Tuesday, 23 September 2014

ASCI UPHELD COMPLAINTS AGAINST 110 OUT OF 127 ADVERTISEMENTS


ASCI CCC Decisions: June 2014


September 23, 2014: In June 2014, ASCI’s Consumer Complaints Council (CCC) upheld complaints against 110 out of 127 advertisements. Out of 110 advertisements against which complaints were upheld, 55 belonged to Personal and Healthcare category, followed by the Education category with 42 advertisements.

HEALTH AND PERSONAL CARE
The CCC found the following claims in health and personal care product or service ads of 55 advertisers, released in the print media / TVC to be either misleading or false or not adequately / scientifically substantiated and hence violating ASCI’s 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.

1.       Hindustan Unilever Ltd (Ponds Dream Flower): The advertisement of Ponds Dream Flower shows a man riding pillion without a helmet. Riding or pillion riding a two wheeler without a helmet is a punishable offence and it promotes unsafe practices.
2.      Delhi IVF and Fertility Research Centre: The advertisement claims to be a leading IVF Centre of North India. Successful treatment in case of infertility The tag line ‘Feel the joy of having your own child, age no bar’ read in conjunction with the claim of ‘dedicated Centre for infertility treatment’ implied cure from sterility in women, which is in breach of the law as it violates The Drugs and Magic Remedies Act.
3.      Ban Labs Limited (Dr Care Body Food): The advertisement of Dr Care Body Food claims, based on scientific research and found to be effective during clinical research, “increases immunity and life longevity”. “It provides more improvement than multi vitamins such as physical and mental power. Also improves skin and metabolism.” These claims were not substantiated with clinical evidence and proof of efficacy of the product.The advertiser suggests that consumers to stop using Chyawanprash for 4 months and start using Body Food for 12 months., This claim was not substantiated with comparative data with Chyawanprash for its all season efficacy. 
4.      Emami Ltd (Emami Damage Control Hair Oil): The advertisement claims that Emami Damage Control Hair Oil is world’s first hair oil that provides damage control was not substantiated and was misleading by omission. The claim “that only the 7 oils in this replenishes proteins and vitamins and repairs damage” was not substantiated with objective experimental data on hair strands.
5.      Star Ayurveda (Star Homeopathy): The advertisement of Star Homeopathy claims that it is World's No. 1 Integrated Super Speciality Clinic. The clinic also claims of solving health problems such as Kidney, Infertility, Diabetes and Sex. These claims are violating the Drugs and Magic Remedies Act.
6.      Ayurvedik Vikas Sansthan–(Anant Shakti Capsule): The advertisement of Anant Shakti Capsule claims that it gives complete passion, liveliness and helps in enhancing sexual pleasure.  The Advertisement is in Breach of the law as it violated The Drugs & Magic Remedies Act and contravened Chapters I.1 and III.4 of the ASCI Code
7.       Positive Life Sciences Pvt Ltd.: The advertisement of Positive Life Sciences Pvt Ltd claims that it is No.1 in the World Classical Homeopathy as they have successfully treated 96 patients. Treatment of infertility and diabetes at ‘Positive Infertility and Diabetic Cell’. 100% No side effect.These claims by Positive Life Sciences were not substantiated.  Also, specific claims such as infertility or diabetes treatment violate The Drugs & Magic Remedies Act. The advertisement contravened Chapters I.1 and III.4 of the ASCI Code.
8.      Nukind Healthcare – (Nukind Nuface Cream): The advertisement of Nukind Nuface Cream claims to remove the dark spots of acne, pimples and dark circles in seven days. The visual transition of the skin colour in the advertisement was considered to be misleading by exaggeration. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code.
9.      Cheers Pain Management Hospital: Their advertisement claims “Pain treatment with just one injection” without any operation and anesthesia, cures pain caused by cancer/ the pain of waist/ neck/ knee /sciatica and numbness of hands and leg/ frozen shoulder/ trigeminal neuralgia can be cured with just a needle, were not substantiated and were misleading by ambiguity as there were several other interventions.
10.  Sanskruti Holistic Center: The internet advertisement of Past Life Regression therapy claims that it can cure problems related to obesity, allergies, headaches, arthritis, diabetes, hyperactivity, suicidal tendencies, fears, phobias, addictions, child abuse, recurrent fever, depression, back pain/ body pain, schizophrenia.   The above claims in advertisement by Sanskruti Holistic Center were not substantiated with clinical evidence.
11.  L'Oreal India P Ltd. (Garnier Colour Naturals): The advertisement of Garnier Colour Naturals claims that it can provide hair nourishment for 8 weeks. Garnier Colour Naturals has olive oil cream based formula which nourishes hair for 8 weeks. The claim was inadequately substantiated.  The advertisement contravened Chapter I.1 of the Code. 
