ASCI upholds complaints against 171 advertisements out of 247

In the month of January 2018, ASCI's Consumer Complaints Council (CCC) upheld complaints against 171 advertisements out of a total of 247 that were evaluated by the Council.

A total of 148 advertisements were picked up by ASCI's suo moto surveillance and objections against 130 advertisements were upheld. Of the 99 advertisements complained against by the general public or by industry members, complaints against 41 advertisements were upheld by the CCC. Out of the total 171 advertisements against which complaints were upheld, 118 belonged to the healthcare sector, 16 to the education sector, 10 to the food and beverages category, five to personal care and 22 were from the 'others' category. Gross exaggeration of product efficacy was the number one reason for upholding complaints followed by violation of the Drugs and Magic Remedies Act (DMR Act) and the Drugs and Cosmetics Rules (D&C Rules). The other reasons were failure to provide substantial facts and figures to support claims and delivering advertisements which were misleading by ambiguity or by implication.

Among the various complaints, the CCC observed that a prominent FMCG drug company was providing inadequate and misleading information about its products. Similarly, a popular food brand was found giving an incomplete and misleading comparison of its milkshake product. Furthermore, an advertiser claimed to cure various diseases like heart block, cholesterol problems, diabetes, obesity, eyesight issues, Alzheimer's, kidney function problems and thyroid issues with their product featuring an FSSAI logo, implying that the claims are approved by FSSAI. These claims, too, were found to be misleading by exaggeration.

Shweta Purandare

Shweta Purandare, ASCI secretary general, shares in this regard, "ASCI associates with Government bodies to ensure an effective self-regulation process. We have completed a year of our association with the Ministry of AYUSH. AYUSH is among the top three sectors where we find a high incidence of misleading advertisements. The advertisements in the AYUSH sector claiming treatment of certain diseases in violation of the Drugs and Magic Remedies Regulations have been a cause for concern. With support from the Ministry of AYUSH, we hope to change this scenario so that advertising is legal and ethical."

HEALTHCARE:

The CCC found the claims of 17 advertisements in the healthcare products or services category to be either misleading or false or not adequately/ scientifically substantiated; hence, in violation of ASCI Code. Some of the healthcare products or clinic 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 - Antarrashtriya Deepak K M Hospital, Nadi Vaidya Tomar Rahul, Jolly Healthcare (Jolly Vaseir Gel and Capsules), Dr. Dassan's life Care Ayurvedic Herbal Treatment and Research Centre (Kidney), Chaturbhuj Pharmaceutical Company (B-Gap contraceptive tablet), Wish Clinic (Wish Integrated Cosmetic Clinic), Sureksha Pharma (Kanthari Plus Capsules),ACU- AID, Pratiraj Herbal Pharmacy (Alpic Hair Oil), Lifespan Clinic India (Lifespan Diabetes Clinic), M. H. Javerian & Sons (Javerians Jivan Mixture), Om Sai Ayurveda India Limited, Brain DNA, and Reckitt Benckiser (India) Pvt. Ltd (Strepsils).

PERSONAL CARE:

Marico Ltd (Livon Hair Serum), Hindustan Unilever Limited (Dove Environmental Defence Shampoo), and Reckitt Benckiser (India) Pvt Ltd (Durex Condom).

EDUCATION

The CCC found that the following claims in the advertisement by one advertiser were not substantiated and thus, violated ASCI Guidelines for Advertising of Educational Institutions. Hence complaints against these advertisements were upheld - Think & Learn Pvt Ltd. (Byju's - The Learning App).

FOOD AND BEVERAGES

Kamal Kant and Company Llp (Rajshree Pan Masala), Puro Wellness Pvt Ltd (Puro Healthy Salt), Puro Wellness Pvt Ltd (Puro Healthy Salt), Puro Wellness Pvt Ltd (Puro Healthy Salt), Rasna International Pvt Ltd (Rasna Native Haat Honey), GlaxoSmithKline Consumer Healthcare Ltd (Horlicks), GlaxoSmithKline Consumer Healthcare Ltd (Horlicks Growth Plus), Cipla Health Ltd (Choco-bite), and INVENTZ Lifesciences Pvt Ltd (Headz Up tablets).

