asci ccc recommendations: july 2016 asci … for enhancement of sexual pleasure and the claims...

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ASCI CCC Recommendations: July 2016 ASCI UPHELD COMPLAINTS AGAINST 134 OUT OF 183 ADVERTISEMENTS Mumbai, October 17 th 2016: In July 2016, ASCI’s Consumer Complaints Council (CCC) upheld complaints against 134 out of 183 advertisements. Out of 134 advertisements against which complaints were upheld, 44 belonged to the Healthcare category, 44 to the Education category, followed by 24 in the Food & Beverages category, 8 in Personal Care Category and 14 advertisements from other categories. HEALTH CARE The CCC found the following claims of 44 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. American Instrument: The Advertisement’s claims (in Hindi), as translated into English, “Are you disappointed with a small penis. American penis enlarger free. Get rid of small, thin crooked penis and make it thick, hard and firm. Improve your sperm count, infertility, premature ejaculation, firmness, nightfall, childlessness can be cured and increase your sex time by 30-45 minutes with energetic oil, excitement capsule, 16GB memory card free. Money back guarantee”, were not substantiated and are misleading by gross exaggeration. Also, the claims related to the product benefit read in conjunction with the advertisement visual implies that the product is meant for enhancement of sexual pleasure and the claims related to treatment of infertility, childlessness’. This is in breach of the law as it violated The Drugs & Magic Remedies Act. 2. Japani Instrument: The advertisement’s claims (in Hindi), as translated into English, “Are you disappointed with a small penis? Get Japanese penis enlargement instrument free. As soon as you use Japanese penis enlargement instrument you can make your penis longer, thicker, weak topo firm and stronger. Increase your sex time from 30 to 45 minutes. Nightfall, premature ejaculation, infertility, impotency, low sperm count and childlessness can be cured. 45 days course for an artificial vagina and artificial penis. 100% guarantee. No side effects”, were not substantiated and are misleading by gross exaggeration. Also, the claims related to the product benefit read in conjunction with the advertisement visual implies that the product is meant for enhancement of sexual pleasure and the claims related to treatment of childlessness. This is in breach of the law as it violated The Drugs & Magic Remedies Act. 3. Nurture Healthcare (Ayurex-S Vitality Capsules): The advertisement’s claim (in Hindi) as translated into English, “It’s the right of every Man, to lead a happy married life”, “For Men only”, “Vitality Capsule”, “If you are worried about low, excessive weakness, then consume AYUREX-S capsule and with its help, do the work successfully with the capacity and power”, “My Wife says

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ASCI CCC Recommendations: July 2016

ASCI UPHELD COMPLAINTS AGAINST 134 OUT OF 183 ADVERTISEMENTS

Mumbai, October 17th 2016: In July 2016, ASCI’s Consumer Complaints Council (CCC) upheld complaints against 134 out of 183 advertisements. Out of 134 advertisements against which complaints were upheld, 44 belonged to the Healthcare category, 44 to the Education category, followed by 24 in the Food & Beverages category, 8 in Personal Care Category and 14 advertisements from other categories.

HEALTH CARE The CCC found the following claims of 44 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. American Instrument: The Advertisement’s claims (in Hindi), as translated into English, “Are you

disappointed with a small penis. American penis enlarger free. Get rid of small, thin crooked

penis and make it thick, hard and firm. Improve your sperm count, infertility, premature

ejaculation, firmness, nightfall, childlessness can be cured and increase your sex time by 30-45

minutes with energetic oil, excitement capsule, 16GB memory card free. Money back guarantee”,

were not substantiated and are misleading by gross exaggeration. Also, the claims related to the

product benefit read in conjunction with the advertisement visual implies that the product is

meant for enhancement of sexual pleasure and the claims related to treatment of infertility,

childlessness’. This is in breach of the law as it violated The Drugs & Magic Remedies Act.

2. Japani Instrument: The advertisement’s claims (in Hindi), as translated into English, “Are you

disappointed with a small penis? Get Japanese penis enlargement instrument free. As soon as

you use Japanese penis enlargement instrument you can make your penis longer, thicker, weak

topo firm and stronger. Increase your sex time from 30 to 45 minutes. Nightfall, premature

ejaculation, infertility, impotency, low sperm count and childlessness can be cured. 45 days

course for an artificial vagina and artificial penis. 100% guarantee. No side effects”, were not

substantiated and are misleading by gross exaggeration. Also, the claims related to the product

benefit read in conjunction with the advertisement visual implies that the product is meant for

enhancement of sexual pleasure and the claims related to treatment of childlessness. This is in

breach of the law as it violated The Drugs & Magic Remedies Act.

3. Nurture Healthcare (Ayurex-S Vitality Capsules): The advertisement’s claim (in Hindi) as

translated into English, “It’s the right of every Man, to lead a happy married life”, “For Men only”,

“Vitality Capsule”, “If you are worried about low, excessive weakness, then consume AYUREX-S

capsule and with its help, do the work successfully with the capacity and power”, “My Wife says

I am more energetic than Before”, “In some days my married life has become exciting and happy,

thanks to Ayurex-S”, were not substantiated with product efficacy data, and are misleading by

exaggeration. Also, these claims when 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.

4. Nurture Health Care (Ayurex NDX): The advertisement claims (in Hindi) as translated into English,

“Consume Immediately, Ayurvedic Capsule for Effective Stamina” and “Guaranteed Difference for

U!” were not substantiated with product efficacy data, and are misleading. Also, the 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.

5. Nurture Health Care (Bgainer Capsule): The advertisement’s claims, “With Bgainer Capsule-

Gaining Weight Made Easy”, “Bgainer capsule a unique and effective Ayurvedic product that helps

gaining weight by balancing metabolism which in turn helps absorbing calories” and “If you are

underweight, try Gainer capsule with balanced diet and regimen and attain a well-proportioned

body in few months”, were not substantiated with evidence of product efficacy, clinical data and

are misleading by exaggeration.

