2013

The Advertising Council of India

Compiled By: Professor Sameer Kulkarni

COMPLEMENTS AGAINST ADVERTISEMENT AN INDIAN PERSPECTIVE

ASCI upholds complaints against 177 ads in July, 2013
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Index

Table of Contents
Brief Information: ................................................................................................................................................. 2 Health and Personal Care ................................................................................................................................... 3 Education ............................................................................................................................................................. 7 Consumer Durables ........................................................................................................................................... 10 Telecom ............................................................................................................................................................. 11 FMCG ................................................................................................................................................................ 12 Media ................................................................................................................................................................. 13 Auto.................................................................................................................................................................... 14 Food and Beverages ......................................................................................................................................... 15 Teleshopping ..................................................................................................................................................... 16 Real Estate ........................................................................................................................................................ 17 Others ................................................................................................................................................................ 18 Complaints Not Upheld (against): ...................................................................................................................... 19

Brief Information:

In July 2013, ASCIs Consumer Complaints Council (CCC) upheld complaints against 177 ads, of a total of 201 complained against. Most of the misleading ads were from the education sector and the promise of 100 per cent job placements was one of the recurring unsubstantiated claims, revealed ASCI. This was followed by health and personal care, where most of the complaints upheld were against ads found to be misleading, or making false or unsubstantiated claims. Almost 25 per cent of the total complaints were registered through the Online Complaint and Monitoring Service (OCMS), through which consumers are allowed to lodge complaints through the new ASCI website, ASCI Face-book page, e-mail, smart-phones, toll free telephone or regular post.

Health and Personal Care

The CCC found the following claims in health and personal care product or service ads of 52 advertisers, released in the press to be either misleading or false or not adequately/scientifically substantiated and hence violating Chapter I of the ASCI Code. Some of the health care products or services ads also contravened provisions of the Drug & Magic Remedies Act. Complaints against the following ads were UPHELD: Advertiser Alankar Slimming & Cosmetic Clinic Glamour World Ayurvedic Re Touch Hair & Skin Clinic Claim Instant weight reduction & helps lose 3-4 inches in one session Re-growth of new hair using Somis Glow Plus glow plus solution in 3 months Helps to get 100% rid of stones and white spots Reduced weight won't increase Rajshree Hospital again, get rid of obesity and diabetes and obesity cure for sure V Care Clinic V Care Medspa Stem Cell Therapy for Acne Pimples Growing natural hair, stop Hair Solutions greying & stop hair fall, and Wonder hair cream repairs your skin by working 40 times Nivea Whitening Nivea India harder' while the title says 40x more Cell Repair lotion vitamin C B Gap Completely Ayurvedic, hormone free Chaturbhuj Contraceptives and gives no chance for pregnancy Pharmaceutical Tablet for 6 months Enriched with real Neem and the Garniers Pure Active L'Oreal India first ever face wash that removes Neem Face Wash pimples and marks Abundant vigour, and the visual Aadya Mahalakshmi Men Oil & Herbal implies a product for enhancement Herbals Capsule for Men of sexual pleasure Reduce weight 15 to 20 kg, liposuction Kalada Plastic Cosmetic of the entire body with the help of new Surgery & Burn Center Technique Madras Doctor Piles Cure for Piles, Fistula, Fissure, without Clinic surgical operation Effective in all types of eye problems, Devi Ayurvedic Neelika eye drops removes haziness, increases eyesight Pharma and helps to get rid of cataract
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Ad (for) Vibes Smart Tight Program

Rich Feel Trichology Centre Aas Clinic Dr Patel Anti-Aging Clinic Parth Hospital

World's first hair thinning treatment with plant stem cell extracts , reduces hair fall , restores hair regeneration and increases hair growth Successful treatment of epilepsy & successful treatment of baldness Cure diabetes and other diseases First hospital in India which treats patients of headache and migraine without any painkiller medicine 100% successful with treatment for brain disease, heart disease, liver, kidney & stomach disease, stone, obesity, diabetes Cures sex problems like nonperformance, premature ejaculation, impotence, small size, nightfall with 100% guaranteed diagnosis Increases child's intelligence, memory power, grasping power and digestion, enhances the child's immunity power, makes him healthy Weight loss, non surgical/surgical options, comprehensive program, multi-disciplinary, expert medical team Breast Grow Capsule, Effect starts in 5 days, No Side effects, 100% Herbal and 100% Result 100 % safe, and Result in just 9-10 days. Gain Weight, build body Treatment for Irregular menstruation in women, Infertility, uterus tumor, swelling (Endometriosis). , Complete treatment of Breast Tumor etc. , Stones , Complete treatment of Blood pressure, thyroid, diabetes, obesity Successful treatment of Sex Problems The herbs are beneficial for the
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Sri Om Ayurvedic Seva Sansthan