12.  Vibes Healthcare Ltd: The advertisement of Vibes Healthcare Ltd claims that it can help you lose 2 - 3 inches from tummy, hips and thighs and up to 5kg weight, Lipo Laser in 14 days.  The claim by Vibes Healthcare Ltd was not substantiated with clinical evidence.  The advertisement contravened Chapter I.1 of the Code.
13.  Positive Homeopathy: The website advertisement claims that Positive Homeopathy can cure chronic diseases that are not curable. The claims appear to be misleading.
14.  Dr Patel's Anti-Aging Clinic– (Dr Patel’s Diabetes Kit): The advertisement of Dr Patel’s Diabetes Kit claims that it is the only medicine which completely relieves one from diabetes without any side effects. It has been used by thousands of people in America after 15 years of research. The advertisement is in breach of the law as it violated The Drugs & Magic Remedies Act. The advertisement contravened Chapters I.1 and III.4 of the Code. 
15.  Jammu Hospital: The advertisement claims to give freedom from obesity and sugar with 100% success rate.  The advertisement is in Breach of the law as it violated The Drugs & Magic Remedies Act and contravened Chapters I.1 and III.4 of the Code. 
16.  KDK Vardaan–(TulsiVardaan): The advertisement of TulsiVardaan claims that the product is very beneficial for resistance power, heart diseases, skin diseases and cancer. It contravened Chapter I.1 of the ASCI Code.
17.  Pooja Health Centre: The advertisement of the centre claims to reduce 5 to 7 kilos of weight in 28 days and 7 to 10 inches from hips and stomach.
18.    Taneja Hospital: The advertisement claims that the hospital is successful in treating more than one lakh deaf people is in Breach of the law as it violated The Drugs & Magic Remedies Act.
19.    Raj Hospital Test Tube Baby Centre: The advertisement of the centre claims of successfully treating the problem of infertility among couples is in Breach of the law as it violated The Drugs & Magic Remedies Act and contravened Chapters I.1 and III.4 of the ASCI Code
20.  KundanAyurvedicCentre–(KundanKidney Care Centre): The advertisement of the centre claims to be “No.1 Kidney Centre in alternative treatment. Say goodbye to dialysis.” were not substantiated. 
21.  Sunshine Pharmaceuticals – (SobarGynofe Syrup): The advertisement of SobarGynofe Syrup claims to provide complete solution for all women related problems such as irregularity of periods, leucorrhoea, waist pain, imbalance of hormones and problems during pregnancy and boosts energy and enthusiasm. These claims were not substantiated.  
22.    Mata Tirathdevi Ayurvedic Hospital: The advertisement of Mata Tirathdevi Ayurvedic Hospital claims to provide effective ayurvedic treatment for Cancer, Aids, Hepatitis and anal diseases. The effect of these medicines can be seen within one month and they also have medicines for the diseases like heart diseases, high and low blood pressure, bones, nerves, joints, arthritis - baay, sciatica, palsy - paralysis, chronic headache, migraine, eye diseases, all skin diseases, STDs of males - females, premature ejaculation, impotency, childlessness, bone fever, malaria, asthma, snofilia and obesity. The hospital also claims to give complete cure of piles without an injection and operation. The Advertisement is in Breach of the law as it violated The Drugs & Magic Remedies Act and contravened Chapters I.1 and III.4 of the ASCI Code. 
23.  Saint Life Care Private Limited – (24 Carat Tulsi): The advertisement of 24 Carat Tulsi claims to reduce harmful effects of urea in fruits and vegetables. It is an anti-oxidant which is beneficial in chemotherapy. It is also beneficial for diabetic patients as tulsi increases insulin level, these claims were not substantiated.
24.  Dr Paul's Multispecialty Clinic Private Limited - The advertisement of Dr. Paul's Multispecialty Clinic claims to be No.1 clinic for hair, skin and cosmetic surgery of Eastern India. Dr. Paul claims to be ‘The Pioneer in Meso treatment’ was not substantiated by comparative data versus other clinics.
25.  Sumaya Herbs (Madhumeha Vijay Capsules): The advertisement of Madhumeha Vijay Vati claims in producing sugar in complete quantity and helps in getting rid of diabetes. The advertisement is in Breach of the law as it violated The Drugs & Magic Remedies Act. The advertisement contravened Chapters I.1 and III.4 of the ASCI Code. 
26.    Dr Rekhas Skin and Slim Centre: The advertisement claims that the centre provides treatments that help you reduce 5 to 7 kgs in one month thereby giving a 100% success. The visual showing “the before and after effect” of treatment was considered to be misleading. 
