asci upheld complaints against 151 out of 199 advertisements
Transcript of asci upheld complaints against 151 out of 199 advertisements
ASCI CCC Recommendations: September 2016
ASCI UPHELD COMPLAINTS AGAINST 151 OUT OF 199 ADVERTISEMENTS
Mumbai, December 19th 2016: In September 2016, ASCI’s Consumer Complaints Council (CCC) upheld complaints against 151 out of 199 advertisements. Out of 151 advertisements against which complaints were upheld, 39 belonged to the Healthcare category, 75 to the Education category, followed by 10 in the Food & Beverages category, 8 in Personal Care Category and 19 advertisements from other categories.
HEALTHCARE
The CCC found the following claims of 39 advertisements 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 Drug & Magic Remedies Act and Chapter 1.1 and III.4 of the ASCI Code. Complaints against the
following advertisements were UPHELD.
1. Cosmic Grace: The advertisement’s claims (in Hindi), “Cure prostate Cancer, Stone, Eye
disease”, were not substantiated, and are misleading. Also, specific to the claims related to
cure of prostate cancer, Stone, Eye disease, the advertisement is in breach of the law as it
violated The Drugs & Magic Remedies Act. Also, the advertisement exploits consumers’ lack
of knowledge and is likely to lead to grave or widespread disappointment in the minds of
consumers. Advertiser did not produce explicit permission from the political personalities
whose reference have been made in the advertisement. This tends to bring these persons
into ridicule and disrepute.
2. Thosh (Thosh Ion Shower): The advertisement’s claims, “Good news for those who are
suffering from Asthma, Respiratory diseases & Breathing problems, Allergy, Migraine
Insomnia, And those who are fed up of taking heavy medication and pills for the same. Now
Negative Ion therapy has a solution”, were not substantiated, and are misleading by
exaggeration.
3. Nanophyto Pharmacy (UR Halt): The advertisement’s claims, “100% Natural and Scientific”,
“No side effects”, Don’t Stress Just Put A Full Stop To Urinary Incontinence”, “URhalt control
Naturally”, “100% natural phytomedicine.”, “No more dependence on adult diapers or
surgical procedures”, “Controls urinary incontinence naturally”, “100 percent natural and
scientific phytomedicine medicine derived from plants”, “Clinically evaluated formula”, “No
side effects”, and “No more dependence on adult diapers and surgical procedures”, were
not substantiated with clinical evidence of product efficacy, and are misleading by gross
exaggeration.
4. Kudos Laboratories India Ltd. (IME-9 Tablets): The advertisement claims (in Hindi) as
translated into English, “IME-9 tablets bring sugar under complete control” and “India’s first
wonder drug to treat diabetes globally”, were not substantiated with evidence of product
efficacy, and are grossly misleading. Also, specific to the claims related to cure of Diabetes,
the advertisement is in breach of the law as it violated The Drugs & Magic Remedies Act.
5. Fizikem Formulations (Madhucure Diabetic Juice): The advertisement’s claim, “Drinking
Madhucure diabetic juice will control blood sugar levels”, was not substantiated with evidence
of product efficacy, and is misleading. Also, specific to the product name implying cure of
Diabetes, the advertisement is in breach of the law as it violated The Drugs & Magic Remedies
Act.
6. Tara Nutricare (Tara Magik Mass): The advertisement’s claims, “Our bestselling weight gainer
with great result”, “Helps in the development in muscle mass and size” and product packaging
claim, “Magik Mass”, were not substantiated and are misleading.
7. Shakti Sudha Agro Ventures Pvt. Ltd. (Shakti Sudha Makhana): The advertisement’s claims,
“Also good for Anti-Ageing, Diabetes, Arthritis & Rheumatic Pain, Healthy Heart, Blood
Pressure” and “Immuno stimulant Food”, were not substantiated with evidence of product
efficacy, and are misleading. Also the claim, “India’s No.1 Processor & exporter of gorgon Nut
(Makhana)”, was not substantiated with comparative data versus other similar processor and
exporter of Gorgon Nut or any third party validation to prove this claim, and is misleading by
exaggeration.
8. Kerni Fitness Pvt. Ltd. (Fitness Universe Animal Effect): The advertisement’s claims, “Fitness
universe is an advance fat burning, metabolism enhancing and energy boosting formulation
comprised of unique ingredients which promotes thermogenesis. It burns more calories and
burns fat than exercise and diet alone”, were not substantiated with supporting technical data
of the product composition and clinical evidence of product efficacy and are misleading.
9. Ayurwin Pharma Pvt. Ltd. (Nutri Slim powder/Capsule): The advertisement’s claims (in Hindi)
as translated into English, “An ayurvedic drink that increases body metabolism and helps in
slimming in just 3 months. Also claims to be safe and natural”, were not substantiated, and
are misleading.