Seba Herbal

Shreeji Sanjivani

Myovatec Surgical Systems Aadya Mahalakshmi Herbals Zipher Zion Pharmaceuticals AmbicAyurved Aadyas Breast Oil & Capsule Royal Gold Capsules NavPaurush Powder/Capsules

Adhunik Homeopathic Chikitsa Kendra

Shree Siyaram Ayurved Mandir Kangra Herb

Sunrise Herbal Clinic Priya Pharmaceuticals Himadri Ayurveda Capsule

Adhi India Advance Hair Restoration Centre Great linx Impex Praan Herbal Pain Relief

treatment of last stage cancer, liver failure, kidney failure, Hepatitis, skin psoriasis, arthritis Reduces to 10 kg of weight in just 3 month Permanent relief from pimples within 7 days., Relief within seven days for Gastric trouble, Bleeding, Constipation, pain etc. Revolutionary ADHI Technique Originated in India, Adopted Worldwide., 80,500- Satisfied customers across the globe. 18X better than Balm

Deewal Gramodyog Sansthan Cure Homeo Clinic Makewell Pharmaceutical Vasu Pharmaceuticals Hindustan Unilever Nivea India Prabha Hospital

L'Oreal India

Vini Cosmetics Dabur India

BH+ - World's first hair colour which is free from chemical and allergy , Deewal Range Kimmadhu-Wonderful medicine to of Products rectify sugar level, Keshkalp- Stops hair fall and get rid of baldness Treats and cures patients with Psoriasis If you want to stay happy after Japani Tel marriage, Japani oil., Very popular for male's energy/ stamina A name that more than 50k doctors Trichup Hair trust Look up to 10 years younger with Ponds Age Miracle disclaimer in small print With regular use Nivea for Men 10X formula that removes dark spots Dark Spot Reduction and gives a spotless face Provides 100% cure for all diseases without performing any surgery Naya Garnier colour natural ab aur Garniers Naturals bhi behtar, Trust only the No.1 and Hair Colors disclaimer saying basis urban retail data TVC shows a woman whose oily and White Tone Face darkish skin and is transformed to a Powder fairer skin tone on using White Tone Face Powder Odomos Range 100% protection from mosquitoes both
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in and out of home LOreal India Garnier White Complete Multi Action Fairness Cream Brad Eye Glass Remover Sirf hum dete hai complete fairness 100% ayurvedic, treats cataract without surgery and myopia without glasses Inch & Weight Loss and sure cure for Hair Loss Successful treatment of sex related diseases, successful treatment of looseness, premature ejaculation, impotency and low sperm count Increase height It helps end impotency from its roots. By applying this on the penis one can increase its shape/ length and thickness Cure for Tumour in Ovary and Uterus It is an accomplishment of Ayurveda, No need of operation, Tumour healed by Ayurvedic treatment, No need of removal of uterus. Cures diabetes, Totally stop Allopathy, injection, insulin Depicts women in indecent and vulgar manner and visuals implying a product that enhances potency, which is a violation of the DMR regulations Helps to control blood sugar., Visual of Heart shape with claim - Zero % Cholesterol & Trans-fat. The CCC concluded that the claims, Helps to control blood sugar, Visual of Heart shape with claim - Zero % Cholesterol & Trans-fat Edible oil prevents cancer, diabetics, acidity, cholesterol, etc

Brad Enterprise The Alankar Slimming & Cosmetic Clinic Force Clinic HC Group Herbal Icon India

