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ASCI CCC Decisions: February 2015 ASCI upheld complaints against 125 out of 167 advertisements
MUMBAI: In February 2015, ASCI’s Consumer Complaints Council (CCC) upheld complaints against 125 out of 167 advertisements. Out of 125 advertisements against which complaints were upheld, 73 belonged to Personal and Healthcare category, followed by the Education category with 29 advertisements, followed by others.
HEALTH AND PERSONAL CARE:
The CCC found the following claims in 73 health and personal care product or service advertisements of 71 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.
- Mastan Not Out Herbal Capsule: This advertisement claims guaranteed treatment for sexual problems like STDs, premature ejaculation, night fall, impotency and low sperm count. They further claim that at the age 18 or 80 the capsule makes the body energetic by giving complete satisfaction and energy which is being praised by many doctors, vaidyas, hakim and patients.
- Kamanand Range of Products: The advertisement claims successful treatment of sexual problems like mistakes in childhood, premature ejaculation, small size and thinness in shape of penis, nightfall, semen in urine, impotency and zero sperm count.
- Endocare Hospital: The advertisement claims Bariatric surgery will cure obesity and diabetes which was not clinically substantiated.
- Fizikem Laboratories Pvt. Ltd. (Ozomen Spray): The voice over in the advertisement says “Raat bhar masti ke liye” read in conjunction with descriptor on the product pack “More Time”, implies that the product promoted is meant for enhancement of sexual pleasure.
- Richfeel Health & Beauty Private Ltd: The advertisement claims the brand to be the most trusted Haircare brand which stands unsubstantiated.
- CordLife Sciences India Pvt Ltd.: The advertisement claims that one’s baby’s umbilical cord can provide protection from over 80 life threatening diseases which implies stem cell therapy for unapproved indications and violated The National Guidelines for Stem Cell Research 2013.
- Divya Pharmacy(Divya Putrajeevak Beej): The product pack claim implies cure of female infertility and promising a male child which was not substantiated
- Sun Laboratories Private Limited (Titanic Extra Time Capsules): The advertisement claims that consumption of 1 capsule will work as a power booster for men and provide complete satisfaction. They further claim to be the most powerful capsule, an ayurvedic medicine having no any side effects.
- Repl India (Repl Range of Product): The advertisement claims the product to be a “Super Sonic Capsule” stating the consumption of one capsule will generate the feeling of passion within a person. They further claim “F-18 Capsule for the pep and freshness of women” which was not substantiated.
- Repl India (Vigoura Hy-Power): The advertisement claims consumption of Vigoura Hy-Power homeopathic medicine enhances capacity of sexual pleasure with no side effects.
- Bharat Ayurvedic Aushadhalay (Pilo Compound Capsules): The advertisement claims the product to be 100% ayurvedic capsules that help get rid of piles..
- Shree Phagunam Pharmaceutical (Thampurattys Thankam Hair Oil): The advertisement claims to offer the world’s one and only ayurvedic handmade hair oil formulated without electronic vibration, chemical, colour, perfume and preservatives. It also claims to prevent baldness, premature greying, hair fall and stimulates unbelievable growth of hair.
- IZDA Healthcare (ISBER Ayurvedic Capsules): The advertisement claims the product to be a rare and effective ayurvedic medicine for controlling sugar for the first time in India after global presence with no side effects and excellent results in 10 days..
- Herbal Vyogra Capsules: The advertisement of the product claims to improve sexual physical performance with an effective and powerful formula. The advertisement further claims a high quality, beneficial ayurvedic drug for all sexual problems like semen debility, sexual power, time – desire, low sperm count and thinness of penis, night fall, semen disease, under development of organs, etc. They also state “Use it today and get complete benefit”.
- Grover Aushadhalaya: The advertisement claims permanent prevention from unwanted hair. They claim a treatment free of laser or machine only by ayurvedic herbs with no side effects. Also, the images showing the before and after the treatment were misleading.
- Anjali Mukerjee Health Total Pvt. Ltd (Health Total): The advertisement claims easy loss of weight upto 20 kgs by eating anything.
- Surya Global Hospital: The advertisement on the hospital website carries the name of Dr. Suryakanta Acharya who is no more a part of the hospital, gives false information. Also, the advertisement makes reference to the Doctor’s name without his permission.