6. D.S. Research Centre: The advertisement’s claim, “Cancer is beatable now, thanks to Ancient

Ayurveda based treatment”, was not substantiated with clinical evidence, and is misleading. Also,

specific to this claim implying treatment/cure for Cancer, the advertisement is in breach of the

law as it violated The Drugs & Magic Remedies Act.

7. SBS Biotech Unit II (More Power Capsules): The advertisement’s claims (in Hindi) as translated

into English, “More Power Capsules - No.1 Herbal Medicine from 7 years for Stayed

development”, “Village-Village, City-City, Country-Country everyone got results”, consumer

testimonials, were found misleading. Also, specific to the claims implying treatment for height

increase, the claim, “Village-Village, City-City, Country-Country everyone got results” read in

conjunction with the various photographs shown, and the pack visual, the advertisement is in

breach of the law as it violated The Drugs & Magic Remedies Act.

8. Heart Care: The advertisement’s claims, “99% Success Results, thousands of patients benefited,

beneficial even if angioplasty & bypass surgery fails” and “American Heart Association and FDA

Approved Treatment”, were not substantiated with supporting proof. Further, the claims, “New

and Improved Successful Treatment of Heart Blockage and Weak Pumping Power”, “Successful

Latest Treatment of Heart Blockage without Operation” and “More Advance than Bypass &

Angioplasty”, were not substantiated with clinical evidence. Also, these claims were considered

to be misleading by exaggeration. Specific to the claims related to successful treatment of heart

diseases, the advertisement is in breach of the law as it violated The Drugs & Magic Remedies Act.

9. Krishna Hospital: The advertisement claims (in Hindi) as translated into English state, “Special

kidney stone treatment without operation”, “15000 Successful operations till now” and “No

Operation” was misleading by ambiguity as the advertiser did not provide any supporting data to

prove that 15000 patients were successfully treated. Specific to the claims related to successful

treatment of kidney stones, the advertisement is in breach of the law as it violated The Drugs &

Magic Remedies Act.

10. CELL Gen Anti- Ageing Centre: The advertisement’s claims, “We have successfully treated cases

of diabetes Mellitus Type I and II, kidney diseases with creatinine up to 4 to 6, all types of psoriasis,

osteoarthritis and rheumatoid arthritis, liver diseases, various cosmetology therapies & general

anti-ageing treatments for Rejuvenation (kayakalpa)”, were not substantiated with clinical

evidence, and are misleading. Also, specific to the claims related to successful treatment of

diabetes, kidney diseases, the advertisement is in breach of the law as it violated The Drugs &

Magic Remedies Act.

11. Rahat Herbal Care: The advertisement claims (in Hindi) as translated into English, “Successful &

complete treatment of Venereal Diseases, Premature Ejaculation, Weakness in Nerves, Nightfall,

Discharge, Weakness in penis due to childhood mistakes, Minuteness in size, Thinness, Lack of

sperm in the semen” and “Freedom from Sexual Diseases”, were not substantiated and are

misleading. Also, the claims read in conjunction with the advertisement visual are in breach of

the law as it violated The Drugs & Magic Remedies Act.

12. Amil Pharmaceuticals (India) LTD (BGR-34 Capsules) : The advertisement’s claim, “BGR-34, an

Ayurvedic Drug that cure Type 2 Diabetes Mellitus without any side effects”, was not

substantiated with product efficacy data, and is misleading. Also, specific to the claims related to

cure of Type 2 Diabetes, the advertisement is in breach of the law as it violated The Drugs & Magic

Remedies Act.

13. New Life Cancer Care : The advertisement’s claims (in Gujarati), as translated into English,

“Successful treatment for cancer without operation, Mouth, tongue, jaws, throat, lungs, liver,

chest, uterus, brain tumour and any type of cancer or tumour, Successful treatment with

medicines only”, were not substantiated with clinical evidence, and are misleading. Also, specific

to the claims related to successful treatment for cancer, the advertisement is in breach of the law

as it violated The Drugs & Magic Remedies Act.

14. Astir Organic (Zabila): The claims in the advertisement states, “Add colour to life with ZABILA”,

“The Only Solution for Tiredness, Stress, Weakness, Reluctance, Loss of Energy, Lack of Power”,

“Weakness Due to Lifestyle”, “Weakness in Female”, “100% Natural” and “100% natural & safe”,

with product efficacy data, and are misleading. Also, the claims, referring to weakness in females

and reluctance, 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.

15. Saaol Heart Centre: The advertisement’s claims (in Hindi) as translated into English, “Successful

treatment of more than one lakh heart patients without operation”, was not substantiated with

supporting proof and clinical data for the treatment claimed. Also, the claim is misleading by

exaggeration. Specific to the claims related to successful treatment for heart, the advertisement

is in breach of the law as it violated The Drugs & Magic Remedies Act.

16. Synthiko Exports Pvt. Ltd. (Only Me Spray): The claim in the advertisement (in Hindi) as

translated into English states, “Enjoy Life to the Fullest”, was not substantiated with product

efficacy data, and is misleading. Also, the claim, “Enjoy Life to the Fullest”, when 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.

17. Benda Acupuncenter Slimming Centre : The advertisement’s claims (in Hindi) as translated into

English, “Reduce obesity, increase height”, “Successful treatment of paralysis”, “Health benefits

by instant treatment through chini method”, “Cerebral Palsy, Down Syndrome, Mongols”,

“Children suffering from these diseases do not have control over their hands, feet or neck”, “Cure

for slow physical & mental growth and development, slow learner, stammering, short temper and

bedwetting”, were not substantiated with clinical evidence, and are misleading. Specific to the

claims implying treatment for obesity, increase in height, and claims related to successful

treatment for paralysis, the advertisement is in breach of the law as it violated The Drugs & Magic

Remedies Act.

