim support data submitted by the advertiser was reviewed by the technical expert of ASCI. The CCC examined the complaint, the print advertisement, and the detailed response sent by the advertiser as well as the opinion of Technical expert presented at the meeting, and concluded that - Claim, “India’s most trusted brand”, was not substantiated with details of the process as to how the selection was done i.e. survey methodology, details of survey data, criteria used for evaluation, questionnaires used, names of other similar institutes that were part of the survey and the outcome of the survey. Furthermore, the award for the advertiser was among “Ayurvedic Skincare products” in the year 2016, reference to which was missing in the advertisement. Claim, “Unlike any cream and oil based cosmetic products, this ayurvedic Aloe Gel naturally protects your skin”, was not substantiated with comparative data for product efficacy, of the advertiser’s product and other competitor products in the same category. Claim of effects in “Acne, sunburn, rash, skin eruption and allergies, cuts and wounds” are based on Ayurvedic text, Bhavaprakash Nighantoo. The property described as in Nighantoo are attributed to fresh juice of Kumari Aloe vera whereas the advertised product is manufactured under Ayurvedic license as Proprietary product. The CCC noted that the Advertiser submitted a clinical study report which was an open study undertaken in a private clinic with limited number of 20 patients. In addition, the parameters are subjective clinical and no specific parameters for gradation are relevant as the skin conditions under study are variable. (e.g. How a case of burn (what grade) could be compared with case of non-healing wound ). The CCC concluded that these claims were inadequately substantiated and are misleading. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. These complaints were UPHELD. The advertiser states that the product contains 90% aloe vera (kumari) juice, a natural substance. Based on this data, the Claims, “Green leaf pure aloe vera skin gel”, “Natural care for a healthy, glowing, refreshing skin”, “Green leafs Ayurvedic Aloe Vera Skin Gel with naturally active aloe is just what you need to replenish and revitalize your skin”, “Feel the difference with Green Leaf Aloe Vera”, and “Green Leaf Natural Actives”, were not considered to be objectionable. Claim, “Discover a more beautiful new you” was considered as generic in nature. Claim, “Export Quality” was substantiated with

 

COMPANY:"The Himalaya Drug Company"
PRODUCT:"Himalaya Purifying Neem Face Wash"

COMPLAINT:

"1. Tried homemade pastes? Changed several soaps? Used multiple creams? No more pimple experiments. 2. Prevents Pimples. 3. Enough experiments with soap, creams and homemade pastes. They don’t help with your pimple problems. 4. Use Himalaya Purifying Neem Face Wash. It has the natural goodness of neem and turmeric, which protects you from multiple skin problems and gives you pimple-free pure skin.

NATURE OF COMPLAINT:

1. Claims 1-4 need to be substantiated with independent research studies. 2. Claim 3 needs to be substantiated with an independent report as the product is compared with other usable cosmetics and how is it proving to be better than other remedies? 3. Claim 4 needs to be substantiated with a report from an independent agency? Is the amount of neem and turmeric used significant to be able to have an impact and contribute to the claims made? 4. Which are the multiple skin problems that it protects from? Please Explain. 5. The product is being compared to home remedies and claiming to be better. This needs to be substantiated with a report from an independent agency. According to us, the advertisement contravenes Chapter 1.1 and 1.4 of ASCI code. Action to be taken: We propose that the advertisement should be immediately withdrawn

Recommendation: UPHELD

"The ASCI had approached the advertiser for their response in addressing the grievances of the complainant and forwarded the details of the complaint, verbatim, to the advertiser with a request to respond to the same. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat which they availed and subsequently submitted their written response. The advertiser had stated in their response that Himalaya Purifying Neem Face Wash is a gentle soap free cleanser, formulated to remove excess oil and other surface impurities to prevent formation of pimples. The parameters such as, 'skin oiliness removal' and 'cleansing effect' were also proved in two different independent clinical studies.Based on the findings of three independent clinical studies comprising of more than 150 subjects (both the sexes), the Himalaya Purifying Neem Face Wash, has not only helped in the management of pimples but also helped in its prevention or outbreak of pimples in most of the subjects.The Himalaya Purifying Neem Face Wash, has "neem" and "turmeric" as ingredients. These two ingredients used in the product are widely used and acclaimed in Ayurveda and other Indian traditional systems of medicines for their diverse skin health benefits. Advertiser referred to the report by a leading market research and consumer consulting organization, which conducted a study on >3800 subjects across India. In the study, it was observed that 95% consumers who used Himalaya Purifying Neem face wash agree that they use it because it removes pimples, and 94% consumers agree that they use it because it prevents pimple from reoccurring.As claim support data, the advertiser provided several scientific studies about specific efficacy of the product in Acne (Pimples), market survey reports and validation of efficacy of the product in certain skin problems.The claim support data provided by the advertiser was reviewed by the technical expert of ASCI. The CCC viewed the print advertisement and considered the Advertiser’s response as well as the opinion of the Technical expert presented at the meeting. Use of neem and turmeric in the product is justified based on references and the product studies. The advertiser substantiated the efficacy of the product against pimple reduction and activity of neem and turmeric in the product.The CCC did not consider the statements “Tried homemade pastes? Changed several soaps? Used multiple creams? No more pimple experiments” as well as the claim “Use Himalaya Purifying Neem Face Wash. It has the natural goodness of neem and turmeric, which protects you from multiple skin problems” to be objectionable.The CCC noted that while the product has been shown to “help prevent” pimple outbreak, the product only reduces pimples and does not completely cure or completely prevent pimples.The CCC also observed that the product has not been evaluated versus other products in soap / cream format or home-made paste to prove that the other products are ineffective against pimples. Based on this data, the CCC concluded that the claims, , “(Enough experiments with soap, creams and homemade pastes.) They don’t help with your pimple problems”, “….gives you pimple-free pure skin”, and pack claim, “Prevents Pimples”, 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: "Emami Ltd"
PRODUCT:"Zandu Vigorex"

COMPLAINT:

"1. It has the power of 7 ayurvedic herbs like –white muesli, Shilajit, Ashvagandha, satavari, konchbeej which is helpful in increasing energy and capacity by reducing stress. 2. 100% Ayurvedic 3. Take it every day. 4. So you do not have to compromise with family happiness. 5. Daily Energiser. 6. Reduce stress and increase energy and capacity

NATURE OF COMPLAINT:

Our objections: 1. Claims 1 to 6 need to be substantiated with data from independent scientific studies. 2. “100% Ayurvedic”- Is it backed by independent research data? 3. It is advised to be taken every day. But it is not mentioned for how long. This is an omission in the advt. Please explain. 4. How can intake of a capsule help in not compromising with family happiness? Please explain. 5. How does it claim to “reduce stress and increase energy and capacity”? Please explain. According to us, the advertisement contravenes Chapter 1.1 and 1.4 of ASCI code and the provisions of Drugs and Magic Remedies Act.Action to be taken: We propose that the advertisement should be immediately withdrawn”

Recommendation: NOT UPHELD

"The ASCI had approached the advertiser for their response in addressing the grievances of the complainant and forwarded the details of the complaint, verbatim, to the advertiser with a request to respond to the same. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat which they did not avail, but replied requesting for an extension to submit their response. The advertiser was granted an extension of two days to the standard lead time of seven days to submit their reply in response to their request for extension. Subsequently the Advertiser submitted their written response. Advertiser stated that Zandu Vigorex being an Ayurvedic medicine through the power of its seven ayurvedic herbs helps in increasing the energy and capacity by reducing stress. The seven ayurvedic active ingredients used in the product to provide benefits along with their functions are mentioned in the Ayurvedic Texts.As claim support data, the advertiser provided a copy of FDA approval, the abstract of findings from various published scientific journals and the abstract of ayurvedic texts with their benefits, Summary of scientific data on ingredients of Zandu Vigorex, and Case laws on puffing and freedom of commercial speech.The claim support data provided by the advertiser was reviewed by the technical expert of ASCI. The CCC viewed the print advertisement and considered the Advertiser’s response as well as the opinion of the Technical expert presented at the meeting. The CCC observed that –Claim – “It has the power of 7 ayurvedic herbs like –white muesli, Shilajit, Ashvagandha, satavari, konchbeej which is helpful in increasing energy and capacity by reducing stress” – The advertiser states that the over-all combination of various ayurvedic ingredients collectively helps to reduce stress and increase energy and capacity as can be seen through the functionality of each of the ingredient and also the various published literatures on the effective benefits of such ingredients. The advertiser classical references of the texts and research publications related to the claims on each of these ingredients present in the product composition.Claim – “100% Ayurvedic” - This claim was explained as being licensed Ayurvedic product as certified by authorities.Claim, “Take it every day” - This was not considered as advertising claim. Advertiser explained that the product is meant for regular general use.Claim, “So you do not have to compromise with family happiness” – This claim was explained based as good health is necessary for good family life.Claims, “Daily Energiser”, “Reduce stress and increase energy and capacity” – Product ingredients were explained based on references with required quantity to relieve stress.Based on this data, the CCC concluded that the claims are not specific to cure or relieve a specific illness but are more generic for a product meant to help improve energy levels and helping reduce stress levels as documented in the classical texts. The complaint was NOT UPHELD."

 

COMPANY:"Nuayurveda Clinic"
PRODUCT:

COMPLAINT:

"1. Live a long and disease free life with panchakarma treatments. 2. Panchakarma along with powerful ancient ayurvedic medicines and proper diet balances the Tridoshas. This leads to complete physical , mental, emotional health by treating the root of the disease and not just the symptoms. 3. 5 conditions that Nuayurveda can manage joints pain, frozen shoulder, arthritis, spondylosis, depression & anxiety, obesity and weight loss, detoxification & rejuvenation, psoriasis and eczema."

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, “Live a long and disease free life with panchakarma treatments”, “Panchakarma along with powerful ancient ayurvedic medicines and proper diet balances the Tridoshas. This leads to complete physical , mental, emotional health by treating the root of the disease and not just the symptoms”, and “5 conditions that Nuayurveda can manage joints pain, frozen shoulder, arthritis, spondylosis, depression & anxiety, obesity and weight loss, detoxification & rejuvenation, psoriasis and eczema”, were not substantiated with scientific rationale or supporting clinical evidence, and are misleading. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"OPTM HealthCare Private Limited"
PRODUCT:

COMPLAINT:

"1. Hi stronger knees and say bye surgery. 2. Regain your cartilage health and skeleton muscles strength along with flexion without any pain killers, injection and surgical procedures. OPTM scientifically diagnoses the root cause of the problem and treats the cause at cellular and molecular levels. 3. Get back healthy knees without operation, knee caps and pain killers 4. Honoured with the most prestigious 'Rose of Paracelsus award 5. Certified OPTM for 'Best medical practice' in the field of pain treatment 6. Awarded by AYUSH minister for outstanding research done on pain & phytomedicine for the last 30 years. Please note that below claims 5 & 6 are already taken up in complaint no. 1706-C.421"

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objections raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the print advertisement and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that the claims, “Regain your cartilage health and skeleton muscles strength along with flexion without any pain killers, injection and surgical procedures. OPTM scientifically diagnoses the root cause of the problem and treats the cause at cellular and molecular levels”, “Get back healthy knees without operation, knee caps and pain killers”, and “Hi stronger knees and say bye surgery”, were not substantiated with scientific rationale or supporting clinical evidence and are misleading by exaggeration.Claim, “Honoured with the most prestigious 'Rose of Paracelsus award”, was not substantiated with copy of the award certificate, details, references of the awards received such as the year, source and category. Claim is misleading by omission of disclaimer to qualify this claim.The CCC noted that the claims, “Certified OPTM for 'Best medical practice' in the field of pain treatment”, and “Awarded by AYUSH minister for outstanding research done on pain & phytomedicine for the last 30 years”, were challenged under complaint reference no.1706-C.421 which were Upheld by the CCC and it is a continued non-compliance by the advertiser.The print advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