- Vinay Sarvotham’s Clinic: The advertisement claims “Dr. Vijay Sarvotham is India’s leading Acupressurist and a Cranio Sacral Therapist”, is false and claim of “Dr” for an Acupressure specialist is misleading as claims were not substantiated with evidence of qualification.
- Vijay Sarvotham’s Clinic: The advertisement of the clinic claims to have treated the chief minister and the ex-president quoted in the advertisement.
- Bhavna Shah’s fitness highway: The advertisement of Dr.Bhavna Shah’s fitness highway claims to reduce thyroid, high BP and diabetes through weight loss.
- S. L. TRUST Cancer Hospital & Research Centre: The advertisement claims that the GSL Trust Cancer Hospital is equipped with a state of the art Cyberknife facility and offers various types of bone marrow transplant services.
- Sanyasi Ayurveda: The advertisement claims to provide treatment for sexual weakness with the intake of the ayurvedic medicine.
- Pukhraj Health Care Private Limited (Noni Premium Juice): The advertisement claims that Noni Premium Juice reduces stress and increases immunity power. They further claim that the product is beneficial in problems concerned with joint pain and migraine.
- Charak Ayurvedic Chikitsalaya: The advertisement claims treatment of piles in just one dose, with effects of the medicine from the very first intake. They further claim successful ayurvedic treatment of arthritis, joint pain, cervical, migraine, paralysis, allergy, psoriasis, white spots, stomach disease, stone, shocks, obesity, blood pressure, premature ejaculation.
- Razorbill (Spondireliv): The advertisement claims that scientists have found the cure for cervical spondylitis, with the ayurvedic medicine named Asthisambharka that helps to cure bone related problems, has anti-inflammatory qualities, which help relieve neck pain and has Vitamin C in abundant quantity which reduces the swelling of ligament and muscles. The advertisement further claims that it helps in increasing metabolism process and also increases the utilization of minerals such as calcium, sulphur so the cells which form bones (osteoblast cells) start the formation of bones. The advertisement also states that Razorbill has introduced a very useful product named Spondireliv which is enriched with Asthisambharka extracts and more than 2000 patients have used Spondireliv and got amazing results.
- Dr Khalid Unani Super Speciality Clinic: The advertisement claims permanent treatment of sexual diseases like impotency, premature ejaculation, low sperm count, manly weakness due to sugar.
- Dr Chetan Clinic: The advertisement claims complete ayurvedic treatment of premature ejaculation, STDs, impotency, male infertility, semen, nightfall and sexual diseases.
- Cure Spects Laser Limited: The advertisement claims the product to be No.1 in Gujarat for 17 years with thousands of satisfied customers. It also claims that one can get rid of wearing spectacles and lenses without any operation.
- Hit to stone: The advertisement claims freedom from kidney stones without any operation, relief from pain from the first intake itself and effective for all kinds of kidney and ureteral stones.
- Alopecia Treatment Center: The advertisement claims cure from all hair problems without any medicine, 100% harmless herbal treatment without any side effects and having done successful treatments worldwide.
- Makewell Pharmaceutical (Height Speed Capsule): The advertisement claims height growth with speed with four to six inches increase in height in just 90 days. They further claim that the effects are visible in just 21 days with a visible increase of one to two inches in one’s height, full money refund if no benefits, effective till age 34 and also beneficial for children, women and men.
- Sharangdhar Pharmaceuticals Private Limited (Sharangdhar Pharmas OTC Products): The product claims guaranteed results, panacea “Raambaan” treatment for disorders like uncontrolled blood pressure, tension, diabetes, heart disorders, joint pains, hormonal imbalance, obesity and problems related to eyes.
- SBS Biotech Ayurvedic Division (Roop Mantra): The advertisement claims that the product is made up of 12 herbs and is an ayurvedic face cream which gives noticeable results in just 21 days.
- Mirakul Ortho Clinic: The advertisement claims that the treatment by the clinic offers pain relief guarantee, with no need to get admitted or injected and with no side effects. They further offer a full money back guarantee if the treatment doesnot provide relief.