27.    Herbal Life Nectar: The advertisement of Herbal Life Nectar claims that the product makes body energetic and fit. It further helps in improving physical and mental strength. The advertisement also states that Herbal life Nectar is a multi-beneficial product which provides nutrition to each part of body, improves digestion, increases sexual vigour, develops brain of a child, helps to overcome depression and irritation, detoxifies body naturally, improves immune system and gives extra glow to skin. Doctors are also shown to endorse the product and advise viewers to take the supplement in place of medicine. The product also helps in coping with depression and in endowing an attractive body. The Ad contravened Chapter I.1 of the ASCI Code as well as Advertising Code – 7 [5] under the Cable Television Network Rules, 1994.
28.  Kerala Ayurvedic Healthcare: The advertisement of the centre claims to have developed special herbal oil for treatment of psoriasis. It even says that treatment is a better option than cure for the disease. Claims made in the advertisement were not substantiated with clinical data and proof of efficacy of the product.
29.  Gulati Physiotherapy and Pain Relief Centre: The advertisement of the centre claims get rid of pain and disease within 5 minutes was not substantiated and was considered to be misleading by exaggeration.
30.  Nigam Clinic: The advertisement of the clinic claims to dissolve and remove all kinds of stones from the body. Completely ayurvedic and safe medicine, no need for operation. The claims made in the Ad were not substantiated.
31.  Hair Protection Hair Oil: The advertisement claims that the oil stops hair fall and early greying were not substantiated
32.  Piles Vijay Amrit: The advertisement of the product claims to provide a 100% permanent solution for piles. It also claims that the product helps in controlling bleeding and pain thereby giving permanent relief from piles.100% ayurvedic medicine that gives guaranteed results the advertisement is in Breach of the law as it violated The Drugs & Cosmetics Rule 106.
33.  Teleone Consumer Products P. Ltd. (No Piles): The advertisement of the product claims that their product gives a permanent solution/cure for piles. The product is a 100 percent herbal medicine that gives guaranteed results. “No Piles means No Piles” was not substantiated. 
34.  Teleone Consumer Products P. Ltd. (Diaba Amrit): The advertisement claims that Diaba Amrit effectively treats diabetes without giving any side effects. The product says that it is completely capable in maintaining the sugar level and prevents diabetes in minimum time period. The claim “Diaba Amrit controls diabetes” was not substantiated.
35.  Sky Brand India (Slim X Pro): The advertisement of the product claims that it can effectively reduce weight with their herbal product. The product does not only reduce body plumpness but also adds extra glow to the face and provides better digestion. It says that the product is 100 percent ayurvedic product, which not only only reduces fat, but also helps in maintaining the fitness of body without any diet and exercise. The Ad contravened Chapters I.1 and I.5 of the ASCI Code as well as Advertising Code – 7 [5] under the Cable Television Network Rules, 1994.
36.  Godrej Consumer Products Ltd (Godrej Expert Rich Crème Hair Color): The advertisement of the product claims to be a ‘Best Ever Hair Color’ as it does not have ammonia. This claim is misleading by implication and omission that it is the best product and other products in the market have ammonia. Also, the TVC claim incorrectly imply that other products have ammonia and thus it disparages competitive products.  The TVC contravened Chapters I.4 and IV.1 (e) of the Code. 
37.  Shree Dhanwantri Herbals (D- Fit Capsule): The advertisement of D-Fit capsule claims that it consists of Swarna, Basantkusumakarras, Shilajit, Gudmaar and Vijaysar. Out of which Gurmar and Vijaysar, helps in reducing the sugar level in the body. Claims in the Ad were not substantiated.
38.  Zenvista Meditech Private Limited – (V-Secret Gel): The advertisement of the gel claims that it revives the shape and tightness of the vagina which is often affected after motherhood and ageing. One can see results within 2 weeks of using the gel. The advertiser also claims that it is a Certified Ayurvedic Medicinal Cream. The visual showing the after effect of the treatment was misleading.
39.    Jindal Healthcare - Thrill Power: The advertisement of Thrill Power claims to be an effective medicine for enhancing sexual powers, especially in men. The advertisement claims that the product is capable of maintaining healthy sexual arousal in men. The advertorial describes Thrill Power as an ‘ultimate supplement’, which is beneficial for men suffering from erectile dysfunction. It says the product is an ‘ayurvedic formula’ for natural sexual enhancement. The advertisement is in Breach of the law as it violated The Drugs & Magic Remedies Act.
40.  Anti Addiction: The advertisement Anti Addiction claims that it is an effective medicine for treating addictions such as drugs, cigarette, and alcohol and tobacco. The advertiser further claims that Anti Addiction is a 100 percent ayurvedic medicine with no side effects and various health benefits. The product not only helps its user in becoming free from any type of addiction, but also helps in removing all toxins from the body thereby bringing positive changes in one’s life.  The Ad contravened Chapter I.1 of the ASCI Code as well as Advertising Code – 7 [5] under the Cable Television Network Rules, 1994. 