COMPANY: "OPTM HealthCare Private Limited"
PRODUCT:

COMPLAINT:

"1. Get strong knee without surgery. 2. Awarded by Ayush ministry.Please note that below claim 2 has already taken up in complaint no. 1706-C.421"

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objections raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the print advertisement and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that the claim, “Get strong knee without surgery”, was not substantiated with supporting clinical evidence and is misleading by exaggeration.The CCC noted that the claim, “Awarded by Ayush ministry”, was challenged under complaint reference no.1706-C.421 which was Upheld by the CCC and it is a continued non-compliance by the advertiser.The print advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY: "Lida Biotech Pvt Ltd"
PRODUCT:

COMPLAINT:

"1 Pill per day will help reduce weight without diet or exercise.The before and after visuals in the TVC appear to be misleading."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

""The ASCI approached the advertiser for their response in addressing the objection raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the TVC and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that the claim, “1 Pill per day will help reduce weight without diet or exercise”, was not substantiated with product composition details, scientific rationale or product efficacy data and is misleading by exaggeration. Also, efficacy being depicted via visuals 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: "Juvenor Pharmaceuticals"
PRODUCT:"Muslinites Gold Capsules"

COMPLAINT:

"The product is helpful in increasing your power and excitement which will fill your life with happiness.The visual in the Ad read in conjunction with the claims objected to implies that the product is meant for enhancement of sexual pleasure.The AD is for a product for enhancing sexual power and this is described with words Ab har baar banegi baat (Now everytime you will have your say). The product is helpful in increasing your power and excitement which will fill your life with happiness. For better results use Trupti oil for massaging. This contravenes The Drugs and Magic Remedies Act.The product offered in capsule form contains swarna bhasma whose power enhancing power or property increases the act for these pleasant and memorable time. It also contains musli, shilajit, shatavari and ashwagandha like natural herbs which are known for increasing sexual power and excitement.For free sample send your full address with postal pin code by SMS, whatsapp or on phone No. 9130505018. Available at all medical shops. This contravenes ASCI Code ch.III, cl.4 and 5.Ad shows a couple in a well decorated bedroom starring at each other sitting on a bed mattress. A product pack is shown with a couple with smilling faces. This suggests the satisfaction after its use, which contravenes ASCI code ch.III, cl.5(see 1 above)Email address: This email address is being protected from spambots. You need JavaScript enabled to view it. and website: www.juvenorpharma.com are given in AD. Kindly consider the above objections, call for companys reply and then decide on my complaint. Kindly keep me informed."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

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

 

COMPANY:"Epson India Pvt. Ltd"
PRODUCT:"(Epson Printers)"

COMPLAINT:

"“A kid taking colour prints and similar other advertisements. The printer cannot print red colour on normal paper (gsm 75 - recommended quality of paper mentioned in specs of the product), where as the same is not specified anywhere in the advertisement. Even otherwise print quality is very low and not as advertised. the advertisement shows print being taken by a kid for her mother of a plane ticket, which in any case no one takes on glossy paper. the fact has been confirmed by their Head North Mr. Ramasundram that red colour cannot be printed and will only be in variation, which in my case is orange. kids were taken in advertisement so as to attract kids that they can take colour prints as and when they want easily. The advertisement is carried in various media like radio, television, internet.I don’t exactly remember the FM channel on which the ad was being aired. But it was audio of the advertisement you can see on Youtube (ticket adv).However, the links for tv commercials and facebook are mentioned below:Youtube:https://www.youtube.com/user/epsonepil https://www.youtube.com/user/epsonepil/videos Facebook: https://www.facebook.com/epsonindia/ My complaint is not about any particular model but the way the product is portrayed as a help in day to day printing. Whereas, it cannot print even regular colours !!!. Kids have been used to attract kids. Claim of day to day & Ease of use - Printer is portrayed as day to very easy to use even by kids – wrong depiction Claim of being a colour printer - Printer cannot even print basic colours (red in my case, admitted by service centre and their Head(north) as mentioned in my complaint) – Red is one of colours kids get attracted to and on non printing of same kids are disheartened. I don’t think a printer which cannot printer can hardly be called a printer! Claim of Cost of print – manipulation – even if believing that red can be printed on good quality paper (more than 100 gsm) then costs are substantially higher – a layman takes cost as printing cost on day to day use paper available widely i.e. 75 gsm. When red colour was not printing properly and service centre was not responding for over 10 days, I had raised a complaint through Epson’s Facebook page. Thereafter a complaint was attended to on 01.08.2017, wherein after talking to high official at Delhi Epson office, a sample print out was taken by service engineer. On being asked he informed that the same will be forwarded to Mr. Ramasundram (Head – North India) tomorrow i.e.02.08.2017. Mr. Ramasundram’s mobile number was also shared (9599221182). On 02.08.2017 evening Mr. Ramasundram had called from some Delhi landline number (true caller showed Epson) and confirmed that red will print only in variation due to some technology issue. There is no communication in writing. On search it appears to be a normal problem. With someone posting about yellow colour and experience with Ramasundram. Pasting it for your reference"

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI had approached the advertiser for their response in addressing the grievances of the complainant and forwarded the details of the complaint, verbatim, to the advertiser with a request to respond to the same. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat which they did not avail, but submitted their written response. The advertiser had stated in their response that the TVC is not related to printing of specific colours nor does it claim anywhere to achieve the perfect colour reproduction. The communication talks about the InkTank printer concept, and the low cost per print in context of document printing. There is no “recommended quality of paper” mentioned in the specs of the Inkjet printer products. There are many variables which influence the quality of a printout from any printer, such as quality of the source image, the printing resolution/mode of printing, the type of paper used, the type of printer/Ink on which it is printed etc. The quality of printout will vary based on all these criteria. Actual yields vary due to reasons including images printed, print settings, temperature and humidity.As claim support data, the advertiser provided sample colour prints on 100 GSM and 75 GSM printed on Epson Ink Tank printer. Three samples were from the images which were used in the TVCs, and one sample was the official Epson print sample image. ASCI noted that the sample print out of “ticket” visual or “Have a nice trip” visual did not have any red image. ASCI requested for a sample print out of one visual depicted in the advertisement “18 Paise colour” which had the letter C in red, for verification but the advertiser did not provide the same.The claim support data provided by the advertiser was reviewed by the technical expert of ASCI. The CCC viewed the TVC (Ticket) and considered the Advertiser’s response as well as the opinion of the Technical expert presented at the meeting. The CCC observed that the said TVC does not make any specific claims related to printing of any particular colour or achieving perfect colour reproduction and it is about the costs of printing i.e. 7 paise black & white, 18 paise colour. Although, the CCC also noted that the advertiser has not submitted the specific print out requested by ASCI to address the complainant’s grievance of Red colour not getting printed. As per advertiser’s submission, their claims are qualified with disclaimers to mention that Cost per print is calculated based on quoted Page Yield for Black (4,500 pages) and Composite (Cyan/Magenta/Yellow - 7,500 Pages) Ink Bottles, and MRP of Epson Genuine Ink Bottles, and that actual yields vary due to images printed, print settings, temperature and humidity; However, the CCC noted that these disclaimers in the TVCs were not legible, and the hold duration of the disclaimers were not in compliance with the ASCI Guidelines for Disclaimers. The TVCs contravened Clauses 4(VII), and 4(X) of ASCI Guidelines for Disclaimers. This complaint was UPHELD. The objection raised against using kids in the TVC was not considered to be objectionable. This complaint was NOT UPHELD."

COMPANY:"TCL India"
PRODUCT:

COMPLAINT:

"TCL ad in today Times of India claims to be Global No.3 TV manufacturer, India fastest growing TV brand, America No. 4 TV brand, Global Top 50 CE brand. All these claims are not substantiated with disclaimer or mention of which official body has given them these accredations."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI had approached the advertiser for their response in addressing the grievances of the complainant and forwarded the details of the complaint, verbatim, to the advertiser with a request to respond to the same. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat which they did not avail, but submitted their written response. The advertiser had stated in their response that the claim, “Global No.3 TV manufacturer”, is supported by "IHS Markit” from the report “tv-sets-emerging-technologies-market-tracker-pivot-history-q2-2017 2” in the "units share" sheet. As a new brand just launched in August 2016, in just three months, TCL has become the top 3 Best Seller brand in Amazon TV category as per the data of Amazon.in. Advertiser has managed to achieve 16874 units in just five months till the end of 2016 better than other new launch brands in 2016. The estimate of 2017 total sales units is around 54867 units with the YOY growth of 225%. Claim, “America No. 4 TV brand”, is supported by "IHS Markit” from the report “tv-sets-emerging-technologies-market-tracker-pivot-history-q2-2017 2” in the "units sheet". TCL US in Q2 has risen to TOP 3 in the US market by units. Global Top 50 CE brand award was issued by IDG during the CES event in 2017.As claim support data, the advertiser provided a copy of the award, and a copy of TV sets-emerging-technologies-market-tracker. 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 Technical expert presented at the meeting. The CCC observed that – Claim, “Global No. 3 TV Manufacturer” - The source to support this claim was IHS Markit. which has 85% of Fortune Global 500 as customers. According to this report TCL has a 7.4% share of the Global TV shipments in 2017 making it the third largest Global TV manufacturer. This claim was substantiated.Claim, “America’s No.4 TV brand” - The source to support this claim was IHS Markit with data for the USA. As per this report, (Q2, 2017), TCL is the third largest brand in North America in 2017 with a 13% share. This claim was substantiated.Claim, “Global Top 50 CE Brand” - The Global Top Brands Awards by International Data Group (IDG) was an annual award for 2017 for global consumer electronic enterprises. The 2017 Award was the 11th year of this award held on Jan 6th 2017 in Las Vegas. Advertiser provided a copy of this award presented to them by International Data Group (IDG) during the CES event in 2017. This claim was substantiated. These complaints were NOT UPHELD. However, the CCC recommended that the Advertiser should be advised to mention the source and date of research for these claims made in the advertisement.Claim – “India’s fastest growing TV brand” - As per the advertiser, this claim is based on sales units data till August 2017 as certified by Amazon. The CCC concluded that sales in a single e-tailer in India can not be considered as representative of sales of TVs across online as well as offline channels in India. This claim was inadequately substantiated and is misleading by exaggeration. The advertisement contravened Chapters I.1 and I.4 of the Code. This complaint was UPHELD."

 

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

COMPLAINT:

"Your Diwali gift Freedom from baldness. In the Mumbai mirror dated 20/09/2017 on last page "RICHFEEL" Advertisement for hair transplant the photograph shows before & after effects of the procedure which is totally misleading to the customer"

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI had approached the advertiser for their response in addressing the grievances of the complainant and forwarded the details of the complaint, verbatim, to the advertiser with a request to respond to the same. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat which they did not avail, but replied requesting for ten days to submit their response. Since complaints have to be processed in a time bound manner as per the CCC procedure which the advertiser is familiar with and requests from the advertiser for an extension being of repetitive nature, the advertiser was not granted an extension. Subsequently the advertiser submitted their written response prior to the due date. The advertiser had stated in their response that the advertisement is not about hair transplants, it is about hair systems and hair transplants. The advertisement does not claim that the results are for hair transplant. Hair systems & hair transplants both are prominently highlighted in the advertisement.Upon carefully viewing the print advertisement, examining the complaint and the response given by the advertiser, the CCC observed that the advertiser did not provide their response specific to the claims/visuals objected to, nor did they provide photographic evidence to prove that the pictures shown in the advertisement (pre and post treatment) are demonstrating the real benefit achieved through the treatment. The CCC also noted that hair transplant is beig prominently mentioned right below the visual under Festival offer. The CCC concluded that the claim regarding efficacy being depicted via images of before and after the treatment is false, misrepresentation of facts, and misleading by gross exaggeration. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Galaxy Scientific Nutrition P. Ltd"
PRODUCT:"MyFy "

COMPLAINT:

“The Bakri TVC of the brand on You tube ridicules the healthy habit of eating fresh and natural fruits and vegetables by mimicking like a goat.How brand can demean a good habit if they cannot support this. And just for gain of their bottomline and topline. Today we are in grip of packaged foods which is definitely not better than natural fruit and vegetables. This is polluting society.As there is no organised body for fruit and vegetables there is no objection. The brand should not be allowed to do this.”