10. AVS Herbals (Energic-31Capsules): The advertisement’s claims (in Gujarati), as translated into
English, “full of energy, keeps your weakness away”, “protect from sickness to increase
Immunity, to increase life force, to reduce tiredness, to increase sexual powers and enhance
sex act”, “particularly helpful for maintaining good married life”, were not adequately
substantiated with clinical evidence of the product. Also, the claims are misleading. Further,
specific to the claims related to the product benefit of “increasing sexual energy in men”,
“helpful in leading a happy married life” - implying that the product is meant for enhancement
of sexual pleasure - the advertisement is in breach of the law as it violated The Drugs & Magic
Remedies Act.
11. Shree Baidyanath Ayurved Bhawan Pvt. Ltd. (Baidyanath Madhumenhari): The claims in the
advertisement, “Break through research has helped me keep my blood sugar under control”,
“Helps stimulate pancreas to reduce high blood sugar” and “Researched and clinically tested”,
were not clinically substantiated with proof of efficacy, and are misleading. Also, specific to
the claims related to control of blood sugar (i.e. diabetes), the advertisement is in breach of
the law as it violated The Drugs & Magic Remedies Act.
12. Cadila Healthcare Ltd. (Nutralite): The visual shown in the advertisement read in conjunction
with the claim, “indulge in your favourites without worrying about health”, implies that with
Nutralite, one can indulge even in not so healthy food. It was noted that many other factors
contribute to Cholesterol in the body and contribution of the advertised product to
“cholesterol lowering” by virtue of being a “replacement” product is negligible. The
advertisement is likely to exploit consumers’ lack of experience and knowledge. It was
concluded that while the product does not contain cholesterol, the claim, “0% Cholesterol. 0%
Worries.” is misleading by ambiguity and implication.
13. Manav Care Chikitsalay: The advertisement’s claims (in Hindi) as translated into English,
“100% Guaranteed Treatment of venereal disease”, “Guaranteed treatment of venereal
disease in men & women, weakness because of masturbation, Premature Ejaculation, Wet
dreams, Impotence, Minuteness, thinness through machine” and “Complete Cure in 20 Days”,
were not substantiated with clinical evidence and are misleading. Also, specific to the claims
related to guaranteed treatment for sexual problems, impotency, and the advertisement
visual implying enhancement of sexual pleasure, the advertisement is in breach of the law as
it violated the Drugs & Magic Remedies Act.
14. Sri Nageshwar Ortho & Trauma Centre: The advertisement’s claim (in Hindi) as translated
into English, “Successful treatment of Paralysis”, was not substantiated with clinical evidence
and is misleading. Also, specific to the claim related to successful treatment of Paralysis, the
advertisement is in breach of the law as it violated The Drugs & Magic Remedies Act.
15. Srigiri Ayurvedic Hospital: The advertisement’s claim, “Get Your Natural Hearing Without Any
Hearing Aid And Without Operation”, was not substantiated with supporting evidence and is
misleading by exaggeration. Also, specific to the claim implying treatment for deafness, the
advertisement is in breach of the law as it violated The Drugs & Magic Remedies Act.
16. Oxymed Hospital: The advertisement’s claim, “To cure heart disease without any surgery, no
pain, no anaesthesia and no hospitalization” was not substantiated with clinical evidence.
Also, the claim, “India’s first hospital to give latest treatment for all disease without any
surgery”, was not substantiated with comparative data versus other similar hospitals to prove
this claim. The claims are misleading by exaggeration.
17. Oxymed Hospital: The claim in the advertisement, “To cure leg joint pain without any surgery,
no pain, no anesthesia and no hospitalization required”, was not substantiated with
supporting clinical evidence. The claim is misleading by exaggeration.
18. Oxymed Hospital: The claim in the advertisement, “To cure heart blockage without any
surgery, no pain, no anesthesia and no hospitalization required”, was not substantiated with
supporting clinical evidence. The claim is misleading by exaggeration.
19. Puressenz (Lup Tup Herbal Concentrate): The advertisement’s claims, “Lup Tup helps in
curing obesity, diabetes, blood pressure and heart attack”, were not substantiated with
supporting clinical evidence of product efficacy, and are misleading. Also, specific to the claims
related to cure of diabetes, blood pressure and heart attack”, the advertisement is in breach
of the law as it violated The Drugs & Magic Remedies Act. The claim related to cure of obesity
is in breach of the law as it violated The Drugs & Magic Remedies Act (item 38 under DMR
schedule).
20. Dr Shah’s Super Speciality Clinic: The advertisement’s claims, “Trusted Brand of India”, and
“95% Success Rate”, were not substantiated with authentic supporting data. It was also noted
that the disclaimer in the advertisement “Success rate as per PFBF” is misleading by ambiguity
as PFBF is an abbreviation used by the advertiser for “Patient Feedback Form”.
21. Signature Skin: The advertisement’s claim, “Fastest & Safest Treatment Results for Psoriasis
& Vitiligo!” was not substantiated adequately with authentic evidence, and is misleading by
exaggeration.
22. Dr G Wellness Private Ltd. (Arthritplus): The claim in the advertisement, “Reversing Arthritis”
is not proved in a scientific manner with clinical evidence and is misleading by gross
exaggeration. Further this claim for the product which is positioned as food supplement, is
likely to mislead the consumers into believing that the product would have curative effect on
Arthritis.
