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ASCI upholds complaints against 134 advertisements

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MUMBAI: ASCI has upheld complaints against 134 advertisements. In July 2016, ASCI’s Consumer Complaints Council (CCC) upheld complaints against 134 out of 183 advertisements. Out of which, 44 belonged to the Healthcare category, 44 to the Education category, followed by 24 in the Food & Beverages category, 8 in Personal Care Category and 14 advertisements from other categories.

Here is the complete list:

Food & Beverages:

Bonn Nutrients (Bonn Nu Health Bread):  The advertisement’s claim (in Hindi) as translated into English, “With calories low as 40 cal/slice” was not substantiated and was misleading by implication.

Sonia Honey:  The claims in the advertisement “Sonia Honey scored the highest on the main parameters of honey purity in a recent analysis of all Indian branded and unbranded honey” and “Sonia Honey The perfect natural Sweetner is: Anti-Aging, Anti- Cancer”, were not substantiated and are misleading.

KP Group (Kamla Pasand Pan Masala): The advertisement features Rajneesh Duggal – a celebrity from the field of entertainment for a product which has a health warning “Pan Masala is injurious to health” and which cannot be purchased or used by minors. Minors are very likely to be exposed to the advertisement. The celebrity in the advertisement would have a significant influence on minors who are likely to emulate the celebrity in using the product. The advertisement contravened Chapter III.2 (e) of the ASCI Code, which specifically states that Advertisements “Should not feature personalities from the field of sports and entertainment for products which, by law, require a health warning such as “Panmasala is injurious to health” in their advertising or packaging.”

G. K. Tobacco Co. Pvt. Ltd. (Zafri Pan Masala): The visual of a “women pillion rider without a helmet” as depicted in the advertisement of Zafri Pan Masala shows violation of traffic rules and also is an unsafe practice.

Health care:

American Instrument: The Advertisement’s claims (in Hindi), as translated into English, “Are you disappointed with a small penis.  American penis enlarger free.  Get rid of small, thin crooked penis and make it thick, hard and firm.  Improve your sperm count, infertility, premature ejaculation, firmness, nightfall, childlessness can be cured and increase your sex time by 30-45 minutes with energetic oil, excitement capsule, 16GB memory card free.  Money back guarantee”, were not substantiated and are misleading by gross exaggeration.  Also, the claims related to the product benefit read in conjunction with the advertisement visual implies that the product is meant for enhancement of sexual pleasure and the claims related to treatment of infertility, childlessness’. This is in breach of the law as it violated The Drugs & Magic Remedies Act. 

Japani Instrument: The advertisement’s claims (in Hindi), as translated into English, “Are you disappointed with a small penis?  Get Japanese penis enlargement instrument free.  As soon as you use Japanese penis enlargement instrument you can make your penis longer, thicker, weak topo firm and stronger. Increase your sex time from 30 to 45 minutes. Nightfall, premature ejaculation, infertility, impotency, low sperm count and childlessness can be cured.  45 days course for an artificial vagina and artificial penis.  100% guarantee.  No side effects”, were not substantiated and are misleading by gross exaggeration.  Also, the claims related to the product benefit read in conjunction with the advertisement visual implies that the product is meant for enhancement of sexual pleasure and the claims related to treatment of childlessness. This is in breach of the law as it violated The Drugs & Magic Remedies Act.

Nurture Healthcare (Ayurex-S Vitality Capsules): The advertisement’s claim (in Hindi) as translated into English, “It’s the right of every Man, to lead a happy married life”,  “For Men only”,  “Vitality Capsule”,  “If you are worried about low, excessive weakness, then consume AYUREX-S capsule and with its help, do the work successfully with the capacity and power”,  “My Wife says I am more energetic than Before”,  “In some days my married life has become exciting and happy, thanks to Ayurex-S”,  were not substantiated with product efficacy data,  and are misleading by exaggeration. Also, these claims when read in conjunction with the advertisement visual implies that the product is meant for enhancement of sexual pleasure, which is in breach of the law as it violated The Drugs & Magic Remedies Act.

Personal care:

Himalaya Company (Himalaya Facewash): The advertisement’s claim in Hindi, “Isme hai neem aur haldi ki kudrati achchai Jo aapko har tarah ki skin problems se suraksha de” (“This has the goodness of neem and haldi that gives you protection from every skin problems”) was not substantiated with product efficacy data, and the claim is misleading by exaggeration.

Gillette India Ltd. (Gillette Vector): The advertisement’s claim offers, “Save Rs. 30/- in comparison to Vector 2s pack”, is misleading by omission of a disclaimer to mention the exact price comparison with the post price increase of the product.

Hindustan Unilever Ltd. (Axe Deodorants): The advertisement’s claim, “When it gets hot, the fragrance is boosted”, was not adequately substantiated with consumer perception data, and is misleading by implication. 

Glaxosmithkline Consumer Healthcare Ltd. (Sensodyne Toothpaste): It was noted that the source and date of research and criteria for assessment for the claim, “Worlds No. 1 sensitivity toothpaste”, was not indicated in the TVC. In addition, the supers in the Hindi TVC were not in the same language as the audio of the TVC, they were not legible, and the hold duration of the supers was short. The TVC also contravened the ASCI Guidelines for Supers.

Education:

Guru Nanak Institute of Management: The advertisement’s claims, “Highest Salary Package: 8 Lakhs” and “Average Salary Package: 4.5 lakhs”, were not substantiated with evidence to prove that the students have availed the claimed salary packages, and the claims are considered to be misleading by exaggeration.

Dhruva College of Management: The claims in the advertisement, “Highest Salary Package: 8 Lakhs” and “Average Salary Package: 4.5 lakhs”, were not substantiated and was misleading.

Biju Patnaik Institute of Information Technology & Management Studies: The claims in the advertisement, “Placement Percentage- 2013: 95%, 2014: 96%, 2015: 97%”, were not substantiated with authentic supporting data (such as detailed list of students who have been placed through their Institute, contact details of students for verification, enrolment forms and appointment letters received by the students).  Also, the claims are considered to be misleading by omission of the details of batch size for which the claim would hold.

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