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ASCI Upheld Complaints Against 109 Out Of 155 In May 2016

MediaInfoline August 4, 2016
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In May 2016, ASCI’s Consumer Complaints Council (CCC) upheld complaints against 109 out of 155 advertisements. Out of 109 advertisements against which complaints were upheld, 41 belonged to the Healthcare & Personal Care category, 23 to the Education category, followed by 12 in the Food & Beverages category, 9 in the E-commerce Category, 9 in Consumer Durables Category and 15 advertisements from other categories.

HEALTH & PERSONAL CARE

The CCC found the following claims in health care & personal care product or service advertisements of 41 advertisers 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 advertisements also contravened provisions of the Drug & Magic Remedies Act and Chapter 1.1 and III.4 of the ASCI Code. Complaints against the following advertisements were UPHELD.

  1. Hindustan Unilever Ltd. (Sunsilk Shampoo): The advertisement’s claim, “3 months mein lambe baal”, was not substantiated and is misleading.
  2. Hindustan Unilever Ltd. (Fair & lovely Ayurvedic Care): In the advertisement the claims in Marathi (when translated into English), “Power packed with natural anti-oxidants that removes scars” and “A natural astringent that calms the skin and provides freedom”, were not substantiated and were misleading.
  3. Emami Limited (Navratna Tel): In the advertisement, the claimed benefit of efficacy in two minutes i.e., “Sirf Do Minute Navratna Tail Ki Thandi Maalish Dinbhar Ke Sardard, Tension, Thakaan Ko Jhat Se Bhagaye” and “2 min mai tension bhagaye, thakaan mithaye, sardard bhagaye, Anindra se chutkara dilaye”, were not adequately substantiated and were misleading by ambiguity.
  4. Godrej Consumer Products Limited (Godrej Expert Rich Crème Hair Color): The advertisement’s claim, “damage free” was absolute and was not adequately substantiated nor was it qualified. The claim was misleading by ambiguity as there was no rationale provided about the uniqueness of the product composition and its mechanism of action to support as to how this formula does not cause any hair damage as claimed.
  5. Lotus Herbals Limited (Lotus Safe Sun Whitening Plus): The advertisement’s claim, “SPF 40, PA+++give complete sun protection from UVA /UVB rays”, was not substantiated and is misleading.
  6. Nisha Herbal Products (Safrogel Cream): The advertisement’s claim (in Marathi), “Gori Gori Laakhat Bhaari, Nisha Herbal cha Safrogel Gori panaacha maha mantra” conveys that fair complexion is an enabler to become popular and derides people with darker complexion by implication. The advertisement also contravened ASCI’s Guidelines of Advertising for Skin Lightening or Fairness Improvement Products (“Advertising should not communicate any discrimination as a result of skin colour.”).
  7. Patanjali Ayurved Ltd. (Divya Swasari Pravahi): The advertisement’s claims, “Thousands of banned medicines are being sold in the market. The harmful results of these bad chemicals are surfacing now. Thousands of pharmaceutical companies are paying crores of rupees as a fine for this act. Besides this, health of people is getting affected by these chemicals”, were factually incorrect and not substantiated with authentic supporting data and are misleading.  Also, the claims are denigrating competition and puts the entire allopathic cough and cold medicine category in bad light. Further, the claim regarding, Divya Pharmacy Ayurvedic medicines i.e. “These medicines have 0% side effects and 100% results”, was not substantiated and is misleading.
  8. Patanjali Ayurved Ltd. (Obesity-Free Information Camp – Divya Mukta Vati & Divya Madhunashini Vati): The advertisement’s claim, “Conducting Trials On Over 1 Cr People”,  “It Gives Strength To Pancreas & Naturally Controls Diabetes” and “It Also Controls The Most Dangerous Side Effects Of Diabetes Like Neuropathy, Nephropathy & Retinopathy”,  were not substantiated and are misleading by exaggeration.
  9. Patanjali Ayurved Ltd. (Patanjali Dant Kanti): The advertisement’s claims, “It is trusted brands of crores of countrymen”, “herbal toothpaste”, “long duration protection” and “full profit of this product goes to educational charity” were not adequately substantiated and are misleading by ambiguity and exaggeration.
  10. Patanjali Ayurved Ltd. (Divya Swasari Pravahi): The advertisement’s claims, “Their medicine has 0% side effect and 100% effective” and “They have used this product for more than 20 years on ‘LACS and CRORES’ of people” were not substantiated and are misleading by exaggeration.
  11. Patanjali Ayurved Limited (Patanjali Kesh Kanti Shikakai Hair Cleanser): The advertisement’s claim, “Reduces hair fall, graying and itchy scalp” was not substantiated and is misleading.
  12. Patanjali Ayurved Limited (Patanjali Kesh Kanti Reetha Hair Cleanser): The advertisement’s claim, “strengthens roots” was not substantiated and is misleading.
  13. Patanjali Ayurved Ltd. (Patanjali Kesh Kanti Natural Hair Cleanser): The advertisement’s claim of alleviating, “hair fall, hair breakage and dryness” was not substantiated and is misleading.
  14. Razorbill’s (Razor Slim Capsules): The advertisement’s claims, “Razor slim is one stop solution for all the fat related problems of the patients. It reduces bad cholesterol and detoxifies the body. Razor slim has specifically chosen highly effective herbs which help reducing weight.”, were not substantiated and are misleading.  Also, the visual showing the images of before and after the treatment were considered to be misleading.