23. Shree Baidyanath Ayur Bhawan (Baidyanath Vita-EX Gold Women): The advertisement’s
claim, “Energy, Enjoyment, Satisfaction”, was not substantiated with product efficacy data,
and is misleading. Also, the claim (in Hindi) as translated into English, “Energy, Enjoyment,
Satisfaction”, read in conjunction with the advertisement visual implies that the product is
meant for enhancement of sexual pleasure, which is in breach of the law as it violated The
Drugs & Magic Remedies Act.
24. Goyal Ayurved and Herbals (Goyal Ayurved and Herbals Range of Products): The
advertisement’s claims (in Hindi) as translated into English, “Reduce 3kg to 5kg in just one
month” and “Make your fat body into a slim one”, were not substantiated with proof of
efficacy, and are misleading. Also, with reference to obesity (“motapa”) in the advertisement
and the pack visual, the advertisement is misleading by implication that the product would
solve the problem of obesity and therefore is in breach of the law as it violated The Drugs &
Magic Remedies Act (item 38 under DMR schedule).
25. Nidan Ayurveda India Pvt. Ltd.: The advertisement’s claims (in Hindi) as translated into
English, “Sugar levels can reduce within 30 days”, “Get rid of Diabetes and other life
threatening diseases” and “Get cured of sugar problems immediately” were not substantiated
with supporting clinical data. Also, specific to the claims related to treatment of Diabetes, cure
for sugar problems, the advertisement is in breach of the law as it violated The Drugs & Magic
Remedies Act.
26. The Fitness Zone: The claims, “Turn Fat in to SLIM”, and “Reduce up to 5 Kg in just 12 Hours”,
were not substantiated with clinical evidence, and are misleading. Also, efficacy being
depicted via images of before and after the treatment is misleading.
27. Dr. A. K. Jain: The advertisement’s claims, “India's Top Ranking Sexologist on Google”, was
not substantiated with supporting evidence and with comparative data versus other similar
clinics in the same category, and is misleading. In addition, the claim, “Complete Solution for
all venereal diseases”, was not substantiated with clinical evidence, and is misleading. Also,
specific to the claims implying cure for venereal diseases, the advertisement is in breach of
the law as it violated The Drugs & Magic Remedies Act.
28. Zimalaya Drug Pvt. Ltd. (Slr Four Power Booster Capsules): The advertisement’s claims,
“Guaranteed Increase sperm count in male”, “For increasing sperm count in male”, were not
substantiated with product efficacy data, and are misleading. Also, specific to the claims
related to the product benefit for men, implying that the product is meant for treatment of
sexual impotence, the advertisement is in breach of the law as it violated The Drugs & Magic
Remedies Act.
29. Perfect Point (Cool sculpting treatment): The advertisement’s claims, “Even after Dieting and
Exercise there was no loss of belly fat” and “Reduced 20 kilograms & nine inches from belly”,
were not substantiated with clinical evidence, and are misleading. Also, efficacy being
depicted via images of before and after the treatment is misleading.
30. Curves & Smile: The claim in the advertisement, “Lose weight two to three kilograms per
week”, was not substantiated with clinical evidence, and is misleading.
31. Sex Clinic (Sex Clinic Range of Products): The claim in the advertisement (in Hindi) as
translated into English, “Effect starts from the first dose itself”, was not substantiated with
product efficacy data, and is misleading. Also, specific to the claims implying treatment for
sexual problems, read in conjunction with advertisement visual implying enhancement of
sexual pleasure, the advertisement is in breach of the law as it violated The Drugs & Magic
Remedies Act.
32. Good Care Pharma Products (Neem Guard and Stress Guard): The advertisement’s claims,
“Neem Guard-Clinically proven to rejuvenate your skin”, “Stress Guard - Clinically proven to
reduce stress and fatigue” and “Improves alertness and concentration”, were not
substantiated clinically with product efficacy data, and are misleading.
33. Sai Hospital: The advertisement’s claims (in Hindi) as translated into English, “Successful
treatment of Kidney, renal tubules, Urinary bladder stones (PCNL, URS, Cystolithotrity)”,
“Successful treatment of Congenital kidney & other urinary problems” and “Successful
treatment of impotence”, were not substantiated with supporting clinical data, and are
misleading. Also, specific to the claims related to successful treatment of Kidney, Urinary
bladder stones, and impotency, the advertisement is in breach of the law as it violated The
Drugs & Magic Remedies Act.
34. Lifespan Clinic India (Lifespan Diabetes Clinics): The advertisement’s claims, “2 out of 3
patients have successfully lowered their blood sugar levels by thoroughly following Lifespan's
treatment” and “Over 40,000 Satisfied Diabetics”, was not substantiated with supporting
proof and is misleading by gross exaggeration.
35. Care & Cure Herbals (X men Plus): The advertisement’s claims (in Hindi) as translated into
English, “Passion, Strength and Stamina”, “Effective from day one”, “Interested people can
also try and see the results” and “Complete Sexual Therapy”, were not substantiated with
product efficacy data, and are misleading. Also, the product benefit claims read in conjunction
with the advertisement visual implies that the product is meant for enhancement of sexual
pleasure, which is in breach of the law as it violated The Drugs & Magic Remedies Act.
