ASCI Update: Complaints against 182 out of 243 ads upheld in November 2017

96 ads were from the education category followed by 65 ads from the healthcare category.

The Advertising Standards Council of India (ASCI), a self-regulatory body that propagates responsible advertising, has released a report of the complaints it received and upheld in the month of November 2017.

The ASCI's Consumer Complaints Council (CCC) received complaints against 243 ads; complaints against 182 ads were upheld. Suo Moto action was taken against 152 advertisements, the rest being complaints through direct sources. Out of 182 advertisements, against which complaints were upheld, 65 belonged to healthcare, 96 to education, three to personal care, 7 to the Food & Beverage category and 11 from the 'other' 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 the failure to provide substantial facts and figures to support claims and delivering advertisements which were misleading by ambiguity and implication.

Among the various complaints, CCC observed that a prominent auto company was providing false and misleading information by ambiguity and omission of the reference to applicable terms and conditions in the advertisement. Similarly, a popular cement company, in a TVC, displayed a violation of traffic rules that is unsafe and a dangerous practice which manifests a disregard for safety and encourages negligence. Additionally, claims by a healthcare centre to eliminate fat with Cool Sculpting, were not substantiated with supporting clinical evidence and with treatment efficacy data and are misleading by exaggeration.

DIRECT COMPLAINTS

ASCI processed complaints against the following advertisements from the general public industry as well as from the Department of Consumer Affairs' Grievances against Misleading Advertisements (GAMA) Portal. Out of 65 advertisements, complaints against 30 advertisements were upheld. Of these 30 advertisements, 9 advertisements were against healthcare, 2 belonged to the personal care category, 4 belonged to the education category, seven belonged to the Food & Beverage category, and 8 belonged to 'other' category.

HEALTHCARE:

The CCC found the following claims of 9 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 service advertisements also contravened provisions of the Drugs & Magic Remedies Act (DMR Act), Drugs and Cosmetics Rules (D&C Rules) and Chapter I.1 and III.4 of the ASCI Code. Complaints against the following advertisements were upheld - Rajvaidya Shital Prasad & Sons (Hempushpa), Kisan Dham Shree Ladwa Gaushala, Srigiri Ayusvedic Hospital, Cancer healer centre, Shathayu Ayurveda, StemRx Bioscience Solutions Pvt Ltd, Anand Herbal, Lifezen Healthcare Pvt Ltd. (Tuska), Cosmo Herbals Limited (Cosmo Silky).

PERSONAL CARE:

CavinKare Pvt. Ltd (Nyle Natural Shampoo), Emami Ltd (HE Deodrant)

EDUCATION:

The CCC found the following claims in advertisements by 4 different advertisers that were not substantiated and thus, violated ASCI Guidelines for Advertising of Educational Institutions. Hence complaints against these advertisements were upheld - Phoenix English Academy, NeoStencil India Private Limited (NeoStencil), Bridge School Management, and Om Career Concept Pvt Ltd.

FOOD & BEVERAGE:

Kellogg's India Pvt Ltd (Kellogg's Oats), Kellogg's India Pvt Ltd (Kellogg's Special K), Abbott Healthcare Pvt Ltd, Modi Naturals Ltd, Modi Naturals Ltd, Kaleesuwari Refinery Private Limited (Goldwinner),

OTHERS:

Asian Paints Ltd (Royale Atmos), LG Electronics India Pvt. Ltd. (LG Linear Inverter Compressor), Divya Bhaskar (Dainik Bhaskar), Honda Cars India Ltd, Reliance Retail Limited (Reliance Jio Digital Life), Alpfly Pvt Ltd, SpiceJet Ltd, Lux Industries Limited (ONN Premium Wear),

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 178 advertisements, a total of 152 advertisements were considered to be misleading. Of these, 56 advertisements were concerning healthcare, 92 belonged to the education category, 1 belonged to the personal care category and 3 belonged to the 'others' category.

