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ASCI upholds 96 complaints against ads in Feb 2013

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MUMBAI: The Consumer Complaints Council (CCC) of the advertising watchdog Advertising Standards Council of India (ASCI) witnessed a sharp increase in the number of complaints against ads in Healthcare category in February 2013.

In the healthcare category, the body upheld 36 complaints. The second highest numbers of complaints were seen in the education category, most of which claimed a guarantee 100 per cent job placement.

In the healthcare category, Dabur Chyawanprash‘s print ad claimed that "Dabur Chyawanprash provides three times more immunity," "helps improve the ability to fight illness by three times" and "ONLY Dabur Chyawanprash provides immunity". The advertisers were not able to substantiate the claim with necessary support and data. The ad contravened Chapter I.4 of the Code and the complaint against the ad was upheld.

The CCC found following claims in print ads by 35 different advertisers as either misleading or false or unsubstantiated and hence complaint against ads upheld:

Ranbaxy Laboratories Ltd - Volini claimed that "99 per cent doctors have used Volini to relieve their pain" and "Volini No.1 doctors‘ prescribed pain reliever", "since last 12 years".

Bakson Drugs and Pharmaceuticals - Bakson‘s range of products claimed that it "is the World‘s largest Homeopathic corporate." Bourn Hall Clinic - In Vitro Fertilisation treatment ad claimed "Infertility treatment centre with the world‘s best success rate", "World‘s first and highest success rate giving IVF (Test tube baby clinic)."

Umalaxmi Organics Sugar Remedy claimed that it‘s "India‘s No.1 drug for sugar", "Clinically proven", "Trust of doctors, relief from diabetes."

Naturoveda Health World - Naturovedic treatment claimed that "Naturoveda has successfully treated more than one lakh patients till now", "Naturoveda eradicates the disease right from its roots without any side effect", "We treat physical weakness (male/female), diabetes, obesity", "underweight, piles, joint pain, asthma, stomach problems, skin aliments, female disease, and hair problems", "Winner of Hakim Ajmal Khan Global Award for Best Ayurvedic and Unanai Clinic."

Dr. Nigam‘s Goodhealth - Stem Cell Hair Transplant, claimed that "Dr. Nigam has pioneered the procedure of spotlipo and has given well sculptured figures to millions of people. Bollywood celebrities, politicians, business tycoons and cine artists prefer him to other doctors", "Dr. Nigam co-partners India‘s first and only stem cell hair lab which was started three years back by a group of doctors with an investment of 100 crores."

The other ads that were upheld in the Heathcare category are of Jagruti Test Tube Baby Center, Jolly Vaseer Capsule and Ointment, Jolly Fat Go, Amrut Navjeevan Ayurvedic Oil, Gautam Clinic, Chandan Hospital, Dr. Krishnan Cancer Healer Center, Slim I Lipo, Raj Clinic, Ashrafi Clinic, Mahamaya Sales and Services, Fit and Fine Health Club, Sussrutha Pharmaceuticals, New Vision Laser Centers, Tara Homeopathy Clinic, Life Slimming and Cosmetic Clinic, Hakim Tulsiprasad Agarwal, New Look Laser Clinic, Alcon Laboratories India, Shreeji Upchar Kendra, Ego Wellness, JDM Ayur Psoriasis Research Centre, Nuture Health Care, Lotus Herbal, REPL India, Aadhar Herbal, Mohak Hi-Tech Speciality Hospital claimed "Begin healthy life, free from obesity and diabetes", "The only approved institute for surgery for obesity and diabetes."

All above mentioned claims made in print advertisements needed to be substantiated with necessary support data, market research and analysis/data. The CCC concluded that in the absence of comparative data, the claims mentioned in the advertisements and cited in the complaints were inadequately substantiated. The advertisements contravened Chapter I.1 of the Code. The advertisements of Jolly Pharma (India) - Jolly Sunsex Gold and Mahamaya Sales and Services - Khatod Sanjeevini Plus also contravened Chapter III.4 of the Code. These complaints were upheld.

In the education category, PGP College of Engineering And Technology‘s print ad claimed that PGP College of Engineering and Tech "provides 100 per cent placement provided through Campus Requirement". The CCC concluded that as all the students were not placed, the claim of "Provides 100% Placement provided through Campus Requirement", was not substantiated and was misleading. The advertisement contravened Chapters I.1 and I.4 of the Code. The complaint was upheld.

Little Kidz Education - Smartkidz Play School in their print ad claimed that it "is ranked No. 5 among 300 branded preschools in India". The CCC noted that Silicon India ranked Little Kidz No.5 on the basis of best practices in Franchising, but to claim it as the 5th rank among branded preschools is misleading by implication. The advertisement contravened Chapter I.4 of the Code. The complaint was upheld.

Complaints against the following claims made in print advertisements by 27 different advertisers were upheld by CCC:

Narayanaguru College Of Engineering - Off Campus Recruitment claimed that it is the "only company in ASIA which is fully operated by Female Employees", "Asia‘s Largest Networking & Web Hosting Company."

La Militaire Academy claimed "Selection Guaranteed!!!", "Already Selected 1850+ Officers and 8500+ in Other Ranks."

DGN Maritime Academy - Join Merchant Navy ad claimed its "Placement 100 per cent assured."

Aakash Educational Services- Medical and Engineering Entrance Exam claimed it "is India‘s No. 1 Coaching Brand."

S P T Saini Classes claimed it "gives 100 per cent selection guarantee in writing on stamp paper."