36. Deemark Health Care Pvt. Ltd. (Love Forever VT): The advertisement’s claims (in Hindi) as
translated into English, “We bring magic of modern science Deemark Love forever VT for you,
Advanced & unique product which is effective for stimulation and stress-related diseases.
Effect starts after use, absolutely harmless and Effective, so give your love new heights &
experience those moments of passionate love again with DeemarK Love forever VT”, “Love
Forever- Strength, Length, Time, Energy Power” and “For a satisfied, Happy married life, your
energetic, passionate and right shape”, were not substantiated with product efficacy data,
and are misleading. Also, the product benefit claims read in conjunction with the claim that
the product is for men only, implies that the product is meant for enhancement of sexual
pleasure, which is in breach of the law as it violated The Drugs & Magic Remedies Act.
37. Lifezen Health Care Pvt. Ltd. (Eye Spa): The advertisement’s claim, “Safe to use Clinically
Proven”, was not substantiated clinically with product efficacy data. Also the claim, “Trusted
Formula Recommended by Eye- Specialists”, was not proven with supporting data. Further,
the claims are misleading by exaggeration.
38. Trim-O-Fast Herbal Slimming Kit: The advertisement’s claims (in Hindi) as translated into
English, “Through Ayurvedic reduce weight, look attractive within 30 days”, was not
substantiated with proof of efficacy. The claim as well as the pack visual in the advertisement
implies a significant weight loss which is also grossly misleading.
39. Standard Laboratories (Navab- E-Navab): The advertisement’s claim (in Hindi) as translated
into English, “Use for happy married life”, was not substantiated with product efficacy data,
and is misleading. Also, the claim, “Use for happy married life” read in conjunction with the
pack visual implies that the product is meant for enhancement of sexual pleasure, which is in
Breach of the law as it violated The Drugs & Magic Remedies Act.
FOOD & BEVERAGES
1. Buzz Live Foods (Pelicana DD Drinker’s Drive): The advertisement’s claims, “Pelicana DD is a
beverage when added to acidic alcoholic drinks converts them into a positive health drink
which reduces oxidative stress. Performs the role of a whole body stress reducer which gives
freshness all over to the drinker”, were not substantiated with supporting clinical data specific
to the product, and are misleading by gross exaggeration. The claim is also likely to encourage
negligence among consumers regarding alcohol intake. Also the claims, “A Noble Prize winner
and Tamil Scientist has invented this product after many years of research”, “Certified by
World's Leading Laboratories” and “World’s first breakthrough product”, were not
substantiated with supporting proof, and are misleading by gross exaggeration.
2. M.K Agrotech Private Limited (Sunpure Sunflower Oil): The advertisement’s claims, “Get the
Natural Vitamins” and “Get the benefits of Vitamins in their pristine form, not to forget
Natural Oryazanol”, were not substantiated with supporting technical data for the advertised
product, and are misleading.
3. Bhagat Marketing Corporation (Amrut Dana Dal):- The advertisement’s claim (in Gujarati), as
translated into English, “To be No.1 in India”, was not substantiated with comparative data
versus other similar brands in the same category, and with market share sales data, and is
misleading by exaggeration.
4. Grofers (Dunkin’ Donuts): The claim offer of “Dunky Doos Donut Box of 6 at Rs. 199/-” in the
advertisement complained against, is misleading by ambiguity and omission of mention that
the price quoted is subject to taxes.
5. Inbisco India Private Limited (Kopiko Cappuccino): The advertisement’s claim, “Keeps You
Awake”, was inadequately substantiated and is misleading by ambiguity as it was noted that
caffeine present in beverages such as coffee and tea that helps to keep one alert, while Kopiko
cappuccino candy contains caffeine at much lower levels as against a standard coffee drink.
While literature reference (with caffeine at much higher level of 50, 100, 200 mg) supports
contribution of caffeine in helping alleviate the reversal of alertness and performance deficit
resulting from sleep loss, the data submitted by the advertiser was not adequate to
conclusively prove the claim of the Kopiko candy keeping one “awake” or delaying the onset
of sleep as claimed, especially with the low caffeine level present in the product. The literature
references referred to higher levels of caffeine and the effect mentioned was more of “sleep
disturbance”.
6. Kaleesuwari Refinery Pvt. Ltd. (Cardia Life Oil): The advertisement’s claim, “Helps in
improving immunity and control cholesterol”, were not substantiated with robust scientific
data specific to the oil blend. Also, the claim is misleading by ambiguity and exploits
consumers’ lack of experience and knowledge.
7. Emami Agrotech Limited (Emami Healthy & Tasty Sunflower Oil): In absence of clinical
evidence specific to the advertised product, the claims in the advertisement, “Regular
consumption helps reduce risk of heart disease” and “Lowers bad Cholesterol”, attributed
directly to the advertised product were inadequately substantiated.