  15. Razorbill (Razor Slim Ayurvedic Instant Slimming Capsule): The advertisement’s claim, “Order Razor Slim for Instant Fat Loss Today” was not substantiated and is grossly misleading by exaggeration.
  16. Razorbill (Razorslim1): The advertisement’s claim, “Razorslim – complete Ayurvedic way of losing fat most effectively without any side effect”, was not substantiated with clinical evidence or proof of efficacy for the product and is misleading. The visual showing the images of before and after the treatment were considered to be misleading.
  17. Razorbill (Spondireliv): The advertisement’s claim, “A complete cure of Spondylitis with a unique herbal formula”, was not substantiated with clinical evidence or proof of efficacy for the product and is misleading. Also, specific to the claim related to cure of Spondylitis, the advertisement is in breach of the law as it violated Schedule J of The Drugs and Cosmetic Act, 1940 and Rules, 1945.
  18. Razorbill (Razor Slim Ayurvedic Instant Slimming Capsules): The advertisement’s claims, “The most exciting fastest fat burner of India is here. The New Razorslim an Ayurvedic fat buster has shaped millions of people across the country”, “Razorslim has specifically chosen highly effective herbs which help reducing weight”, “Razorslim has two types of capsules. No1 capsules help in removing fat from the body and No2 capsules help in evacuating the removed fat through excretory system”, “Used by Millions to Lose Weight Fast” and “Clinically Proven”, were not substantiated and are grossly misleading.
  19. Shree Maruti Herbals Pvt. Ltd. (Stay On Power Oil): The advertisement’s claims, “Helps rejuvenate and strengthens weak nerves” and “Massage daily and experience the height of pleasure”, were not substantiated and are misleading.   Also, the claims read in conjunction with the pack visual, imply 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.
  20. Batra’s Positive Health Clinic Pvt Ltd – (Hair Loss Treatment): The advertisement’s claims, “41% of men with full heads of hair were selected for job interviews as compared to only 27% of balding men” and “56% of women think that men with hair loss look at least 5 years older than their actual age”, were not substantiated and are misleading.
  21. Dr Batra’s Homepathy Clinic (Largest Hair Treatment Clinic): The advertisement’s claims, “World’s largest hair treatment clinic” and “Over seven lakh hair loss patients treated successfully”, were not substantiated and are misleading.
  22. Ratnasagar Herbals Pvt. Ltd. (Joy Pure Aloe Multi Benefit Body Lotion): The advertisement’s claim, “anti-ageing”, “anti-pollutant” and “UV protection” were not substantiated and were misleading by exaggeration.
  23. Ayurwin Pharmaceutical Pvt. Ltd. (Ayurwin Nutrigain+ Powder and Capsules): The advertisement’s claim, “This Summer Along With Strong Body, Keep Your Body Cool” and “Look Strong & Fit, Gain Your Body Weight”, were not substantiated and are misleading.
  24. Clinic Dermatech (Weight Loss by Cryosculpting): The advertisement’s claim, “Eliminate stubborn fat in the coolest possible way – Cryosculpting” was not substantiated and was misleading by gross exaggeration. The reference to “No Special diet” and “No supplements” was considered to be misleading by ambiguity as the procedure alone would not provide a patient with the benefit of fat elimination.
  25. Salzpa’s -HSR (Salt Room Therapy) (100% Natural Drugless Therapy from Europe): The advertisement’s headline states, “Breathe a new life with the founders of Salt Room Therapy (Under the guidance of Prof. Alina V. Chervinskaya, M.D. Ph.D)”, thereby giving an impression that the treatment would be with active participation from Dr Alina whereas this is not the case. It was concluded that the claim was not substantiated and is misleading by ambiguity.
  26. Bhavana Shah Fitness Highway (Fat Freeze): The advertisement’s claims, “8 Session of Tummy Tuck U-Lipo Rs. 20,000/-* FREE*”, “Fat Freeze More Advanced than U-Lipo” and “No Diet”, were not substantiated and are misleading.  Also, the visual showing the images of before and after the treatment were considered to be misleading.
  27. Om Sai Ayurveda India Limited (Om Sai Ayurveda’s Range of OTC Products): The claims in the advertisement (in Hindi) as translated into English, “Reduce Sugar or Else Get Your Money Back*” and “Over the past many years Om Sai Ayurveda India Limited is doing a deep research on Ayurveda. It is an ISO 9001: 2008 certified company that has found out a unique treatment that helps maintain the blood sugar level”, were not substantiated and are misleading.
  28. Naturoveda Health World (Zilaxo): The advertisement’s claims, “The fact that ‘Zilaxo Advanced Pain Solution’ has been awarded by the Union Minority Affairs Minister Najma Heptulla in 2015 as well as by the Union Science & Technology and ex-Health Minister Dr. Harsh Vardhan in 2016 has proved once again that its treatment procedure is very effective, completely safe and 100% scientific” and “Awarded as “The Most Promising Brand Equipped With Internationally Acclaimed Technologies”, were not substantiated with authentic supporting data and are misleading.
  29. Pushkara Herbals (Pushkara Bone & Joint Capsules): The advertisement’s claim, “Doctor’s Trusted Brand” was not substantiated with any data and is misleading.
  30. Lifezen Healthcare Pvt. Ltd. (Eye Spa Eye Drops): The advertisement’s claim, “No. 1 Formula Recommended By Eye Specialists” was not substantiated with evidence that CMC formula is the most recommended formula and the claim is misleading by ambiguity and implication that the claim holds for the advertiser’s product.
