Suo Moto action against 148 advertisements
Healthcare: 82, Education: 75, Personal Care: 11, F&B: 8, Others: 24
Mumbai: ASCI’s Consumer Complaints Council (CCC) upheld complaints against 200 advertisements. A total of 319 cases were brought to ASCI’s notice and Suo Moto action was taken against 148 advertisements, and the rest being complaints through direct sources. Out of 200 advertisements against which complaints were upheld, 82 belonged to healthcare, 75 to education, 11 to personal care, eight to the food & beverages category and 24 other categories.
Gross exaggeration of product efficacy was the number one reason for upholding complaints, followed by violation of the Drugs and Magic Remedies Act(DMR Act) and the Drugs and Cosmetics Rules (D&C Rules). The other reasons were failure to provide substantial facts and figures to support claims, and providing misleading and ambiguous information.
Among the various complaints, CCC observed that a prominent FMCG drug company was providing inadequate and misleading information on its products while promoting pimple free skin in their campaign. Similarly, an MNC had magnified information regarding the services provided to the public and its association with an international sports event.Both the claims were not substantiated with supporting data and were found to be inaccurate. Furthermore, claims by an online car rental service brand providing discounts and offers on its services were found to be misleading by omission of validity of the promotion period.
“Complaints against brands various sectors have been upheld for not abiding by the codes of self-regulation put forth by ASCI. ASCI ensures protection to consumers against brands providing false and misleading information in their advertisements, and promotes honest messaging to protect the consumers’ interest. ASCI endeavours to provide transparency to both, the brands and consumers alike.”said Ms. Abanti Sankaranarayanan, Chairman, ASCI.
HEALTHCARE:- Total of 82 ads complained against
Direct Complaint (13 ads complained against)
Suo Moto Complaint (69 ads complained against)
PERSONAL CARE:- Total of 11 ads complained against
Direct Complaint (10 ads complained against)
Suo Moto Complaint (One ad complained against)
EDUCATION:- Total of 75 ads complained against
Direct Complaint (Seven ads complained against)
Suo Moto Complaint (68 ads complained against)
FOOD AND BEVERAGES:- Total of eight ads complained against
Direct Complaint (Three ads complained against)
Suo Moto Complaint (Five ads complained against)
OTHERS:- Total of 24 ads complained against
Direct Complaint (19 ads complained against)
DIRECT COMPLAINTS
ASCI processed complaints against the following advertisements the general public, industry as well as the Department of Consumer Affairs’ Grievances against Misleading Advertisements (GAMA) Portal. Out of 100 advertisements, complaints against 52 advertisements were upheld.Of these 13 advertisements against Healthcare, 10 belonged to the Personal Care category,7 belonged to the Education category, 3 belonged to Food & Beverage category and 19 belonged to other categories.
HEALTHCARE:-
The CCC found the following claims of 13 advertisements in healthcare products or services to be either misleading or false or not adequately / scientifically substantiated and hence violating ASCI’s Code. Some of the health care products or services advertisements also contravened provisions of the Drugs & Magic Remedies Act (DMR Act), Drugs and Cosmetics Rules (D&C Rules) and Chapter I.1 and III.4 of the ASCI Code. Complaints against the following advertisements were UPHELD.
Meck Pharmaceuticals and Chemicals Pvt. Ltd. (GlucomeckAyurvedic): The advertisement’s claims (in Gujarati) as translated into 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.
Divisa Herbal Care (Dr. Ortho Oil): The advertisement’s claims (in Gujarati) as translated into English, “So effective that now pain will also bend its knees”, “Dr. Ortho Ayurvedic Oil is made of 8 excellent Ayurvedic oils, which enters the joints and helps in getting relief 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. Also 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.
JeewanJyoti Pharmacy Pvt. Ltd. (HealthSunAyurvedic Capsules): The advertisement’sclaims, “Makes health healthy”, “Increases self-confidence”, “Ayurvedic Capsules”, “Increase body weight not fat”, “Increases hunger, increases weight”, and “Health tonic for whole family”, were not substantiated with evidence of product efficacy. The claim, “Since 25 years”, was not substantiated with supporting evidence or with third party validation. The claims are misleading by exaggeration.
Mission Health: The advertisement’s claims, “Now to get slim is no more a dream”, “Yes, it is possible with our 4-D Slimming Clinic”, and “Lose five to seven kilograms, ten to 15centimetres in just one 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.
Dr. AvishkarHomeopathy: The advertisement’s claim, “#Stroke is curable with homeopathy” was considered to be,prima facie, in violation of the DMRAct.
Dr. Raghubir Singh: The advertisement’s claim, “100% cure of Asthma” was considered to be, prima facie, in violation of the D&C Act.
Freshiya Health Centre: The advertisement’s claims (in Gujarati) as translated into English, “Lose weight”, “Ayurvedic method”, and “Lose seven to ten kilograms and five to seven inches hip and stomach in 28 days”, were not substantiated with supporting clinical evidence and with treatment efficacy data, and are misleading by exaggeration.
Zee Laboratories Limited (Zee Gold Capsules): The advertisement’s 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 third party validation. Further the 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. Hence, the claims are misleading by exaggeration. The advertiser did not provide a copy of the particular award/certificate as claimed in the advertisement. Also 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.
SBS Biotech (Accumass): The advertisement’s claim, “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 the presence of these ingredients in the product, and are misleading. Further the 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 Accumass, results may vary”, “Don’t get upset if you are extremely thin, AccumassAyurvedicgranules 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. Also, the 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 a 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.Moreover, the credibility and authenticity and name of the certifying body was not provided by the advertiser. The claim is misleading by exaggeration.
