ASCI upholds complaints against 89 advertisements out of 162

In April 2018, ASCI’s Consumer Complaints Council (CCC) upheld complaints against 89 advertisements out of the total of 162 advertisements that were evaluated by the CCC.

Out of the total 89 advertisements against which complaints were upheld, 24 belonged to the healthcare sector, 34 to the education sector, 20 to the food & beverages category, two to the personal care and nine were from the ‘others’ category. A total of 101 advertisements were picked up by ASCI’s suo moto surveillance, wherein 31 cases were informally resolved as advertisements were voluntarily withdrawn and objections against 68 advertisements were upheld. Of the 61 advertisements complained against by the general public or by industry members, 12 cases were informally resolved wherein the advertisements were voluntarily withdrawn and complaints against 21 advertisements were upheld by the CCC.

ALSO READ: ASCI Update: Complaints against 232 out of 305 ads are upheld

Exaggeration of product efficacy was the number one reason for upholding complaints. The other reasons included providing facts and figures which were inadequate to substantiate claims, exploiting consumers’ lack of knowledge, claims which were misleading by gross exaggeration and delivering advertisements which were misleading by ambiguity or by implication. This was followed by violations of the Drugs and Magic Remedies Act (DMR Act) and the Drugs and Cosmetics (D&C) Rules and advertisements which contravened various ASCI guidelines.

Among the various complaints against advertisements, the CCC observed that a popular smartphone company was found to unethically attract customers by claiming the biggest sale ever in the history of India. Several advertisements used logos of AYUSH or FSSAI in their communication which was considered to be inappropriate as all AYUSH products in the market are required to have approval from the State Licensing authorities and calling it out separately as a claim, is misleading by implication that Ministry of AYUSH or FSSAI has approved the product efficacy/ claims made in the advertisement.

Shweta Purandare“ASCI’s work in monitoring Print and TV advertisements for the AYUSH sector has also been recognized by the Parliamentary Standing Committee on Health & Family Welfare. The committee was of the view that collaborative efforts of the ministry, along with the DoCA, MIB and State Governments, have certainly given results as misleading advertisements, with respect to AYUSH drugs, which have been unregulated so far, have been controlled to an extent. ASCI’s inclusion in the AYUSH’s empowered committee earlier this year is a reflection of regulators’ recognition of ASCI’s consistent efforts to curb misleading advertisements” says Shweta Purandare, secretary general of ASCI.

A total of 24 advertisements were complained against in the healthcare segment. While direct complaints include five advertisements, suo moto surveillance by ASCI, picked up 19 advertisements complained against. In personal care, a total of two advertisements complained against were direct complaints.

Twenty advertisements were complained against in the food and beverages segment. Direct Complaints were made against five advertisements while suo moto surveillance by ASCI picked 15 advertisements.

The Education segment drew a Total of 34 advertisements. Direct Complaints were made against four advertisements. Suo Moto Surveillance by ASCI picked 30 advertisements,

A total of nine advertisements were complained against in the others segment of which direct complaints were made against five advertisements and the rest were picked via Suo Moto Surveillance by ASCI.

DIRECT COMPLAINTS:

FOOD AND BEVERAGES:

Mobius Foundation/ Ayurvet Limited (Antibiotics in Chicken), All India Poultry Development and Service. Perfetti Van Melle India Pvt. Ltd (Chupa Chup Sour Strip and Sour Bite), Oshun Food Products Private Ltd (Native Milk), Nutravo Lifecare Pvt Ltd (Nutralyfe Garcinia Cambogia Herbs).