NATURE OF COMPLAINT:

Recommendation: NOT UPHELD

"The ASCI had approached the advertiser for their response in addressing the grievances of the complainant and forwarded the details of the complaint, verbatim, to the advertiser with a request to respond to the same. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat which they availed and subsequently submitted their written response. The advertiser had stated in their response that the product is only a supplement to bridge the deficiency of fiber, a very essential component of the diet. The YouTube Ad does not encourage people to drop consuming green and healthy vegetables and fruits and that the Ad has to be understood in the context of an exaggerated Fad, in the eyes of a helpless husband.As claim support data, the advertiser provided a review article/journal reference on Dietary Fiber Content Of Indian Diets, and Recommended Dietary Allowances.The CCC viewed the YouTube advertisement and considered the advertiser’s response. The CCC observed that the Ad is set in the context of a husband dealing with a wife trying various fads (“Natak”) and planning a dramatically high consumption of vegetables / fruits. The CCC considered this excessive consumption of food as shown in the TVC as a hyperbole. The CCC also noted that the TVC indicates that the product is to be used as an option to bridge the gap in dietary fibre intake into ones daily food and not as a meal replacement. The CCC concluded that the YouTube Ad was not objectionable. The complaint was NOT UPHELD."

 

COMPANY:"CavinKare Pvt. Ltd"
PRODUCT: "Egg White Chik Shampoo"

COMPLAINT:

"Claims egg white is used in shampoo, to strengthen hair.This is illogical and misleading claim and no ebidence or research report from any credible neutral scientic body is shared by them."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI had approached the advertiser for their response in addressing the grievances of the complainant and forwarded the details of the complaint, verbatim, to the advertiser with a request to respond to the same. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat which they availed via telecons and submitted their written response. The advertiser had stated in their response that Chik Egg White Protein Shampoo contains many ingredients including Egg White Protein i.e. Hydrolyzed Egg Protein. While each ingredient has a role/function to deliver the desired benefits, the overall benefit i.e. nourishment of hair and reducing hair fall due to hair breakage is delivered by the product as a whole..Advertiser provided ingredient list of the product and front and back panel of the product package.Upon carefully viewing the TVC, examining the complaint and the response given by the advertiser, the CCC observed that the product pack refers to a consumer research study done in 2016 for reduction of hair fall due to hair breakage as well as declaration of hydrolysed egg protein in the ingredient list. While the Advertiser asserts about product benefit, they did not provide a copy of this consumer study nor details regarding the claim of nourishment of damaged hair – a benefit attributed to the product. The CCC concluded that the TVC claims, “Eh damaged baloon ko nourish karke hairfall kam kare”, was not substantiated and was misleading by exaggeration. The complaint was UPHELD."

 

COMPANY:"Ibibo Group Pvt. Ltd."
PRODUCT:"(Fab Hotels)"

COMPLAINT:

“Wrong information images and assurances on both company websites and advertisements. According to images and information mentioned the Fab Hotels official website the hotel has gym bar snooker pool dining area restaurant 24x7 dining service tea coffee maker in room. Bathroom images clearly show shower gel n shampoo. This information is mileading. The hotel has no adequate security. Images of gym and the restaurant belong to Phoenix Fitness Studio n Chill and Grill owned by different people. Even basic tea or coffee were machine made. The management of both Goibibo and Fab Hotels are taking consumers for a ride.”

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI had approached the advertiser (Casa2 Stays Pvt. Ltd – Fab Hotels) and the online platform which carried the Ad (Ibibo Group Pvt. Ltd), for their response in addressing the grievances of the complainant and forwarded the details of the complaint, verbatim, to the advertiser and to Ibibo Group, with a request to respond to the same. Both the parties were offered an opportunity for Personal Hearing with the ASCI Secretariat which they did not avail. Ibibo Group submitted their written response whereas no response was received from the advertiser (Fab Hotels) prior to the prescribed due date for this complaint.Ibibo Group had stated in their response that the Fab Hotel had provided them with photographs and facilities being provided at the said Hotel which got uploaded onto the Ibibo Website/ Mobile App. The FabHotel had specifically given an undertaking that all the information provided by them was true, accurate and complete.The CCC viewed the website advertisement and considered the Ibibo’s response. The CCC also considered the evidence provided by the complainant of Fab Hotel not providing amenities advertised, Images of gym and the restaurant belonging to Phoenix Fitness Studio n Chill and Grill.In the absence of response from Fab Hotels, the CCC concluded that the Ibibo website showing images of Fab Hotel having gym bar, snooker pool, dining area restaurant 24x7, dining service tea coffee maker in room, are false, misleading and are misrepresentation of facts by giving false information about the facilities being provided at the Hotel. The Website advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Nakshatra World Limited"
PRODUCT:"(Nakshatra.world)"

COMPLAINT:

Kindly note and take action on the following. Nakshatra has an advertisement in Economic Times pg17 on 28th Sept claiming itself to be to be the Most Trusted Jewellery Company as 'awarded by' International Brand Consulting, USA (IBC). This information is falsely misleading consumers and we are taking IBC, a Kanpur based entity, to court over IPR. Typically IBC awards this to anyone willing to pay. It is the same company giving out awards to Scotland and other such brands. Request you kindly help correct this incorrect information and also test and scutinize their methodology. Please see image of page 8 advertisement of newspaper of date. Economic times Pg 17 on 28th Sept.

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the grievances of the complainant and forwarded the details of the complaint, verbatim, to the advertiser with a request to respond to the same. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the print advertisement. Advertiser did not provide copy of the particular award/certificate as claimed in the advertisement, with details of the process as to how the selection was done i.e. survey methodology, details of survey data, criteria used for evaluation, questionnaires used, names of other similar jewellery companies that were part of the survey and the outcome of the survey. The credibility and authenticity of the certifying body was not provided by the advertiser. The CCC concluded that the claim, “India’s Most Trusted Jewellery Company”, awarded by International Brand Consulting Corporation, USA , was not substantiated with supporting data. The claim is misleading by exaggeration. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Pure Royale"
PRODUCT:"Pure Royale Supari Mix"

COMPLAINT:

“Caution statement is missing”

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objection raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the print advertisement and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that the advertisement which is for a Supari product is misleading by omission of a cautionary warning that “Chewing of supari is injurious to health”. The print advertisement contravened Chapters I.4 and III.4 of the ASCI Code and Guidelines on Advertising of Foods & Beverages. The complaint was UPHELD."

 

COMPANY:"Pfizer Ltd"
PRODUCT:"Anne French All Natural Hair Removal Cream"

COMPLAINT:

“Ab waxing bhool jao Anne French All Natural Apnao”, “Anne French All Natural Apnao”,“Iske natural moisturizers skin ko banaye soft and smooth 2x softer skin”, “Aur iski mahek hai Wao Herbal Fragrance**”

NATURE OF COMPLAINT:

We have following objections to make against the impugned advertisement that is misleading, dishonest and makes off the cuff claims without substantiation. 1) Ab waxing bhool jao Anne French All Natural Apnao: We take strong objection to disparagement of entire category of hot and cold waxes and wax strips including Veet ready to use cold wax strips. Veet cold wax strips are clearly identified in the impugned advertisement and are shown to be rejected. Wax strips segment is about 15.42 cr. as per Nielsen data (MAT August' 17), out of which Veet Cold wax strips is the market leader with a segment of 96.65%. This means if 100 consumers of in home wax strips were to see the impugned ad and drive home the rejection of wax strips, 96.65 would drive home the rejection of Veet wax strips, which is very injurious. The impugned advertisement is rejecting the use of Wax strips without any comparative basis. No comparative superiority of Anne French All Naturals Hair Removal Cream is being claimed in the Ad v. wax strips or v. Veet wax strips, yet wax strips and Veet wax strips have been clearly identified and rejected without a basis. 2) Anne French All Natural Apnao How can a chemical depilatory product be called "all" Natural. As per Drugs and Cosmetics Act, ingredients which are present in concentration of more than one percent are to be listed in descending order of weight or volume at the time they are added. In case of Anne French All natural product, Thioglycolic Acid is the second ingredient, which means in terms of concentration, it is the second highest. Complete list of ingredients in Anne French All natural product are as per the below image: Majority of the above ingredients are chemical in nature, whereas, use of the word "All" depicts the product to be herbal, which is clearly misleading and untruthful. A product having chemical active and chemical ingredients cannot be "All natural". Advertiser is called upon to establish how the product in question is "All natural"? 3) Iske natural moisturizers skin ko banae soft and smooth 2x softer skin *Pfizer India 2011, Data on file Iske natural moisturizers skin ko banaye soft and smooth is shown on screen with image of Aloe Vera. Advertiser is called upon to explain or establish the below glaring discrepancies in the impugned advertisement: Which is this natural moisturizer in the product? How does Aloe Vera gives moisturizing benefits in the product composition? Softness and smoothness is the result of hair removal, which is the result of action of thioglycolic acid in case of the marketer's product. It's misleading to say that natural moisturizer makes skin soft and smooth "Making skin 2x softer" is a comparative claim, neither the context nor the comparison has been explained in the impugned advertisement. Advertiser is asked upon to establish if "Anne French all natural" variant was existing in 2011 when the said mentioned test "Pfizer India 2011, Data on file" would have been done? If not, how can a test done in 2011 form the basis of an ingredient claim, as on date. 4) Aur iski mahek hai Wao Herbal Fragrance** **This fragrance compound contains Eucalyptus Oil, Fir Needle Oil, Lemon Oil and Turmeric Leaf Oil (Ref, Pfizer India 2015 Data on File) Advertiser is called upon to establish: - How the fragrance is herbal? - Are the ingredients of fragrance extracted from natural sources or are these synthetic? - The "Pfizer India 2015 Data on file" should be shared and explained as to what does it substantiate?