  31. Olivet Pharma Pvt. Ltd. (Ayusya Superspeciality Treatment Centre): The advertisement’s claim, “Get Freedom from Osteoarthritis, Rheumatoid Arthritis” was not substantiated and is misleading.
  32. Chemical Resources (Chemforce Capsules): The advertisement’s claim, “one capsule daily” was addressed to all men. The product is meant for “treatment of symptomatic hypogonadism” as a “testosterone booster” and the safety of the product for its long term use was not substantiated. The advertisement was misleading by ambiguity and omission and encouraged negligence.
  33. Speed Height Capsule: The claims in the advertisement (in Gujarati) as translated into English, “Good height makes career bright”, “Speed Height™ Capsule – It can be beneficial for me also”, “Effective Ayurvedic medicine” and “Helps in physical development”, were not substantiated and are misleading.   Also, specific to the claims implying increase in height, the advertisement is in breach of the law as it violated The Drugs & Magic Remedies Act.
  34. Vee Care Marketing World Pvt. Ltd. (Vee Care Ayurveda): The claims in the advertisement (in Hindi) as translated into English, “Increase your height otherwise* get your money back” and “This Medicine is helpful in increasing the Height. And it has No Side Effects”, were not substantiated and are misleading.   Also, specific to the claims related to increase in height, the advertisement is in breach of the law as it violated The Drugs & Magic Remedies Act.
  35. Dr P K Jain Clinic: The claims in the advertisement (in Hindi) as translated into English, “World’s No.1 TOP Ranking Sexologist”, “One and Only Experienced Highly Qualified Doctor”, “Masculine weakness, Early Ejaculation, Sperm faltering, Small and Extenuation organs and one and only secret disease specialist who is honoured with award by world level scientist research for successful treatment of other Venereal disease”,  “Honoured by best sex clinic of the millennium award” and “Special successful Treatment for sexual problems like Sexual debility, Lack of sex, masculine weakness/Sexual Weakness and Undeveloped male organs”, were not substantiated and are misleading.   Also specific to the claims related to successful treatment of sexual problems, and the advertisement visual implying enhancement of sexual pleasure, the advertisement is in breach of the law as it violated The Drugs & Magic Remedies Act.
  36. Naturoveda Health World: The advertisement’s claims, “Piles, Fissure and Fistula can be eradicated without surgery.” and “The unique combination of Fundamentals of Ayurveda, Unani and Scientific Yoga can eradicate such anorectal diseases without surgery”, were not substantiated and were misleading by exaggeration. Further, the claim of “Winner of Hakim Ajmal Khan Global Award for the Best Ayurvedic & Unani Clinic” was not adequately substantiated with authentic support data and the year of the award was also not mentioned in the advertisement. Specific to the claim implying cure of Piles and fistula (conditions referred in Schedule J of the Drugs and Cosmetics Act) the advertisement is in breach of the law as it violated The Drugs & Cosmetics Rule 106.
  37. Rajnish Hot Deals Pvt. Ltd. (Play Win Plus Capsule): In the advertisement the claim (in Hindi) as translated into English, “Increase your Power, Strength, Extra Timing and Energy” was not substantiated with evidence of product efficacy and was misleading by implication . Also, the claims, “Secret to a Happy Married Life”, “one tablet one hour prior”, “Immediate effect” and “For powerful stamina” read in conjunction with the advertisement visual and pack visual of a couple 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.
  38. Rajnish Hot Deals Pvt. Ltd.: In the advertisement the product claims, “Effect starts from first day” with evidence of product efficacy and the claims are misleading by implication. Also, the claims, “If you want to make your life happy! Then make your wife happy!!!”, “…This badly affects their love life as well. They are unable to enjoy their love life.”, “Play Win Capsules are effective for this kind of problems. Which can help you gain your power, stamina, strength” and “By massage on weak nerves with few drops of Play Win oil, it will strengthen the vital organs of the body. This will ensure happy and satisfied married life”, read in conjunction with the advertisement’s visual and pack visual indicates 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.
  39. Herbal Clinic: The advertisement’s claims, “Sexual Weakness? Don’t be disappointed” and “Treats Nightfall, Premature Ejaculation, and Impotence” were not substantiated and are misleading. Also, specific to the claims implying treatment for impotence and sexual problems, the advertisement is in breach of the law as it violated The Drugs & Magic Remedies Act.
  40. Dynamic Memory Pvt. Ltd. (Dr. Biswaroop): The advertisement’s claim, ‘Diabetes Type I & II cure in 72 Hrs’ is false and is grossly misleading. Also, with reference to the advertisement claiming cure of diabetes, the advertisement is in breach of the law as it violated The Drugs & Magic Remedies Act.
  41. Chaturbhuj Company (Japani M & F): In the advertisement the claim (in Hindi), “Shokin log bhi istemal karke asar dekhe”, was not substantiated and is misleading by implication.  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, which is in breach of the law as it violated The Drugs & Magic Remedies Act.