The other ads that were upheld were of Voice of God Polytechnic College, Sankara Educational Institution, Shekhawati Group Of Institutions, Annai Nursing & Catering College, ST Anto Group Of Institutions, Arjun Shooting Club, FGL Academy, Institute For Excellence In Services & Planning, ICA Infotech, Indian Institute Of Airways Training, The Princeton Review, F2 Fun and Fitness (India), VLCC Institute, International School Of Corporate Management, First Rank Publication, Sri Venkateswara Polytechnic College, Ideacount Education, Anibrain XDI, IIHT Networks, Chandragupt Institute Of Management, Academy For Professional Excellence.

All these claims made by the advertisers in the education sector need to be substantiated with necessary support data, documentation and past records. In the absence of comments from the advertisers, the CCC concluded that the claim mentioned in the advertisement and cited in the complaint, was not substantiated. The advertisement contravened ASCI Code‘s Guidelines for Advertising of Educational Institutions and Chapter I.1 of the Code. All above complaints were upheld.

In the personal healthcare and homecare sector, Himani Boroplus Antiseptic Cream claimed in their TVC that "the said cream has been used by 50 crore Indians". The data presented by Emami Limited was inadequately substantiated. The advertisement contravened Chapter I.1 of the Code. The complaint was upheld.

Meanwhile, Loreal Paris Total Repair 5 shampoo claimed that L‘Oreal Total Repair 5 Shampoo is "Voted India‘s No. 1 Shampoo". The CCC concluded that whilst L‘Oreal was voted – Product of the year (POY) – product innovation, the claim that it was "India‘s No. 1 Shampoo", was misleading by implication. The advertisement contravened Chapter I.4 of the Code. The complaint was upheld.

Oriflame India‘s Oriflame Ecollagen claimed that "Smart whitening complex: Restricts the production and distribution of melanin, the key cause of skin pigmentation", "Tri-piptide complex: Boots collagen production and re-plums wrinkles from within in length, width and depts.", "Ecollagen 3D+ re-plumps wrinkles from within in 3 dimensions", "Reduces wrinkles appearance and brightens skin, visible reduction of dark spots after 12 weeks". The CCC concluded that the claim, "Smart whitening complex: Restricts the production and distribution of melanin, the key cause of skin pigmentation", was inadequately substantiated. The advertisement contravened Chapter I.1 of the Code. This complaint was upheld; whilst the claim that "it reduces wrinkles and results in visible reduction of dark spots" was substantiated. This complaint was not upheld.

Glade Touch and Fresh in their TVC claimed that "ordinary air fresheners only mask the foul smell whereas the product in question eliminates the foul smell". The CCC concluded that the TVC did not disparage the Complainant‘s product. This complaint was not upheld. In the absence of comparative data, the claim that Glade Touch & Fresh "is superior to the other air freshener blocks", was not substantiated. The advertisement contravened Chapter I.1 of the Code. This complaint was upheld.

The other ads that were upheld were of Life Slimming and Cosmetic Clinic, Safechem Industries.

Complaints against the following claims made in print advertisements by eleven different advertisers were upheld by CCC: L‘Oreal Youth Code Luminize Range claimed that it "contains LUMI-Gen technology, which identifies light infusing genes in the skin and enriches them to give even and luminous skin", "Try Youth Code Luminize and see yourself how 90 per cent women experienced a more even or luminous skin, Super: Skin evaluation, after eight weeks", "More even looking skin tone - Unifying effect", "Dewy, luminous finish - Liquid Light technology", "Enhances and refines - with daily use", "Liquid Andersen juxtaposes micromirror plates on the skin that reflect light, giving you even and luminous skin", "This serum is a fluid "Oil in water" emulsion that is 40x more concentrated in Vitamin Cg".

Metro Poly Clinic claimed that it "Stops hair fall 100 per cent".

Lotus White Glow claimed that it "is Enriched with Grape, Mulberry, Sazifraga extracts and milk enzymes, it also protects the skin from harmful UVA & UVB rays".

Mankind Pharma‘s Kustody Neem Face Wash claimed that it "provides Effective Fairness".

Ultratech India‘s 18 Again claimed "Post pregnancy issues?", "Infection?", "Sour relationship?", "Here‘s the answer to questions you fear most; 18 again - Female renewal gel. Tightens and Rejuvenates, for vaginal use only".

Vasu Pharmaceuticals‘ Trichup Hair Care Range claimed "150 million people all over the World are using Trichup".

The other ads were of Pangene Biotech, Milagrow Business And Knowledge Solutions, Vasu Pharmaceuticals, Ratan Ayurvedic Sansthan and Result Advertising.

All these claims needed to be substantiated with necessary support data and test reports of efficacy. In the absence of comments from the advertisers, the CCC concluded that the claims mentioned in the advertisements and cited in the complaints were not substantiated. The advertisements contravened Chapter I.1 of the Code. Complaints against these ads were upheld.

In the consumer durables category, Bajaj Quick Chef Induction Cooker, in their print ad claimed "Switch to Bajaj Induction Cookers. Save up to 65 per cent costs", "Bajaj Induction Cooker is better than Gas stove in terms of Time - To boil 2 ltrs of water Gas stove takes 9 min and Rs 1.90 and Bajaj induction cooker takes 6 min and Rs 0.65 (50 per cent faster and saves 65 per cent cost)". The CCC concluded that the claims mentioned in the advertisements and cited in the complaint were not substantiated adequately. The advertisement contravened Chapter I.1 of the Code. The complaint was upheld.

Complaints against the following claims made in print advertisements by two different advertisers were upheld by CCC:

Gangotri Suppliers - Nutech Solar Heater claimed that it "has 1.5 lacs satisfied customers", "India‘s fastest growing solar company".

Kevin Power Solutions claimed "Awarded Power Brands "Rising Stars" of the year 2012-13", "India‘s fastest growing Inverter, UPS, Battery Company", "Highest manufacturer of Sine Wave Inverter/ UPS", "Largest Range of Products in the Industry (400VA-300KVA)".

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