Recommendation: UPHELD

"The ASCI had approached the advertiser for their response in addressing the grievances of the complainant and forwarded the full details of the complaint, verbatim, to the advertiser with a request to respond to the same. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat which they availed and submitted their written response. The advertiser had stated in their response that the cold wax strips illustrated in the TVC are generic ready to use wax strips, whereas the Veet ready to use wax strips would have a unique shape and would have come with branding, making it easily identifiable had the same been used. The TVC shows that the product offers an alternative to every day hot and cold waxes and cold wax strips without disparaging any other product or category of products and offers a painless way of depilation. The claim of “All Natural” which has been made is in relation to the 'Natural Aloe Vera Gel' which is used in the product and not for the product as a whole. Aloe Vera Gel, used in the product is also certified by the vendor from whom the same is procured that it is 100% pure quality organic certified material. Aloe Vera Gel used is the natural moisturizer in the formulation. The claim that the use of the product results in 2x softer skin is in relation to the after treatment effect of the said product which is demonstrated by a Corneometer after taking the pre and post depilation readings. The conclusion of this study was that the Corneometer reading showed that the hydration levels of the skin had increased 2.6 times at 3 minutes application. The fragrance of Anne French is achieved from the herbal ingredients which are extracted from natural resources. The advertiser does not use any synthetic fragrance note to enhance the herbal fragrance of Anne French.As claim support data, the advertiser provided research papers on methods of hair removal and preferred methods of excess hair removal in pediatric patients with lung transplantation, a copy of the certificate issued by the vendor on Aloe Vera, research papers on the moisturizing effect of the Aloe Vera gel and how the use of Aloe Vera results in softer smoother skin, extracts of the study titled 'To evaluate the efficacy of depilatory cream formulations for hair removal on healthy human subjects', copy of the certificate issued by Vendor on fragrance compound, email confirmation of the vendor that the ingredients have been extracted from natural sources, and samples of the product.The claim support data was reviewed by the technical expert of ASCI. The CCC viewed the TVC and considered the Advertiser’s response as well as opinion of the Technical expert presented at the meeting. The CCC observed that - Claim, “Ab waxing bhool jao” – Advertiser states that the product depicted is generic with no clear identifier elements; also it is a fact that hot/cold wax/strips have a pain issue. Published papers show that hair removal creams have less pain. However, no other superiority claim is made. The CCC observed that the TVC shows waxing strips with a bowl of wax, and does not depict any particular identifiable brand. The claim “Ab waxing bhool jao” was considered as a hyperbole highlighting a painless depilation method and in that context, the visual shown of a hand pushing aside the parlour strips and a wax bowl, was not considered to be in contravention of the ASCI code. This complaint was NOT UPHELD. Claim, “Anne French All Natural Apnao” - Advertiser states that the claim of "All Natural" made is in relation to the Natural Aloe Vera Gel which is used in the product and not for the product as a whole. The CCC did not agree with the advertiser’s contention as the visuals in the TVC as well as pack shots imply the "all natural" applies to the product as a whole. The CCC concluded that the product is a chemical depilatory and its "all natural" nomenclature / claim in the context of Aloe Vera present at 1% level in the product is misleading by ambiguity and exaggeration. The TVC contravened Chapter I.4 of the ASCI Code. This complaint was UPHELD. Claim, “Iske natural moisturizers skin ko banaye soft and smooth” – Advertiser states that the product contains Aloe Vera gel in 1% concentration as the natural moisturizer, which is sufficient to deliver the desired moisturizing effect. The CCC also noted that by virtue of depilation, the post use skin would be smooth. This claim was not objectionable. This complaint was NOT UPHELD.

 

COMPANY:"Nearbuy India Private Limited"
PRODUCT:"Golden Feather Salon"

COMPLAINT:

“In the nearbuy app, salon category their is an outlet called as golden feather salon (mathikere). Their their is an outlet called as golden feather salon (mathikere). their is an voucher consists of hair cut and hair wash .mentioned as 250 and scratched and written as 199..actual cost in the outlet is 150 hair cut/50 hair wash..in this case nearbuy is misleading the rates and providing a wrong advertisement to the consumers. https://www.nearbuy.com/offer/bangalore/mathikere-extension/Golden-Feather-Family-Salon-46768/46768?as=Golden%20Feather%20Family%20Salon%2C%20Mathikere%20Extension%2C%20Bengaluru http://goldenfeathersaloon.com/men.php These are the above 2 links of the outlets.”

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI had approached the advertiser (Golden Feather Family Salon) and the online platform which carried the Ad (Nearbuy India Ltd) for their response in addressing the grievances of the complainant and forwarded the details of the complaint, verbatim, to the advertiser and to Nearbuy India, with a request to respond to the same. Both the parties were offered an opportunity for Personal Hearing with the ASCI Secretariat which they did not avail. Nearbuy India submitted their written response. The CCC noted that no response was received from the advertiser (Golden Feather Family Salon) prior to the prescribed due date for this complaint. Nearbuy India had stated in their response that the offer claimed is from Golden Feather Family Salon who is their valuable merchant and the price slashed by them is the offer of Haircut + Hair Wash which is Rs. 250/- when visited directly to the outlet. However, the same is being offered by nearbuy.com at Rs. 199/- inclusive of taxes and service charges. This offer gives the liberty to the consumer to choose from different styling of Haircut available at Golden Feather Family Salon. The CCC viewed the website advertisement and considered the Nearbuy India’s response. The CCC observed that the website communication claims that the actual rate of Haircut+Hairwash is Rs.250, while offering at the discounted rate of Rs.199. However, based on the evidence provided by the complainant, the actual rate of Golden Feather Family Salon for HairWash+Haircut is Rs. 200. The CCC concluded that the website communication claiming the HairWash+Haircut rate as Rs.250, and offering at the discounted rate of Rs.199, when the actual original rate for the service offered is Rs.200, is false, distorts facts and is misleading the consumers as to actual discount being offered. The website communication contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY: "Madura Fashion & Lifestyle"
PRODUCT:"Linen Club"

COMPLAINT:

“This advertisement shows Actor Farhan Akhtar pillion riding wearing a helmet without strap. Both rider and pillion rider are wearing low quality helmets not meant for two wheelers, as per the central motor vehicle act, two wheeler riders are required to wear ISI helmet. This is unsafe riding practice and encourage people to follow the renowned actor in same manner. It was shown on Aajtak, 07/10/2017 at 4:21 pm. Kindly look into it.”

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI had approached the advertiser for their response in addressing the grievances of the complainant and forwarded the details of the complaint, verbatim, to the advertiser with a request to respond to the same. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat which they did not avail, but submitted their written response. The advertiser had stated in their response that the TVC will be rectified to ensure that Farhan Akhtar wears a helmet with a strap that comfortably secures his face. As for the objection raised against both rider and pillion rider wearing low quality helmets not meant for two wheelers, the advertiser assured that these are standard proper safety helmets that have also been showcased multiple times in advertisements for other automotive vehicle brands. With regards to the quality of the helmet, the TVC showcases both the rider and the pillion rider wearing protective headgear that are proper safety helmets and fulfil Motor Vehicle Act. Advertiser in their response provided a link to view protective headgear similar to what is used in their TVC that is sold by a trusted e-commerce website. The CCC verified this link and observed that the amazon website depicted an All Purpose Safety Helmet with Strap, however, on the web-site itself this was called out as not being of the ISI standard.Upon carefully viewing the TVC, examining the complaint and the response given by the advertiser, the CCC noted that the Central Motor Vehicles Act clearly provides that both drivers and other riders of two wheelers (which indicates pillion riders), while riding the vehicle in public places have to wear protective headgear.In view of the above the CCC concluded that the visual showing Actor Farhan Akhtar pillion riding wearing a helmet without strap, and both rider and pillion rider wearing non-ISI standard helmets, is in violation of Section 129 (a) and (b) of the Motor Vehicles Act, 1988. The visual depiction in the TVC without justifiable reason, show a dangerous practice and manifests a disregard for safety. The TVC contravened the Chapters III.3 and III.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Friend’s Electronics"
PRODUCT:

COMPLAINT:

“ “I wish to bring to your kind attention that..... Friend's electronics is openly advertising in newspapers that .."There is no service support on Online Shopping" This statement is false because normal warranty (as applicable ) from the seller company is definitely available to customers whether buying products onlineor offline... Friend's electronics have given full page ads in leading English dailies (which I saw...and maybe in other newspapers also ) saying .... buy TVs ,Split ACs etc from them only.... Friend's electronics outlet should be made answerable for give misleading ads in newspapers. Such incorrect ads mislead gullible customers for the benefit of such unscrupulous vendors, this practice should not only be stopped but also strict penal action should be taken . Even newspapers who publish such false deceptive ads only in the run for money should be made answerable. I have attached an image of the advertisement, for your kind perusal please take proper action thanks “

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the grievances of the complainant and forwarded the details of the complaint, verbatim, to the advertiser with a request to respond to the same. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the print advertisement and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that the claim, “There is No Co’s service support on Online Shopping" is misrepresentation of facts, and was misleading by exaggeration, and by implication unfairly denigrated other online e-retailers in the same category. The advertisement contravened Chapters I.1, I.4 and IV.1(e) of the ASCI Code. The complaint was UPHELD."

 

COMPANY: "Indian Institute of Safety Management"
PRODUCT:"LaMode"

COMPLAINT:

““100% Placement Assistance.” Claim misleading by implication"

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objection raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the print advertisement and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that while the advertiser may be providing placement assistance to their students, the use of 100% numerical is not relevant for “placement assistance” claim. The use of “100%” as a descriptor in the claim is misleading by implication. The advertisement contravened Guidelines for Advertising of Educational Institutions and Programs as well as Chapter I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY: "Academy of Aviation"
PRODUCT:"Academy of Aviation & Professional Excellence"

COMPLAINT:

““100% placement assistance. 100% numerical claim misleading by implication.”

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objection raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the print advertisement and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that while the advertiser may be providing placement assistance to their students, the use of 100% numerical is not relevant for “placement assistance” claim. The use of “100%” as a descriptor in the claim is misleading by implication. The advertisement contravened Guidelines for Advertising of Educational Institutions and Programs as well as Chapter I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Airline & Hotel Management Academy"
PRODUCT:

COMPLAINT:

"100% job guarantee."

NATURE OF COMPLAINT:

Recommendation: UPHELD

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

 

COMPANY:"Atulesh Convent High School"
PRODUCT:

COMPLAINT:

"100% scholarship."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objection raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the print advertisement and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that the claim, “100% scholarship”, was not substantiated with supporting evidence of 100% scholarships availed by any of their students, and was misleading by ambiguity regarding the amount of scholarship and the total number of scholarships being offered. The advertisement contravened the Guidelines for Advertising of Educational Institutions and Programs as well as Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Bhagwant University"
PRODUCT:

COMPLAINT:

“100% placement”

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

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

COMPANY: "Christian Nursing School Kullu- Christian Nursing Institution"
PRODUCT:

COMPLAINT:

“100% job placement.”

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

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

COMPANY:"Click Coaching"
PRODUCT:

COMPLAINT:

"Exclusive No.1 Banking Institute."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objection raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the print advertisement and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that the claim, “Exclusive No.1 Banking Institute”, was not substantiated with any verifiable comparative data of the advertiser’s institute and other similar institutes in the same category, or through a third party validation. The claim was misleading by exaggeration. The advertisement contravened the Guidelines for Advertising of Educational Institutions and Programs as well as Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY: "Dr.Anushka Group of Institutes- Dr. Anushka Vidhi Mahavidyalaya"
PRODUCT:

COMPLAINT:

"No.1 coaching institute for all competitive examinations."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objection raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the print advertisement and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that the claim, “No.1 coaching institute for all competitive examinations”, was not substantiated with any verifiable comparative data of the advertiser’s institute and other similar institutes, or through a third party validation. The claim was misleading by exaggeration. The advertisement contravened the Guidelines for Advertising of Educational Institutions and Programs as well as Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Dr.Bhimrao Ambedkar Technical Training Institute"
PRODUCT:

COMPLAINT:

"No.1 coaching institute for all competitive examinations."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objection raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the print advertisement and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that the claim, “No.1 coaching institute for all competitive examinations”, was not substantiated with any verifiable comparative data of the advertiser’s institute and other similar institutes, or through a third party validation. The claim was misleading by exaggeration. The advertisement contravened the Guidelines for Advertising of Educational Institutions and Programs as well as Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Dr.Bhimrao Ambedkar Technical Training Institute
PRODUCT:

COMPLAINT:

"“100% Job Assistance” (100% numerical claim misleading by implication)"

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objection raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the print advertisement and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that while the advertiser may be providing job assistance to their students, the use of 100% numerical is not relevant for “Job assistance” claim. The use of “100%” as a descriptor in the claim is misleading by implication. The advertisement contravened Guidelines for Advertising of Educational Institutions and Programs as well as Chapter I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Emphasis Educational Charitable Trust- Emphasis Ranchi"
PRODUCT:

COMPLAINT:

“No.1 Coaching institute of Jharkhand.”

