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ASCI upheld complaints against 62 out of 97 Advertisements

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Mumbai (Jan. 27, 2015): In December 2014, ASCI’s Consumer Complaints Council (CCC) upheld complaints against 62 out of 97 advertisements. Out of 62 advertisements against which complaints were upheld, 40 belonged to Personal and Healthcare category, followed by the Education category with 11 advertisements.

          HEALTH AND PERSONAL CARE:
The CCC found the following claims in health and personal care product or service advertisements of 40 advertisers 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. Procter & Gamble Home Products Ltd (Pantene Total Damage Care Shampoo & Conditioner): The advertisement of Pantene Total Damage Care Shampoo & Conditioner claims that 3, 50, 00,000 women got the proof of Pantene’s Split-end protection. The figure of repeat usage of 3, 50, 00,000 users substantiated by the survey does not prove that the users actually got the proof of Pantene’s split-end reduction.
  2. Vicco Laboratories (Vicco Turmeric Skin Care): The advertisement of Vicco Turmeric Skin Care claims to be the only safe and natural skin cream. The CCC concluded that the claims in the advertisement of “A cosmetic cream for my skin? No..Never!! Only ‘Safe and Natural’ “, is misleading by implication and denigrates cosmetics creams.
  3. Rich Feel Trichology Centre (RichfeelAnagrow): The advertisement of RichfeelAnagrow claims treatment of illness which leads to hair-loss by the use of RICHFEEL TST+. The illnesses include thyroid, stress, postpartum, PCOD and dieting.
  4. Capvar Healthcare (Faceon Fairness Cream): The advertisement of Faceon Fairness Cream claims to be No1. Brand recommended by doctors.
  5. No End Pharma (No End Power Capsules): The advertisement of No End Power Capsules claims “No End of energy & passion”. They further claim to be a mixture of ayurvedic herbs, which keeps the energy and pep in one’s body intact with no side effects. The advertisement also claims that one will experience a feeling of new youth, enthusiasm, energy and passion within a week’s time.
  6. ShugreenAmrut Drops / DaibinashChurna: The advertisement of ShugreenAmrut Drops / DaibinashChurnaclaims to be a new discovery for diabetes patients, enabling them to now enjoy sweets without calories and any side effects. They also claim to be an alternative to sugar prescribed by a doctor. The advertisement further claims to be a zero calorie product, and also one such GMP certified product, which does not lead to increase in one’s sugar levels even on regular consumption, instead they claim that one will get the nutrition of the sugar and one’s blood pressure level will also become normal.
  7. Super Height: The advertisement of Super Height claims to be the best medicine which increases height speedily, with 2 times faster results than usual. They claim to be an ayurvedic medicine made completely of herbs, to increase one’s height byupto 5 inches in 3 months, with full money refunded if no benefits are found. It also claims to be the “World’s No.1 product which increases height with speed now in India after Japan, China, America and Russia.”  
  8. Dr. A's Clinic: The advertisement of Dr. A’s Clinic claims "Award Winning Hair Transplants", and "Global Indian of the year award 2014 presented by Her Excellency Smt. Pratibha Devi Singh Patil".
  9. RG Stone Urology & Laparoscopy hospital: The advertisement claims to be a pioneer of Siemens Lithotripsy in India.  The advertiser did not provide the registration details of the doctors associated with the Hospital.  The advertisement is soliciting patients and shows a picture of a doctor promoting the Hospital which is in violation of the Medical Council of India (MCI) Code of Medical Ethics Regulation, Clause 6.1.
  10. Dr. Ram Sarup Sharma Clinic: The advertisement of Dr. Ram Sarup Sharma Clinic claims to successfully treat 100 patients naturally. It also claims to be a USA-FDA approved treatment for chest pain andheart attackwithout pain and hospitalization. Thy further claim that one doesnot have to go through bypass surgery and angioplasty. 
  11. Identity Wellness Centre Pvt. Ltd (Truweight): The advertisement of Truweight claims to be a nutrition based program which attacks seven root causes of obesity. They claim to be experts in nutrition, with over 25 qualified dieticians and have helped over 5000 people successfully to lose weight. The advertisement further claims to be a 100%natural treatment with no pills and no machines.