Lifespan Wellness Pvt. Ltd. (Lifespan Diabetes Clinics): The advertisement’s claim, “ Insulin to No Insulin – the life story of PalasPanja”, was not substantiated with supporting clinical evidence. The claims made are based on the case study of PalasPanja, implying cure for diabetes which are misleading by gross exaggeration and exploits consumers’ lack of experience and knowledge. Also the claim on the advertisement headline, “ 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 violatedthe DMR Act and the D&C Act.
Juvenor Pharmaceuticals (Muslinites Gold Capsules): The advertisement’s claim, “The product is helpful in increasing your power and excitement which will fill your life with happiness,” was considered to be, prima facie, in violation of the DMR Act. Further the visual in the advertisement read in conjunction with the claims objected to imply that the product is meant forenhancement of sexual pleasure.
Sai Clinic: The advertisement’s claim, “Cures obesity without diet or medicine” was considered to be, prima facie, in violation of the DMR Act.
Soliel International Healthcare Products (BT-36 Body Toner Capsules and Cream): The advertisement’s claims, “It is an Ayurvedic medicine which includes body toner capsule and cream which helps in beautiful thoughts and abundant self-confidence with no side-effect” with recommendation to have three capsules every day and massage twice a day with cream for 60 days, along with a disclaimer stating “Advt. is an information for R.M.P. only result may vary”, and also the product name and visual in the advertisement read in conjunction with the claims in the advertisement imply that the product is meant for breast enhancement, was all considered to be prima facie in violation of the DMR Act.
PERSONAL CARE:-
Hindustan Unilever Limited (Lever Ayush Soap):The advertisement’s claims, “Based on 5000 year old Ayurved scriptures with 15 Ayurvedic herbs – AyushHaldi soap, Saffron soap and cow’s ghee soap” (“5000 saalpuraaneAyurvedicgranthonpeadharit. 15 Ayurvedicjadibuttiyukt – Ayushhaldi soap, Kesar soap, aur cow’s ghee soap”) were inadequately substantiated and are misleading. Also the claims, “matlabsirfharipatiyandikhane se koi Ayurvedicnahi ban jaata, sahiAyurvedhaiLever Ayush”, and “Dikhawe se bacho. SahiAyurvedchuno”, by implication denigrated the entire class/category of Ayurvedic products. Furthermore, the advertiser did not submit any evidence that the celebrity is in agreement with the claims being made in the advertisementin general. The visual of the celebrity (Akshay Kumar) when seen in conjunction with the claims are likely to mislead consumers regarding the product efficacy and contravened ASCI’s Guidelines for Celebrities in Advertising.
Reckitt Benckiser (India) Pvt. Ltd. (Veet Wax Strips): The advertisement’s 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 Veetwax strips and sugar wax. The advertisementis misleading by omission of a disclaimer to qualify that the test is based on opinion survey of salon experts. Furthermore, 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 (Shraddja Kapoor) 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 and contravened ASCI’s Guidelines for Celebrities in Advertising.
Hamdard Laboratories (India) (Safi): The advertisement’s claims, “For pimple free skin 21 days formula” and “For pimple free skin”, were inadequately substantiated, and are misleading by exaggeration.
Brihans Natural Products Ltd. (Green Leaf pure aloe vera skin gel): The advertisement’s 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 “Ayurvedicskincare products” in the year 2016, reference to which was missing in the advertisement. Further the 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. Also the claims of effects in “Acne, sunburn, rash, skin eruption and allergies, cuts and wounds” were inadequately substantiated and are misleading.
The Himalaya Drug Company (Himalaya Purifying Neem Face Wash): The advertisement’s 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.
RICHFEEL Health & Beauty Pvt. Ltd.: The advertisement’s claim regarding efficacy being depicted via images of before and after the treatment is a misrepresentation of facts, and is misleading by gross exaggeration.
CavinKarePvt. Ltd. (Egg White Chik Shampoo): The advertisement’sclaim, “Eh damaged baloonko nourish karkehairfallkamkare”, was not substantiated and was misleading by exaggeration.
Pfizer Ltd. (Anne French All Natural Hair Removal Cream): The advertisement’s claim, “Anne French All Natural Apnao” is misleading by ambiguity and exaggeration as the product is a chemical depilatory and it’s “all natural” nomenclature / claim in the context of Aloe Vera present is only 1% level in the product. Further for the claim, “2x softer skin” the claim support data was not considered to be acceptable to substantiate a numerical claim regarding softness. The longevity of the effect was not substantiated and the disclaimer in the advertisement was misleading by ambiguity and implication.
Dabur India Ltd. (Dabur Laal Tel): The advertisement’s claim “Dugnitezi se sharirikvikas”, was substantiated, however, this claim was valid for babies upto six months of age. There was a discrepancy in the advertisement as it showed the baby getting up and walking towards the mother and thus indicating the age to be more than six months. 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 visual in the advertisement of an older baby when read in conjunction with the disclaimer claiming clinical research on babies up to six months of age, was misleading by ambiguity and implication. Also, the legibility of the disclaimers in the advertisement were not in compliance with the ASCI Guidelines for Disclaimers.
Nearbuy India Private Limited (Golden Feather Salon): The advertisementclaiming the Hair Wash + 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 about the actual discount being offered.
EDUCATION:-
The CCC found following claims in the advertisements by seven different advertisers were not substantiated and, thus, violated ASCI Guidelines for Advertising of Educational Institutions. Hence complaints against these advertisements were UPHELD.
Liza Handwriting and Calligraphy Course: The advertisement’sclaims (in Gujarati) as translated into English, “YunusBalluwala – the only expert in Ahmedabad”, “Only in fivedays”, and “100% Guarantee”, were not substantiated with supporting data, and are misleading by exaggeration.