8. Emami Agrotech Limited (Emami Healthy & Tasty Soyabean Oil): in absence of clinical
evidence specific to the advertised product, the claims in the advertisement, “Regular
Consumption helps Lowers the risk of high blood pressure”, “Reduce risk of heart diseases”
and “Improves skin health”, were inadequately substantiated with clinical research data, and
are misleading by ambiguity.
9. Emami Agrotech Limited (Emami Healthy & Tasty Refined Rice Brand Oil): The advertisement
makes a comparison of Rice Bran oil (containing Oryzanol) with Sunflower oil (without
Oryzanol) and implies that the advertised product would provide benefits (protection from
heart disease by reducing bad cholesterol) by virtue of Oryzanol. The claim in the
advertisement encouraging “Regular consumption” of advertised oil only was not considered
to be appropriate. Also the claims, “Regular Consumption helps – i. Protect from heart
diseases ii. Helps improve immunity iii. Reduce cholesterol” were not adequately
substantiated for the advertised product composition. It was concluded that in absence of any
direct and conclusive clinical evidence to show that Emami Rice Bran oil is better versus
Ordinary Refined sunflower oil in reducing bad cholesterol and protecting from heart disease,
the advertisement is misleading by ambiguity and implication.
10. United Breweries Ltd. (Heineken): The advertisement visual of a star, Brand name Heineken
and a foaming beer background read in conjunction with the statement “Born in Amsterdam.
Raised in Bengaluru. From A to B. There’s more behind the star”, appears to be an
advertisement for promotion of a liquor product – Beer. Also, the advertisement is misleading
by implication and contravened Chapters I.4 and III.6(b) of the ASCI Code (“Whether there
exists in the advertisement under complaint any direct or indirect clues or cues which could
suggest to consumers that it is a direct or indirect advertisement for the product whose
advertising is restricted by this Code.). Also, the advertisement did not meet the requirements
as per ASCI's Guidelines for Qualification of Brand Extension Product or Service and thereby
contravened Chapter III.6 (a) of the ASCI Code (“Whether the unrestricted product which is
purportedly sought to be promoted through the advertisement under the complaint is
produced and distributed in reasonable quantities, having regard to the scale of the
advertising in question, the media used and the markets targeted.”)
PERSONAL CARE:-
1. J.K. Helene Curtis Limited (Park Avenue Acti-Cool Deodorant): The advertisement’s claim,
“Lasting cooling effect”, was not substantiated adequately with technical data to prove how
long the cooling effect stays. Also, the claim is misleading as it implies that the cooling effect
is lasting for considerably long time.
2. VLCC Personal Care Limited (VLCC Slimmer’s range of products): The product name and the
variant name, “Slimmer’s Herbal Infusion with Green Tea” and “Slimming” respectively, are
likely to mislead consumers by implication and the benefit of slimming attributable to the
advertised product was not substantiated adequately.
3. Johnson & Johnson Ltd (Clean & Clear Foaming face wash): The advertisement’s claims, “To
give 8 hours’ oil control”, was not substantiated adequately, and is misleading by implication
as the claim “control” implies maintenance of sebum level at a particular fixed value whereas,
the product is demonstrating “reduction” and not “control” over the eight hour period. Also,
the study indicates that even simple water has demonstrated reduction of the sebum levels
at different time points.
4. Clarins (Clarins White Plus): The advertisement’s claims, “After 4 Weeks, 85% No more New
Spots, 94% Skin Looks Fairer, 94% Skin is more Translucent”, were not substantiated with
clinical evidence of product efficacy, and the claims were considered to be misleading by
ambiguity.
5. Sairaa Hair Gel: The advertisement’s claim (in Tamil) as translated into English, “Controls hair
fall in just Seven Days”, was not substantiated with clinical evidence of product efficacy. Also,
the claim is misleading.
6. Lotus Herbals Limited (Lotus Safe Sun Whitening Plus): The advertisement’s claim, “Botanical
Extracts gives whitening glow”, was not substantiated with evidence of product efficacy or
any clinical study report. Also, the advertiser did not provide any substantiation for the SPF
value of “SPF 40” through any technical test or a third party certification. The claims are
misleading by exaggeration.
7. Nature’s Essence Pvt Ltd.( Nature’s Lacto Tan Clear): The advertisement’s claims (in Bengali)
as translated into English, “Nature’s lacto tan clear with milk and honey, makes skin tan free”
was not substantiated with supporting evidence, and is misleading. Also, the visual showing
the transformation of the dark complexion to fair, is misleading by exaggeration.
8. Aswini Homeopathy & Ayurvedic Products (Aswini Hair Oil): The advertisement’s claim,
“Now no Hair fall………Our Challenge”, was not substantiated and is misleading.
EDUCATION
The CCC found following claims in the advertisements by 75 different advertisers were not
substantiated and, thus, violated ASCI Guidelines for Advertising of Educational Institutions. Hence
complaints against these advertisements were UPHELD.
1. Pratap University: The advertisement’s claims, “Ranked among Top 20 universities of India by
‘The Pioneer’”, and “Foreign University Collaboration UDG University of Motenegro Europe”,
were not substantiated with supporting proof, and are misleading.