41.  Tele 24 Hour (Figaslim): The advertisement of Figaslim claims to be an effective method of reducing weight. This product is 100 percent ayurvedic, which not only reduces fat, but also helps in maintaining body weight. The advertisement also claims that Figaslim is 100 percent more effective than the cardio weight machine, belts and 2000 percent safer than the weight of reduction surgeries. It further claims that the product helps in losing weight by improving the body’s metabolic rate, were not substantiated.
42.  Japani Oil: The advertisement of the oil claims that it enhances sexual performance among men. The oil is 100 per cent herbal which is exclusively meant for sexual pleasure for men violated The Drugs & Magic Remedies Act.
43.  Dr. Batra’s Homeopathy Clinic: The advertisement of the clinic claims of treating 45000 allergy patients with a success rate of 94 percent. Advanced scientific tools to detect the cause of allergy in 30 minutes and the diagnostic technology helps in giving accurate and reliable results, without the assistance of a laboratory. Authenticated by American Quality Assessors they give holistic 360 degree approach for treating allergic patients. Claims made in the Ad were not substantiated.
44.  Shree Maruti Herbal – (Marutis D-Diabetes Powder): The advertisement of Marutis D-Diabetes Powder claims that it improves the process of utilizing glucose (Blood Sugar Management) and helps in increasing the flow of hormones. Patients consuming D-Diabetes Smart Powder are living a tension free healthy life. Claims in the Ad were not substantiated with adequate scientific and clinical data.
45.  NirmalAyur Life Private Limited (NirmalObamin Plus): The advertisement claims that it helps one lose weight up to 15kg without any side effects. It neither requires strict diet nor exercise, were not substantiated.
46.  Dr Gupta Stone and Uterine Fibroid Clinic: The advertisement of the clinic claims they have been successful in treating stone and uterus problems without any operation and without any pain. They also claim to have successfully treated kidney stones, bladder stones, gall stones, hair loss, ovary tumour, baldness, dandruff and premature greying of hair.
47.  RupamUbtan: The advertisement of the product claims that it provides permanent fairness was not substantiated.
48.  Unani Medicine–(Mughal-E-Azam Cream): The advertisement of the cream claims to provide a new treatment for smallness, impotency, and premature ejaculation. It also claims that within 10 days the penis will become thick and longer by 1 to 2 inches. The Ad was in Breach of the law as it violated The Drugs & Magic Remedies Act.
49.  Shree Dhanvantari Pharmacy – (SundariSudha): The advertisement of SundariSudha claims that the syrup comprises highly condensed mixture of herbs which are not present in any other syrup available in the market.  The medicine also helps in getting rid of frequent miscarriages and avoids the problem of infertility. So, those girls who have attained the age of 14 will not have to face the problems due to hormonal changes. The advertisement violated The Drugs & Magic Remedies Act.
50.  Enhance Aesthetic and Cosmetic Studio: The advertisement of the studio claims to cure Alopecia. They claim to provide hair related services by using stem cell therapy but visuals imply curing of baldness. The advertisement contravened Chapters I.1, I.4 and III.4 of the Code.
51.  Jagat Pharma – (Isotine Eye Drops): The advertisement of the drops claim that they successfully treat cataract, near vision, kala pani, diabetic retinopathy, macular degeneration, retinitis piramentosa, colour blindness etc.
52.  Minerals For All (Anderson’s Concentrated Mineral Drops): The advertisement claims to cure major diseases like arthritis, cancer and diabetes by using Concentrated Mineral Drops. It also claims to be a single remedy for all health related issues thereby giving a complete solution for ‘Healthy Glowing Skin’.
53.    Yogi Herboclub (Slim Trim): The website advertisement of Slim Trim claims that it helps reduce excess fat and weight. It is a 100 percent natural herbal diet. The key ingredients in the product interact with the body's natural process of metabolism; prevent fat formation, cut fat in human body and keep the body slim-trim.
54.    Direct Hair Implantation: The advertisement claims to give guaranteed results in hair implantation with no strips, scars or stitches, pain or discomfort. Giving superior hairline design and maximum density in one session, were not substantiated
55.  Shathayu Ayurveda: The advertisement of the product claims that it removes used hormones from the body by giving ayurveda treatment of ancient detoxification process that enables the growth of new hormones by the liver was not substantiated.