18. Dr Chaitanya S Patel’s Skin Care Clinic: The advertisement’s claim, “World’s first”, was not

substantiated with supporting proof. Also, the claims, “Natural & Successful Treatment -

Leucoderma, Psoriasis”, “100% Natural”, “Satisfaction 100% Guaranteed”, were not

substantiated with clinical evidence. Also, the claims are misleading by exaggeration. The visuals

showing the images of before and after the treatment was misleading. Specific to the claim

related to successful treatment of Leucoderma, Psoriasis, the advertisement is in breach of the

law as it violated The Drugs & Magic Remedies Act.

19. Shree Baidyanath Ayur Bhawan (Baidyanath Virya Shodhan Bati): The advertisement’s claim (in

Hindi), “stambhan Shakti badhati hai” i.e. “to hold on” which in the context of sex implies

enhancement of sexual pleasure which is in breach of the law as it violated The Drugs & Magic

Remedies Act.

20. Rajnish Hot Deals Pvt. Ltd (Play Win Capsules and Oil): The claims in the advertisement (in Hind)

as translated in English, “If because of your age you find decrease in stamina, then don’t worry.

Playwin capsules help you regain lost stamina and enjoy your sexual life even more than you did

in your youth”, were not substantiated with product efficacy data, and the claims are misleading.

Also, the claims related to the product benefit read in conjunction with the advertisement visual

imply that the product is meant for enhancement of sexual pleasure, which is in breach of the law

as it violated The Drugs & Magic Remedies Act.

21. Rajnish Hot Deals Pvt. Ltd. (Play Win Capsule): The claims in the advertisement, “Play Love

Games with PlayWin”, were not substantiated with product efficacy data, and the claim is

misleading. Also, the claim read in conjunction with the advertisement visual and pack visual of

a couple 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.

22. Rajnish Hot Deals Pvt. Ltd. (Pia Lo Herbs Capsule): The advertisement’s claims (in Hindi), as

translated into English, “As Pia Lo Herbs Capsule Is Prepared from Effective Herbs; It Is More

Effective than Any Other Capsule”, “Fast Relief” and “Escape from Operation”, were not

substantiated with proof of efficacy of the product, and are misleading by exaggeration. Specific

to the claims implying treatment for Piles, the advertisement is in breach of the law as it violated

Schedule J of The Drugs and Cosmetic Act, 1940 and Rules, 1945.

23. Dr Asma Herbals (Pygo-9 Capsules & Tubes): The advertisement’s claims (in Hindi), as translated

into English, “Get Relief from Piles” and “Avoid Operation” were not substantiated with

supporting data and are misleading. Also, specific to the claim implying treatment/cure for Piles,

the advertisement is in breach of the law as it violated Schedule J of The Drugs and Cosmetic Act,

1940 and Rules, 1945.

24. Shree Hari Clinic: The advertisement’s claims (in Hindi) as translated into English, “Without

operation” and “Successful treatment of stone, piles and tumour”, were not substantiated with

clinical evidence, and are misleading. Specific to the claims related to successful treatment for

stone, tumour, the advertisement is in breach of the law as it violated The Drugs & Magic

Remedies Act. Also, specific to the claims related to successful treatment for Piles, the

advertisement is in breach of the law as it violated Schedule J of The Drugs and Cosmetics Act,

1940 and Rules, 1945.

25. Luna Pharma (Jambola Liquid): The claims in the advertisement (in Marathi), as translated into

English, “Take two spoons morning and evening and keep your body healthy and disease free

always” and “23 herbs will safeguard you from many illnesses” referring various benefits, in

particular – benefits related to immunity, physical debility, sleep disorder, skin diseases, eye

problem, diabetes, chronic fever, liver problems, jaundice were not substantiated with proof of

efficacy of the product, and are misleading by exaggeration.

26. Medinn Belle Herbal Care (Endura Mass): The advertisement’s claims, “Endura Mass is India's

leading weight gainer. It has helped millions of underweight people to gain the right weight” and

“Gain Weight, Stay Fit.”, were not substantiated and are misleading by exaggeration.

27. Medinn Belle Herbal Care (Endura Mass): The claims in the advertisement, “With Millions of

Happy Customers India's most trusted and favourite weight gainer for years”, “Endura Mass is

India's leading weight gainer”, “It has helped millions of underweight people to gain the right

weight”, were not substantiated and are misleading.

28. Adila Biotech Pvt. Ltd. (Aloe Vera Juice): The advertisement’s claims, “Immune Booster” and

“Reduces Heart Attacks”, were not substantiated with clinical evidence for the product, and the

claims were misleading.

29. Butterfly Ayurveda Pvt. Ltd. (Butterfly Tea): The advertisement’s claims for SUPRABHAT CHAI

(Good Morning Tea), “Cognition Enhancer Tea: Improves Concentration and Immunity”, for RATRI

CHAI (Night Time Tea) Relaxing Tea-Caffeine Free, “Strengthens memory & learning abilities,

Alleviates muscle spasms” were not substantiated with any clinical data and are misleading.

30. SKS Ayurveda Impex Pvt. Ltd.: The advertisement’s claims (in Hindi), as translated into English,

“Over the years doing research on Ayurveda is a certified company that has found the Medicine

which reduce flabbiness and accumulated fat in children, women and men and give right shape.

It has no side effects”, “No weakness after using this medicine. After 90 days use of this Medicine

you will see yourself that you have reduced your five to 35 kilograms weight otherwise get your

money back”, were not substantiated with authentic supporting data and are misleading.