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objection raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the print advertisement and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that the claim, “No.1 Coaching institute of Jharkhand”, was not substantiated with any verifiable comparative data of the advertiser’s institute and other similar institutes, or through a third party validation. The claim was misleading by exaggeration. The advertisement contravened the Guidelines for Advertising of Educational Institutions and Programs as well as Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Fortune Academy For Career Empowerment-"
PRODUCT:"Fortune Academy For Career Empowerment-"

COMPLAINT:

"100% placement guaranteed."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

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

 

COMPANY: "FLYWAY Institution of Training and Placements Pvt Ltd-"
PRODUCT:"FLYWAY Air Hostess Training Academy"

COMPLAINT:

"100% placement guarantee."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

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

 

COMPANY:"Glam India Academy"
PRODUCT:

COMPLAINT:

"100% placement Assistance."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objection raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the print advertisement and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that while the advertiser may be providing placement assistance to their students, the use of 100% numerical is not relevant for “placement assistance” claim. The use of “100%” as a descriptor in the claim is misleading by implication. The advertisement contravened Guidelines for Advertising of Educational Institutions and Programs as well as Chapter I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY: "Gujarat University"
PRODUCT:

COMPLAINT:

““100% job ready”. 100% numerical claim misleading by implication.”"

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objection raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the print advertisement and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that while the advertiser may be providing job to their students, the use of 100% numerical is not relevant for “job ready” claim. The use of “100%” as a descriptor in the claim is misleading by implication. The advertisement contravened Guidelines for Advertising of Educational Institutions and Programs as well as Chapter I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY: "Gurukul Management Studies"
PRODUCT:

COMPLAINT:

"“100% job assistance”. 100% numerical claim misleading by implication.” CCC RECOMMENDATION:"

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objection raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the print advertisement and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that while the advertiser may be providing job assistance to their students, the use of 100% numerical is not relevant for “job assistance” claim. The use of “100%” as a descriptor in the claim is misleading by implication. The advertisement contravened Guidelines for Advertising of Educational Institutions and Programs as well as Chapter I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY:"Hanswahini Institute of Science & Technology"
PRODUCT:

COMPLAINT:

"100% Placement of Diploma in Electronics Engineering."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

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

 

COMPANY: "The ICFAI University"
PRODUCT:

COMPLAINT:

"“100% placement assistance.”100% numerical claim misleading by implication"

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objection raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the print advertisement and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that while the advertiser may be providing placement assistance to their students, the use of 100% numerical is not relevant for “placement assistance” claim. The use of “100%” as a descriptor in the claim is misleading by implication. The advertisement contravened Guidelines for Advertising of Educational Institutions and Programs as well as Chapter I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY: "Indra Ganesan Educational and Charitable Trust-"
PRODUCT:"Indra Ganesan College of Engineering"

COMPLAINT:

"“100% placement assistance.” 100% numerical claim misleading by implication"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objection raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the print advertisement and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that while the advertiser may be providing placement assistance to their students, the use of 100% numerical is not relevant for “placement assistance” claim. The use of “100%” as a descriptor in the claim is misleading by implication. The advertisement contravened Guidelines for Advertising of Educational Institutions and Programs as well as Chapter I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY: "Vikramshila Educational and Welfare Society-"
PRODUCT:"International School of Management, (ISM)"

COMPLAINT:

"100% placement record"

NATURE OF COMPLAINT:

Recommendation: UPHELD

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

 

COMPANY: "ITM University"
PRODUCT:

COMPLAINT:

"100% Placements – MBA supply chain & logistics"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objection raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the print advertisement and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that the claim, “100% Placements – MBA supply chain & logistics”, was not substantiated with authentic supporting data such as detailed list of students who have been placed through their Institute, contact details of students for verification, enrolment forms and appointment letters received by the students, nor any independent audit or verification certificate. The claim is misleading by exaggeration. The advertisement contravened the Guidelines for Advertising of Educational Institutions and Programs as well as Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY: "Jayalakshmi Institute of Technology"
PRODUCT:

COMPLAINT:

“Assured employment opportunity.”

NATURE OF COMPLAINT:

"The ASCI approached the advertiser for their response in addressing the objection raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the print advertisement and in the absence of any comments or response from the advertiser, the CCC concluded that the claim, “Assured employment opportunity”, was not substantiated with supporting data, and is misleading by exaggeration. The advertisement contravened Guidelines for Advertising of Educational Institutions and Programs as well as Chapters I.1and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY: "JD Institute of Fashion Technology"
PRODUCT:

COMPLAINT:

"Assured employment opportunity."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objection raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the print advertisement and in the absence of any comments or response from the advertiser, the CCC concluded that the claim, “Assured employment opportunity”, was not substantiated with supporting data, and is misleading by exaggeration. The advertisement contravened Guidelines for Advertising of Educational Institutions and Programs as well as Chapters I.1and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY: "JD Institute of Fashion Technology"
PRODUCT:

COMPLAINT:

"Assured employment opportunity."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objection raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the print advertisement and in the absence of any comments or response from the advertiser, the CCC concluded that the claim, “Assured employment opportunity”, was not substantiated with supporting data, and is misleading by exaggeration. The advertisement contravened Guidelines for Advertising of Educational Institutions and Programs as well as Chapters I.1and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY: "JD Institute of Fashion Technology"
PRODUCT:

COMPLAINT:

"India's best design 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 had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the print advertisement and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that the claim, “India’s Best Design School”, was not substantiated with any market survey data, or verifiable comparative data of the advertiser’s institute and other similar institutes, or through a third party validation. The claim was misleading by exaggeration. The advertisement contravened the Guidelines for Advertising of Educational Institutions and Programs as well as Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY: "Maharishi Shiksha Sansthan MSS- Maharishi Institute of Management"
PRODUCT:

COMPLAINT:

"100% placement assistance” (100% numerical claim misleading by implication)"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objection raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the print advertisement and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that while the advertiser may be providing placement assistance to their students, the use of 100% numerical is not relevant for “placement assistance” claim. The use of “100%” as a descriptor in the claim is misleading by implication. The advertisement contravened Guidelines for Advertising of Educational Institutions and Programs as well as Chapter I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY: "Oriental Institute of Science and Technology"
PRODUCT:

COMPLAINT:

"“100% Job oriented course”. (100% numerical claim is misleading by implication)"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI had approached the advertiser for their response in addressing the objection raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat which they did not avail, but submitted their written response post the due date. The advertiser had stated in their response that the advertisement was issued by their sister concern, and the objected claim made was an inadvertent error. Such type of advertisement will not be released again.Upon carefully viewing the print advertisement examining the complaint and the response given by the advertiser, the CCC concluded that while the course offered by the advertiser may be job oriented, the use of 100% numerical is not relevant for “job oriented course” claim. The use of “100%” as a descriptor in the claim is misleading by implication. The advertisement contravened the Guidelines for Advertising of Educational Institutions and Programs as well as Chapter I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY: "Parul Arogya Seva Mandal Trust- Parul University"
PRODUCT:

COMPLAINT:

"100% industry placements for final year projects"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objection raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the print advertisement and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that the claim, “100% Industry Placements for final year projects”, was not substantiated with authentic supporting data such as detailed list of students who have been placed in the industry for the final year projects, contact details of students for verification. The claim is misleading by exaggeration. The advertisement contravened the Guidelines for Advertising of Educational Institutions and Programs as well as Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY: "Dr. Gill Future Health Centre"
PRODUCT:

COMPLAINT:

"“There is no need of knee replacement, knee is cured through medicines”(Testimonial claim is misleading by exaggeration and not representative of results that are achievable in reality)"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"“There is no need of knee replacement, knee is cured through medicines” (Testimonial claim is misleading by exaggeration and not representative of results that are achievable in reality) consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that the claim, “There is no need of knee replacement, knee is cured through medicines”, was not substantiated with supporting clinical evidence. The Testimonial claim is misleading by exaggeration and not representative of results that are achievable in reality. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY: "Peram Group"
PRODUCT:

COMPLAINT:

"1. To be No.1 realtor in Vishakha. 2. To be most trusted realtor in South India"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objections raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the print advertisement and in the absence of any comments or response from the advertiser, the CCC concluded that the claims, “To be No.1 realtor in Vishakha”, and “To be most trusted realtor in South India”, were not substantiated with any market survey data or with any verifiable comparative data of the advertiser’s institute and other similar institutes, or through a third party validation. The claims are misleading by exaggeration. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY: "Slim & Smile Slimming Centre"
PRODUCT:

COMPLAINT:

“ 1. To reduce weight without exercise, medicine, fatigue, pain and no side effect. 2. To reduce 6 to 12 kg through modern machine and reduce 3 to 6 inch figure. 3. To give 100% Guarantee.(Visuals 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 had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. Advertiser did not provide details of the treatment procedure for weight reduction, nor any weight loss data based on rigorous trial on statistically significant number of patients. The CCC viewed the print advertisement and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that the claims, “To reduce weight without exercise, medicine, fatigue, pain and no side effect”, “To reduce 6 to 12 kg through modern machine and reduce 3 to 6 inch figure”, and “To give 100% Guarantee”, were not substantiated with supporting clinical evidence, and with treatment efficacy data, and are misleading by exaggeration. The visuals in the advertisement imply a significant weight loss around tummy would be feasible, which is also grossly misleading. The advertisement contravened Chapters I.1and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY: "Maa Kamakhavya Darbar Fragrances India Pvt. Ltd - Tiranga Sacred Siddhi Gugal Agarbatti"
PRODUCT:

COMPLAINT:

“ “India's No.1 Brand.”

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objection raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the print advertisement and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that the claim, “India's No.1 Brand”, was not substantiated with any market survey data, or with verifiable comparative data of the advertiser’s brand and other agarbatti brands, or any third party validation to prove this claim. The claim is misleading by exaggeration. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY: "V3 Slim Care"
PRODUCT:

COMPLAINT:

“ 1. Reduce 10 kg within 2 months. 2. No side effects, no medicine, no crash diet and no exercise.(Visuals 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 had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. Advertiser did not provide details of the treatment procedure for weight reduction, nor any weight loss data based on rigorous trial on statistically significant number of patients. The CCC viewed the print advertisement and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that the claims, “Reduce 10 kg within 2 months”, and “No side effects, no medicine, no crash diet and no exercise”, were not substantiated with supporting clinical evidence, and with treatment efficacy data, and are misleading by exaggeration. Also, efficacy being depicted via images of before and after the treatment are misleading. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY: "Vasan Healtcare Private Limited "
PRODUCT:"Vasan Eye Care Hospital"

COMPLAINT:

“ “India's largest eye care provider.”

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objection raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the print advertisement and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that the claim, “India’s largest eye care provider”, was not substantiated with any market survey data, or with verifiable comparative data of the advertiser’s hospital and other Eye Care hospitals, or through a third party validation. The claim is misleading by exaggeration. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY: "Garg Industries"
PRODUCT:

"Nirol Electricals"

COMPLAINT:

“ “Decrease electricity bill by half.”

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objection raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the TVC and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that the claim, “Decrease electricity bill by half.” (“bill aada”) was not substantiated with technical data/test reports, and is misleading by exaggeration. The TVC contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY: "Devalya Education Pvt. Ltd - Devalya Education"
PRODUCT:<

COMPLAINT:

“India s first digital education platform.”

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objection raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the TVC and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that the claim, “India’s first digital education platform”, was not substantiated with verifiable comparative data of the advertiser’s digital platform and other similar digital education platforms, and is misleading by exaggeration. The TVC contravened the Guidelines for Advertising of Educational Institutions and Programs as well as Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY: "UtsEco International"
PRODUCT:"Uts Eco Solar Water Heater"

COMPLAINT:

“ “India’s best solar water heater.”