ManavRachna Educational Institutions:For the advertisement’s claim, “FMS,MRIU received A+++rating in ‘Best B-school Survey2017’ by Business India”, the data provided by the Advertiser was for the year 2016 and not 2017. Hence this claim was false and misleading. Further for the claim, “1600+ placements in the last academic year”, the advertiser provided data for total 1366 placements. No data was given on the number of passing out students placed for jobs, year of passed-out students, and total number of students passed out the placed class. Hence this claim was inadequately substantiated and is misleading by omission of the disclaimers as required under the ASCI Guidelines for Advertising of Educational Institutions and Programs. For the claim, “17 are countries which MREI students arrive” the advertiser provided only the name of the country as proof. No data was given regarding the year, batch size, stream, and related details of the students. Hence this claim was inadequately substantiated and is misleading. Also, for the claim, “40+ global collaborations”the advertiser did not provide data on (“MoU” with global universities/ institutions) for global tie-ups by the college. No details of students that got placed and passed out every year were given. The claim was inadequately substantiated and is misleading. Furthermore, for the claim, “3300+ research papers in International/ National Journals” the advertiser provided only aggregated figures of 3067 research papers. No ISSN number or publication year is mentioned in the annexure provided by the advertiser. The claim was inadequately substantiated and is misleading. For the claim, “500+ reputed MNCs & Indian corporatespatronizing us”. The advertiser provided only a list of the companies. No supporting data was given to substantiate the given figure. The claim was inadequately substantiated and is misleading. Also the claim, “25000+ is our Alumni Base”, was not substantiated with supporting data and is misleading. Lastly for the claims, “Knowledge partners – HONDA, Ed Gate, and CMA” the advertiser did not provide MOUs of these Knowledge Partners with date of execution of the MOUs. The claim was not substantiated and is misleading.
Allen Career Institute: The advertisement’s 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. Also 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 the best results. This claim was misleading by implication and exaggeration.
AdiShankara Institute of Engineering and Technology: The advertisement’s claim, “Moulding competent & committed professionals for the past 17 years”, was not substantiated with supporting data, and is misleading by exaggeration. Also the 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. Furthermore the 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.
Chandigarh University: The advertisement’s claims, “CU sees a surge of 60% in number of companies”, “457 companies visited”, “4964 placement offers”, and “Top MNC’S offering premium packages!”, were not substantiated with verifiable supporting data, and are misleading by exaggeration. Also the 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. The claim, “26.97highest package offered”, was not substantiated with evidence to prove that students were offered the claimed salary package, and is misleading by exaggeration. Further the 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 and also the 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.
Thiagarajar College of Engineering: The advertisement’s claims, “60 years of Academic Excellence”, “Academic Process: Industry co-created curriculum (TVS Motors) 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 Telecom Solutions Pvt Ltd” an incubated company in TCE”, and “Innovation and Entrepreneurship Promotion Hub-EDII, Govt. of Tamil Nadu”, were not substantiated with supporting data, and are misleading by exaggeration. Further the 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.
Efficient Brainy:The advertisement’s claims, “Whole brain training and super sensory development program”, “Whole brain development program”, “DMRIT Smart Kit”, “DMIT (dermatoglyphics multiple intelligence test)”, “Develop concentration”, “Boost up memory”, “Increase creativity” and “Smart kid kit- Helps your child to be better than the best” were inadequately substantiated and are misleading by exaggeration. The 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. Also the 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.
FOOD AND BEVERAGES:-
Synthite Industries Ltd. (Kitchen Treasures Brahmin Sambar Powder): The advertisement’s 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. Also the 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 copies of the award certificates for the claim made.
Laxmi Protein Products Pvt. Ltd. (LaxmiToor Dal): The advertisement’s claim, “Gujarat’s No.1 DesiToor 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.
Godfrey Phillips India Ltd. (Pan Vilas Pan Masala): The advertisement’s claims, “India’s No.1 Brand”, “Awarded by World Consulting Research Corporation”, “Chosen as 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” and “Power Brand India Industry Trendsetter Award 2016 in Pan Masala Category.- Awarded by Planman Media”, were not adequately substantiated and are misleading by exaggeration.
OTHERS:-
Hindustan Petroleum Corp (HP Petroleum): The visual of “a rider and pillion rider on a two wheeler without helmet” as depicted in the advertisement shows violation of traffic rules and is an unsafe practice.
M/s. Lamode Fashions Pvt Ltd (LaMode): 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 showed standing while the vehicle is in motion shows a dangerous practice, manifests a disregard for safety and encourages negligence.
Uber India: The advertisement’s 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.
MRF Ltd. (Wood Coat): The advertisement’s claims (in Gujarati) as appearing in the English version of the advertisement, “Wood Coat, the most trusted premium wood finish for more than twenty years” and “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.
Indian Oil Corp Ltd (Servo Oil): The advertisement’s 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. Also the claim, “Selected super brand 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.
Ultra-Card Print World Pvt. Ltd. (Print World): The advertisement’s 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 Coca-Cola India Pvt. Ltd.: The advertisement’s claims, “131 years 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.
Usha International Ltd. (Usha Honeywell Evaporative Air Cooler): The advertisement’s claim, “Cools up to 80 square metres”, was inadequately substantiated under test conditions and is misleading by exaggeration.
Gujarat News Broadcasters Pvt. Ltd. (VTV News): The advertisement’s 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.
Sangeetha Mobiles Pvt Ltd: The advertisement does not call out that the amount stated of Rs 4333 is the EMI amount per month. The FAQ section of the website anticipates such confusion however; this is not addressed upfront in the advertisement. The “*” corresponds to “conditions apply” but does not direct consumer to the website for details. Hence the advertisement’s claim, “Rs.4,333* (*conditions apply)”, was misleading by ambiguity and omission.
D’DÉCOR (D clean): The advertisement’s 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.