HEALTHCARE:

Jolly Healthcare (Jolly Vaseir), Shape in Slimming Centre, Aura Weight Loss Clinic, A R Ayurveda Pvt. Ltd (Ashwa Shakti powder), Greek Retail P. Limited (Refollium Capsules),

PERSONAL CARE:

The Himalaya Drug Company (Himalaya Youth Eternity under Eye Cream), The Promen.in (Promen Lip Lightener)

EDUCATION:

LegalEdge Tutorials, National Institute of Fire & Safety Engineering (NIFSE), National Academy Of Fire and Safety Engineering (NAFS), Fortune Computer Academy

OTHERS:

Xiaomi Logistics, Magicon Impex Pvt Ltd (Jivi Mobiles), Yamaha Motor Pvt Ltd (Yamaha FZ), Walter Bushnell (Uriliser), Tata Steel Ltd (Tata Pipes)

SUO MOTO Surveillance by ASCI

FOOD & BEVERAGE:-

Swad Food Products (Swad Adatt Matta Rice), Flipbald Health and Wellness Products (Flipbald De-addiction Powder), Flipbald Health and Wellness(Flipbald De-addiction Powder), Flipbald Health and Wellness (Flipbald Green Coffee Beans and Forme Oil), Flipbald Health and Wellness Products (Flipbald De-addiction Powder) Ganga Milk Foods (Ganga Shahi Kheer), Anil Foods (New Range of Millet Vermicellis), Super Salt Pvt Ltd (Top Line Activ Natural Salt), Super Salt Pvt Ltd (Top Line Activ Natural Salt), Super Salt Pvt Ltd (Top Line Activ Natural Salt), Bhopal Sahakari Dugdha Sangh (Sanchi Milk), Saboo Sodium Chloro Limited (Surya Salt), Paras Mushroom.

HEALTHCARE:-

Slim N Slender, Olivia Skin & Hair Clinic, Sah Hospital, ILS Hospital, Ranjeet Goswami Memorial Homeopathic Hospital, Aesthetica Implant Clinics Dental, Rediscover Clinic, Lotus Slimming Centre Pvt Ltd (Figure First), Dr Paiwal Physiotherapy Clinic, D.S Research Centre, Kaya Komal Avleh, Naturoveda India Pvt Ltd Naturoveda Health World, Naturoveda India Pvt Ltd (Naturoveda Health World), Arogyam Ayurvedic Centre (Allergy Rakshak Range of Products, Ayurwin Pharma Private Limited (Nutrigain Plus Range of Products - Capsules & Powder) Ayurwin Pharma Private Limited (Nutrigain Plus Range of Products - Capsules & Powder) Flipbald Health & Wellness (Flipbald De-addiction powder) Flipbald Health & Wellness (Flipbald De-addiction powder), Flipbald Health & Wellness (Flipbald De-addiction powder).

EDUCATION:-

Law Prep Tutorial, Winner Institute, Maharashtra Academy of Engineering and Educational Research Vishwashanti Gurukul, Sham Kaushalya Taneja Educational Society - Taneja Public School, Rao Edusolutions Pvt Ltd Rao IIT Academy, DAV College Managing Committee, International Institute of Fashion Design, Karnel Academy.

Complaints against advertisements of 22 educational institutes listed below are UPHELD mainly because of unsubstantiated claims and/ or misleading claims that they provide 100 per cent placement/ placement assistance and/ or they claim to be the No.1 in their respective fields.

X-EEED Coaching, Vinayak Classes, Saraswati Institute of Career Studies, Patliputra Coaching Classes, Pai Defence Academy, Nice Study Circle, Institute For Competitive Exam, Marwad Defence Academy, Bansal Classes Pvt Ltd, Deeksha College of Commerce, Institute of Account & Management Studies - Institute of Accounts and Management Business School, Ayyappa Constable Coaching Center, The Sumana Foundation /School of Indian Hotel Management, Kautilya Academy, Brills Institute, Delhi Public School, A B Foundation, Safal Academy , Shrestha Samajik Seva Sansthan Samiti - Shrestha Private Ltd, Image Infotainment Ltd (Image Computer Education), Jagat Narain Romesh Chander Educational Trust (J.R. Media Institute), Excellent Civil Academy.

OTHERS:-

Confident Group (Confident Canopus), Maa Kamakhavya Darbar Fragrances India Pvt. Ltd (Tiranga Sacred Agarbatti), Jet Knitwear (Jet Lycot Readymades), ARG Outlier Media Asianet News Pvt Ltd Republicworld.com.