31. Alfa Wellness Herbals Pvt. Ltd.: The advertisement’s claims (in Hindi), as translated into English,

“Alfa Wellness - Reduce Weight Without Surgery”, “3-10 kg only in 30 days”, “Effective in

Hypothyroid, Diabetes, PCOD, Hyper Tension and for Children, too”, were not substantiated with

supporting clinical evidence and are misleading. Also, the visual showing the image of before and

after the treatment was considered to be misleading.

32. Apple Therapeutics (apifil-m): The claims on the pack insert state that the product is not to be

used for children below two years; however, the promotional material carries images of babies

and is misleading by implication. The promotional material also is likely to encourage negligence

regarding use of the product.

33. The Body Care Slimming & Beauty Clinic for Men & Women: The advertisement claims, “Stay

slim forever without dieting”, “reduce six to eight centimetres from tummy, hips and thighs. Long

Standing”, were not substantiated with supporting evidence, and are misleading. Also, the claim

of efficacy being depicted via images of before and after the treatment is misleading.

34. Ayushman Healthcare (Dot Six Tablet): The advertisement’s claims (in Hindi) as translated into

English, “No Side Effects” and “1 tablet gives relief from unwanted pregnancy for 6 months”, were

not substantiated with product efficacy data and were grossly misleading.

35. Chungath Clinic: The advertisement’s claim, “US FDA Approved Cryolipo & I-Lipo”, was not

substantiated. The claim support data was considered to be inadequate as the advertiser has

provided explanation about their techniques, but have not substantiated the claims. In addition

the claims, “Obesity Solutions for All” and “For Effective Fat Reduction”, were not substantiated

with clinical evidence. Also, these claims along with the visual in the advertisement were

considered to be misleading.

36. Naturoveda Health World: The advertisement claims, “Our Mission, Healthy Indian 3, 00,000 till

now!!”, “Naturoveda till date, in Kolkata alone has treated more than three lakh patients through

natural methodologies” and “The best in the field of natural treatment”, were not substantiated

with supporting proof. Also the claim, “Best Ayurvedic and Unani Clinic 2009 / 2014” was not

considered as an award to be acceptable as there was no rationale for this award to be presented

to the organization and it was not clear as to how the advertiser was chosen to be the best. Also,

the award was not current and not relevant as claim support for claiming to be “the best”. Further

the claim, “Knee Pain can be Effectively Eradicated”, was not substantiated with proof of efficacy.

Also, these claims were considered to be grossly misleading.

37. Amplifon India Pvt Ltd. (Hearing Aid & Hearing Care): The advertisement claims, “World’s

largest” ” was not substantiated with data comparing the market share of the advertiser versus

other similar companies and is misleading by exaggeration. Also the claim, “Over 200 Clinics with

experienced Audiologists” was inadequately substantiated and is misleading. Further the claim,

“free Aftercare for Lifetime” is misleading by omission of the condition i.e. mention of the

chargeable part is missing.

38. Deltas Pharma (Deltas Pancha Tulasi Drops): The advertisement’s claims (in Hindi) as translated

into English, “Elimination of bacteria from drinking water” and “Increase immune capacity” were

not substantiated with proof of product efficacy as per the dilution indicated in the advertisement

(15 drops in 10 litres of water) and are misleading.

39. Digamber Medimart Pvt. Ltd. (D Brain Capsule): The claims in the advertisement, “Live a tension

free life - D Brain Ayurvedic Medicine is beneficial in heaviness in the head, lack of sleep because

of stress, irritation, getting angry frequently, lack of tolerance power. D Brain corrects any type

of mental stress, fatigue due to mental efforts, mental trauma and keeps the mind peaceful”,

were not substantiated with product efficacy data, and are misleading. Also the claim, “Digamber

Medimart Pvt Ltd has found in a research that 99% People in the Country are Leading a Stressful

Life”, was not substantiated with authentic reference and is misleading by exaggeration.

40. Amlaya Herbals (Amlaya Anti-Ageing Powder): The advertisement’s claims (in Hindi) as

translated into English, “At the age of 55 have childlike skin”, “It neutralizes the effect of age on

your skin”, “One best ayurvedic tonic and rejuvenator, which helps to reduce wrinkles and

removes extenuation”, “It is full of anti-oxidant, iron, vitamin c, and other vitamins, which keeps

your skin fresh for years and years” and “It reduces vitamin and blood deficiency and increase

immunity power and is useful in blood pressure, diabetes and heart diseases”, were not

substantiated with product efficacy data and are misleading by exaggeration.

41. Phool Life Healthcare Pvt. Ltd. (Denguria Tablets): The advertisement’s claims, “Excellent

Medicine for Dengue” and “Indications: Dengue, Typhoid, Viral Fever”, were not substantiated

and are misleading.

42. Devgon Pharmaceuticals (Sehat Plus Capsule and Tonic): The claims in the advertisement,

“Removes Weakness and Tiredness”, “Gives 5 Benefits - Provides Nutrition - Better Immunity -

More Stamina - Restores Energy - Proper Growth”, “Keeps You Physically Fit & Mentally alert”,

were not substantiated with evidence of product efficacy, and are misleading. The claim, “An

Ayurvedic Health Tonic Trusted & Recommended by Doctors”, was not substantiated with data

specific to doctor recommendations, and is misleading.

43. Alopecia Treatment Center: The claims in the advertisement, “100% Natural & safe treatment”,

“No oral pills, no side effects” and “20 Years of clinical research”, were not substantiated and are

misleading.

44. TVC Life Sciences Limited (Quit T): The claims in the advertisement (in Hindi) as translated in

English, “Quit Alcohol On your own”, “Millions of people left intoxication with Quit T and leaving

a happy and healthy life”, were not backed with supporting data. Also, the claims, “After using

Quit T 4-5 weeks person will leave alcohol and tobacco forever. With the use of second pack of

Quit T persons liver and heart cells which is affected by alcohol and tobacco, start getting

resurrected”, were not substantiated with efficacy data of the product. Also, the claims are

misleading by exaggeration.