EDUCATION

The CCC found following claims in the advertisements by 23 different advertisers were not substantiated and, thus, violated ASCI Guidelines for Advertising of Educational Institutions. Hence complaints against these advertisements were UPHELD.

  1. Clat Forum: The advertisement’s claims, “Meet the toppers of CLAT”, “Neha Lodha” shown as “Clat ’15 Topper”, were false and were misleading by implication. As per data submitted by the complainant and information available in the Public domain, Akash Jain was the Clat ’15 Topper.
  2. Pratham Education (Crash Course Batch 2016): The advertisement’s claims, “6 All India Rank 1’s in Entrance Exam of 2015”, “Crash Course Batch 2016”, “AIR 1, 6, 7, 8,  9, 10, 11, 13, 14, 15, 17 & 20 in Shaheed Sukhdev College of Business Studies”, “AIR 1, 2,3,4,5,7,11, 13, 15, 16, 18 &20 In IP University BBA Course”, “AIR 1 In IP B.Com”, “AIR 2,4,5,7,8,9,13,16,17,18,19 In Delhi University BBE Entrance in 2015”, “AIR 5,38,45 in IP BJMC & AIR 2,4,16,19 in Delhi University BMMMC Entrance in 2015”, “51 out of Top 100 Final selections in Delhi University BMS/BBA (FIA) Entrance in 2015”, “23 Final Selections in the Oberoi’s Entrance in 2015, were Pratham Students” and “37 Final selections in IN IIM Indore in 2015”, were not substantiated and were considered to be misleading by ambiguity and implication.
  3. Simplilearn Solutions Pvt. Ltd. (Simplilearn.com): The advertisement’s claim, “World’s largest Professional Certifications Company” was not substantiated and was grossly misleading.
  4. Legal Edge Tutorials: The advertisement showcasing the comparative data of various criteria indicated, showing Legal Edge to be better than other similar institutes, is not substantiated and is misleading.
  5. Made Easy Institute (GATE, ESE & PSUs Exams): The advertisement’s claims, “India’s Best Institute for IES, GATE & PSUs”,  “Crack in 1st attempt”,  “ Best faculty”, “Best study material”, “Best results”, “Best pool of faculty in India”, “Best  infrastructure & support”,  “Maximum selections with toppers”,  “The ONLY institute which has consistently produced Toppers in ESE, GATE and PSUs”,  “The results in ESE 2015 4 streams 4 first ranks, 38 selections in top 10, 350 selections out of total 434 vacancies” and “The results in GATE 2016 1st Ranks in ME, EE, EC, CS, IN & PI, 53 selections in top 10, 96 selections in top20 & 368 selections in top 100”,  were not substantiated with authentic evidence. There was no validation by an independent third party for the claims as well.  Also, the claims were considered to be misleading by exaggeration.
  6. Aldine Ventures Pvt. Ltd. (Aldine CA): The advertisement’s claim, “study from India’s best final faculty” and “Study from India’s best CPT faculty”, were false and misleading.  The advertisement contravened Guidelines for Advertising of Educational Institutions and Programs.
  7. Bhanwar Rathore Design Studio: The advertisement’s claims, “India’s No.1 Design Entrance Coaching Canter” and “Highest selection record from BRDS as compared to any coaching institute in India,” were not substantiated with authentic comparative data or with a third party certification. Such a comparative claims are not practically possible given the vast nature of the field of education and presence of a large number of institutes across India.
  8. Apeejay Education Society: The advertisement’s claim, “Highest Salary 6.2 L & Avg Salary 3.6 L”, was not substantiated with evidence to prove that the students have availed the claimed salary packages.
  9. Rau’s IAS Study Circle: The advertisement’s claim, “8 in top 20”, “39 in top 100” and “396 Total Selections”, were not substantiated with supporting data and are misleading.