Param Pharmacy

Aadhar Herbal Makewell Pharmaceuticals

Japani Tel

Shakti Bhog Foods

Brown Marie*

Tara Health Foods

Zaitoon Tara edible oil*

Education
Shakti Bhog Foods advertisement of Brown Marie contravened Chapters I.1 and III.4 of the Code. The print advertisement of Zaitoon Tara edible oil contravened Chapters I.1, I.4 and III.4 of the Code. The CCC found following claims in print ads by 94 different advertisers were not substantiated violating the ASCI Guidelines for Advertising of Educational Institutions. Complaints against advertisements of the following educational institutes were upheld because of unsubstantiated claims that they provide 100 per cent placement/and/or they claim to be the No.1 in their respective fields. Complaints upheld: ADVERTISER/AD (for) International Marine IMS Learning Resources Pvt Ltd Pacific Education Society Kaizen Training Institute Inset Computer Education Kv Institute Of Management & Information Studies Achieve Academy Dolphin School Of Hotel Management Indian Institute Of Hardware Technology Amet University Siddharth Classes Sri Bhagwati P Memorial & Education Society SITM (Jodhpur) S S Education Trust International Institute of Fashion Designing Academy Bright Academy Jagdish Chandra Institute Of Modern Technology And Industrial Studies Om Cad the Design Studio EduEdge Coaching Classes Asian Institute of Film & Media Studies Career Defense Academy Chate Group NIIT Ltd S S Academy The George Telegraph Group National Classes: Paavai Institutions VSB College of Engineering
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Sumangal College of Business Administration ICA Infotech Pvt. Ltd Vista Mind Alchemist Anm Nursing Training School Crucible Coaching Preeya Pariwar NIMS coaching Appin Technology Labs Techno Campus Mobile Phone Institute Gujarat Institute of Hotel Management IHM Meerut Oriental Group of Hotel Management Aditya Engineering & Pharmacy College New Horizons Computer Learning Center Amrita International Institute of Hotel Management IIHT Computer Education Sinhal Classes National Institute of Event Management NCFM Training Centre IANT Computer Education Apollo Group of College IES Gate Academy PT Education & Training Service Cadd Centre India Private Ltd JK Shah Classes XL Education Forum Alpine Center KPR School of Business National Academy of Event Management & Development International School of Telecom Technology & Management Career Point Columbia Group of Institute Patna Sahib Group of College Lords Institute of Management Gloma Group of Institutes Shanti Design School Institute Of Business Studies & Research - Institute Of Management Studies Xplora Design Skool Royal Education Centre Millia Educational Trust - Millia Institute Of Technology Gyaan Computer Education - Tally Champs Mahajana Tourism Development Institute
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Shri Balaji Nursing Home & Health Training Center Tirumalaa Study Centre UPCIA Industrial Training Centre Mehta Institute of Career Training Chamunda Institute of Hotel Management Subhas Bose Institute of Hotel Management Global Group of Institute CH Charan Singh Polytechnic Creative Vision Technology Excel Edu learning NEITE College of Management Sri Balaji Education & Charitable Trust - Rajiv Gandhi College of Engineering &Technology Sir Padampat Singhania University Manda Institute of Technology Nalanda Institute of Advance Studies Kongu Arts & Science College Calcutta Institute Marine Engineering Training Institute Jagriti Institute (Sikar) Bhanuka Institute of IT Education GMS Institute 3CM Infotech Exxon Academy

Consumer Durables
The CCC concluded that the claims mentioned in the following six advertisements and cited in the complaints below were not substantiated. The advertisements contravened Chapter I. of the Code. Complaints upheld: Advertiser Claim Best Purifier Award from all our 2 Crore Over Whelming Customers, Veon gives you the country's purest water, Veon Systems Veon Water Purifier Presenting World's First Seven Stage Fully Automatic, RO Water Purifier that requires No Periodic Servicing for Just Rs. 5999. Save up to 55% on General Air power hence it can be ETA General Conditioner run like a fan, ecofriendly Has an operating cost of Symphony Symphony Jumbo just one or two bulbs Luminous Livpure Luminous Electronics 0% water wastage RO Water Purifier Why drink boiled Kent Ro System* water? Use Kent RO *The advertisement of Kent RO System additionally contravened Chapters I.4 and IV.1 (e) of the Code. Ad (for)

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Telecom
Complaint Upheld:

Advertiser Ad (for) Claim

Decision

Tata Unlimited 3G data Contravened Chapter I.4 3G Data Teleservices for Rs.250 of the ASCI Code

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FMCG
Complaints Upheld: Advertiser Complaint Cited Decision Contravened Chapter I.4 of the ASCI Code

Visual depiction of a child with ink stained teeth and mouth, is likely to encourage Hindustan Unilever minors to emulate such acts in a manner which could cause harm to them.

ITC Limited

Shows a dark skinned girl feeling inferior or inadequate and subsequently Contravened Chapter III.1 attracting male (b) of the Code attention on being fair and therefore the TVC derides people based on their colour.

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Media
Complaint Upheld: Advertiser Ad (for) Claim Decision

Circulation of over 3 lakhs as of April 2013 in Kolkata, It retained more than 85% of after Contravened Echangeover Bennett Coleman & Co. Chapters I.1, I.2 Samay from and I.4 of the Code subscription to cover price, The paper is now the undisputed Number 2 Bengali daily

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Auto
Complaint Upheld: Advertiser Ad (for) Claim Decision At a price down payment of Rs. 6, 00,000 and 84 EMIs of Rs. 38,000 only for on-road price (with registration and Contravened Chapters Audi India Audi Q3 insurance). The I.1 and I.4 of the Code fine print below indicated that this is a bullet scheme, Offer valid only on June 22 and June 23, 2013 A minor (boy wearing sun Contravened Clauses (b) glasses) driving the Maruti Maruti and (c) of the Guidelines Maruti Swift Suzuki Swift on Advertisements for recklessly, albeit Automobile Vehicles car being not in motion.