Epson India Pvt. Ltd. (Epson Printers): Though the advertisement’s claims are qualified with disclaimers, thedisclaimers in the advertisement were not legible, and the hold duration of the disclaimers was not in compliance with the ASCI Guidelines for Disclaimers.
TCL India: The advertisement’s claim, “India’s fastest growing TV brand” was inadequately substantiated and is misleading by exaggeration.
Ibibo Group Pvt.Ltd. (Fab Hotels): The Ibibo website showing images of the hotel having gym bar, snooker pool, dining area restaurant 24×7, dining service and 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.
Nakshatra World Limited (Nakshatra.world): The advertisement’sclaim, “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.
Madura Fashion & Lifestyle (Linen Club): The advertisement 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 advertisementwithout justifiable reason, shows a dangerous practice and manifests a disregard for safety.
SBI Funds Management Pvt. Ltd. (SBI Mutual Fund): The advertisement’s claim, (in Gujarati) as translated into 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.
Heinz India P. Limited: The advertisement makes the claim, “Naye best ever Complankeek cup me hain India ke do leading health drinks se bhizyada growth protein”. The said claim is accompanied by the visual of: Complan = Brand X + Brand Y. The claim “new” was false and misleading as 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. Further, while the claim, “Best ever Complan” was not considered to be objectionable, it was considered that 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).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.It was 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.Also, 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.Hence the advertisement contravened the ASCI Code as well as ASCI Guidelines on “New” claim and Guidelines on Disclaimers.
Friend’s Electronics: The advertisement’s claim,”There is no 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.
SUO MOTO ACTION
The advertisements given below were picked up through ASCI’s Suo Moto surveillance of print and TV media via the National Advertisement Monitoring Services (NAMS) project. Out of 219advertisements, total of 148advertisements were considered to be misleading. Of these 69 advertisements were concerned Healthcare,68 belonged to the Education category, fivebelonged to the Food & Beverages category, onebelonged to Personal Care category and fivebelonged to ‘others’.
HEALTHCARE:-
The CCC found the following claims of 69advertisements in health care products or services to be either misleading or false or not adequately / scientifically substantiated and hence violating ASCI’s Code. Some of the health care products or services advertisements also contravened provisions of the Drugs & Magic Remedies Act (DMR Act), Drugs and Cosmetics Rules (D&C Rules) and Chapter I.1 and III.4 of the ASCI Code. Complaints against the following advertisements were UPHELD.
Perfect Point: The advertisement’s claim, “Lose up to seven centimetres in one session”, was not substantiated with supporting clinical evidence, and with treatment efficacy data, and is misleading by exaggeration. Also, the visual in the advertisement implies that a significant weight loss around tummy would be feasible, which is also grossly misleading.
Evaa Fertility and Gynaecology Centre: The advertisement’s claim, “High Success Rate”, was not substantiated with supporting verifiable data, and is misleading by ambiguity.
Bajoria Appliances Pvt. Ltd. (Kutchina Water Purifier): The advertisement’s 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.
Smart GYM: The advertisement’s claim, “Get flat belly in sixweeks”, was not substantiated with supporting data. Also 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.
Oma Health and Beauty Clinic: The advertisement’s claims, “Reduce 40-60 centimetres in just five days”, and “Guaranteed weight loss upto five kilograms”, 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.
- M. Reddy Homeopathy: The advertisement’s claim, “Migraine, 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.
Positive Homeopathy: The advertisement’s claim, “Migraine, headache, rigorous pain, vomiting everything will be cured 100 percent”, was not substantiated with supporting clinical evidence, and is misleading by gross exaggeration.
Elements Health Care Solutions (MigrocureAyurvedic Oil): The advertisement’s 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.
Sun India Pharmacy Pvt. Ltd.(SwasthyaVardhak Capsules): The advertisement’s 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.
Naturoveda Health World: The advertisement’s claims, “Honoured as the safest healthcare destination for treating lakhs of patients successfully”, and “India’s most trusted and reliable healthcare destination in the field of natural medical sciences”, were inadequately substantiated with supporting data. The claims are misleading by exaggeration. Also the claim, “Awarded as “Maharshicharak, hakim Jalinos and Maharshipatanjalisamman for combining natural medical system in the most scientific manner”, was not considered to be objectionable. However, the advertiser did not mention the source of this data / awarding organization.
Jolly Health Care (Jolly Tulsi 51 Drops): The advertisement’s claim, “Just fivedrops in a day, keep diseases and doctors away”, “Jolly Tulsi – 51 Drops enhances your immune system”, and “Save entire family every weather, every disease”, were not substantiated with evidence of product efficacy, and are misleading by exaggeration.
Caram Healthcare India Pvt. Ltd. (Diamedica): The advertisement’s claim, “Nation’s Most Secured, Most Effective & Most Economical Tablets”, was not substantiated with any supporting comparative or market survey data. Also the 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 insulin”, were not substantiated with clinical evidence of product efficacy. The claims are misleading by exaggeration.
Ayurdham Kerala AyurvedicPanchkarma: The advertisement’s claims, “Get Cured by Ayurdham Kerala AyurvedicPanchkarma”, and “Special treatments – Paralysis, Migraine, and 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.
Olivet Pharma Pvt. Ltd. (Ayusya Super speciality Treatment Centre): The advertisement’s claim, “To lead a healthy, ailment-free life”, was not substantiated with supporting evidence and is misleading by exaggeration.
ArogyamAyurvedic Hospital: The advertisement’s claims, “Avoid knee replacement, treatment is possible through Ayurveda”, and “Lakhs of people have got riddance diseases”, were not substantiated with supporting clinical evidence and are misleading by exaggeration.