FOOD & BEVERAGES:

1. Bonn Nutrients Pvt. Ltd. (Bonn Nu Health Bread): The advertisement’s claim (in Hindi) as

translated into English, “With calories low as 40 cal/slice” was not substantiated and was

misleading by implication.

2. Sonia Honey: The claims in the advertisement “Sonia Honey scored the highest on the main

parameters of honey purity in a recent analysis of all Indian branded and unbranded honey”

and “Sonia Honey The perfect natural Sweetner is: Anti-Aging, Anti- Cancer”, were not

substantiated and are misleading.

3. VM Health Products (BP- Salt): The claims in the advertisement, “BP-SALT”, “To Prevent &

Control- High BP, Diabetes, Obesity, Overweight, Excess Body Fluids.”, “To Prevent- Heart

Attack, Stroke, Kidney Failure, Kidney Stone, Cancer- Stomach, Osteoporosis.”, “To Reduce

the Medicine to the minimum/Nil.” and “Endowed with Enormous Health Benefits, Tasty”

were not substantiated with product efficacy data, and are misleading.

4. KP Group (Kamla Pasand Pan Masala): The advertisement features Rajneesh Duggal – a

celebrity from the field of entertainment for a product which has a health warning “Pan

Masala is injurious to health” and which cannot be purchased or used by minors. Minors are

very likely to be exposed to the advertisement. The celebrity in the advertisement would have

a significant influence on minors who are likely to emulate the celebrity in using the product.

The advertisement contravened Chapter III.2 (e) of the ASCI Code, which specifically states

that Advertisements “Should not feature personalities from the field of sports and

entertainment for products which, by law, require a health warning such as “Panmasala is

injurious to health” in their advertising or packaging.”

5. G. K. Tobacco Co. Pvt. Ltd. (Zafri Pan Masala): The visual of a “women pillion rider without a

helmet” as depicted in the advertisement of Zafri Pan Masala shows violation of traffic rules

and also is an unsafe practice.

6. Klf Nirmal Industries (P) Ltd. (KLF Coconad Natural Coconut Sugar): The claim in the

advertisement, “Lower Glycemic Index* than ordinary sugar makes it a healthier alternative

to ordinary sugar” and “with no side effects” was inadequately substantiated, and is

misleading.

7. Pitrashish Marketing Entertainment Ltd. (Jamun Vineger): The claims in the advertisement

(in Urdu), as translated into English, “Beneficial in the Sugar problems”, “Controls Obesity”,

“Purifies the blood”, “Removes Constipation”, “Increases appetite”, “Brings glow to the face”,

“Reduces the swelling”, “Helpful in Urine infection”, were not substantiated with clinical

evidence or proof of efficacy for the product, and are misleading.

8. Mahesh Oil Industries (Saloni Edible Oil): The claims in the advertisement (in Bengali), as

translated into English, “Reduces Heart Problems by 70%” and “It has omega 3 which reduces

the risk of cancer”, were not substantiated with clinical evidence or proof of efficacy for the

product, and are grossly misleading.

9. Sri Hari Agro Industries (Engine Sunflower Oil): The advertisement’s claim, “Most Trusted

Brand” was not substantiated and is considered to be misleading.

10. Royal Bee Natural Products Pvt. Ltd. (Royal Bee Slim Honey): The advertisement’s claims,

“Reduce weight up to 3KG per Month”, “Improve Body Efficiency”, “Weight Loss”, “Natural

Glow and Clear Skin”, “Instant Energy”, “Increase immunity”, “Better Digestion”, “Made with

mixture of herbs”, “Reduces weight and keeps healthy” and “No side effects” were not

substantiated with proof of efficacy of the product, and are misleading. Also, the visual on the

pack is misleading by implication that use of the product induces weight loss.

11. Coconut Development Board (Coconut Milk Product): The advertisement’s claim,

“Introducing the Miracle Drink that boosts immunity” has not been substantiated with

evidence of how consumption of CBD’s Coconut Milk shake enhances immunity of consumers

in general and of those easily susceptible to common diseases. Also the phrase, “The Miracle

Drink”, was considered to be misleading by exaggeration. Further the claims in the

advertisement, “Ideal Drink with antimicrobial properties”, “Rich source of antioxidants”,

“Anti-Viral, Anti-bacterial and Anti-fungal” and “Store house of vitamins B, C and E.” were not

substantiated and are misleading.

12. GHCL Ltd (i-FLO Salt): The advertisement’s claims, “Premium Iodised Salt with Herbal Extract”,

“I-FLO SALT CONTAINS Turmeric: An anti-inflammatory, antibacterial and antioxidant,

Cardamom: Good for digestion, Kutaja: Antimicrobial, Malabar Nut: Good for Respiratory

disorder, Ginger: Contains Vitamin B6, Long Pepper: Better Cardiovascular Health, and various

other herbs” and “Healthy Replacement for Iodized Salt”, were not substantiated with any

technical data and evidence of product efficacy. Also, these claims as well as claims,

“Consume Less Salt. Use Herbal Salt” and “Add a pinch of good health, every time” are

misleading by ambiguity and implication.

13. M.K Agrotech Private Limited (Sunpure Sunflower Oil): The advertisement’s claim, “Protect

Your Heart with Natural Oryzanol in Sunpure”, was not substantiated and is misleading by

implication as the reference of oryzanol benefits pertain to Rice Bran oil and have not been

established for the advertised product i.e. Sunflower oil..