 

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

Penguin School of Business Management (Lifetime 100% Job Guarantee), KL University, SCMS Group of Educational Institutions, Ucmas West Bengal, Apollo Engineering College, Bakliwal Tutorirals (IIT), Gurukul Institute (Personal Coaching for Spoken English), Amirta International Institute Of Hotel Management & Catering Technology (International University Diploma), Apeejay Education Society, Lloyd Business School, IMS-NOIDA (IMS Ghaziabad), United Group of Institutions (United Institute Of Management), Utkal University and New Delhi Institute Of Management.

FOOD & BEVERAGES

  1. PepsiCo India Holdings P. Ltd. (Pepsi): The claim in the advertisement, “Har Bottle par Paytm Cash pakka”, is misleading and luring the consumers to buy Pepsi bottles, with a minimum hope of getting some cash back through Paytm. The advertisement itself does not clarify the main condition for the offer of it being mobile number specific. Also, the disclaimers in the advertisement were not in the same language as that of the voice over.
  2. Britannia Industries Ltd. (Britannia Whole Wheat Bread): The advertisement’s claim, “100% Whole Wheat Bread” on front of pack is misleading by ambiguity as the Whole Wheat content in the product is in the range of 50% to 65% and other solid content in the product is coming from other sources.
  3. Yum! Restaurants (India) Private Limited (Pizza Hut): The advertisement’s claim, “Any Pizza Any Size @ 199 each when you buy 2 Pizzas”, regardless of the disclaimer the advertisement is misleading by omission of conditions.
  4. P Pan Products Pvt. Ltd. (Dabangg Pan Masala): The advertisement features Jimmy Shergil – a celebrity from the field of cinema for a product which has a health warning “Pan Masala is injurious to health” and which cannot be purchased or used by minors. As minors are 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 “………….. is injurious to health” in their advertising or packaging.
  5. GAIA Range of Health Foods and Nutritional Supplements: The advertisement’s claim, “GAIA’s Range of Health Foods and Nutritional Supplements helps you manage your weight more effectively, was not substantiated with any scientific evidence and is misleading.
  6. Sri Sri Ayurveda Trust (Ojasvita Health Drink): The advertisement’s claim, “Ojasvita’s 7 Power Herbs support your daily mental fitness needs” is not substantiated and is misleading.
  7. Patanjali Ayurved Ltd. (Patanjali Kachi Ghani Mustard Oil): The advertisement makes a sweeping statement that a majority of the products in the market are adulterated with addition of cheap palm oil. There was no authentic evidence to support this statement and the advertisement was misleading by exaggeration. The advertisement also unfairly denigrates other oil products calling them as cheap adulterants.
  8. Patanjali Ayurved Ltd. (Patanjali Jeera Biscuit): The advertisement’s claim, “100 percent Atta, cholesterol free, low Sodium salt”, is not substantiated and is misleading by ambiguity as the advertiser did not provide any quantitative declaration of the various ingredients used in the manufacturing of the product. Further, the advertisement claims, “Benefits of Jeera”. It was acknowledged that Jeera (cumin) has benefits as a single ingredient, but its presence in the product was not substantiated to signify its quantity in the product. Also presentation of these claims on the packaging material (rich in iron Increase haemoglobin and help in acidity and other stomach related problems) was misleading by implication that the product Jeera biscuit would provide those benefits.
  9. Patanjali Ayurved Limited (Patanjali Kacchi Ghani mustard oil): The advertisement’s claim, “Other than Kacchi Ghani process most of the other edible refined oils and mustard oil are made using Neurotoxin Hexagon Solvent extraction process, to make profits at cost of consumers’ health, many companies mix cheap palm oil in mustard oil” was not substantiated and the claims are misleading by gross exaggeration. The statement also unfairly denigrates other oils / mustard oil.
  10. Bhaskar Venkatesh Products Pvt. Ltd. (Bhaskar Salt): In the advertisement, the reference to “No need to worry” read in conjunction with the mention of “blood pressure, acidity” further recommending “eat Bhaskar salt” was misleading, by implication. The advertisement implies that Bhaskar salt is safe even in case of blood pressure and acidity.
  11. Khoday India Limited (Peter Scot): As the advertiser did not provide the annual market sales data of the product/service advertised “Golf accessories”, it was concluded that the advertisement was a surrogate advertisement for a promotion of a liquor product – Peter Scot.
  12. Vaidban Ayurved Bhawan’s (Kamri Slimming Green Tea): The advertisement’s claim, “Kamri Slimming Green Tea – Keeps you slim and smart always”, was not substantiated and is misleading by exaggeration.