HEALTHCARE:

The CCC found the following claims of 56 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 service advertisements also contravened provisions of the Drugs & Magic Remedies Act (DMR Act), Drugs and Cosmetics Rules (D&C Rules) and Chapter I.1 and III.4 of the ASCI Code. Complaints against the following advertisements were upheld - Bhagyesh Health and Beauty Care P Ltd (Height grow range of products), Laborate Pharma India Ltd (Labolia Big Beauty), Maruthua Pharma/ Maruthua Panchajeeraka Gudom, Mauli Hospital, Innovative Cure Heal & Beauty Clinic, Sri Ram Hospital, Hair Life India, Innovative Cure, Rudra laser Homotherapy Clinic, Ramkrishna Care Hospital, Rana Hospital, Aproov HiTech, Piles treatment centre, Sun India Pharmacy (P) Ltd (Swasthya Vardhak Capsules), Kismat Foundation (Dr. Ajay Kr. Singh), Lajwanti Hospital & Nursing Home, Alliance Healing Centre, RS Hospital, Slim N Slender, Cosmetic Surgery & Laser Centre, Apollo Hospitals Enterprise Ltd, Mickey Mehta 360 Degree Wellness Temple (360 Degree GYM), Dr. S.K. Jains Burlington Clinic Pvt. Ltd - Burlington Hospital, CK Birla Hospitals Rukmani Birla Hospital, Rediscover Clinic, Doctors Aesthetics Centre, Lifezen Health Care Pvt Ltd. (Eye Spa), GEM Hospital and Research Centre, F2 Fun & Fitness (India) Pvt. Ltd (Gold's Gym India), Shree Baidyanath Ayur Bhawan Pvt. Ltd (Baidyanath Madhumehari), Jolly Health Care (Jolly Fat-Go Slimming Capsules), Homeo Trends, Zilaxo Advanced Pain Solution, Zilaxo Advanced Pain Solution, Zilaxo Advanced Pain Solution, Naturoveda Health World, Health & Beauty Pvt Ltd / Rich Feel Tricology Centre, Shree Maruti Herbal (Stay-On Power Oil), Shree Maruti Herbal (Stay-On Range Of Products/ Stay On Power Capsule), Rajnish Hot Deals Pvt Ltd (Play Win Range Of Products), Star Ayurveda/ Star Homeopathy, Makewell Pharmaceuticals (Speed Height Capsule), Sun Ayurveda (Surya Amrit Jivan), Dr Care Homeopathy, Charak Kayakalp Hospital, Advanced Homoeo Health Centre, Sanyasi Ayurveda, Meeta Ayurveda, Meeta Ayurveda, Positive Homeopathy, Positive Homeopathy, Positive Homeopathy, Neomed Hospital, Jand Bavasir Hospital, Harshitha Hospitals (Mdr), SBS Biotech Unit II Ayurvedic Division (Sachi Saheli Ayurvedic Syrup).

PERSONAL CARE:

Floras Cosmetics (Floras Tan Clear Scrub): The advertisement's claim, "Removes dark circles", was not substantiated by product efficacy data and is misleading by exaggeration.

EDUCATION:

The CCC found the following claims in the advertisements by 92 different advertisers that were not substantiated and thus, violated ASCI Guidelines for Advertising of Educational Institutions. Hence complaints against these advertisements were upheld - Sri Chaitanya Educational Institution (Sri Chaitanya IIT Academy), Sarthak Educational Trust - ABS Academy, Dashmesh Education Charitable Trust (S G T University), EuroKids International Private Ltd (Euro Kids Pre-Schools), Lovely Professional University, Maharishi Markandeshwar Education Trust, Asian School of Business Management, Apparel Training and Design Centre, Technobrains Education Pvt Ltd / Tally Brains, American Institute Of English Language Pvt Ltd, Dashmesh Academy, IIT-ian's Pace Education Pvt Ltd (PACE IIT & Medical), Anupam Career & Research Institute, Delhi Public School, Lyallpur Khalsa College, Vani Institute, Vetrii IAS Circle Vetrii Academy Study IAS, Bankersadda.com, The Success Mantra (Bankersadda.com), SR Group of Institution Jhansi, BFIT Group of Institutions, Six Sigma Institute of Technology and Science, Shreevidya Infotechnologies, National Institute Of Computer Education Pvt Ltd - Nice Career Plus,