EDUCATION:

The CCC found following claims in print advertisements by 42 different advertisers were not substantiated and thus, violated ASCI Guidelines for Advertising of Educational Institutions and hence the complaints against these ads were UPHELD –

1.      Accurate Academy: The advertisement of the academy claims that it gives 100 percent guarantees of passing otherwise they would refund the fees.
2.      Mangalayatan University: The advertisement of the university claims to be ranked No.7 in northern India according to Chronicle B-School Survey 2014.
3.      Popular Academy: The advertisement’s claims of 100 percent success assurance in IBPS/SBI /Co-Operative Bank, Bank Exams and PSC Coaching.
4.      The Sagar School: The advertisement claims to receive International School Award in 2010 – 2013. Krupanidhi College: The advertisement claims to be Asia's fastest growing private education institute by WCRC - Leaders - Asia Education as evaluated by KPMG.
5.      Varun Study Centre: The advertisement of the centre claims that it is India's No.1 GK faculty under guidance of Appalanaidu Sir.
6.    IMS Educational Society – (IMS-Noida): The advertisement claims to be ranked Top 22 B-school in North Region by The Week Magazine. Mail Today has ranked it as Top 11th Best B-School of Delhi NCR. It is also ranked as one of the Top 10 Best B-School for placement pan India by Business and Management Chronicle Magazine. It also claims to give 100% job placement.
7.    Sharda Group of Institutions – Sharda University: The advertisement of the university makes claims of being awarded the rating of the best private university for four consecutive years.
8.      Backspace Communications: The advertisement of the institute claims that it is a superior institute when compared with other institutes. This appears to be detrimental and defames other educational institutions of repute.
9.    CL Educate Ltd.: The advertisement claims selection of 1003 out of 1637 in CLAT 2013 which was not substantiated.
10. Triveni Academy: The advertisement of Triveni Academy claims of 97.0% residential result in the CHSE Result 2014.
11.  Vikash Group of Institutions: The advertisement of Vikash Group Of Institutions claims a 100% success with exceptional percentile in CBSE and CHSE +2.
12.  ODM School of Human Excellence: The advertisement of ODM School of Human Excellence claims to give ‘100% Residential Result’.
13.  Vedbyash Residential College: The advertisement of Vedbyash Residential College claims to give 100% success with real education.
14. Resonance EduventuresPvt. Ltd.: The advertisement claims to have highest number of students qualified when compared with any Institute in India.
15.  C V Raman School for IIT-JEE: The advertisement claims “Assured Success In +2 Board Exam & Engg/ Medi Entrance Exam”.
16. Footwear Design and Development Institute (FDDI): The advertisement claims that FDDI is ranked A+++ category. It claims that the institute is amongst the Top 10 Colleges in terms of infrastructure and placement.  Further it says that it has 100% placement with leading corporates in India and abroad.
17. Indo Global Colleges: The advertisement claims the college is ranked No.3 in placements amongst all colleges in Punjab (PTU 2011) Official Ranking of PTU – Jalandhar.
18.  KristuJayanti College: The advertisement claims that KristuJayanti College is one of the top colleges of India when surveyed by India Today in 2010, 11, 12 and 13. It further claims that it is ranked No.1 Best Emerging Commerce College in India, ranked No.32 among Best Arts College in India and ranked No.1 as Best Emerging Science College in India. In addition, the advertisement also claims to be ranked No.4 and No.9 College for Arts and Commerce streams respectively in Bangalore.