ECOMMERCE

  1. com Inc. (Amazon Kindle): The advertisement’s claim, “Unlimited Reading”, is not substantiated and is grossly misleading. Also it was noted that the advertisement did not have any disclaimers as well, for the limit of ten books cannot be considered as an “unlimited” offer.
  2. com, Inc (Friendly Customer Service): The advertisement’s last scene showing “a scooterist out of fuel being towed by another scooterist with his left leg and giving a final push towards the petrol pump”, shows and encourages a dangerous practice without justifiable reason, and manifests a disregard for safety and encourages negligence.
  3. Flipkart Internet Private Limited (Sansui 5 Star Split A/C): The advertisement of flipkart.com on Google search engine claims, “Sansui AC @ Rs.19, 990/- – Sansui 1 Ton 5 Star Split AC” was false and grossly misleading as product was not available at the claimed price.
  4. Flipkart Internet Pvt. Ltd. (Air Wick Automative Spray Rose Liquid Air Freshener): The advertisement’s claims, “100% original products” and “Flipkart matlab bilkul pakka” were not substantiated and were misleading by exaggeration.
  5. Naaptol Online Shopping Private Limited (Naaptol.com) (Electric Pest and Insect Control Machine): The advertisement’s claim, “Drives Away Insects & Pests.” is false and is misleading by gross exaggeration.
  6. ANI Technologies Pvt. Ltd. (OLA Cabs): The advertisement’s claim, “OLA Micro @ 6/km”, was not substantiated and is also misleading by omission of a disclaimer of other applicable additional charges.
  7. com: The advertisement’s claim, “Asus Zenfone 2 at Rs 1435”, was not substantiated and is grossly misleading.
  8. Quikr India Pvt. Ltd. (Quikr): The advertisement’s claim, “Get Quikr Free delivery”, is false and misleading.
  9. Play Games24x7 Private Limited (rummycircle.com): In the advertisement on their website, some of the profiles of their winners used in the advertisement are false and misleading.

 

CONSUMER DURABLES

  1. LG Electronics India Pvt. Ltd. (LG Air conditioners): The advertisement’s claims, “The AC That Saves Every Day”, “LG – No.1 Air Conditioner” and “Mosquito Away”, were not substantiated and are misleading.
  2. LG India Pvt. Ltd. (LG Water Purifiers): The claim in the advertisement, “Using Plastic Tank is injurious to health”, was not substantiated and is misleading.  Also, the claim unfairly denigrated the entire class/category of Plastic tanks.
  3. Kent RO Systems Ltd. (Kent-Air Purifier): The advertisement’s claim, “Most trusted brand in Home Appliances” was not substantiated. Also, the source and date of the Brand Trust Report is not mentioned in the advertisement. Further, the advertisement’s claim, “Makes the air in your homes/office rooms pure with Kent HEPA Technology”, “Removes particulate matter (PM 2.5) from air” and “Protects you from harmful impurities in air”, “protect your family from airborne diseases”, were not adequately substantiated and are therefore considered to be misleading by implication that the product provides more benefits that it actually delivers and by exaggeration.
  4. Kent RO Systems Ltd. (Kent Vacuum Cleaners): The advertisement’s claim, “Makes your bed clean by disinfecting with UV light” was not substantiated and is misleading by exaggeration.
  5. Eureka Forbes Ltd (Dr. Aquaguard Water Purifier): The advertisement’s claim, “Dr. Aquaguard Magna – Paani ka Doctor”, in absence of a qualifier for the word “Dr Aquaguard” with ‘TM’ or ‘R’ as the case may be, consistently throughout the promotional material, the advertisement was misleading by omission.