  12. Laborate Pharma India Limited (Labolia Fair & Light for Men): The advertisement of Labolia Fair & Light for Men claims instant fairness. It also claims seven way action through which one gets fairness. 
  13. JM Wellness Private Limited (B-Healthy): The advertisement of B-Healthy claims to be healthy and provideessential nutrition for men. With the power of 29 micronutrients, it claims to boost immunity, build stamina, protect the heart, improveeyesight, stimulate the brain, regulatecholesterol level, improve fertility, preventmicro-nutrient deficiencies and reducehair-loss and premature graying.
  14. Ayurwin Pharma Private Limited (Nutrigain Range of Products): The advertisement of Nutrigain Range of Products claims that one can gain body weight and look strong and fit. They further claim “Nutrigain+ - Beneficial due to herbal combination”, “Ayurvedic Proprietary Medicine”.
  15. GM Pharmacy (GM Pharmacy Range of Products): The advertisement claims that the product Sadabaharis a harmless ayurvedic medicine that successfully treats diabetes.
  16. Params Pharma (Krissh Hair Oil): The advertisement of Krissh Hair Oil claims to erase all harmful effects of dyes. It also claims to be 100% ayurvedic with “Badam Rogan”, to treat hair related problems like hairfall, dandruff, split-ends, baldness, itching and blacken grey hair. 
  17. Maxmarline Pharmaceuticals (Pariceff Cream & Gel): The advertisement of Pariceff Cream & Gel claims to make skin spotless and fair. It also claims to help in treating skin problems like wrinkles, dark circles and burn marks.
  18. Health Sanctuary: The advertisement of Health Sanctuary claims 3 days weight loss challenge through C – lipolysis without any pain, injection, surgery and side effects. The advertisement also claims that one can lose upto 20-25 cm and upto 4kg through C-Lipolysis from abdomen, hips, thighs and arms. It further claims instant double chin removal. The advertisement states  that the treatment is “Clinically Proven”, ”Losing Weight has never been so Easy, Fast and Safe” and claims to provide an Anti-Ageing procedure to reverse one’s ageing process by Mesolift.
  19. Enhance Clinic: The advertisement of Enhance Clinic claims they are the top hair transplant and cosmetic surgery experts in Faridabad. Also, the advertisers were unable to provide the credentials of the doctors.
  20. AG Herbs (Singapore) PTE Ltd (OPTM Health Care): The advertisement of OPTM Health Care claims “OPTM stops the degradation of the muscles”. According to the experience of Phyto Therapy “it cures all the types of joint pains and also at a cellular and Molecular level.”, “One bright name in the world of molecular Pain research OPTM, they claim to move forward with a dream of painless world in 2020.” and “According to tests and reports 42 days therapy of OPTM diseases like Osteoarthritis can be properly treated and it leads to a good result.”
  21. CK Birla Hospitals (The Calcutta Medical Research Institute): The advertisement of The Calcutta Medical Research Institute claiming free checkup was false and misleading by omission in the absence of appropriate disclaimers.
  22. General Mills India P. Ltd (Pillsbury Fridge Cheesecake): The advertisement of Pillsbury Fridge Cheesecake disparages a healthy diet of vegetable saladsas the advertisement states “sadahua salad”.
  23. Suyash Pharmaceuticals Private Limited (Sizer Oil): The advertisement of Sizer Oil claims to be 100% ayurvedic with no side effects.Also, the advertisement’s claims, read in conjunction with the visual, imply that the product is meant for enhancement of sexual pleasure, which is in breach of the law as it violates The Drugs & Magic Remedies Act.
  24. Chetan Clinic: The advertisement of Chetan Clinic states ‘Fit Dikhe, SehatBanaye’. The advertisement, read in conjunction with the visual, claims that the medicine is made completely from Ayurvedic herbs, has no side effects and results can be seen in 10 days.
  25. Aman Clinic: The advertisement of Aman Clinic claims permanent cure of STDs, night fall, premature ejaculation, thinness and crookedness of the penis, and cure  for semen in urine.
  26. Indore DiabeticSpeciality Center: The advertisement of Indore DiabeticSpeciality Center claims weight loss  of 3 to 12 kg,  with an absolutely safe and natural treatment, in a month without any surgery and side effects. 
  27. Max Healthcare Institute Ltd (Max Hospital): The advertisement if Max Hospital claims to save an ill heart in just 45 minutes, which appears to be false and misleading by omission, in the absence of appropriate disclaimers. 