- Vaidyaban Ayurvedic Remedies (Vaidban Joint Pain Kit): The advertisement of Vaidban Joint Pain Kit claims relief from all joint pain caused due to fracture, stiffness and swelling in glands, clacking voice, pain and gap in the knees due to emptying of grease (lubrication). “The problem of pain in all the joints of the body due to fracture, stiffness and swelling in glands, clacking voice, pain and gap in the knees due to emptying of grease (lubrication) can be permanently stopped with the help of Vaidban Joint Care Kit (Capsule, Pills, Ointment & Oil) without operation”
- Chemical resources (Furocyst): The advertisement claims 94 percent patients have benefited after using the product, out of which 71 percent of the patients have reported regular menstrual cycle, 36 percent women who have shown complete dissolution of cysts and 46 percent women who have shown reduction in cyst size. The advertisement also claims that the product has no side effects and has a US Patented Ingredient.
- Nurture Health Care (Bgainer Capsule): The advertisement of Bgainer Capsule claims that The formulated Bgainer capsule is a unique and effective ayurvedic product that helps gaining weight by reducing muscle breakdown and balancing metabolism. The advertisement further claims that its contents are derived from herbs having natural medicinal qualities that endow health quite naturally, which are carefully treated and processed through traditional Ayurvedic formula using latest technology. They also claim that to attain a healthy and a well-proportioned body in few months the capsule will work wonders.
- Green Coffee Bean Extract: The advertisement claims 100% natural weight loss with no side effects, and it also claims to reduce the obesity in your body and will help reducing weight.
- Deltas Pharma (Deltas Pancha Tulsi Drops): The advertisement claims that the product is a mixture of five types of basil which help to protect the entire family by improving disease resistance power. The advertisement further claims that it is a secret formula for health and happiness to prevent cough, cold, sneezing, blocked nose, skin diseases, gas troubles, breathing problems.
- Life Slimming and Cosmetic Clinic: The advertisement claims to help weight reduction of 9.5 kgs. They further claim non – surgical hair replacement.
- Daiveey Anusandhan Sansthan (Rog MuktJeevan Sugar Control): The advertisement claims “SUGAR CONTROL is the best natural and efficient way of fighting against diabetes”, “SUGAR CONTROL is 100 percent Ayurvedic with no side effects”, “By consuming this product regularly, one can easily get control over diabetes in few days”, “it is made up of special ayurvedic herbs, so, it not only controls diabetes but also cures other diseases”, “SUGAR CONTROL maintains optimum blood sugar level”.
- UMPL India Private Limited (UMPL Tulsi 5 Plus): The advertisement claims that the product is a natural health guard, made up of five types of tulsi extracts that give strength to fight against obesity, diabetes, allergy, stress and joint pain.
- Om Sai Ayurveda India: The advertisement claims the company to be an ISO 9001:2008 Certified company which has discovered a rare medicine which keeps your liver healthy and strong so that you get a healthy life. They further claim it makes one’s liver strong with a money back guarantee.
- SMG Healthcare (SMG Healthcare Range of Products): The advertisement of the product claims sugar control by consuming 10 drops daily which proves to be a sure shot medicine for sugar, with money back guarantee, no side effects, 100% ayurvedic, Natural Boon, Lab tested to ensure quality and claims to bring back one’s power and can be consumed with medicine / insulin. The advertisement further states that with benefits of Sugar Haran it is helpful for the pancreas, heart, eyes, liver, joints pain, stomach problems, infection in anal region, headache, tiredness, weakness, skin disease, sleeplessness, cholesterol, constipation, etc. for diabetes patients. They further claim prevention of piles/bavaseer in just 21 days and cure of bloody warts and chronic piles .
- Jolly Healthcare (Jolly Fat GO-DS Capsules & Oil): The capsule and oil claims to be a slimming capsule and oil with a new advanced formula with green tea, pineapple and imported tamarind extracts, Garcinia Indica, Cinnamon, Basil, Guggal, Fenugreek, Gul Banafsha, Cyperus scariosus, Triphala, Kulthi, Gudmar, Saunth and Chitraka to stay slim, smart and fit. They further claim that the prodcust are ayurvedic. .
