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
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–(KundanK
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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