14. Sheelpe Enterprises (Aava Natural Mineral Water): The advertisement’s claim, ““Every bottle

of Aava saves 2 bottle of water” was not substantiated and is misleading by ambiguity and

implication that other water sourcing options would waste 70% or more water. Further, the

claim, “Protects against mineral and vitamin deficiencies” was not substantiated. This claim

was also misleading by ambiguity regarding the specific minerals and vitamins being referred

to in the advertisement. Also the claim in the advertisement, “India’s most certified Natural

Mineral Water” was not substantiated adequately and is misleading by exaggeration.

15. Cargill India Pvt. Ltd. (Gemini Cooking Oil): The advertisement’s claim (in Marathi) as

translated into English states, “….Keeps you and your family healthy for a year”, was not

substantiated with proof of efficacy of the product, and is misleading by exaggeration.

16. Shyam Oil Mills (Sona Sikka Refined Oil): The claims in the advertisement, “Health Benefits:

Controls levels of cholesterol - Cancer prevention - Blood pressure - Boosts Immune System”

given along with the product visuals are misleading by ambiguity and implication.

17. Miracle Alkaline Water: The advertisement’s claims (in Kannada), as translated in English, “To

control obesity, cancer, diabetes, acidity and arthritis by drinking Miracle Alkaline Water”, and

“Anti- Aging, Anti-Oxidant, Anti-Hangover”, were not substantiated with supporting clinical

data specific to the product, and are misleading by gross exaggeration.

18. Sunnah Enterprises (Jamun Vinegar): The claims in the advertisement, “Homemade

treatment for Sugar patients”, “Beneficial in sugar related problems”, “Prepared from Methi,

Ashwagandha, Nagori and jamun honey that gives you energy naturally. Helpful in the Joints

pain”, “Other Medicines harms you. As the sugar patients are weak, these other medicines

make them weaker. So use this product and stay fit and healthy”, were not substantiated with

clinical evidence or proof of efficacy for the product, and are misleading.

19. TGB Bakers n Confectioners Pvt. Ltd. (TGB Cakes n Bakery): The claim, “Cancer Free” is

misleading by ambiguity as while the product could be Potassium Bromate free it cannot claim

to be Cancer free.

20. Buzz Live Foods (Pelicana DD Drinker’s Drive): The advertisement claims (in Hindi), as

translated into English, “Pelican DD - Reduces the acidic elements in the blood - Stops the cells

and weak organs from getting affected - Removes the hang over, body pain and fatigue -

Reduces the amount of Alcohol in the blood (BAC level)”, “A sure shot medicine to correct the

harm caused due to alcohol – Pelicana DD”, 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 consumer regarding alcohol intake. The claims, “International

Recognized”, and “Approved by Indian and Worldwide Research Centres”, were not

substantiated with supporting proof, and are misleading.

21. Mushroom World Ayurved & Food Pvt. Ltd. (Mushroomex Mushroom Powder): The

advertisement’s claims (in Hindi), as translated into English, “India's best Mushroom Health

Powder” and “India’s No. 1 Leading Ayurvedic Product for Weight Gain”, were not

substantiated with comparative data versus other similar products in the same category.

Further the claim, “More than 8 lakh people benefitted”, was not substantiated with authentic

evidence. Also, the claim, “Beneficial in keeping away debility Permanently”, was not

substantiated with proof of efficacy of the product. Also, these claims were considered to be

misleading by gross exaggeration.

22. Medinn Belle Herbal Care (Endura Mass): The advertisement claim, “India's most trusted and

favourite weight gainer for years”, was not substantiated with comparative data versus other

similar products in the same category, and is misleading by gross exaggeration.

23. M.K Agrotech Private Limited (Sunpure Sunflower Oil): The advertisement’s claim, “For

Stronger Heart & Healthy Body”, was not substantiated and was misleading.

24. Green Life Pharma (Stevita): The advertisement claims (in Hindi), as translated into English,

“Completely without any side effect”, “Controls High Blood pressure”, “Controls Obesity”

and “Protects from Heart Disease, kidney diseases, dental and skin diseases”, were not

substantiated with clinical evidence for the product efficacy, and are misleading by gross

exaggeration.

PERSONAL CARE:

1. Himalaya Company (Himalaya Facewash): The advertisement’s claim in Hindi, “Isme hai neem

aur haldi ki kudrati achchai Jo aapko har tarah ki skin problems se suraksha de” (“This has the

goodness of neem and haldi that gives you protection from every skin problems”) was not

substantiated with product efficacy data, and the claim is misleading by exaggeration.

2. Gillette India Ltd. (Gillette Vector): The advertisement’s claim offers, “Save Rs. 30/- in

comparison to Vector 2s pack”, is misleading by omission of a disclaimer to mention the exact

price comparison with the post price increase of the product.

3. Hindustan Unilever Ltd. (Axe Deodorants): The advertisement’s claim, “When it gets hot, the

fragrance is boosted”, was not adequately substantiated with consumer perception data, and is

misleading by implication.

4. Glaxosmithkline Consumer Healthcare Ltd. (Sensodyne Toothpaste): It was noted that the

source and date of research and criteria for assessment for the claim, “Worlds No. 1 sensitivity

toothpaste”, was not indicated in the TVC. In addition, the supers in the Hindi TVC were not in the

same language as the audio of the TVC, they were not legible, and the hold duration of the supers

was short. The TVC also contravened the ASCI Guidelines for Supers.

5. X-Men Instant Fairness Cream: It was noted that the fairness improvement benefit claim in the

TVC (in Hindi) of X-Men Instant Fairness Cream was depicted by transformation of skin tone and

seen in conjunction with the other claims, “Instant fairness” and “Isme hai active whitening

peptide ki Shakti jo dull skin aur dark spots se laday”, was not substantiated and is misleading by

exaggeration. Also, the visual showing the transformation of the model’s face from dark to fair is

misleading and contravened Clause 2 of the ASCI Guidelines of Advertising for Skin Lightening or

Fairness Improvement Products (“The pre- and post-product usage visuals of model/s using

special effects should not be dramatized or exaggerated so that efficacy depicted is not drastically

different than what can be delivered by the product.”)