- Advanced Robotic Hair Transplant: The advertisement of Advanced Robotic Hair Transplant claims the company to be a Time Award Winning Company -With its LONDON based ARHT Range of Hair Transplants which are by far the best treatment options available for balding people worldwide. They further claim “Over 15000 successful hair transplants”, “Awards & Accreditation’s – Best Hair Transplant Organization – INDIA 2013 (PRIME TIME) – Most technical advanced hair transplant organization in INDIA 2014 (IAESP) – Fastest growing hair transplant organization in INDIA 2014 (PRIME TIME) – Global Healthcare Excellence Award 2013 – Medico Pride Award 2014”, “Doctor’s Recognized By: ISHRS, AFUES, AHRS-INDIA, American Academy of Aesthetic Medicine, International Academy of Physician’s For Aesthetic Medicine, American Academy for Anti-Ageing Medicine” which stand unsubstantiated.
- Dr Mansha Dispensary: The advertisement of Mansha Dispensary claims guaranteed successful treatment of sexual problems like premature ejaculation, impotency, infertility, low sperm count and weakness due to sugar, with a new advanced technology in a few days and at a low cost. The advertisement also claims “Meet Dr Mansha soon for effective treatment relating to sexual problems”.
- Rajvansh Clinic: The advertisement of Rajvansh Clinic claims successful treatment of infertility, premature ejaculation, night fall, impotency, weakness with increasing age, etc. in 15 to 20 days.
- Salvia Cosmeceuticals Private Limited (Melt-It Range of Products): The product claims to visibly reduce flab and tone the skin within a few weeks, and help reducing weight and unwanted fat.
- Jivo Wellness Pvt. Ltd (Jivo Canola): The advertisement claims that Canola Oil can prevent diabetes and heart diseases and that it can reduce the risk of heart disease and diabetes.
Complaints against advertisements showcasing stem cell therapies that are being investigated and experimented upon, hence NAC-SCRT has banned advertising stem cell based therapies other than hematopoietic stem cell transplantation for hematological disorders on web-sites. Such advertisements demonstrate misleading facts and experimental status of particular indication of stem cell technology. Thus the CCC concluded that the contents of the following Websites implying stem cell therapy for unapproved indications in India and violating The National Guidelines for Stem Cell Research 2013 were in breach of the law and contravened Chapter III.4 of the ASCI Code and were UPHELD:
We Care Health Service, Stem Cell Cure (P) Ltd, Unistem Biosciences, Moolchand Medicity, Stem Rx Bio Science Solutions, Stemade Biotech Pvt. Ltd, Dr. Rajput’s Orthopaedic & Stem Cell Research Center, Dr. Ameet Pisapati Clinic, Neurogen Brain And Spine Institute, Stemcure Pvt Ltd., International Stem Cell Services, Inamdar Multispeciality Hospital, Chaitanya Stem Cell Centre, Noble Hospital, Giostar, K. G Hospital, Saviour Hospital, Safemedtrip Consultants Pvt. Ltd, We Care India, Indiacarez, Reelabs Pvt Ltd., KMC Speciality Hospital and Placidway.
The CCC found following claims in the advertisements by 29 different advertisers were not substantiated and, thus, violated ASCI Guidelines for Advertising of Educational Institutions. Hence complaints against these advertisements were UPHELD.
- Patel Classes: The advertisement claims 100% assured placement and 100% guarantee of fee refund.
- Institute of management studies (IMS), Ghaziabad: The advertisement claims “240% Placements of PGDM (2012-14) Batch”.
- IMS learning resources: The advertisement claims to provide “100% Money Back Guarantee*”.
- Triumphant Institute of Management Education P. Ltd (TIME): The advertisement claims, “TIME students bag 523 PSU Bank allotments in IBPS PO/Clerk CWEs 2013”, “1098 TIME students qualify in RRB CWEs 2013” and “186 TIME students selected as Clerks in SBI/SBI Asso. Banks in 2011/12”.
- Institute of Finance Banking & Insurance (IFBI): The advertisement claims to offer senior positions in leading banks, offer letter on selection and 100% assured job on enrolment.