2. ITM University: The advertisement’s claims, “100% Placement of MBA (Supply Chain Mgmt)”,
and “Highest Placements in 1st year in central India”, were not substantiated with relevant
data (such as evidence of batch size, enrolment forms, and appointment letters received by
the students etc.) nor any independent audit or verification certificate. Also, the claims are
misleading. The advertisement also claims, “05 Lac Highest package (CTC)” and “3.25 Lac
Average package (CTC)”, were not substantiated with evidence to prove that students were
offered the claimed salary packages, and also the claims are misleading.
3. Sujas: The advertisement’s claims “Institute holds Record for Highest Number of Jobs
Provided in Government and Private Sector”, and “100% Guarantee Employment/Job”, 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 gross exaggeration. Also the claim,
“Chance to work in a Government office in 6 Months for 10th/12th Passed Students”, was not
substantiated with evidence to conclusively prove that 10th / 12th passed students were
indeed offered jobs in government offices and also the claim is misleading by ambiguity.
4. Aptech Limited (Arena Animation): The advertisement claim, “Get Scholarship Upto 50%”,
was not substantiated with authentic supporting data such as detailed list of students who
have received the scholarship, contact details of students for verification. Also the claim,
“Learn From the Global Leader”, was not substantiated with comparative data versus other
similar institutes in the same category or any third party validation or research to prove this
claim. Also, the claims are misleading by exaggeration.
5. FIIT JEE Limited: The advertisement’s claim, “Kota has become suicide capital of India. If you
love your son / daughter, then never compromise on value system”, unfairly denigrates Kota
city and is misleading by implication.
6. Naval Career Institute: The advertisement’s claims (in Hindi) as translated into English, “No.1
Agriculture Coaching institute of country from 23 years”, “Most Reliable, Most Experienced,
Most Successful”, were not substantiated with supporting evidence and with comparative
data versus other similar institutes in the same category or any third party validation or
research to prove these claims. Also, the claims are misleading by gross exaggeration.
7. Luthfaa Foundation Luthfaa Polytechnic Institute: The advertisement’s claims, “In 2015-
100% Students Were Placed In Renowned Companies Like Mahindra Cie, Billets Electro Worke
Ltd. Eiem Etc” and “In 2016- More Than 60% Students Has Already Placed In Renowned
Companies Like Haier, Dmrk Engineering, Sumukha Engineering, Wireform Components India
Pvt. Ltd, Billets Electro Worke Ltd.Etc”, 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 gross exaggeration.
8. Allen Career Institute: The claim in the advertisement, “The true Leader in AIPMT, NEET-UG,
AIIMS Coaching”, was not substantiated with comparative data versus other similar institutes
in the same category or any third party validation or research to prove this claim. Also, the
claim is misleading by exaggeration. Also the claim, “Kota gives you 10 Times better chances
to be selected in Pre-Medical (NEET- UG & AIIMS) or PreEngineering Exams”, was not
substantiated with authentic supporting data. Also, the claim is misleading by gross
exaggeration.
9. National Academy of Event Management & Development: The advertisement’s claim, “Join
Asia’s Best Event Management Institute”, was not substantiated with comparative data versus
other similar institutes in the same category. Also, the claim is misleading by exaggeration.
Also the claims, “Best Institute for Event Management at Asia Education Summit 2015” and
“NAEMD- Recognised by Limca Book of Records-NAEMD is Asia’s First & Best Event
Management Institute to offer courses in Events Management & PR”, were not proven with
supporting evidence, and are misleading. Further the use of “100%” numerical claim is not
relevant for “placement assistance” claim. The claim is misleading by implication
Complaints against advertisements of all educational institutes listed below mostly are UPHELD
because of unsubstantiated claims that they ‘provide 100% placement/AND/OR they claim to be
the No.1 in their respective fields’:
University of Petro & Energy Studies (UPES College of Engineering Studies), Gyan Sagar Foundation
(Royal group of Institution), Para Medical Council of Gujarat, Skybird Aviation, St. Margaret
Engineering College, Mother Teresa Group of Colleges, Gomti Nandan Public School, Lingaya’s
Paradise Education Trust (Lingaya’s University), Karnataka Reddyjana Sangha (Vemana Institute of
Technology), Brundavan Educational Trust -Sampoorna Institution of Technology & Research, Mata
Gujri College, Sanskriti College, Sri Aravindar Education Center (Sri Aravindar Engineering College),
Chennais Amirta International Institute of Hotel Management, New Image Beauty Academy, Xavier
College of Hotel Management , Sri Sapthagiri Institute of Technolgy, Mahanadi Education Society
(Ritee Group of Institution), Subhas Bose Institute of Hotel Management (SBIHM), Frameboxx
Animation & Visual Effects, Dhanwantari ITI, M Star Institute of Hotel Management, Bagaria