6. Natures Essence Pvt. Ltd. (Nature’s Sun Ban Sunscreen Lotion & Cream): The claims in the

advertisement, “Nature's Essence Sunban Gold Spf-30, 40, 60”, and pack claim, “SPF 40 PA++”,

were not substantiated.

7. Proveda Herbal Pvt. Ltd. (Tbc Sun Screen Cream SPF 30 & Sun Screen Face Wash): The

advertising claims, “12 Hr Protection UVA - UVB Broad Spectrum”, “Water Resistant, Sweat

Free”, “A Natural Way To Protect Your Skin From Natural Sun Rays”, Pack claim, “SPF 30+”, “Sun

Screen Face Wash”, were not substantiated with evidence of product efficacy and were

misleading.

8. Ruturaj Ayurvedic Gruh Udyog (Ruturaj Range of Products): The advertisement claims (in Hindi)

as translated in English, “There are 100s of oil in the market but only Ruturaj gives 99.9% Result”,

was not substantiated with product efficacy data. Also, the claim is misleading by exaggeration

and implication that other oils in the same category do not give any results.

EDUCATION:

The CCC found following claims in the advertisements by 44 different advertisers were not substantiated and, thus, violated ASCI Guidelines for Advertising of Educational Institutions. Hence complaints against these advertisements were UPHELD.

1. Guru Nanak Institute of Management: The advertisement’s claims, “Highest Salary Package:

8 Lakhs” and “Average Salary Package: 4.5 lakhs”, were not substantiated with evidence to

prove that the students have availed the claimed salary packages, and the claims are

considered to be misleading by exaggeration.

2. Dhruva College of Management: The claims in the advertisement, “Highest Salary Package: 8

Lakhs” and “Average Salary Package: 4.5 lakhs”, were not substantiated and was misleading.

3. Biju Patnaik Institute of Information Technology & Management Studies: The claims in the

advertisement, “Placement Percentage- 2013: 95%, 2014: 96%, 2015: 97%”, 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). Also, the claims are considered to be

misleading by omission of the details of batch size for which the claim would hold.

4. Think &Learn Pvt. Ltd. (BYJUs Classes): By using the claim in the advertisement, “IMS Cat

Coaching - Learn tips & tricks from Toppers”, it was noted that the advertiser was misusing

the name of IMS and is grossly misleading.

5. Think & Learn Pvt Ltd (Byju’s Classes): The advertisement’s claim, “India’s #1 Institute for civil

service preparation”, was not substantiated with comparative data versus other similar

institutes. Further, the claims, “5 Rank in top 50”, “14 Ranks in top 100” and “162 Ranks in

the final list”, were not substantiated with supporting proof of the rankings claimed in the

advertisement nor any independent audit or verification certificate. The claims are misleading

by exaggeration.

6. Allen Career Institute: The claim in the advertisement, “Most trusted Coaching institute for

IIT-JEE in India”, was not substantiated with comparative data versus other similar institutes.

Also, the claim is misleading by exaggeration.

7. Chennais Amirta International Institute of Hotel Management: The claims in the

advertisement, “placement with 10000 monthly salary” and “foreign job placement”, were

not substantiated with relevant data (such as detailed list of students who have been placed

through their Institute, contact details of students for verification, enrolment forms, the batch

size of the students per year, and appointment letters received by the students) nor any

independent audit or verification certificate.

8. IMS Engineering College: The claim in the advertisement, “Globally Recognised As “Best

Brand-2015 (Engineering)”, was misleading by ambiguity and omission as the source and date

of reference was not indicated in the advertisement.

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’

ICA Infotech (ICA Industrial Accountant), Institute of Health Management Research (IIHMR),

International Institute For Special Education, Mount Zion College of Engineering, Sahyadri College

Engineering Management, Toc H Institute of Science & Technology, GITAM School of Technology,

Haldia Institute of Technology, International School of Management, IMS Business School Institute Of

Management Study, Rajdhani College of Engineering & Management, Easy Entrance Coaching Classes,

North Eastern Regional Institute of Management, Gourav Inst Of Management Sc, DPC Institute of

Management, Jagan Institute of Management Studies, Apeejay Education Society (Apeejay Institute

of Mass Communication), Brilliant Computer Education, Aptech Limited (Arena Animation), TCY

Learning Solutions Pvt. Ltd. (Better Think), IBT Pvt. Ltd. (IBT Calicut), Marian Academy of Management

Studies, Footwear Design and Development Institution, Universal Group of Institutions, Jain

International Residential School, Sabita Devi Education Trust (Brainware University), MIET Group of

Institution, Chennais Amirta International Institute Of Hotel Management, University of Petroleum &

Energy Studies, The Glocal University, Indian Aviation Academy, Impact College, Shree H. N. Shukla

College of Management Studies, Ajay Kumar Garg Engineering College, IIMT Group of College and

Narayana group of Schools.

OTHERS:

1. Mahindra & Mahindra Ltd (Mahindra Supro Maxi Truck and Mahindra Maxximo Plus): The

advertisement of Mahindra Supro Maxi Truck and Mahindra Maxximo Plus showcases the

vehicle offered at a discounted price in exchange of their competitor’s vehicle ‘Tata ACE’. The

comparisons made in the advertisement were not factual and were not substantiated and is

are misleading. Also, the comparisons made were likely to mislead the consumers about the

product advertised and with which it is compared.