Further, for the advertisement’s claim, “It is customised purification solution that’s designed to deliver you more than shuddh, healthy, water to protect your family’s health”, the use of the word ‘customized’ in the context of the advertisement (without reference to only the specific variants) in the description was misleading by ambiguity.

The advertisement also claims, “Trust of over 100 lakh mothers”, which was not substantiated and was misleading by ambiguity, as the motherbrand “Aquaguard” did have support data on “Trust” parameters but such data was not available for the product being advertised i.e. Dr. Aquaguard Magna.

Also, the advertisement’s claim, “owned by over 1.62 lakh doctors” was not substantiated for Dr. Aquaguard Magna and was misleading by ambiguity, as the advertiser has provided the certificate for the motherbrand “Aquaguard” and substantiated the claim, but this data does not correspond to the product being advertised i.e. Dr. Aquaguard.

The advertisement’s claim, “sold in over 35 countries worldwide”, was not substantiated and was misleading by ambiguity, as no evidence was provided for the claim for the advertised product Dr Aquaguard Magna or Aquaguard.

The advertisement also claims, “certified by over 130 leading national and international laboratories”, was not substantiated and was misleading by ambiguity, as the data for certification was not available for the product being advertised “Dr. Aquaguard Magna”. Also, the reference of “certified” was considered to be ambiguous as it was not apparent what the certification was for (i.e. nature of each certification could be different).

Lastly, the advertisement’s claim, “magnetis(es) water to de-cluster water molecules to make water more bio-available by unlocking the nutrients in water”, was not substantiated and was considered to be misleading by ambiguity and omission.

  1. Havells India Limited (Standard Fans): The advertisement’s claim, “Best in the Industry Air Delivery” was found to be unsubstantiated. The claim is also likely to mislead the consumer that all Standard brand fans have “best in the industry air delivery”.
  2. Voltas Ltd. (Voltas All Star AC): The claims in the advertisement (in Hindi), “Ab ek ke kharche mein 2 AC chalaiye”, is misleading by omission of disclaimers giving reference to the comparison being made between  a  Voltas  All  Star Inverter AC and a Conventional Start-Stop  AC.
  3. ETA Star Appliances Private Limited (Vestar AC): The advertisement’s claim, “Up to 50% Power Saving” was not substantiated and is misleading by ambiguity.
  4. Symphony Ltd (Symphony Air Coolers): The advertisement’s claim, “India’s Most Trusted Cooler Brand” and “It consumes the same amount of electricity as a fan” were not substantiated with any evidence of technical testing or market research and are misleading.

 