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

" The ASCI approached the advertiser for their response in addressing the objection raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the TVC and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that the claim in Marathi, as translated in English, “India’s best solar water heater”, was not substantiated with verifiable comparative data of the advertiser’s product and other competitor products, or with market survey data, or through a third party validation; The claim was misleading by exaggeration. The TVC contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY: "Dabur India Ltd"
PRODUCT:

"Dabur Laal Tel"

COMPLAINT:

“ this is 9.50 PM 2nd sept 2017. sa re ga ma little champs program. In commercial of Dabur red oil, there is a claim- duguni raftaar se sharirik vikas kare....''I dont think that it is medically correct to claim that this oil would develop body of the child at double the speed, just by massage with this oil. Dabur should be asked to substantiate it with medical facts…”

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

" The ASCI had approached the advertiser for their response in addressing the grievances of the complainant and forwarded the details of the complaint, verbatim, to the advertiser with a request to respond to the same. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat which they availed, and submitted their written response. The advertiser had stated in their response that the claim, “Dugni tezi se sharirik vikas” (2X faster physical growth) is made on the basis of DLT Clinical Study (2007-08): Published in peer reviewed journal “International journal of Pharmaceutical Research” and also registered at Clinical Trial registry of India. The results of this clinical study on physical growth parameters showed that regular massage of babies with Dabur Lal Tail will help them having two times faster physical growth in comparison to no massage. The claim in the TVC “Dugni Tezi se Sharirik Vikas” is qualified with disclaimers - “Basis a 10 week Clinical research on babies up to 6 months of age in comparison to no massage group”. An independent consumer research study (2017) conducted on sample size 939 reported that more than 90% mothers informed that regular massage with Dabur Lal Tail helped their babies having faster physical growth, crawling and walking earlier, babies becoming more active and healthy.As claim support data, the advertiser provided Published Clinical Study & CTRI Registration details on Dabur Lal Tail (DLT), DLT Safety studies summary 2006, DLT Absorption Study summary 2006, and Market Research study (2017) summary on Dabur Lal Tail.Upon carefully viewing the TVC, examining the complaint and the response with the supporting data given by the advertiser, the CCC concluded that although the claim, “Dugni tezi se sharirik vikas”, was substantiated, this claim was valid for babies upto six months of age. However, there was a discrepancy in the TVC as it showed the baby getting up and walking towards the mother and thus indicating the age to be more than six months. The CCC noted that the additional data presented by the advertiser is about brand performance measurement and what the current users of the product “believe” regarding the product benefit. However, this data was not considered to be acceptable in absence of any scientific support for age group of six months to two years – similar to the clinical study quoted by the advertiser. The CCC concluded that the visual in the TVC of an older baby when read in conjunction with the disclaimer claiming clinical research on babies up to 6 months of age, was misleading by ambiguity and implication. The legibility of the disclaimers in the TVC were not in compliance with the ASCI Guidelines for Disclaimers. The TVC contravened Chapter I.4 of the ASCI Code and Clause 4(VII) of ASCI Guidelines for Disclaimers. The complaint was UPHELD."

 

COMPANY: Amrit 55"
PRODUCT:"Herbal Lip Therapy for Pink Lips"

COMPLAINT:

" 1. Only within 7 days, guarantee to make black lips pink like before 2. 100% Guaranteed solution 3. First time in India"

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the concerned Media (Lokmat) for their assistance in providing the contact details of the advertiser, or to forward the complaint to the advertiser. The CCC noted that no response was received from the advertiser or from the concerned media prior to the due date for this complaint. The CCC viewed the print advertisement. In the absence of response from the concerned media and comments from the advertiser, the CCC concluded that the claims (in Hindi) as translated in English, “Only within 7 days, guarantee to make black lips pink like before” and “100% Guaranteed solution”, were not substantiated with product efficacy data. Claim, “First time in India”, was not substantiated with any comparative data of the advertiser’s product and other competitive products in the same category. The claims are misleading by exaggeration. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY: "Dr. Bora Super Speciality Homeopathy"
PRODUCT:

COMPLAINT:

"“Get freedom from Thyroid”"

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objection raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the print advertisement and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that the claim in Marathi, as translated in English, “Get freedom from Thyroid”, was not substantiated with supporting clinical evidence and is misleading by exaggeration. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY: "Nurture Health Care"
PRODUCT:

"Medora Upchar Paddhati"

COMPLAINT:

““Reduces 13kg in just few months” Testimonial in the advertisement appears to be misleading.”

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objection raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the Ad – advertorial and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that the claim, “Reduces 13kg in just few months”, was not substantiated with clinical evidence of product efficacy, and is misleading by exaggeration. Also, the testimonial in the advertorial was misleading by gross exaggeration. The Ad – advertorial contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY: "Khodiyar Ayurvedic"
PRODUCT:

COMPLAINT:

"1. Get permanent riddance from cholesterol. 2. Protect yourself from heart attack."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objections raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the print advertisement and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that the claims, “Get permanent riddance from cholesterol”, and “Protect yourself from heart attack”, were not substantiated with supporting clinical evidence and are misleading by exaggeration. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

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

COMPLAINT:

"11. Due to busy life, men are unable to manage their health well. Due to low energy, they are unable to satisfy their partners expectations. 3. 303 gold power Oil helps remove weakness."

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objections raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the print advertisement and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that the claim, (“Due to busy life, men are unable to manage their health well. Due to low energy, they are unable to satisfy their partners expectations”), “303 gold power Oil helps remove weakness”, was not substantiated with product efficacy data, and is misleading by exaggeration. The CCC also concluded that these claims imply that the product is meant for enhancement of sexual pleasure, which is in Breach of the law as it violated The Drugs & Magic Remedies Act. The advertisement contravened Chapters I.1, I.4 and III.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY: "Hindustan Unilever Ltd"
PRODUCT:"Comfort Fabric Conditioner"

COMPLAINT:

“1. Try comfort fabric conditioner for unbeatable shine and fragrance. 2. Detergents alone are not enough. Use comfort after every detergent wash. 3. Without comfort clothes look dull & lifeless. 4. With comfort clothes get shine & fragrance. 5. Even if you use the best detergents, the fibres in your clothes get tangled. So your clothes look dull and lifeless in just a few washes. 6. Comfort untangles the cloth fibres and protects them from the damage caused by detergents. It gives your clothes new-like shine, long lasting fragrance and visible softness. 7. Disclaimer: Maintains the new like shine of clothes, even after repeated washing. 8. Fragrance perceived on dry cloth upto 14 days after rinsing in comfort.”

NATURE OF COMPLAINT:

Our objections: 1. Claims 1 to 8 need to be substantiated with independent reports 2. How does it claim “Without comfort clothes look dull & lifeless”? 3. How does it claim “With comfort clothes get shine & fragrance”? 4. Reference to claims 1 to 8. The advertiser needs to give details of the effectiveness, performance results of the claims made in the advt. Are tests based on which claims are made financially independent of the company? 5. Are the tests protocols certified by an independent agency? According to us, the advertisement contravenes Chapter 1.1 and 1.4 of ASCI code Action to be taken: We propose that the advertisement should be immediately withdrawn.

Recommendation: NOT UPHELD

"The ASCI had approached the advertiser for their response in addressing the grievances of the complainant and forwarded the details of the complaint, verbatim, to the advertiser with a request to respond to the same. The Advertiser submitted their written response and subsequently availed the opportunity for Personal Hearing with the ASCI Secretariat. The advertiser had stated in their response that Comfort is a market leader in excess of 95% share in the laundry additive category of fabric conditioner/softener and is synonymous with the category. Comfort Fabric Conditioner is composed of cationic actives which not only aligns the fibres but also lubricates it to provide a smooth and even surface to damaged fibres arising out of wear and tear, including detergent laundry process. Comfort, like any other well formulated fabric conditioner, delivers similar benefits of softness, shine and fragrance. Advertiser conducted study on the effects of washing with detergents, including the benefit of an after wash with Comfort. They have conducted study on the new formulation of the product containing Fragrance encapsulates shows the release of fragrance on rubbing action resulting in higher perception of fragrance.As claim support data, the advertiser provided extracts of scientific literature on fabric conditioners/softeners, study conducted on the effects of washing with detergents including the benefit of an after wash with Comfort, study conducted regarding fragrance longevity, a consumer testing study conducted on product’s superiority on colour retention.The claim support data was reviewed by the technical expert of ASCI. The CCC viewed the print advertisement and considered the Advertiser’s response as well as opinion of Technical expert presented at the meeting. The CCC observed that - Claim, “Try comfort fabric conditioner for unbeatable shine and fragrance”, . The CCC noted that the Advertiser is a market leader and virtually own this space. The claim is a top parity claim and in absence of any competitor data contrary to the claim, the claim is not objectionable.Claim, “Detergents alone are not enough. Use comfort after every detergent wash” - Why detergents are not enough has been explained based on data on the general use and functioning of fabric conditioners and the tests reported show less damage to fabric in presence of the conditioner with multiple uses. This claim was substantiated.Claim, “Without comfort clothes look dull and lifeless” “Even if you use the best detergents, the fibres in your clothes get tangled. So your clothes look dull and lifeless in just a few washes”, “Comfort untangles the cloth fibres and protects them from the damage caused by detergents” – These claims are generally consistent with how conditioners work and that conditioners prevent damage, tangling etc. and how better colour care happens with it. These claims were substantiated.Claims, “With comfort clothes get shine & fragrance” and “It gives your clothes new-like shine, long lasting fragrance and visible softness”, “Disclaimer: Maintains the new like shine of clothes, even after repeated washing” The CCC noted that better fabric and colour care happens when fabric conditioner is used. The advertiser has also substantiated fragrance longevity. The CCC did not consider these claims to be objectionable.Claim, “Fragrance perceived on dry cloth up to 14 days after rinsing in comfort” –This claim was substantiated based on the test report submitted by the advertiser.These complaints were NOT UPHELD."

 

COMPANY: "SBI Funds Management Pvt. Ltd-"
PRODUCT:"SBI Mutual Fund"

COMPLAINT:

“ With the subject mentioned above, I would like to draw your attention. I observe during my visit to different bank branches of SBI, Bhavnagar, specially InTouch Branch (hill drive), Kaliyabid Branch, Waghawadi Branch, the Banner printed in Gujarati Language advertising: 1. SBI Mutual Fund (dual advantage fund closing on 24-7-2017), 2. SBI Mutual Fund (dual advantage fund closing on 25-9-2017) (Images of Both Banners/Posters are attached herewith) (placed in the above branches in which I found the ABSENCE OF STANDARD WARNING i.e. (Mutual Fund investments are subject to market risks, read all scheme related documents carefully). As there is no Warning placed in the banner, investors may be misled by such advertisement. Such ABSENCE is as per my knowledge is breach of law i.e. 6th Schedule of SEBI (MF) (Amendment 2012 w.e.f. 21-2-2012) Regulation, 1996. SBI Mutual Fund (Bhavnagar) is misleading by their posters and are breaching the law Time & Again”

NATURE OF COMPLAINT:

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the grievances of the complainant and forwarded the details of the complaint, verbatim, to the advertiser with a request to respond to the same. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the Ad – posters and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that the claims (in Gujarati) as translated in English, “SBI Mutual Fund (dual advantage fund closing on 24-7-2017)” and “SBI Mutual Fund (dual advantage fund closing on 25-9-2017)”, were misleading by omission of disclaimer to mention the standard warning as per the 6th Schedule of SEBI (MF) (Amendment 2012 w.e.f. 21-2-2012) Regulation, 1996. The Ad – posters contravened Chapters I.4 and III.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY: "Sethi Enterprises"
PRODUCT:"Family Bread"

COMPLAINT:

"100% wheat flour (zero maida)"

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objection raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the print advertisement and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that the claim, “100% wheat flour (zero maida)”, was not substantiated with supporting data showing presence of 100% wheat flour and absence of maida, and are misleading. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY: "Mdj Nutriments Pvt Ltd"
PRODUCT:"Cassia Herbal Koffi"

COMPLAINT:

"1. 100% organic. 2. Cassia has benefits like anti-diabetic, improves blur vision, control's the blood pressure, cures kidney and intestine problems, nerve tonic, weight loss, cures dandruff and fever, maintain cholesterol level, liver stimulant, blood purifier, helpful during constipation, cough, bronchitis, cardiac disorder and leprosy."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The ASCI approached the advertiser for their response in addressing the objections raised in the complaint. The Advertiser was offered an opportunity for Personal Hearing with the ASCI Secretariat. The advertiser had, however, not responded to ASCI’s request. The CCC noted that no response was received from the advertiser prior to the prescribed due date for this complaint. The CCC viewed the print advertisement and upon careful consideration of the complaint, and in the absence of any comments or response from the advertiser, the CCC concluded that the claim, “100% organic”, was not substantiated with supporting data, and is misleading.Claims, “Cassia has benefits like anti-diabetic, improves blur vision, control's the blood pressure, cures kidney and intestine problems, nerve tonic, weight loss, cures dandruff and fever, maintain cholesterol level, liver stimulant, blood purifier, helpful during constipation, cough, bronchitis, cardiac disorder and leprosy”, were not substantiated with supporting clinical evidence of product efficacy, and are misleading by exaggeration. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code. The complaint was UPHELD."