OTHERS

Hindware Home Retail Private Limited (Hindware Atlantic Water Heater), Dalmia Bharat Group, Indian Oil Corp Ltd (Servo Oil), Hindustan Unilever Ltd (Surf Excel Matic Liquid), Reckitt Benckiser (India) Pvt. Ltd (Harpic), Hindustan Unilever Ltd (Vim Bar), Samsonite South Asia Pvt Ltd. (Samsonite Bags), Viacom 18 Media P. Ltd (Voot app), Zee Entertainment Enterprises Ltd (Zee Business), Writemen Media Private Limited (Public TV), and Divya Shakti Group (Divya Shree Shakti)

SUO MOTO ACTION

The advertisements given below were picked up through ASCI's suo moto surveillance of Print and TV media via the National Advertisement Monitoring Services (NAMS) project. Out of 148 advertisements, a total of 130 were considered to be misleading. Of the 130 advertisements, 101 belonged to healthcare, 15 belonged to the Education category, one was from the Food & Beverage category, two from the Personal Care category, and 11 belonged to the "others" category.

HEALTHCARE

Lotus Herbals Limited (Lotus Herbals Youth RX), New Leaf, Masters Homeopathy, Arogyam Ayurvedic Hospital, NB Healthcare Pvt Ltd (Slim Now), Apollo Hospitals Enterprise Limited, Asian Bariatrics, Care Institute of Medical Science, MYO Fitness, Girme's Wheat Grass, Back & Neck Care, Eye-Q Vision Pvt Ltd (Eye Q Eye Hospital), Hair Fair Skin Clinic, Hi-Tech Sweet Water Technologies Pvt Ltd/ Hi-Tech New Life AA Plus, Perfect Point, Speedwell Botanical Pvt Ltd (Speedwell Botanical Range of Products - Perfekt Slim Tablets), Dr. Bindiya Holistic Health, Dr. Shah's Hair Clinic, and Hair Doc Trichology Hair Clinic.

PERSONAL CARE

Speedwell Botanical Pvt Ltd (Speedwell Botanical Range of Products Tripura Herbal Hair Oil) and

Amar Products India (Collegian Cream).

EDUCATION

The CCC found that the following claims in advertisements by 15 different advertisers were not substantiated and thus, violated ASCI Guidelines for Advertising of Educational Institutions. Hence complaints against these advertisements were upheld - S K Educations Pvt Ltd, ASM Group of Institutes, Kautilya Academy, and Zorba A Renaissance Studio.

Complaints against advertisements of all educational institutes listed below are upheld mainly because of unsubstantiated claims that they provide 100 per cent placement or because of misleading claims that they provide 100 per cent placement assistance or they claim to be the No. 1 in their respective fields - Information Technology Research Centre ITRC, Shree Krishna Institute of Teachers Training, Meera Private ITI, VLCC Institute, MVM Suma Institute of Nursing Sciences, IBT Institute Pvt Ltd, Junior DPS, Dashmesh Academy, Ambition Law Institute, Apollo College of Veterinary Medicine, and Siddhi Vinayak Institute of Technology and Sciences.

FOOD & BEVERAGE

Ruchi Soya Industries (Sunrich Sunflower Oil)

OTHERS

Bajoria Pvt Ltd Appliances Water (Kutchina Purifier), Natraj Aatamaker, Authoriseddealer.com, Sri Om perfumery - (Sri Om perfumery agarbatties), Eurofobes Tech Pvt Water Ltd Water (Eurofobes Purifier), Milcent Appliances Pvt Ltd (Domestic Electric Flour Mill), ETA General Private Limited (General Tropical Innovation Series AC), MRF Ltd & MRF Tyres Services (T&S),Franchise India Holdings Ltd - Businessex.com, Bosch Home Appliances (Bosch Washing Machine) Pvt Ltd, and One Mobikwik Systems Pvt Ltd (Mobikwik).