ASCI Update: Complaints against 31 out of 81 ads upheld in December 2017

In December 2017, ASCI's Consumer Complaints Council (CCC) upheld complaints against 31 advertisements out of a total of 81 advertisements evaluated.

From the total of 20 advertisements picked by ASCI's suo moto surveillance, complaints against 18 advertisements were upheld. Of the 61 advertisements against which complaints were registered by the general public or by industry members, complaints against 13 advertisements were upheld by the CCC.

Amongst the above 31 advertisements, 13 belonged to the healthcare category, seven to the education category, three to the food and beverages category and eight 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 the advertisements were considered to be misleading by ambiguity or implication.

Among the various complaints, CCC observed that a realty service provider was giving misleading information with gross exaggeration on the discounts and exclusive deals to attract customers. Similarly, a couple of advertisers were claiming market leadership which was not conclusively proven.

Abanti Sankaranarayanan

Abanti Sankaranarayanan, chairman, ASCI, says in a press release, "ASCI has effectively strengthened the professional and ethical standards in the advertising industry. Our continuous focus is to deal effectively and accurately with the complaints received against misleading advertisements. An "Independent Review Process" under the chairmanship of Justice Mohit Shah, Former Chief Justice and Justice Dr S Radhakrishnan, Former Judge, Bombay High Court, was one such step that we took to further improve transparency for both, the advertiser as well as the complainant, to facilitate fair adjudication of complaints."

HEALTHCARE:

The CCC found claims of 13 advertisements in healthcare products or services to be either misleading or false or not adequately/ scientifically substantiated and hence, violating ASCI's Code. Some of the 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.

Balaji Ayurved Sansthan, Ayurnet Healthcare (Piles free), Orichem Drugs & Pharmaceuticals, (Zalim Lotion), Astha Clinic, Zenlabs Ethica (Zenivot Tonic and Capsules), Jaipur Ayush Clinic, Rediscover Clinic, Ayurwin Pharma (Nutrigain Range of Products) and (Nutrigain Range of Products), Herbal Creations (Herbo Gold Tulsi Power), Alkaline ionizers India (Life Ionizers), Medinn Belle Herbal Care (Endura Mass) and Ara Pharmaceutical Trade Company (Athiri Dia Care Herbal Tea).

EDUCATION:

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

IELTS Classes and Krishanam Classes.

Complaints against advertisements of all educational institutes listed below are upheld mostly because of unsubstantiated claims that they 'provide 100 per cent placement and or because of a misleading claim that they provide '100 per cent placement assistance and or they claim to be the No.1 in their respective fields'

Sapphire Global School, IMS Polytechnic, Akhil Institute of Hotel Management, BBN ITI, and New Rays Academy.

FOOD AND BEVERAGE:

Kamla Kant & Company LLP Pan (Rajshree Masala), Singhal Brothers (Saadar Supari) and Sheelpe Enterprise (Aava Mineral Water).

OTHERS:

Blue Star (Blue Star Air purifier), Kimberly Clark Lever (Huggies), Dishnet Wireless, Magicbricks Realty Services, M/s Salebhai Internet, Apollo Paints (Apollo Paints Aqua) and (Apollo Paints Eco Plus) and Corvi LED (Corvi Led Lights).