 

COMPANY: "Soliel International Healthcare Products"
PRODUCT:"BT-36 Body Toner Capsules and Cream"

COMPLAINT:

“ Ayurvedic Medicine Body Toner Capsule and Cream Beautiful thought Abundant Self-confidence No side-effect see packing and buy For better results, have 3 capsules every day and massage twice a day with cream for 60 Days. Disclaimer-Advt. is an information for R.M.P. only result may varie (vary). Are the two products- BT-36 capsule and cream to be taken together or either one can be used? If both have to be taken for the desired results then it compels the consumer to buy both products. This is an omission in the advt. Does it tone the entire body? How does the product claim – “beautiful thought?? It is Grossly misleading.. How does the product help in getting abundant self confidence, as toned body and self-confidence are independent. Please substantiate the claim -“no side-effect? with the clinical evidence of its effect. What is to be checked in the Packing, is not mentioned. Disclaimer states “Advt. is an information for R.M.P. only result may varie (vary)?. If the advt. is only meant to R.M.P. then this advt. should not be in public domain.”.

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The product name and visual in the Ad read in conjunction with the claims in the advertisement implies that the product is meant for breast enhancement Form and structure of the female bust (Item No. 21- DMR Act)"

 

COMPANY: "HEINZ INDIA P. LIMITED"
PRODUCT:" Complan "

COMPLAINT:

“ Fast Track complaint received against the TV Commercial (appeared on Zee TV(*), Sony(*), Star Plus(*) on 19th August 2017) and Product Packaging of “Heinz India P. Ltd. – Complan”, from GlaxoSmithKline Consumer Healthcare Ltd. COMPLAINT 1 - The TVC makes the claim "Naye best ever Complan ke ek cup me hain India ke do leading health drinks se bhi zyada growth protein" The said claim is accompanied by the visual of: Complan = Brand X + Brand Y. Taking from the voice over and visual representation of the claim, our interpretation of the same is: "Complan has more growth protein than the two leading Health drinks combined". Basis the qualifier provided for leading Health Drinks it can be safely assumed that out of the two Brands compared against one is the Complainant's product Horlicks which is the market leader in the category of Health Food Drinks. a) The claim talks about "growth protein". There is no such scientific classification of Protein known as "growth protein" or one even based based on any specific function and definitely none commonly known to or understood by an average consumer. The comparison is said to have been made basis pack declarations. The nutrient declarations on the pack of neither the Advertiser or the Complainant's product referred to, provide any value for any nutrient called "growth protien". Hence the claim is dishonest and designed with intent to mislead the consumer. b) The said claim attempts to directly link growth with the amount of protein. The claim connotes more protein thus more growth to the consumer. Whereas, this is an ingredient value comparison only, it has been exaggerated by attaching a benefit such as growth with it. There is no reference to any comparitive data which ascertains a causal effect of more growth with more protein. The advertisement deliberately ignores and suppresses the several complex factors affecting growth particularly in children including genetic potential, good nutrition, physical training and other environmental circumstances. The over simplification of the complex phenomenon of growth' by linking it merely. to one nutrient is clearly inaccurate and misleading. c) The subject matter of the comparison is chosen in such a manner as to create a false impression in the mind of the consumer that a better product is being offered than the competition by virtue of the quantity comparison of merely one nutrient. It further tries to undermine the product of the Complainant in the public perception. The suggestion of growth through Protein to the exclusion of all other important factors is not only simplistic but also false. A nutrient comparison per recommended daily serve of Horlicks and Complan would show that Horlicks delivers more Vitamin A, Vitamin D, Vitamins B1 & B2, Niacin, Vitamins B6 & B12, Folic Acid, Biotin, Vitamin C, Iron, Iodine and Selenium. The products' provide other nutritional benefits too but the Advertiser has resorted to cherry picking and highlighting only one nutrient to suit its purpose thereby creating a false impression in the mind of the consumer that a better or superior product is being offered in comparison to the Competition. d) Further the Advertiser uses the term "Best ever" for its product which combined with the visuals and the comparative claim create a misleading impression in the minds of the average consumer that the product being offered is the best. COMPLAINT 2- The Advertiser has further recently launched a new product pack of its product Complan, pictures of which are annexed as Annexure 2, and has made certain product claims therein with respect to which we would like to highlight our concerns as follows: Claim – Clinically proven for 2X faster growth a) The study mentioned to support the same indicates the increment in height, weight and BMI in the supplemented group versus the control over a period of 12 months. However, there is no data published in the study to indicate the "velocity" of growth of children that can accurately represents the 'faster' claim. "2X faster growth" by implication would mean enhancing the speed of growth of an individual that is better relfected by longitudinal progression of body weight and height Such longitudinal datapoints are not available from the study to clearly state the same. Therefore the claim misleads the consumer into believeing that the rate of growth of any child could be altered (made double of existing) with the consumption of the product. The above also creates an impression in the mind of the consumer that the child who is following a normal growth trajectory will follow a "faster growth" pattern with such consumption. In context of the study, the claim implies achievement of potential (height and weight) within half the duration of childhood which is grossly misleading and scientifically untenable. Further there was no post supplementation follow up of children. Measuring the height and weight of children at any single given point does not imply a cause and effect relationship with the velocity at which they are growing. Claim - Provide 2X height a) The claim has been worded to mislead the consumers into believing that consumption of the product will provide 2X of existing height. The claim also gives a perception that the effect of consumption during childhood would provide the benefit of 2X height which could be achieved during one's lifetime. However there is no scientific substantiation of the same. The referenced study only indicates that the increment/ increase in height was double than control which does not substantiate' the claim of the product providing 2X height. Claim - Help keep common infections away a) The children included in the referenced study were nutritionally deficient and suffering with varied degrees of anemia (as per WHO standard of measurement of anemia). To quote verbatim from the study, "initially various clinical signs of deficiency were seen among all the three groups". Therefore, the results of this study cannot be extrapolated to a different population set i.e. healthy children which is presumably the target group for the sale of the product in absence of any other target group specified by the Advertiser. It is further submitted that the said claim is misleading for the reason that there is a mismatch between the study population and the population to whom this product is intended for. b) The data available from the study is on shift from 'grade III illness' to 'grade II and/ or I'. The study mentions a significant improvement in the morbidity status of children in the supplemented group without any statistical analysis to verify the data. Additionally, the evaluation tool used for the same is arbitrary and unvalidated.” ”

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The Complainant as well as the Advertiser representatives were given the opportunity for personal hearing with the Technical expert and the ASCI Secretary General. Data submitted by the complainant and the advertiser was reviewed by the technical expert. The FTCP reviewed the TVC, pack claims and noted the Advertiser’s written response. The details of the complaint and the rationale for claim support was taken into consideration. The FTCP concluded as follows – The advertiser during their personal hearing stated that the Clinical study of year 2008 has been quoted since the formula has been re-launched in new packaging. The product being advertised was launched in year 2003-04 and was marketed till year 2012. A different formula lower in protein and fat content was launched and marketed during 2012 till date. In view of the above, the FTCP concluded that the claim “new” was false and misleading. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code as well as ASCI Guidelines on “New” claim. This complaint was UPHELD. While the claim “Best ever Complan” was not considered to be objectionable, the FTCP considered the claim “Best ever formula Complan” to be misleading by implication that it is best as compared to other product formulae in the market (referred as X and Y). The TVC makes the claim "Naye best ever Complan ke ek cup me hain India ke do leading health drinks se bhi zyada growth protein". The said claim is accompanied by the visual of: Complan = Brand X + Brand Y. Calling protein as “growth protein” while making comparison with product X and Y was considered to be misleading by implication when seen in conjunction with the 2X growth claim. The FTCP noted that the study being quoted by the advertiser is acceptable for the claim of “2X height increase” growth for the population being referred to in the disclaimer “Other kids who consume usual diet alone Vs Complan kids who consume usual diet plus Complan”. However the quoted study becomes irrelevant with respect to comparison with products X and Y and is misleading by ambiguity and implication, particularly so since the claim of 2X growth also appears in pack visuals in TVC. Furthermore, the increase being depicted in the pack visuals is an absolute height of 2X whereas the clinical study is about 2X increase (incremental growth). This is misleading by exaggeration. The FTCP also found that the depiction of this comparison on back of pack to be misleading by ambiguity and omission of the reference that “Other kids” being referred are kids who consume usual diet alone (and not users of product X and Y). The disclaimer is not on the same panel of the packaging as the claim made. The advertisement and the product packaging contravened Chapters I.1 and I.4 of the ASCI Code as well as ASCI Guidelines on “New” claim and Guidelines on Disclaimers. This complaint was UPHELD. The FTCP did not consider the claim “Help keep common infections away” to be objectionable. This complaint was NOT UPHELD. "

 

COMPANY: "Dindayal Aushadhi Pvt Ltd"
PRODUCT:"303 Gold Power Oil"

COMPLAINT:

" 1. For Men Only 2. The visual on the product packaging read in conjunction with the claim objected to implies that the product is meant for sexual enhancement."