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 misleading claims that they provide '100 per cent placement assistance/ and/ or they claim to be the No. 1 in their respective fields:

Prestige Institute of Management And Research, SRM University, Invertis Group Of Institute (Invertis University, Reliance Latur Pattern Shree Tripura Junior Science College, Aryabhatta group of College (Aryabhatta Engineering College), Amazon (Private) Industrial Training Institute (I.T.I) (Amazon Institute Of Hotel Tourism & Management), ASET College of fire and Safety Engineering, Badala Classes Commerce, Sri Palamuru Academy, Tajinder Bhatia's Achieve Max, Himalayan Institute Hospital Trust (Swami Rama Himalayan University), Eetaram Study Circle, AKS University , Ama Odish Acharitable Trust (Sambad School Of Media & Culture), Avanigadda Coaching Centre, Jeevandeep Institute of Management and Technology (Jeevandeep Group of Education Institution), Pride Group Of India, Sharnbasveshwar Vidya Vardhak Sangha- Sharnbasva University, Rubics Rostrum Coaching Institute Pvt. Ltd, Sobhasaria Jankalyar Trust Sobhasaria Group of Institutions, Shree Bhagwat Institute of Technology, Sri Sai R Group of Institutions - Sri Sai ITI, Sant Gajanan Maharaj Education Group-Sant Gajanan Maharaj College of Engineering, VPMM Educational Trust- VPMM College of Architecture for Women, Times Career Institute, Culver Institute Of Hotel Management and Catering Technology, Vidya Maritime Academy, Remo International College Of Aviation, S.S Foundation & Social Welfare Trust, Scope College of Engineering, Ssld Varshney Group of Institutions / Ssld Varshney Engineering College, Starex University, Vindhya Institute Of Technology / Vits College Satna, Vivekanandha Educational Institutions For Women, Aptech Ltd (Aptech Computer Education), Aryan Academy, Bollineni Medskills Paramedical Institution, Jan Pragati Education Society/ Columbia Group Of Institutions, Karnataka State Electronics Development Corporation Limited/ KEONICS Computer Centre, LT Meenatai Jadhav ITI, Narayana Educational Society/ Narayana College Of Nursing, Sri Tulsi Ram Group Of ITI College/ Sri Tulsiram ITI, K.S. First Seeds International School, ALLEN Career Institute, Bharat Institute of Elevators, Career Plus, Chandravansi Group of Institutions, Cipai Govinda Reddy School Of Nursing, Freedom Institute of Industrial Training Centre (FIITC), Smt Shakuntla Educational & Welfare Society (Galgotias School of Law), Smt Shakuntla Educational & Welfare Society - (Galgotias School Of Medical & Allied Science), i5 Coaching Centre, Jeet Conceptual Class JCC, Manorama Pvt Industrial Training Institute, Netaji Subhas Institute of Technology, NIMS University, Sky Way Career Hub, Sri Mahesh Institute of Computers, Laxmidevi Senani Charitable Trust - (Vindhya Institute of Technology & Science), Rai Technology University, International Academy of Computer Graphics, East West College, Akshara Academy, Kasturi College of Education, Nandrani Kala Academy, Asian Institute Of Veterinary - Agricultural Sciences, Bharat Group of Institutions - Prince Institute Of Innovative Technology and Subhas Bose Institute of Hotel Management.

OTHERS:

MSR India Limited (Dr Copper Seamless Copper Bottle), J.K. Cement Ltd (J.K. Super Cement) and Freedom India Marketing Company (Freedom Atta Chakki).