Education Trust (Vivekananda Global University), J K Lakshmipat University, Skytech Technical
Training Foundation, Gandhi Institute Of Engineering & Technology, UCMAS (U C Mas Mental
Arithmetic), Dr Sahus PMT Biology Classes, MATS University, Teerthanker Mahaveer University, Kota
Study Circle, Sri Chaitanya IIT Academy, Bhavani/Aparna School of Nursing, IICHM School of
Computer, Atmiya Group of Institutions, Dr.A.P.J. Abdul Kalam Polytechnic College, Subhas Bose
Institute of Hotel Management (SBIHM), I.T.S The Education Group, Vijay Krishna College of Nursing,
Apollo Institute of Technology, SVGI Group of Institutions (Lord Venkateswaraa Engineering College
and Lord Ayyappa Institute of Engineering & Technology Kanchipuram Chennai), DAV College Trust &
MGMT Society (DAV Institute of Engineering & Technology), IIMT, Akash Animation Institute of
Multimedia and Visual, Pai Classes, Sona College of Technology, Jasoda Institute of Technology and
Management Science (JITMS), Bhabha Group of Institution, Academy of Indian Banking, Peoples
Education Society (PES Evening College), Parshi Training & Tech Service (Cad Desk India), Prolific
Training, Brain Bench, Vairabi Institute of Paramedical Sciences (VIPS), Bollineni College of Nursing,
Jan Shikshan Sanstha, International Institute of Design, Kalasalingam University Kalasalingam
Academy of Research and Education, Centurion University, Ratnam Coaching Centre, Sanjay Shiksha
Samiti (Apex institute of Engineering & Technology), Prolific Systems & Technologies Pvt. Ltd, Hi-
Tech Institute of Advance Technology, Alternative Learning Systems (ALS), Lords International
College, Dream Shapers & Climax Academy and National Institute Of Fire & Safety Engineering
(NIFSE).
OTHERS:
1. Digital Radio Broadcasting Limited (Mumbai) (Redtro 106.4 FM): It was concluded that
regardless of the disclaimer in the advertisement, the visual showing a boy hanging out of a
moving train shows a dangerous practice without justifiable reason, manifests a disregard for
safety and encourages negligence.
2. Fever 104 HT Media Ltd. (Fever 104 FM): The advertisement’s claims, “Bangalore's No.1 FM
Station!” and “1 > 2+3+4+5 -FEVER 104 Bangalore has more listeners than the combined
listenership of RED FM (No.2), Radio One (No.3), Radio Indigo (No.4) & Mirchi (No.5). Well
there is a reason we are called the BAAP”, were not substantiated and are misleading.
3. Berger Paints India Limited (Berger Express Painting): The advertisement’s claims, “You will
be amazed to see how the trained painters use the hi-tech sanding machines to scrape your
walls without any dust and use the automatic paining machines to paint the walls perfectly in
no time.” were inadequately substantiated with supporting evidence, and are misleading.
4. Polycab Wires Pvt. Ltd. (Polycab Cables & Wires): The advertisement’s claim, “25% Power
Saving”, was substantiated under the lab conditions, but the claim is not valid for a general
household. The claim is misleading by implication and exploits consumers’ lack of experience
and knowledge.
5. Trivago: The advertisement on Trivago of Hotel Hyatt, Kolkata claiming an offer of “Rs. 2601
with breakfast included”, is misleading and is a “Bait and switch” type activity as on the click
of the `view deal’ option, the consumer is directed to another hotel and not Hyatt. The
advertisement was grossly misleading.
6. S.C. Johnson Products P. Ltd. (All out 5 in 1): The advertisement’s claim of “Complete
Protection” was not adequately substantiated. Also, the claim of “New” was not substantiated
and is misleading.
7. Hitachi India Pvt. Ltd. (Hitachi A/C): The advertisement’s claim, “5 star forever”, was
inadequately substantiated and is misleading.
8. Vodafone India Ltd. (Vodafone HD Voice calling ad): The advertisement’s claim, “Enjoy life-
like sound with HD voice calls”, was inadequately substantiated and is misleading.
9. Su-Kam Power Systems Ltd.: The claims in the advertisement, “Largest Solar Rooftop
installations” and “India’s Most Trusted Brand”, were not substantiated with supporting proof
and with comparative data versus other industry players in the same category. Also, the TVC
is misleading by gross exaggeration and does not have appropriate disclaimers to indicate the
source of the research being referred to for the claims.
10. Amazon India (Moto G4 Plus): The advertisement regarding the contest was misleading by
omission of the mention of date of execution and the date of announcements of winners of
the contest. While Amazon asserts that they have complied with any obligation related to the
offer, they did not provide evidence of the customers who have benefitted from the said offer.
The advertiser has not stated clearly all material conditions so as to enable the consumer to
obtain a true and fair view of their prospects in such activities.
11. Idea Cellular Ltd. (IDEA 3G – Exclusive offers for TCS): The advertisement’s claim, “Unlimited
2G after free data usage”, is misleading by omission of the condition that the 2G data speed
is capped at 10kbps.
12. Nissan Motors India Pvt. Ltd. (Datsun redi-GO): The advertisement’s claim, “Datsun redi-Go
starting from Rs. 2.39 lakhs”, was not substantiated with supporting evidence of genuine
customers who have availed of this offer, and is misleading by implication.