Nurture Health Care (Bgainer Capsule): The advertisement’s claims, “Increase weight upto 12 kilograms in just threemonths”, and “Best Ayurvedic formula without any side effects”, were not substantiated with clinical evidence of product efficacy, and are misleading by exaggeration.
BlizzBiosculpting: The advertisement’s claim, “Lose upto seven kilograms” was not substantiated with supporting clinical evidence, and with treatment efficacy data, and is misleading by exaggeration.
SKS Ayurveda ImpexPvt. Ltd. (SKS Height Plus): The advertisement’s claim, “Increase Height with Ayurveda,” was considered to be, prima facie, in violation of the DMR Act.
Shree Ujjawal Ayurveda (Shree Ujjawal Ayurveda Products): The advertisement’s claims, “Increase Sex Time Upto 25-30 Minutes without Interruption,” and “Increase Length and Thickness of Organ, Sperm Related Problems, Premature Ejaculation, Nightfall, Organ Laxity, Childhood Mistakes”,and the visual in the advertisement read in conjunction with the claims objected to implies that the products are meant for the enhancement of sexual pleasure, were considered to be, prima facie, in violation of the DMR Act.
RogmuktiAyurvedic Clinic: The advertisement’s claim, “100% Guaranteed Ayurvedic Treatment for sex weakness, quick discharge, night fall, infections, less sperm counting, and short bend loose penis”, and was considered to be, prima facie, in violation of the DMR Act.
RatanAyurvedicSansthanPvt. Ltd. (Su dol Body Toner Capsules): The advertisement’s claims, “I have found so much happiness that I am unable to keep it in my body”, “If you are broad minded Sudol will help increase your self-confidence”, “Enhances the beauty of women” and the visual in the advertisement read in conjunction with the claims objected to implies that the products are meant for the enhancement of sexual pleasure, were considered to be, prima facie, in violation of the DMR Act.
Positive Homeopathy (Positive Slimming): The advertisement’s claim, “Celebrate the freedom obesity through positive slimming,” was considered to be, prima facie, in violation of the DMR Act.
Nisargalaya Drugs Pvt. Ltd. (Phyto X-Tra Power): The advertisement’s claims “Increase the quantity and quality of the semen”, “Increases vitality”, “Cures nerves weakness and the sex organs”, “Effective on premature ejaculation and on nocturnal emission” and “Rejuvenated female organs and helps in maintaining a perfect hormone balance,” along with and the visual in the advertisement read in conjunction with the claims objected to imply that the products are meant for the enhancement of sexual pleasure, were considered to be, prima facie, in violation of the DMR Act.
NirogAyurvedicCenter: The advertisement’s claim, “Get rid of wart haemorrhoids, fistula within 15 days with AFRT medicine made new Ayurvedic rare herbs,” was considered to be, prima facie, in violation of theD&C Rules.
Manishree Homeopathic Clinic: The advertisement’s claims, “Magic action within 15 Days” and “High blood pressure quick and permanent cure within short period,” were considered to be, prima facie, in violation of the DMR Act.
Hamdard Laboratories India (Hamdard Wellness): The advertisement’s claim, “For natural cure visit HamdardCenter for the following and various problems- Diabetes and Heart Diseases” was considered to be, prima facie, in violation of the DMR Act.
Dr. Dassan’s Life Care Ayurvedic Herbal Treatment and Research Centre: The advertisement’s claims, “Paralysis patients get saved getting handicap” and “After a seizure his legs, forearm, hands and tongue were not working but through Dr.Dassans treatment for 15 days, he is completely cured” were considered to be, prima facie, in violation of the DMR Act.
B C German Homeo Clinic: The advertisement’s claim, “Successfully treated diseases like epilepsy, leukoderma (White Spot), arthritis, etc. incurable diseases,” was considered to be, prima facie, in violation of the DMR Act.
Dr. H.L. ParmarAyurved&Panchkarm Hospital: The advertisement’s claim, “Provides successful treatment through Panchakarma and Ayurveda method to diseases like stone diseases, and diabetes”was considered to be, prima facie, in violation of the DMR Act.
Prince Pharma (2 Much Gold Capsules): The advertisement’s claims, “My husband’s love has never faded, you know why? Because he has 2 Much Gold Capsules that keep the feeling of love intact and does not allow it to reduce”, “Problems like weakness due to increasing age” and “For stamina” wereconsidered to be, prima facie, in violation of the DMR Act.
SDI HerboChemPvt. Ltd. – ZoshAyurvedic Oil and Capsules: The advertisement’s claims, “Ayurvedic oil and capsule for men” and “Power and stamina for men”, along with the visual in the advertisement read in conjunction with the claims objected to imply that the products are meant for the enhancement of sexual pleasure, were considered to be, prima facie, in violation of the DMR Act.
DindayalAushadhiPvt. Ltd. (303 Gold Power Oil): The advertisement’s claim, “For men only” and the visual in the advertisement read in conjunction with the claims objected to imply that the products are meant for the enhancement of sexual pleasure, were considered to be, prima facie, in violation of the DMR Act.
Sun Laboratories(P) Ltd. (Titanic-K2 Plus Capsule): The advertisement’s claims, “Now twice the strength”, “Power capsule for men” and “The first choice of men which gives the pleasure of masculinity for longer duration without any side effects” along with the visual in the advertisement read in conjunction with the claims objected to imply that the products are meant for the enhancement of sexual pleasure, were considered to be, prima facie, in violation of the DMR Act.
Gaharwar Pharma Products Pvt. Ltd. (P.V Tone Oil and Capsule): The advertisement’s claims, “Wonderful formula to increase excitement and strength”, “And helps to promote desire” and the advertisement shows visuals of lovebirds implying product meant to enhance sexual pleasurewereconsidered to be, prima facie, in violation of the DMR Act.