  28. Prem Henna Pvt. Ltd (Nisha Color Sure): The advertisement of Nisha Color Sure claims that the product contains avocado oil which protects, strengthens and replenishes the hair. It also claims nourishment and protection ofdamaged hair. The advertisement further claims “Superior Damage Protection” “Long Lasting” and “Hair looking healthier and younger”.
  29. Health Total: The advertisement of Health Total claims pertaining to the celebrity testimonial of Vivek Oberoi in the website advertisementwas not substantiated. 
  30. Makewell Pharmaceutical (Japani Capsule Range): The advertisement of Japani Capsule Rangeclaims it is 100% ayurvedic. It also has a testimonial of Dr. Dhirendra Chauhan which claims that - Japani-F Capsule for women and Japani-M Capsule for men gives them a unique feeling. He “prescribed it to my patients and even to them who did not suffer from any problem to get complete happiness and they all were satisfied”. He further claims the product iseffective from the first day. Also, the advertisement’s claims, read in conjunction with the visual and the pack visual, imply that the product is meant for enhancement of sexual pleasure, which is in breach of the law as it violates The Drugs & Magic Remedies Act.            
  31. GlamupSkincure Treatment Center: Theadvertisement ofGlamupSkincure Treatment Center claims guaranteed treatment to stop hair fall without medicine within 15 days.
  32. Spemento / Swapandoshantak Capsule: The advertisement of Spemento / Swapandoshantak Capsule claims successful treatment of problems like nightfall, thinness of semen, sexual weakness, premature ejaculation, burning sensation in urine and sexual diseases. Also, specific to the claims related to the treatment of sexual impotency and the pack visual, the advertisement was in breach of the law as it violated The Drugs & Magic Remedies Act.
  33. Krishna Herbal: The advertisement of Krishna Herbal claims successful treatment of weakness due to mistakes in childhood, smallness of penis, looseness, premature ejaculation, nightfall, impotency, semen in urine, reduced sperm count. The advertisement also claims to gain health in just 15 days.
  34. AarogyaPeeth: The advertisement ofAarogyaPeethclaims natural cure for diseases like paralysis, joints pain, depression, piles, insomnia, obesity, motor neuron disease, bronchitis, chronic fatigue, diabetes, arthritis, gastric problem, sexual problems, etc. The advertisement claims to cure diseases without medicines, pain and side effects. It also states, “Acharya Ram Gopal Dixit - Neurotherapy health consultant at president estate clinic” and “Neurotherapy is an Ancient Indian scientific therapy with proven results.”
  35. Unique Permanent Hair Loss Cream: The advertisement of Unique Permanent Hair Loss Cream claims to get rid of unwanted hair permanently with the help of a cream by using it only twice. It also claims that the cream is 100% ayurvedic, with no side effects.
  36. HL Hahnemann Lab (JacOlivol Body Oil): The advertisement of JacOlivol Body Oil claims to be a unique invention of Ayurveda.  It further claims that the oil contains lanolin, olive oil and is enriched with herbal extracts of arjuna, daruharidra, manjistha, neem, etc. which gives lovely, supple, blemish-free skin. On dry skin, this oil claims to be more effective than conventional moisturizers.
  37. Hasham Manji PadamshiSurmawalla (K-Veda Power Kalaunjiprash Gold): The advertisement of K-Veda Power Kalaunjiprash Gold states “Experience improved youthful performance with Kalaunjiprash Gold with Shilajit”, “Regular consumption of Kalaunjiprash Gold brings masculine power and new life strength. Enjoy the power to perform and enjoy life” and “No Side Effects. Also, the advertisement’s claims, read in conjunction with the visual, imply that the product is meant for enhancement of sexual pleasure, which is in breach of the law as it violates The Drugs & Magic Remedies Act.
  38. Biogreen Healthcare (BiogreenJapakusum): The advertisement of BiogreenJapakusum claims “To stop hair-fall”.The visuals of before and after the treatment, shown in the advertisement were misleading.
  39. Galaxy Bio-care (Knight Rider): The advertisement of Knight Rider claims to work and fight against mosquitoes even when there is no electricity for several hours which was misleading.
  40. Sumaya Herbs (Madhumeha Vijay Capsules): The advertisement of Madhumeha Vijay Capsules claims to be an effective medicine for controlling sugar. It further claimed that it is a mixture of PramehGajKesari which acts insulin.