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Food and Beverages

The CCC concluded that the claims mentioned in these three advertisements were not substantiated. The advertisements contravened Chapter I.1 of the Code. Complaints Upheld: Advertiser Hindustan Unilever Ad (for) Brooke Bond Red Label Claim Healthy tea that improves blood circulation Olive oil has a low smoke point, olive oil has a characteristic taste that is incompatible with Indian cuisine, lower calories, has a balanced fatty acid composition, comes closest to the ideal ratio of saturated fatty acids that is recommended by WHO

Adani Wilmar Olive Oil

Kalyani Solvex

Nature Pure Ref Completely reduces cholesterol Rice Bran Oil A job aspirant (girl) offering to Saj Food Bisk Farm Top compromise and making advances at Products* Biscuit the interviewer Euro India Depicts women in an indecent Namkeen Fresh Foods* manner Alcohol brands or surrogates thereof Finlandia are not legally permitted to advertise Vodka** in India. The product contains artificial sweetener 'aspartame' not Rasna Nimbu recommended for children. The Rasna *** Pani graphical design of Rasna Fruit Plus Lite Nimbu Pani was too similar to the mother brand Rasna Fruit Plus * The ads for Saj Food Products and Euro India Fresh contravened Chapter II of the Code. ** The advertisement contravened Chapter III.6 of the Code. *** The product packaging for Rasna Nimbu Pani contravened Chapter III.2 of the Code.

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Teleshopping
The CCC concluded that the claims mentioned in the following four advertisements and cited in the complaints below were not substantiated. The advertisements contravened Chapter I of the Code. Advertiser WWS Skyshop Ad (for) Ayurvedic Roopamrit Fairness Cream/Gel Claim A fairness product that is used to brighten up the complexion of dark skinned people in a very short time

Give up smoking and alcohol and is 100% herbal can enable an addict to quit drinking/smoking/ drugs/ gutkha Use our product for 45days daily 23grams twice and quit from your bad Telemart Zero Addiction addiction like smoking, drinking & if Teleshopping u can't get a result return our product in 15 days Provides 100% cure for Diabetes, JMD Madhu Madhisanjeevani ingredient is Teleshopping Sanjivani* imported from Africa Visuals make one believe that with Sky Star Hair Building the use of the product, ones Advertising Fiber ** baldness is cured TVC Sky Quitt Shop AAA No Addiction Teleshopping * The advertisement contravened Chapters I.1 and III.4 of the Code. ** The advertisement contravened Chapters I.1, I.4 and III.4 of the Code.

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Real Estate
The CCC concluded that the claims mentioned in the following two advertisements below are not substantiated. They are distorted and have exaggerations that mislead consumers. The advertisements contravened Chapter I of the Code. Complaints upheld: Advertiser Ad (for) Claim Phase 1 Completed, 329 apartments delivered, Phase II Construction 50% complete, Over 320 happy families moving in Pay Rs. 1.1 crore and move into a villa on a golf course in Dubai

Indiabulls Real Greens Estate

Damac Properties

LLC Akoya

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Others
Advertiser Apple India* Ad (for) iPhone Claim Offer for upgrade to IPHONE 4 special student offer

Reduces the craving for nicotine Quit Smoking I Quit Smoking and helps smokers by diminishing International their desire to smoke

*Advertisement contravened Chapter I.7 (c) of the Code (Non-fulfilment of advertised promise whether the advertiser has taken prompt action to make good the deficiency to the consumer).

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Complaints Not Upheld (against):

ADVERTISER/AD (for) V-GUARD Industries Ltd: V-GUARD Invertors Federal Brands Ltd: Live in Jeans Godrej & Boyce Mfg Company Ltd: Godrej Air Conditioner Reckitt Benckiser (India) Ltd: Durex Condoms Swatantra Power Pvt Ltd: Helios Inverter Batteries & Ups GlaxoSmithKline Consumer Healthcare Ltd: Sensodyne Toothpaste Mankind Pharma Limited: Manforce Condom Strawberry Flavor Hyundai Motor India Limited: Hyundai i20: The ghost-buster Bharat Business Channel Limited: Videocon d2h Bharti Airtel Ltd Havells India Ltd: Havells Cable Info Edge (India) Ltd 123 Sesame Street Preschool Tomtom India Ltd - Tomtom Via Series Cadbury (India) Ltd Bournvita Star India P. Ltd. - Star Sports Hindustan Unilever Ltd - Fair & Lovely Cream Sony India - Sony Xperia Z Smart Phone Bennett Coleman & Co Ltd - Maharashtra Times growing premium Marathi daily Vini Cosmetics Pvt. Ltd White Tone Face Powder Archies Perfumes Lulu Australia Kohinoor Business School Dabur India Ltd - Dabur Red Toothpaste.

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