Men’s Health Clinic: The advertisement’s claims, “A trusted place for solution of sexual problems of men – Premature Ejaculation & Impotency” and “Discharge of sperm, semen thinness, weakness due to diabetes, low libido” along with the visual in the advertisement read in conjunction with the claims objected to imply that the products are meant for the enhancement of sexual pleasure, were considered to be, prima facie, in violation of the DMR Act.
Homeocare International Pvt. Ltd.: The advertisement’s claim, “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,” was considered to be, prima facie, in violation of the DMR Act.
Dr. Atul Mishra German Homoeopathic Agency & Clinic: The advertisement’s claim, “Helps to cure diseases such as venereal diseases, premature ejaculation and spermatorrhea the roots, etc.” was considered to be, prima facie, in violation of the DMR Act.
Diacure Herbal Powder: The advertisement’s claim, “Kidney stone syrup will remove the stone in kidney, 100% cure in 12 hours,” was considered to be, prima facie, in violation of the DMR Act.
Soliel International Healthcare Products (BT-36 Body toner capsule and cream): The advertisement’s claim, “For good results, for 60 days daily take 3 capsules and massage with cream twice a day” and the visual in the advertisement read in conjunction with the claims objected to imply that the products are meant for breast enhancement, were considered to be, prima facie, in violation of the DMR Act.
Gaharwar Pharma Products Pvt. Ltd. (Gaharwar OTC Products): The advertisement’s claims, “Gain power”, “Improve your libido by using it” and the visual in the advertisement read in conjunction with the claims objected to imply that the products is meant for sexual enhancement, were considered to be, prima facie, in violation of the DMR Act.
Rajnish Hot Deals Pvt. Ltd. (PlayWinPlus Capsule): The advertisement’s claims, “Increase vigour, strength, energy and pep”, “Helpful in preventing premature ejaculation” and “For powerful stamina” along with the visual in the advertisement read in conjunction with the claims objected to implythat the product is meant for sexual enhancement, were considered to be, prima facie, in violation of the DMR Act.
Rajnish Hot Deals Pvt. Ltd. (PlayWinPlus Capsule): The advertisement’s claims, “Increase vigour, strength, energy and pep”, “Helpful in preventing premature ejaculation” and “For powerful stamina”, along with the visual in the advertisement read in conjunction with the claims objected to implythat the product is meant for sexual enhancement, were considered to be, prima facie, in violation of the DMR Act.
Rajnish Hot Deals Pvt. Ltd. (PlayWinPlus Capsule): The advertisement’s claims, “Increase vigour, strength, energy and pep” and “For powerful stamina” along with the visual in the advertisement read in conjunction with the claims objected to implythat the product is meant for sexual enhancement, were considered to be, prima facie, in violation of the DMR Act.
Shree Maruti Herbal (Stay-On Power Capsule): The advertisement’s claims, “Helps keep the power and pep in body intact and makes body strong”, “For excitement, vigour and strength” and the visual in the advertisement read in conjunction with the claims objected to implythat the product is meant for enhancement of sexual pleasure. Also the advertisement provides link to websitewhich refers to StayOn Capsules are a miracle of Ayurveda, and while these are very effective for ensuring sexual wellbeing and letting you get over sexual dysfunctions. These were considered to be, prima facie, in violation of the DMR Act.
Shree Maruti Herbal (Stay-On Power Capsule): The advertisement’s claims, “The magic of intimacy remains constant”, “You will get a feeling of youthfulness, immunity power, pep, excitement, strength and vigour physically and mentally” and the visual in the advertisement and product packaging read in conjunction with the claims objected to imply that the product is meant for the enhancement of sexual pleasure. Also the advertisement provides link to websitewhich refers to Stay-On Capsules are a miracle of Ayurveda, and while these are very effective for ensuring sexual wellbeing and letting you get over sexual dysfunctions. Thesewere considered to be, prima facie, in violation of the DMR Act.
Shree Maruti Herbal (Stay-On Power Capsule): The advertisement’s claim, “Use of Stay-On will give you a feeling of youthfulness, immunity, power, pep, excitement, strength and vigour both physically and mentally” and the tagline translated as, “My Heart goes crazy for you” along with the visual in the advertisement and product packaging read in conjunction with the claims objected to implythat the product is meant for the enhancement of sexual pleasure. The advertisement provides a link to the websitewhich refers to Stay-On Capsules as a miracle of Ayurveda, and while these are very effective for ensuring sexual wellbeing and letting you get over sexual dysfunctions. Thiswas considered to be, prima facie, in violation of the DMR Act.
Shree Maruti Herbal (Stay-On Power Capsule): The advertisement’s claims, “Your partner’s love will get stronger” and “Use of Stay-On will give you a feeling of youthfulness, immunity, power, pep, excitement, strength and vigour physically and mentally” along with the visual in the advertisement and product packaging read in conjunction with the claims objected to implythat the product is meant for the enhancement of sexual pleasure. The advertisement provides a link to the websitewhich refers to Stay-On Capsules are a miracle of Ayurveda, and while these are very effective for ensuring sexual wellbeing and letting you get over sexual dysfunctions. This was considered to be, prima facie, in violation of the DMR Act.
Rajnish Hot Deals Pvt. Ltd. -Kasaav Powder: The advertisement’s claims, “Provides youthfulness to women at every moment of life”, “Remove problems in women like white discharge, itching, odour and infection” and “Generates awareness of new enthusiasm and confidence and youthfulness in just 15 days” were considered to be, prima facie, in violation of the DMR Act.
Gaudium IVF and Gynae Solutions: The advertisement’s claim, “The wait for your own child is now over…Come to Gaudium IVF – Transforming hopes into realities,” was considered to be, prima facie, in violation of the DMR Act.