13. Godrej Consumer Products Ltd. (Godrej Aer Pocket): The claim in the advertisement, “lasts
upto 30 days”, was not substantiated. The advertisement is also misleading by ambiguity as
the voice over (in Hindi) says, “Iski khushboo tike pure tees din” (“lasts for 30 days”).
14. Bharat Petroleum Corporation Limited: The claims, “Better Driving Experience”, “Lower
Maintenance Cost” and “Lower Emission", were substantiated for Speed in comparison to
ordinary petrol; however, in absence of description of the basis of comparison in the
advertisement, the claims were considered to misleading by ambiguity. Also in view of other
potentially better sources of energy being available for the vehicle over petrol and in absence
of any qualifiers, the claims “The Environment Friendly Fuel”, “Eco- Friendly Fuel for the
Health of Your Car and the Nature” are misleading by ambiguity and implication. Further, the
absolute claim “Go Green with speed” appearing with excessive emphasis on green colour
theme in the advertisement was misleading and not considered to be appropriate and
acceptable from environmental claims perspective.
15. D.K.Bhardwaj: The claims in the advertisements as translated into English, “Open challenge,
solution for all problems except death. 5000% guaranteed, effect begins within one
minute”, “A specialist in making you be with the desired male or female. Make your desired
female or male do whatever you desire by hypnotizing/controlling them”, “Get rid of the
other woman enemy. Teach a lesson to your enemies”, “If you want a love marriage, a quick
wedding, even if your girlfriend/boyfriend or parents don’t agree. Make your parents agree,
guaranteed”, “To hypnotize/control anyone or to break anyone's hypnotism/control”, “As
soon as the spell is cast, girlfriend, boyfriend, wife will come back running to you” and
“Lottery, Satta (gambling) specialist”, were not substantiated, and are misleading by gross
exaggeration. Also, the advertisement exploits the consumers’ lack of knowledge and is
likely to lead to grave or widespread disappointment in the minds of consumers.
16. Prameya News7: The advertisement’s claim to be the “No. 1 Odia News Channel” on the
basis of Average Time Spent or ATS (Viewer) while the fair basis of comparison would be
Gross Rating Points or GRPs ('000). A leadership claim can only be made on the basis of the
total time that all viewers spend on it, not the average time each viewer spends. It
misrepresents the leadership claim. While the period of comparison, week 15-32, and the
citation of BARC and the audience definition used, comply with BARC's Guidelines, the basis
of comparison is chosen in a manner that confers an artificial and misleading advantage
upon the advertiser.
17. Hindustan Pencils P. Ltd. (Apsara Pencil -SocialMediaDay Contest): Apsara Pencil ran a
contest on Twitter and informed that the participant (complainant in this case) had not
finished the step 1 process by not completing the hashtag - #ApsaraPencils……..whereas as
per the complainant, all the contest rules were followed. The advertiser also stated that
there were no winners for the contest as the necessary rules were not followed. However,
no data regarding overall contest participants or details as to why the complainant was
disqualified was provided by the advertiser. In absence of this data, the complaint was
considered to be valid and the advertisement contravened the ASCI Codes.
18. Lenskart: The advertisement’s claims, “We offer a unique Free Trial Service across India”, was
not substantiated with supporting evidence of the customers who have been benefitted by
this offer. Also, the claim is misleading, as based on the information provided by the
complainant, the advertiser is offering Frames on trial only in Delhi, Noida, and not across
India as claimed in their advertisement.
19. Levi Strauss (India) Pvt. Ltd: The “Flat 50% off” claim in the advertisement is misleading by
ambiguity as the discount is being calculated on a reference price which is inclusive of VAT
and VAT is in any case being added post discount. With respect to the disclaimer in the
advertisement, it was noted that a disclaimer should not attempt to correct a misleading claim
made in an advertisement.
About Advertising Standards Council of India (ASCI)
The Advertising Standards Council of India is a self-regulatory organization for the advertising
industry. Established in 1985, ASCI’s role has been acclaimed by various Government agencies. ASCI is
recognized under ‘The Cable Television Network Rules, 1994’ which states that ‘No advertisement
which violates the Code for self-regulation in advertising, as adopted by the Advertising Standard
Council of India (ASCI), Mumbai, for public exhibition in India, from time to time, shall be carried in
the cable service’. The Govt. bodies including The Department of Consumer Affairs (DoCA) and Food
Safety and Standards Authority of India (FSSAI) have partnered with ASCI to address all misleading
complaints as well as misleading advertisements in the Food & Beverage sector.
The Role and Functioning of the ASCI and its Consumer Complaints Council (CCC) is in dealing with
Complaints received from Consumers and Industry, against Advertisements which are considered as
False, Misleading, Indecent, Illegal, leading to Unsafe practices, or Unfair to competition, and
consequently in contravention of the ASCI Code for Self-Regulation in Advertising.
The Advertising Standards Council of India
For further information, please contact: The Advertising Standards Council of India Shweta Purandare, Secretary General, ASCI Phone: 91 22 2495 5070 / 91 9821162785 | Email: [email protected] Ketchum Sampark Public Relations Pvt. Ltd Pritu Hait Phone: 91 9987003160 | Email: [email protected]