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"The maintenance or improvement of the capacity of human beings for sexual pleasure Section 3(b)- DMR Schedule Sexual Impotence Item no. 45- DMR Schedule"

 

COMPANY: "Sun Pharmaceutical Industries Ltd "
PRODUCT:

COMPLAINT:

" 1. The No. 1 choice of dermatologists. 2. Claims to have 50+ SPF with up to 8 hrs of protection 3. Chemical agent free. "

NATURE OF COMPLAINT:

 

Recommendation: UPHELD

"1. Department of Consumer Affairs (DoCA) requested the Advertising Standards Council of India (ASCI) to evaluate the advertiser's TVC through the Consumer Complaints Council (CCC) to determine if the TVC violates any of the Advertising Code of ASCI. 2. The advertiser's response was sought to the following objections: i. The No.1 choice of dermatologists ii. Claims to have 50+ SPF (Sun Protection Factor) iii. Chemical agent free 3. The advertiser submitted its reply dated 11th July 2017 submitting that the contents of the TVC are based on scientific and medical support and are not at all misleading. It was submitted that the claim of "No.1 choice of dermatologists" was supported by the number of prescriptions by dermatologists of Suncros from 2.27 lakhs (March 2014) to 3.97 lakhs (March 2017). In terms of the percentage, the share of Suncros prescriptions grew from 12.4% to 15.58%. It was also contended that in terms of market share Suncros is also No.1 choice of doctors. Reliance was placed on IMS medical audit report for the relevant years. 4. As regards the objection that the product is not of 50+ SPF, the advertiser relied upon the report of The KET's Scientific Research Centre, Cosmetology Division, Mumbai showing that the SPF of the advertiser's product in question is between 57 and 59 with average value of 58.54. In support of the contention that the advertiser's product has upto 8 hours of protection, the advertiser relied upon the report of The Topical Lab and Nova Surface Care-Centre Pvt Ltd, R&D Centre, Vikhroli (W), Mumbai. 5. As regards the third complaint, the advertiser submitted that sunscreens are divided into two categories, viz. chemical absorbers and physical blockers on the basis of their mechanism of action. The physical blockers are non-chemical sunscreens containing inert minerals such as titanium dioxide or zinc oxide which reflect or scatter UVR. To further clarify this aspect and prove that the product belongs to the category of physical blockers and not that of chemical absorbers, the advertiser referred to review article from Department of Dermatology, PSG Hospitals, Coimbatore. 6. After considering the above response, the CCC observed that Annexure 1 provided by the advertiser shows two Suncros brands, Suncros and Suncros Soft. The product shown in the TVC was Suncros Soft as per pack visuals and reference to SPF 50+ claim, though not mentioned as such in the TVC voice over. The CCC noted that while Suncros (that has SPF 26) has high dermatologists' prescriptions, that is not the case for Suncros Soft. The CCC concluded that the claim, "No. 1 choice of dermatologists" in the TVC, for Suncros Soft, was false and misleading by ambiguity and implication. The product package lists a lot of chemicals that constitute Suncros Soft. The claim, "Chemical Agent Free" was, therefore, concluded to be misleading by ambiguity and omission of reference to sun block action being due to physical block. 7. The CCC therefore concluded that the TVC contravened Chapters 1.1 and 1.4 of the ASCI Code. The complaint was accordingly upheld. The CCC further noted that the data in Annexure 2 holds up the claim of "SPF 50" and Annexure 3 holds up the claim for "8 hours protection" for Suncros Soft. The complaint against the claims, "SPF 50+" and "Upto 8 hrs protection", was Not Upheld. 8. Aggrieved by the above recommendations Upholding 2 out of the 3 complaints, the advertiser has filed this review application dated 315t August 2017. At the hearing of this review application Mr. Neeraj Joshi - Vice President (Marketing & Sales) of the advertiser relied upon the same IMS medical audit MAT March 2014 and March 2017 and submitted that the growth in actual prescriptions by dermatologist as well as market share would show that Suncros is the No.1 choice in this class of doctors (dermatologists). 9. It is necessary to note that the product shown in the TVC in question is Suncros Soft (with SPF 50+ mentioned on the packaging as well as in the TVC), which was launched about 2 years back and, therefore, the statistics in the IMS Medical Audit report for the period March 2012 to 2017 would not apply to the product Suncros Soft shown in the TVC. It is necessary to note at this stage that the other product of the advertiser (Suncros) has SPF of only 26 and falls in the category of chemical absorbers and, therefore, the figures of the number of prescriptions and the sale value for Suncros with SPF of 26 cannot cover the product Suncros Soft, which is stated to be a physical blocker. 10. The advertiser has not shown separate number of prescriptions by doctors for product Suncros Soft displayed in the TVC. It is therefore not possible to accept the advertiser's claim that it is No.1 Dermatologist Recommended. 11. The representatives of the advertiser did try to submit that in the category of physical blockers in SPF 50, Suncros Soft is No.1 and that the sales figures justify the said claim. 12. In the first place, the sales figures cannot be taken as No.1 choice of Dermatologists, because this product is also available as an over the counter (OTC) product. Secondly, the statement containing turnover figures of Rs. 8.55 crores (2015-16) and Rs. 10.10 crores (201617) were shown at the review hearing, but no comparative data with the said product in the market was placed before the IRP and, therefore, also it is not possible to accept the contention that the product Suncros Soft is No.1 Dermatologist Recommended. 13. As regards the finding of the CCC that the claim of "Chemical Agent Free" was not borne out as the product packaging lists a lot of chemicals that constitute Suncros Soft and, therefore, the claim, "Chemical Agent Free" was misleading by ambiguity and omission of reference to sun block action being due to physical block, the advertiser's representatives relied upon the above classification of Sun Screens into chemical absorbers and physical blockers and submitted that since Suncros Soft is a physical blocker, which scatters UV Rays, the skin does not absorb chemicals and the ingredients have only zinc oxide as the active agent and others are excipients which do not play any active role. As regards zinc oxide, it was submitted, it cannot be considered as a chemical agent, because zinc oxide or titanium oxide are inert minerals which reflect or scatter UV Rays. The role of excipients is to determine whether the chemical can be classified as lotion, gel or cream. Reliance was placed upon the article "Update of Photoprotection" of Department of Dermatology, PSG Hospital, Coimbatore wherein it is stated that zinc oxide is a safe and effective ingredient in photoprotective products. It is photostable, nonphotoreactive and nonphotocatalytic. It has little potential for irritation or sensitization. 14. In view of the above material relied upon by the advertiser, the advertiser's claim that Suncros Soft is "chemical agent free" would be acceptable if there is a proper disclaimer indicating that it is not a chemical absorber or having chemical sunscreen agents. 15. In the TVC the claim, "Chemical agent free" is further conveyed by disclaimer "Free from chemical sunscreen agents". While this disclaimer is quite apparent on the TV screen and acceptable, on the packaging of Suncros Soft, the words "chemical agent free" are prominently shown on the front of pack but disclaimer "Free from chemical sunscreen agents" are printed on side panel of pack in very small fonts, which can hardly be noticed. In this connection it is necessary to refer to Clause 4 (III) of ASCI Guidelines for Disclaimers made in supporting, limiting or explaining claims made in advertisements which reads as under: "Placement position of disclaimers of a claim on packaging should be in a prominent and visible space and could be ideally on the same panel of the packaging as the claim made." 16. The advertiser's representatives agreed to make the necessary disclaimer on the front of the pack prominently, where the words "chemical agent free" are used. 17. At the review hearing, the attention of the advertiser representatives was invited to the fact that since the advertiser has two products with similar names- i) Suncros with SPF of 26, which is a chemical absorber, and ii) Suncros Soft which is a physical blocker with SPF 50+ but , the TVC shows a pack of Suncros Soft and claim of SPF 50+, but the voice over in the TVC only says - 'Suncros'. Now the voice over in TVC is likely to mislead the viewers that `Suncros' also has SPF 50+ and is also free from chemical agent. The advertiser's representatives agreed to remove this ambiguity. 18. In view of the above discussion, the review application is dismissed in so far as the complaint against the advertiser's claim of "No.1 Dermatologist Recommended" is upheld, and the said claim is not acceptable. Subject to removal of the ambiguity indicated in para 17 above, the review application is partly allowed in respect of the advertiser's claim of "Chemical agent free" with the disclaimer "Free from chemical sunscreen agents" in the TVC only. "

 

COMPANY: "Apollo Tyres Ltd"
PRODUCT:

COMPLAINT:

"This is a commercial where a father is riding two wheeler with child as a pillion rider and he takes off both his legs off from the scooter as if having fun, putting his and child's life in danger. What if a vehicle or something comes in front. This is unsafe riding and should be taken off. It actually promotes unsafe practice. It was shown on star gold, time around 4:50 pm on 13th July 2017"

NATURE OF COMPLAINT:

Recommendation: NOT UPHELD

"1. The Review Application dated October 10, 2017 is filed by Apollo Tyres Ltd. (the advertiser) against Consumer Complaints Council (CCC) Recommendation dated September 27, 2017 upholding the complaint filed by Mr. Ullhas PR (complainant) against the Television Commercial (the TVC) of Apollo Tyres (the product) which appeared on Star Gold on July 13, 2017. 2. The complainant filed the complaint dated July 13, 2017 with the Advertising Standard Council of India (ASCI) against the TVC of the advertiser showing a father who is riding a two wheeler with a child as a pillion rider. The complainant raised the following objection: "This is a commercial where a father is riding two wheeler with child as a pillion rider and he takes off both his legs (off) from the scooter as his having fun, putting his and child's life in danger. What if a vehicle or something comes in front. This is unsafe riding and should be taken off. It actually promotes unsafe practice." 3. By an email dated July 31, 2017, ASCI sought response from the advertiser to the specific objection raised by the complainant. 4. By a letter dated August 7, 2017, the advertiser filed a reply to the objection raised by the complainant. The advertiser submitted that the two wheeler in the TVC like most other all two wheelers in today's time are gearless and have braking controls in hand of the rider, unlike the traditional geared scooters. Thus, raising the feet, especially after slowing down the vehicle, does not compromise the safety of the riders and/or the control on the vehicle as the feet have no role to play. The advertiser further submitted that necessary care has been taken to promote good and safe driving practices by way of showing the riders wearing helmets and the daughter holding on to her father during the ride. 5. CCC in its recommendation dated September 27, 2017 observed that the visual showing the father on a two wheeler with his daughter sitting on the pillion, lifting his legs far above the ground when they pass through the puddle, the voice over describing this to be "boat ride", shows a dangerous practice, manifests a disregard for safety and encourages negligence. The CCC concluded that these visuals in the TVC contravened Chapter 111.3 of the ASCI Code. The complaint was accordingly upheld. 6. Aggrieved by the CCC Recommendation, the advertiser filed the IRP review application dated October 10, 2017 on the following grounds: (i) That the TVC does not contravene Chapter 111.3 of the ASCI Code which states that the advertisement shall not, without justifiable reason, show or refer to dangerous practices or manifest a disregard for safety or encourage negligence. (ii) That the TVC does not show any life threatening, unsafe, reckless driving nor does it portray any careless, irresponsible behaviour on the part of the driver. On the contrary, the TVC is light hearted, sensitive and fun loving, adhering to safe driving practices, highlighted as both riders wearing helmets, with pillion rider holding on to the driver while navigating turns, no sudden acceleration or braking of the vehicle and no reckless, thrill seeking or stunt inspired driving. That all scooters being sold in India today, including the one shown in the TVC are gearless and having braking controls in the hands of the driver, unlike geared scooters used in the past. Thus, raising feet, especially after slowing down the vehicle, does not compromise the safety of the riders or control of the vehicle, and therefore, the TVC does not propagate any element of unsafe riding. 7. At the hearing held on October 27, 2017, no one was present for either the advertiser or the complainant. Having looked into the complaint, reply submitted by the advertiser, CCC Recommendation, grounds urged by the advertiser in the review application dated October 10, 2017 and after a thorough consideration of the TVC, I am of the opinion that the TVC does not propagate any dangerous practice nor does it manifest a disregard for safety of the riders nor does it encourage negligence. The purpose of the TVC is to show the qualities of the product, in this case, the tyres. The visual showing the two wheeler going over the speed breaker and the two wheeler maintaining balance while going through a puddle, even when the driver lifts off both his feet. Continuously show the quality in regard to the grip of the tyres of the advertiser. In such instances, more specifically in the television advertisement it is important to understand that the idea behind a particular visual is to promote the product by depicting the qualities of the product. Only when claims of the advertiser are false or misleading or in case the visuals of the TVC promote unsafe/harmful practices, such visuals would demand intervention. 8. It is also pertinent to note that lifting oft feet in case of riding a two wheeler while crossing a puddle is an instantaneous reaction of a person in order to avoid the water splash on the clothes and the body of the rider. In this particular TVC, the lifting off feet is shown as a such instantaneous reaction in slow motion. In the TVC it is also seen that while going through a puddle, the speed of the vehicle is slow and that the vehicle is not fizzing through the puddle, giving the rider greater control over the vehicle. The voice over referring to the experience as a boat ride is to be taken as a light hearted fun loving expression. In view of the above discussion, the review application is allowed and the complaint is dismissed."

 
 

 

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