- Bennett Coleman & Co Ltd: The advertisement claims, “Begin your banking career at an annual salary of up to Rs. 3.5 lakhs” and “so far, TIMESPRO students have been placed at India’s leading banks like Ing Vysya Bank, Indusind Bank, Kotak Bank, Yes Bank and many more”.
Complaints against advertisements of all educational institutes listed below mostly are UPHELD because of unsubstantiated claims that they ‘provide 100% placement/AND/OR they claim to be the No.1 in their respective fields’.
RTTI, Pai classes, Shyamli institute of hotel management, Vani institute, Indiacan Education Pvt. Ltd. (Eten CA), Unique IAS study circle, HCS Institute, NIFS (Institute of Fire Engineering & Safety Management), Siddhartha Mining Sirdar and Surveyor Training Institute, Swan Webs, AIM Institute of University Studies, Anjana Institute of Technical Education, Bhagat Singh Coaching Centre, Central Board of Irrigation & Power, Institute for Financial Management and Research (IFMR), National Institute of Securities Markets (Kotak Securities), Omniscient IAS Academy, Prolific Digital Creations, Sea Hawk Maritime Studies Private Limited, SRP Polytechnic College of IT & Management, Singapore International Preparatory School, BDJS Scribe and Sachdeva College.
E- COMMERCE & TELESHOPPING
- Trendsutra Platform Services Pvt. Ltd. (Pepperfry.com): The terms in the advertisement mentions “return this item within 30 days from the date of invoice”, is false, and misleading by distortion of facts.
- TV Shoppee (Win Diabonil): The advertorial of “Win Diabonil” claims that the product is an efficient and herbal way to control diabetes without having any side effects and that the product has been made by efficient ayurvedic procedure and balanced quality of various rare herbs like; Jamun seeds, Neem, Karela, Amla, Shilajeet, choti papal and black pepper. They further claim that the product not only alleviates diabetes, but also normalizes other health problems, 100 percent ayurvedic with no side effects. They also claim that it is the best way to cure diabetes within a limited period of time and is completely capable of maintaining sugar level and preventing diabetes.
- Teleshopping Brands (Mood on Forever): The advertisement claims that the product enhances sexual power in men. The advertorial claims that ‘Mood on Forever’ formula is made of ayurvedic ingredients through a natural process which helps to ameliorate any kind of sexual problem in a natural way and will help the users to get tension free happy sexual life. The advertorial states that regular use of the product can help people in increasing their stamina and can bring positive changes in their sex life. They further state that it is a one month’s course which can bring expected results.
- Sat Kartar Shopping P. Ltd. (Dr. Slim Trim): The advertisement claims that the product is a natural and safe way to reduce weight. They also claim that the product is a combination of two types of powders – Slim and Trim powder and Slim Trim revitalizers which are 100% natural and Ayurvedic, with no side effects to cure people suffering from obesity.
- Skyshoping Ltd (Bye Bye Piles): The advertisement claims that Bye Bye Piles is a 100 percent natural product that gives guaranteed results. They also claim that the product is the only permanent solution for piles and a person suffering with piles needs to take just one spoon of Bye Bye Piles powder along with water early in the morning. The advertisement states that after using the product for seven days continuously, bleeding and pain would stop and the person would get a permanent relief from piles. They further states that the product costs Rs. 3400, is the best way to cure piles.
- Skyshoping Ltd (Diabo Sudha): The advertisement claims Diabo Sudha is an efficient and herbal way to regulate diabetes without having any side effects. The Acharya in the advertorial states that the “Jeevankalp Ayurved Sansthan” has invented the medicine after a long research for the treatment of diabetes. They further claim that it is an amalgamation of various rare and valuable herbs and is formulated by Jeevankalp Ayurved Sansthan under their Diabetes Mukt Abhiyan. They also state that it comes in a powder form which is 100 percent capable to fight against diabetes and 100 percent ayurvedic with no side effects.
- Idea Cellular Ltd.: The advertisement of Idea Cellular shows the practice in Haryana of girls not being allowed to step out of homes to study, is defaming Haryana and tends to bring this State into disrepute. Also, the TVC is misleading by implication as the product/service promoted (Idea Internet Network) is shown as a substitute to and equating to college education.