 

EDUCATION:
The CCC found following claims in the advertisements by 11 different advertisers were not       substantiated and, thus, violated ASCI Guidelines for Advertising of Educational Institutions. Hence complaints against these advertisements were UPHELD.

  1. Career Launcher (CAT Coaching): The advertisement of Career Launcher claims "910 CL students got IIM calls from Delhi/NCR alone”, was not substantiated.
  2. Aachi Institute of Management & Entrepreneurial Development: The advertisement claims job guarantees with a salary of Rs. 4 Lakhs per annum.
  3. BhanwarRathore Design Studio: The advertisement of BhanwarRathire Design Studio claims to have the highest selection record as compared to any coaching institute in India.
  4.  Career Launcher (CAT Test Series Program): The advertisement of Career Launcher claimed “No.1 CAT test series program”, “Closest to CAT Test series - on the new CAT pattern”, “Best rated test series by students”, “true percentile predictor enabled test series”, “CL was also the only player to predict accurately the change in pattern and the even the likely dates!”, were not substantiated.

 

Complaints against advertisements of all educational institutes listed below were UPHELD because of unsubstantiated claims that they ‘provide 100% placement/AND/OR they claim to be the No.1 in their respective fields’:

Chanakya Coaching Classes, Era Business School, National Institute of Computer Education Pvt. Ltd (NICE), Sailors Maritime Academy, Vikas Classes, La Excellence and Crux Academy.

 

E- COMMERCE

  1. Jasper Infotech P. Ltd (Snapdeal.com): The advertisement of Snapdeal.com states “1+2 years of warranty valid with Videocon KC50FH (50) Full HD LED Television.”, distorts facts and was seen as misleading.

 

NEWS CHANNELS

  1. TV 18 Broadcast Ltd (CNN-IBN) – The advertisement depicts a see-saw which has CNN IBN at one side shown with a big number 1,  out weighing all the other channels depicted with numbers 2, 3, 4 and 5 on the other side of the see-saw. The CCC concluded that the negative portrayal of image of other channels is misleading by implication and disparaging to other competitor channels.
  2. INX News P. Ltd (INX News): The advertisement claims that News X is India’s No.1 English News Channel.  The source and date of the research / assessment for the claim was not indicated in the advertisement

 

AUTOMOBILES

  1. Ceat Ltd (Ceat Tyres): The advertisement shows “a girl driving a car while talking to a relative seated in the back seat” and portrayal of the characters in the advertisement is contrary to the message intended to be conveyed, encouraging negligence and not safety.
  2. Hyundai Motors India Limited (Hyundai Grand i10): The advertisement of Hyundai Grand i10 shows the car whichdid not have the registration number displayed in front of the car.  The advertisement is in breach of the law as it violated The Indian Motor Vehicles Act.
  3. Hyundai Motors India Limited (Hyundai Grand i20): The advertisement of Hyundai Grand i20 did not have the registration number displayed on the front of the car, whilst they were shown being driven on the road. The advertisement is in breach of the law as it violated The Indian Motor Vehicles Act.
  4. Hyundai Motors India Limited (Hyundai Xcent): The advertisement of Hyundai Xcent did not have the registration number displayed on the front of the car, whilst they were shown being driven on the road. The advertisement is in breach of the law as it violated The Indian Motor Vehicles Act.
  5. Bajaj Auto Ltd (Bajaj Discover): The advertisement of Bajaj Discover has visuals showing “people on motorcycles, driving in a zig-zag manner, cutting lanes on the highway and also driving parallel in groups”, encourages dangerous practices and manifests a disregard for safety and is in violation of traffic rules.

 

OTHERS

  1. Reliance Industries Ltd (Reliance Digital) – The advertisement of Reliance Digital claims “zero down payment",  was misleading by omission, as the customer has to pay the processing fees applicable for purchasing the products, which is not mentioned in the advertisement.
  2. Livewel Aviation Services: The advertisement ofLivewel Aviation Services was misleading by omission as it does not mention that the candidates have to first enroll for a training program and pay the training fee applicable for the course.
  3. Da Gems (India) Pvt. Ltd: The advertisement of Da Gems (India)which claims it is India’s No.1 jeweller which was not substantiated.