Stammering Relief Centre: The advertisement’s claim, “Cure stammering and stuttering in just two weeks – 100% guarantee” was considered to be, prima facie, in violation of the D&C Rules.
Holistic Treatment Centre: The advertisement’s claim, “Get freedom stammering and speak fluently like others” was considered to be, prima facie, in violation of the D&C Rules.
V-Care Skin Clinic & Piles Centre: The advertisement’s claim, “Get full freedom piles, fissures and fistula diseases” was considered to be, prima facie, in violation of the D&C Rules.
Sarvoday Skin and Hair Clinic: The advertisement’s claim, “Successful treatment of diseases like white spots” was considered to be, prima facie, in violation of the D&C Rules and the DMR Act.
OPTM HealthCare Private Limited: The advertisement’s 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. Also the 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. Hence, the claim is misleading by omission of disclaimer to qualify this claim. Further 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 not substantiated by any reliable data, and the advertisement was misleading by ambiguity and implication.
OPTM HealthCare Private Limited: The advertisement’s claim, “Get strong knee without surgery”, was not substantiated with supporting clinical evidence and is misleading by exaggeration.Also the claim, “Awarded by Ayush ministry”, was not substantiated by any reliable data, and the advertisement was misleading by ambiguity and implication.
Lida Biotech Pvt. Ltd.: The advertisement’sclaim, “Onepill 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.
Dr. Gill Future Health Centre: The advertisement’s claim, “There is no need of knee replacement, knee is cured through medicines”, was not substantiated with supporting clinical evidence. Also the testimonial claim is misleading by exaggeration and not representative of results that are achievable in reality.
Slim & Smile Slimming Centre : The advertisement’s claims, “To reduce weight without exercise, medicine, fatigue, pain and no side effect”, “To reduce sixto 12 kilogramsthrough modern machine and reduce three to six inches 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.
V3 Slim Care: The advertisement’s claims, “Reduce ten kilograms within twomonths”, 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 is misleading.
VasanHealthcare Private Limited – Vasan Eye Care Hospital: The advertisement’s 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.
Dr. Bora Super Speciality Homeopathy: The advertisement’s claim in Marathi, as translated into English, “Get freedom Thyroid”, was not substantiated with supporting clinical evidence and is misleading by exaggeration.
Amrutham Ayurveda Bazaar and Hospital: The advertisement’s claims, “Get disease less health”, “Joint Pains, Worn bones can be completely cured”, “Reduction of sinusitis/allergic arthritis completely”, “Migraine can be completely prevented”, and “Psoriasis prevention is possible only with ayurveda”, were not substantiated with supporting clinical evidence and are misleading by exaggeration.
Nurture Health Care (Medora UpcharPaddhati): The advertisement’s claim, “Reduces 13 kilogramsin just few months”, was not substantiated with clinical evidence of product efficacy. Also, the testimonial in the advertorialappears to be misleading by gross exaggeration.
KhodiyarAyurvedic: The advertisement’s claims, “Get permanent riddance cholesterol” and “Protect yourself heart attack” were not substantiated with supporting clinical evidence and are misleading by exaggeration.
Dindayal Industries Limited (303 Capsules): The advertisement’s claim, “Due to busy life, men are unable to manage their health well, due to low energy, they are unable to satisfy their partner’s expectations”, “303 gold powers oil helps remove weakness”, was not substantiated with product efficacy data and is misleading by exaggeration. These claims imply that the product is meant for enhancement of sexual pleasure, which is in breach of the law as it violated the DMR Act.
Mdj Nutriments Pvt. Ltd. (Cassia Herbal Koffi): The advertisement’s claim, “100% organic”, was not substantiated with supporting data, and is misleading. Also the claims which state, “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.
Nuayurveda Clinic: The advertisement’sclaims, “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 and emotional health by treating the root of the disease and not just the symptoms”, and “Five conditions that Nuayurveda can manage joint pain, frozen shoulder, arthritis, spondylitis, depression & anxiety, obesity and weight loss, detoxification & rejuvenation, psoriasis and eczema”, were not substantiated with scientific rationale or supporting clinical evidence, and are misleading.
Sun Pharmaceutical Industries Ltd. (Suncros Soft): The claimon the packaging of Suncros Soft, the words “chemical agent free” are prominently shown on the front of pack but disclaimer “Free 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.” Further the advertisement’s claim, “No. 1 choice of dermatologists” for Suncros Soft, was not substantiated and misleading by ambiguity and implication.
New Touch Skin Care New (Touch Laser Centre): The advertisement’s claim, “FDA approved”, was not substantiated with supporting evidence and is misleading by ambiguity and exaggeration.
PERSONAL CARE:-
Amrit 55 –Herbal Lip Therapy for Pink Lips:The advertisement’s claims, “Only within seven days, guarantee to make black lips pink like before” and “100% guaranteed solution”, were not substantiated with product efficacy data. Also the 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.
EDUCATION:-
The CCC found following claims in the advertisements by 68 different advertisers were not substantiated and, thus, violated ASCI Guidelines for Advertising of Educational Institutions. Hence complaints against these advertisements were UPHELD.
ALS Satellite Education Private Limited: The advertisement’s 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.
Saraswati Educational & Cultural Society – IPSR Group or Institutions: The advertisement’s 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. 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. Hence, the claim is misleading by exaggeration. Also the 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.
Lakshmikanthammal Educational Trust (R.M.K. College Engineering of Technology): The advertisement’s claims, “Bharatiyavidyabhavan 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.
Swami VivekanandVishwavidyalay (Swami Vivekanand University): The advertisement’s claim, “The most awarded university of MP”, was not substantiated with any verifiable comparative data and is misleading by exaggeration.