Complaints against advertisements of all educational institutes listed below were UPHELD because of unsubstantiated claims that they ‘provide 100% placement/AND/OR they claim to be the no.1 in their respective fields’:


KishorTripathis Classes, NIBMS Career Coaching Centre, PSNA College of Engineering and Technology, Adesh Institute of Technology’s Job Mania, Heritage Institute Hotel and Tourism, ARC Computer Education, American Institute of English Language, Mohandas College of Engineering and Technology, Ratnashila Institute of Paramedical Science, Meenakshi Group of Institute, Vikas Academy, Kollywood Academy, SRM University from the SRM Group of Institutes, National Academy of Event Management and Development, Gandhi Engineering College, Alpha College of Engineering and Technology, Aptech Limited’s Arena Animation Academy, College of Fire Engineering and Safety Management, Jagannath Gupta Institute of Engineering and Technology, Jain University, Malabar College of Engineering and Technology, RIG Institute of Hospitality and Management, Gyan Ganga Group of Institutions’s Gyan Ganga Institute of Technology and Management, Shree KarniSewaSamiti Trust’s Shree Karni College

FOOD and BEVERAGES:

The CCC concluded that the claims mentioned in these 3 advertisements were not substantiated.  The advertisements contravened ASCI’s Code.  The complaints were UPHELD.

1.       Marico Limited (Saffola Gold Oil):  The advertisement of Saffola Gold Oil claims that it is not just an oil but has a scientific solution for every heart. Saffola Gold Oil sets a benchmark not with other oils but with the best advancements in heart care. Comparative data were misleading by implication.
2.       Wipro Ltd. - Glucovita: The advertisement shows a small boy in his school uniform sitting on a park bench and teasing a dog who is tied to another bench. The dog unleashes itself from the bench and runs after the boy who flips a tablet of Glucovita into the air and catches it with his mouth and runs faster and leaves the dog far behind. This suggests a dangerous act.  The CCC concluded that the visual of “a boy flipping the Glucovita Bolts in the air and catching it in his mouth”, shows a dangerous act which is likely to encourage minors to emulate such act in a manner which could cause harm or injury.  The advertisement contravened Chapter III.2 (b) of the Code.
3.      Mahashian Di Hatti Ltd (MDH Masale): The advertisement of MDH Masale shows two males riding motorbikes without helmet.  The CCC viewed the TVC and concluded that the visual of “two males riding motorbikes without helmet” promotes unsafe practices.  The advertisement contravened Chapter III.3 of the ASCI Code. The complaint was UPHELD.
 

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