OTHERS

  1. Axis Bank Ltd. (Business Banking Solutions): The advertisement’s claim, “complete business banking solutions” is misleading by ambiguity as there are certain restrictions in the features offered by the Bank. Also, the hold duration and the language of the disclaimer are not as per ASCI Guidelines on Supers.
  2. Xiaomi Logistics (Mi 5 & f Note 3): The advertisement’s claim, “Redmi Note 3, Gold/Silver/Dark Grey Flash Sale – Sale Opens at 2.00 pm, April 13” is false and grossly misleading.
  3. Dabur India Ltd. (Odonil Nature-1 Touch Air Sanitizer): The claims in the advertisement (in Gujarati) as translated into English, “First time” and “Guarantee of germ free* air in your home for your children”, were not substantiated and are misleading by exaggeration.
  4. Kbnows Society: The advertisement’s claim, “Earthquake resistant up to 9-10 Richter scale”, was not substantiated and is misleading.
  5. AirAsia India Limited (Air Fair): The advertisement’s claim, “Air Fare from Chennai to Australia is available for 4999”, is false and misleading.
  6. Hindustan Media Ventures Ltd (Hindustan Hindi Newspaper): The advertisement’s claims, “Hindustan – Hindi Shetra ka No. 1 Akbhar” read in conjunction with the disclaimer, is false and misleading by implication, as readership numbers of a few states to claim the No.1 position in the Hindi Region were selectively added.
  7. Siddha Vaseekarna Kavacham: The claims in the advertisement (in Kannada) as translated into English, “If you wear or keep  “Siddha vaseekarana kavacham”  (activated Hypnosis Armor), people like Hard-hearted husband and wife, boyfriend and girlfriend, Government officials, business men, customers will act as your choice. For Business development, Conquers enemies (wins from enemies), winning from court cases, success in exams, for desired vehicle, love and for romantic relationships, Bring the powerful “Siddha vaseekarana kavacham”  (activated Hypnosis Armor) for only Rs.525/ – to your home to fulfill all your wishes”, were not substantiated and are misleading by exaggeration.  Also, the advertisement exploits consumers’ lack of knowledge and is likely to lead to grave or widespread disappointment in the minds of consumers.
  8. K. Shastri: The claims in the advertisement (in Hindi), “Astarekha, Janampatri, photo dikhakar fees shradhanusar kateen se kateen samasyaon ke samadhan hethu aaj hi mile.  Shaadi, viza mein  dheri, mata-pita manana, vidhesh se vapis bhulana, sautan/dushman chutkara, talaak, naukri, health, pati-patni mein aan ban, yadi aapka pati-premi, beta kisi ke vash mein hai toh ek baar avashya milen”,  were not substantiated and are misleading by exaggeration.  Also, the advertisement exploits consumers’ lack of knowledge and is likely to lead to grave or widespread disappointment in the minds of consumers.
  9. Miya Faisal Khan Bangali: The claims in the advertisement (in Hindi),  “dukon se na gabraoh,  ek baar humein zaroor aajmaon”,  “kaale hilam ruhaani hilam ke mahir”,  “pati-patni mein aan ban, premi-premika vash mein karayein”, manchahi shaadi,  kiya karaya mutkarni, vashikaran karvaein/tudvaein”,  “specialist: sautan dushman se chutkara”, were not substantiated and are misleading by exaggeration.  Also, the advertisement exploits consumers’ lack of knowledge and is likely to lead to grave or widespread disappointment in the minds of consumers.
  10. Astrologer – R K Shastri: The claims in the advertisement (in Hindi), “Har samasya ka samadhan 100% guarantee se kiya jayega”,  “shaadi mein dheri, pati-patni mein aan ban,  vashikaran karvana/tudwana, sautan dushman se chutkara, aulad kahne mein na chalna, viza mein rukavat, vidhesh yatra, naukri mein tarakki, kiya karaya, nazardhosh, aneko samaysa ka turanth samadhan, pyar mein dhoka kaye stri purush ladke ladkiyan zaroor milein”, were not substantiated and are misleading by exaggeration.  Also, the advertisement exploits consumers’ lack of knowledge and is likely to lead to grave or widespread disappointment in the minds of consumers.
  11. Shishu Soap & Chemicals Pvt. Ltd (Rekha Detergent Powder): The advertisement’s claim, “Ab maine bhi mana Rekha Detergent Cake Aur Powder se Behter Kuch bhi Nahin” was not substantiated and is misleading by exaggeration.
  12. Satya Automobiles (Savings offer on Maruti Suzuki Cars): The advertisement’s claim, “Bring any make, Any model in any condition and get minimum Rs. 85000/- of your old car”, and “Total savings upto 57100/- on wagon R”, were not substantiated and are misleading by omission of appropriate disclaimers.
  13. Siddha Group (Siddha Xanadu Studios Apartment): The advertisement’s claims, “A first of its kind in the country, matching New York standard for studio apartments”, and “Xanadu features the last word in technology to give you a home that’s intelligent like you are”, were not substantiated and are misleading.  There is no information as to which New York Standards for Studio apartment is the advertiser referring to and providing to its customers nor the details of the “intelligent / technology features” are being provided.
  14. Accelyst Solutions Pvt. Ltd. (Freecharge): The scene in the advertisement of a person using mobile phone inside the petrol pump premises, shows/encourages an unsafe practice. Also, as the visual itself is unacceptable, the proposed revision by the advertiser of adding a super was not considered to be appropriate.
  15. Bharti Airtel Ltd. (Airtel): The advertisement’s claim, “Streams You tube videos 26% faster”, was not substantiated and is misleading. Further, the claim, “8% extra battery life”, was not adequately substantiated and is misleading. The claim “India’s only…” was not factual and was considered to be misleading.

 

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