R K Bajaj Group Of Institute (G L Bajaj Institute of Technology and Management): The advertisement’s claim, “No.1 Private Engineering College in UP by NIRF”, was not substantiated with NIRF ranking data as claimed in the advertisement. For the claims of the advertiser’s institute being 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 were 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.
Renaissance College of Hotel Management and Catering Technology: In the advertisement’s claim, 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 claim, “The Most Admired Hotel Management College of Uttarakhand Award Winner – 2017”, was not substantiated with supporting data, and is misleading by exaggeration.
Defence Services College: The advertisement’s 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.
JetkingInfotrain Ltd. (Jetking Computer Education): The advertisement’s 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. The 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. Also the 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.
R.A. Institute: The advertisement’s claim, “Up to 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.
Atulesh Convent High School: The advertisement’s 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.
Gujarat University The advertisement’s claim, “100% job ready” and 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.
Devalya Education Pvt Ltd – Devalya Education: The advertisement’s 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.
Complaints against advertisements of all educational institutes listed below are UPHELD mostly because of unsubstantiated claims that they ‘provide 100% placement/AND/OR because of misleading claim that they provide ‘100% placement assistance/AND/OR they claim to be the No.1 in their respective fields’:
Jankalyan Computer Saksharta Mission, LNCT Group of College (Lakshmi Narain College of Technology), LNCT Group Of College (Lakshmi Narain College of Technology), Regional College Of Management, Hindustan Company Construction Pvt Ltd. (Hindustan Aero Academy), National Institute Of Science and Technology, Sojatia Classes, Gautam Buddha Technical Institute, Droan College Of Nursing, Dr Zakir Husain Institute/ Institute Of Hotel Management and Catering Technology & IIBM, JaganNath Gupta Memorial Educational Society (JaganNath University), AnnaiMadha Polytechnic College – AnnaiMadha Catering College, Kanyakumari Community College- (Malankara School of Commerce), Sri Medha Junior College- (Medha Junior College), Sri Mahesh Institute Of Computers, Airline & Hotel Management Academy, Bhagwant University, Christian School Kullu- Christian Nursing Institution, Click Coaching, Dr. Anushka Group of Institutes- Dr. AnushkaVidhiMahavidyalaya, Emphasis Educational Charitable Trust- Emphasis Ranchi, Fortune Academy For Career Empowerment- (FACE Institute of Hotel Management), FLYWAY Institution of and Placements Pvt Ltd (FLYWAY Air Hostess Training Academy), Hanswahini Institute Science & Technology, ITM University, ParulArogyaSeva Mandal Trust- Parul University, Radharaman Group of Institutions, Chiranjeevi Reddy Institute of Engineering and Technology, Minerva Educational & Charitable Trust -Mangalore Institute of Fire & Safe Engineering, Institute Of Fire Engineering and Safety Management (NIFS), Aryabhatta Group of College (Arybhatta Engineering College), Apparel Training and Design Centre – ATDC, Global Soft, International Academy of Logistics Management, ICA Education Skills Pvt. Ltd, Indian Institute of Business Management, Jaypee Polytechnic and Training Centre -Rewa, Majhighariani Institute of technology & Science, Lindas Institute of Engineering & Vocational Training College, Sherwood Educational Group, Sri Ramswaroop Memorial University, St. Wilfred Education Society, Indian Institute of Safety Management, Academy of Aviation – (Academy of Aviation &Professional Excellence), Dr. BhimraoAmbedkar Technical Training Institute, JD Institute Technology of Fashion Technology, Maharishi ShikshaSansthan MSS (Maharishi Institute of Management), Oriental Institute of Science and Technology, Jayalakshmi Technology Institute of Technology, Glam India Academy, Gurukul Management Studies, The ICFAI University, IndraGanesan Educational and Charitable Trust (IndraGanesan College of Engineering), Vikramshila Educational and Welfare Society (International School of Management – (ISM),DICS Computer Education, Institute Of Science and Management and Techno Herald.
FOOD AND BEVERAGES:-
Pure Royale (Pure Royale Supari Mix): The advertisement which is for a Supari product is misleading by omission of a cautionary warning: “Chewing of Supari is injurious to health”.
Gods Own Food Solutions Pvt. Ltd. (Jackfruit 365): The advertisement’s claim “Reduces stomach and weight” was inadequately substantiatedsince the benefit is directly attributed to the product but is not substantiated with data (either statistically significant results a study or publication in peer reviewed scientific journal of repute). In absence of any other information regarding importance of other necessary lifestyle changes, the claim is misleading by omission and exaggeration.
Kanhai Food Pvt. Ltd. (Kabhi B Bakery Patisserie): The advertisement’s claims, “The Most Awarded” and “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 claims are misleading by exaggeration.
AnkurChemfoodPvt. Ltd. (Ankur Salt Range): The advertisement’s claims, “Dr Salt is made especially for High B.P, Diabetes and heart patients”, and “Increase level of haemoglobin in blood and be protected 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.
Sethi Enterprises (Family Bread): The advertisement’s claim, “100% wheat flour (zero maida)” was not substantiated with supporting data showing presence of 100% wheat flour and absence of maida, and ismisleading.
OTHERS:-
ARG Outlier Media Asianet New Pvt. Ltd. (Republicworld.com): The advertisement’s 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.
PeramGroup:The advertisement’s 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.
MaaKamakhavyaDarbar Fragrances India Pvt. Ltd.(Tiranga Sacred Siddhi GugalAgarbatti):The advertisement’s 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.
Garg Industries (Nirol Electricals): The advertisement’s claim “Decrease electricity bill by half” (“bill aada”) was not substantiated with technical data/test reports, and is misleading by exaggeration.
UtsEco International (Uts Eco Solar Water Heater): The advertisement’s claim, “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.