2. Vikrant Tantrik: The claims in the advertisement (in Hindi), “Specialist :- Intercaste love

marriage, vashikaran, sautan dushman se chutkara, manchaha vashikaran karwana aur

thudwana, manchahi shaadi karwana aur thudwana, pyar mein dokha, gharwalon ko

mannana, kaalejaado se pareshan”, “3850 intercaste love marriage case solve”, “1400 rute

premi premika, pati patni ko mannana”, “2200 vashikaran case solve” and “100% solution in

privacy”, were not substantiated, and are misleading by gross exaggeration. Also, the

advertisement exploits consumers’ lack of knowledge and is likely to lead to grave or

widespread disappointment in the minds of consumers.

3. Baba Alam Pasha Bangali: The advertisement’s claims, “Call and Get solution. 100%

Guaranteed solution within 3 Hrs”, “Problem solved by seven strength of Elam”, “Baba Alam

Pasha Give 1st priority to his Guarantee. Problem Like: Business, Forgin Tours, Love Affairs,

Husband and Wife Queries, Real Estate Divorce, Inter Caste Love Marriage, Family Dispute,

Court Case, Sickness, Woman Enemy etc” and “Specialist in Vashikaran & Muthkarni”, were

not substantiated and are misleading by gross exaggeration. Also, the advertisement exploits

consumers’ lack of knowledge and is likely to lead to grave or widespread disappointment in

the minds of consumers.

4. Chemmanur International Jewellers: The claims in the advertisement, “Rs. 6000 crore oxygen

city from Chemmanur International Jewellers”, “Largest township in Kerala, sprawling across

62 acres” and “Job Opportunities for 29000 people”, were not substantiated, and are

misleading. Also, the advertisement is misleading as the features mentioned in the

advertisement are subject to approvals from respective authorities.

5. Sarovar Hotels Pvt. Ltd. (Eat Your vegetables day contest): the advertiser did not provide

any details regarding the modality of the contest (details of the contest, process followed,

details of winners etc.) to prove that the “Eat your Vegetable contest” is genuine and the URL

of the contest provided by the advertiser was not accessible. The contest was misleading by

omission of the mention of date of execution and the date of announcements of winners of

the contest. The advertiser has not stated clearly all material conditions so as to enable

consumers to obtain a true and fair view of their prospects in such activities.

6. Living Media India Ltd. (India Today Spice Watch Special): The advertisement shows a visual

of a half-naked woman holding a watch in her hands in an indecent and vulgar manner. The

advertisement objectifies women and is likely in the light of generally prevailing standards of

decency and propriety, to cause grave and widespread offence. Also, in the context of an

advertisement for watches, the deliberate use of such visual is distasteful.

7. Fena Limited (Fena Washing Powder): The claim, “India's No. 1 Quality Detergent” was not

substantiated for the advertised product and the advertisement is misleading by ambiguity as

the product advertised is for Rs.50/- whereas the claim, “India's No. 1 Quality Detergent” is

quoted in the report for category (MRP range) of Rs.43-48/-. Furthermore, the advertised

product states that it is "New" whereas the product tested is as per the Consumer Voice report

is of July 2015.

8. Bharti Airtel Ltd. (Airtel): The advertisements claim, “Kyunki sahi ghalat saamne aane se hi

banta hai sabse best network” is incorrect and is misleading by implication as the “best

network” connotes many parameters associated with the performance for which different

service providers have to compared. “Transparency” of communication providing input for

improvement does not necessarily make any network the best.

9. Midas Electronics Pvt. Ltd. (Midas LED Lights): The claims in the advertisement, “Energy

Saving 90%” and “3 Years Life Span” were not substantiated with technical data and are

misleading.

10. Policy bazaar Insurance Web Aggregator Private Limited (Policybazaar.com - Bike

Insurance): The advertisement portrays as if a consumer can choose when to renew a lapsed

policy and is misleading consumers to believe that they need not worry about lapsed policies.

The advertisement is also encouraging negligence as well as trivializing violation of law.

Contrary to the advertiser’s explanation that the TVC is not guaranteeing instant online

insurance with immediate effect, the TVC is misleading by implication that a consumer would

be saved from police trouble with the online policy option.

11. Policy bazaar Insurance Web Aggregator Private Limited (Policybazaar.com - Bike

Insurance): The advertisement portrays as if a consumer can choose when to renew a lapsed

policy and is misleading consumers to believe that they need not worry about lapsed policy.

The advertisement is also encouraging negligence as well as trivializing violation of law. The

advertisement is misleading by implication that a consumer would be saved from police

trouble with the online policy option.

12. Tata Teleservices Ltd (Tata Docomo): The advertisement’s claim, “Rs. 68 - Local/STD Mobile

calls at 30p/min”, is not substantiated and is misleading by ambiguity about the conditions

under which this claim is tenable or exclusion criteria for which this offer is not available.

13. Shaikh Akbar Khan Bangali: The advertisement’s claims, “Problem solved 100% in 1 hours”,

“Special in: Business Loss, marriage, relief from co-wife, health problem but medicines not

effect, visa, job education, husband & wife problem, home, film career, property case’s,

children, one stop center for all problems solution at here” and “If anybody can compete my

work I will give you 11 lakhs, Nobody can beat me”, were not substantiated, and are

misleading by gross exaggeration. Also, the advertisement exploits consumers’ lack of

knowledge and is likely to lead to grave or widespread disappointment in the minds of

consumers.

14. Ajnara India Ltd.: The features/facilities claimed in the advertisement, “Provision for rain

water harvesting”, “club house blue orchid”, “Solar lighting for common areas”, “business

centre along with Wi-Fi”, “24*7 soft water supply” and “video Door phone”, were not

substantiated. It may also be noted that the advertisement complained against is of August

2010 and the advertiser has not provided the features mentioned in the advertisement /

brochure till date, which grossly misleads consumers.

About Advertising Standards Council of India (ASCI)

The Advertising Standards Council of India is a self-regulatory organization for the advertising industry

and is celebrating its 30th anniversary this year. 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]