- Relaxo Footwears Limited (Sparx): The advertisement with the visual of “Akshay Kumar running adjacent to a railway track, with a steam engine approaching alongside”, shows a dangerous practice without justifiable reason.
- Heinz India P. Ltd (Glucon D – Volt): The visual of the advertisement shows “Kids flipping the Glucon-D Volt tablet into the air and catching in the mouth directly”, which is seen as a dangerous act and is likely to encourage minors to emulate such act in a manner which could cause harm or injury.
- Kalyan Jewelers: The TVC states “yeh aap ke gher ki shaadi thodi hi hai” and “jitna dekar woh ladka khush hoga, theek hai” imply jewellery being given to please bridegroom and his family. Thus it is seen that the advertisement is likely to encourage dowry system which is in violation of Cable TV Act’s Advertising Code – 7.1(viii) (“exploits social evils like dowry, child marriage”).
- Moet Hennessy India Private Limited (Glenmorangie): The advertisement carries visuals where alcohol distillation apparatus is shown. The Advertiser did not provide the annual market sales data of the product/service advertised. Thus the advertisement was a surrogate advertisement for the promotion of a liquor product – Glenmorangie Whisky.
- Ramdhana Group of Company (Tyre Guard): The advertisement claims to provide a guaranteed solution for tyre puncture for a lifetime and to be first of its kind in India to provide a permanent solution
- Tata Teleservices Ltd (Tata Photon Max Wi-fi Data card): The Tata Photon Max Wi-Fi Data Card advertisement claims to offers an internet speed of upto 9.8 Mbps. In absence of a disclaimer qualifying the conditions under which the claim is tenable, the claim “Tata Photon Max Wi-Fi Data Card – offers an internet speed of upto 9.8 Mbps” was considered to be misleading.
- Pernod Ricard India Ltd (Blender’s Pride): The Advertiser did not provide the annual market sales data of the product/service advertised. Thus the advertisement was a surrogate advertisement for a promotion of a liquor product – Blender’s Pride.
- Bharti AXA Life Insurance Company Limited: The advertisement’s claim of “Cost just Rs.12/- per day”, is only applicable for individuals aged less than 35 years. Thus the claim is misleading by ambiguity. Also, the supers in the Hindi TVC were not in the same language as the audio of the TVC, and were not clearly legible.
- GlaxoSmithKline Consumer Healthcare Ltd (Horlicks): The TVC suggests that consumption of Horlicks can be initiated at the time of exams for better concentration. It is misleading by ambiguity as the product has to be consumed for a considerable period of time to be effective.
- Zum Zum Milk Products (Zum Zum Probiotic Dahi & Zum Zum Sunrise White Regular Bread): The advertisement claims “Zum Zum probiotic dahi has positive effects on immune system modulation, blood cholesterol reduction, nutrient absorption and risk of urinary tract infections”, “Zum Zum Sunrise White Regular Bread, reduces risk of gastronomical problems”, were not substantiated with supporting data.
- Dabur India Limited (Dabur Chyawanprash): The advertisement claims that Dabur Chyawanprash gives three times more immunity which makes kids strong from within and increases immunity that is the ability to fight illness by three times, were unsubstantiated.
- Kellogg (India) P. (Kellogg’s Special K): The advertisement states “a two week challenge and eating two bowls every day: one for breakfast, one for lunch/dinner for only two weeks”, is misleading by omission of the specific conditions of the diet plan. Also, the duration of the disclaimers/supers in the TVC were not for minimum 12 seconds on the screen, were not clearly legible, and were not in the same language as the voice over of the TVC.
- Tata Chemicals Limited (Tata Swach Silver RO Purifier): The advertisement claims the germ destroyer silver action increases the life of the purifier.
- Missha (Missha M Perfect Cover BB Cream): The advertisement claims that the Missha M Perfect Cover BB Cream consists of SPF 42/PA+++, was not substantiated.
- Dolphin labs (Face Ratan Cream): The advertisement claims to get rid of dark skin tone and experience fair skin tone in just five days. Their additional claims to remove boils, spots and marks, were not substantiated.
- Deutsche Asset & Wealth Management (Deutsche Mutual Fund): This advertisement showcases a man riding a bike without a helmet; thus the advertisement promotes an unsafe practice.