ASCI CCC Decisions: JUNE 2016

ASCI UPHELD COMPLAINTS AGAINST 98 OUT OF 159 ADVERTISEMENTS

Mumbai, 19th September 2016: In June 2016, ASCI’s Consumer Complaints Council (CCC) upheld complaints against 98 out of 159 advertisements. Out of 98 advertisements against which complaints were upheld, 39 belonged to the Education category, 25 in the Healthcare & Personal Care category, followed by 11 in the Food & Beverages category, 6 in Ecommerce category and 17 advertisements from other categories.

HEALTH & PERSONAL CARE The CCC found the following claims in health care & personal care product or service advertisements of 25 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. Godrej Consumer Products Ltd. (Cinthol Deo Stick): The advertisement’s claim,“3X longer” is

not substantiated and is misleading by ambiguity and exaggeration as the advertisement

indicates the product to be 3X better than all deodorants (all formats), while the product has

been tested against only two marketed products. These products do not represent the major

market leaders/players and all the Deo product formats.

2. Athena Life Sciences Pvt. Ltd. (Hair for Sure): The advertisement’s claim, “Meeri maniye

Main ek Trichologist – Baaloan ka doctor, Isiliye I recommend Hair for Sure”, of a trichologist

endorsing the product was not substantiated and was considered to be misleading by

implication as the World Medical Trichologists Association (WMTA) certificate submitted by

the advertiser only supports product quality and the certificate categorically states that it is

not an endorsement for the product claim. Also, the claim, “Isme hai Rutexil – Ek

breakthrough comprehensive regrowth complex. Effectively regrows hair from the roots”,

was not adequately substantiated with clinical evidence. The claim, when read in

conjunction with the visuals in the TVC showing significant regrowth of hair on bald patches,

was considered to be grossly misleading. The supers in the Hindi TVC were not in the same

language as the audio of the TVC.

3. Athena Life Sciences Pvt. Ltd. (Hair for Sure): The advertisement’s claim, ‘‘stop hair loss” was

considered to be false as some hair fall is natural and cannot be stopped. The claim was

misleading by exaggeration. Furthermore, for the advertisement’s claims, “Hair Regrowth

Treatment” and “Begin Hair growth”, the in vitro data submitted regarding the constituents

stated that the constituents do help in hair growth. However, there was no evidence that this

data is extrapolatable to in vivo situation to support hair regrowth claim. The change in

Anagen/Telogen ratio does not essentially translate into growth of hair into bald areas. Based

on the photograding scores, these claims were not substantiated with efficacy of the product

and are misleading. Also the advertisement’s claim, “Reutexil-The new era in hair regrowth

treatment”, was not substantiated with clinical evidence and is misleading. In addition, the

advertisement’s claims, “Growth Stimulant”, “Anti Fibrotic”, “Anti Inflammatory” and “anti

Oxidative”, are based on ingredient specific in vitro data. These claims were not substantiated

for in vivo situation for the ingredient levels present in the product. The claims being

presented on the pack as a product efficacy attribute were misleading by ambiguity and

implication.

4. Athena Life Sciences Pvt. Ltd. (Hair for Sure): The advertisement’s claim, “Extensive In-Vitro

and Clinical Trials have been conducted on Hair for Sure Hair Tonic to validate the efficacy of

the regimen to regrow hair.” was not adequately substantiated for the “Regrowth” aspect of

the claim for in vivo situation. The claim stating that the studies were conducted to “validate

the efficacy of the regimen to regrow hair” was considered to be misleading by ambiguity

and implication. Furthermore the advertisement’s claim, “A 3.45 X times better in improving

hair growth when compared to Market Leading Hair Regrowth Product priced at Rs. 650.” is

incorrect to say that the mean photograding score of hair for sure is 3.45 times more on day

30th and 2.48 times more at the end of 60 day than the market leader tested against

(Livon). Also, the advertisement’s claim, “Hair for Sure Increased Anagen/Telogen ratio

significantly by 50.8% more compared to market leading brand in 45 days. Hair for Sure

increases A/T ratio significantly 73.4 % from base line in 45 days.” is incorrect to say that the

increase in the mean score of A/T ratio due to Hair for Sure is significantly more than the

Comparitive treatment. In addition, the claim, “Hair for Sure increased percentage of

Anagen Hair (growing hair) by 16.5% in 45 days. Human scalp has average hair count of

100,000. Considering this after applying Hair for Sure – Hair Tonic for 45 days twice a day,

16,500 (16.5%) non-growing hair would start re-growing.” was considered to be

misleadingas the increase of 16.5% in anagen number cannot be interpreted as non-growing

hair start regrowing. The advertisement’s claim, “It is first in India to be approved by World

Medical Trichologist Association (WMTA)” was considered to be misleading by omission,

ambiguity and implication as the WMTA certificate only supports product quality and the

certificate categorically states that it is not an endorsement for the product claim. The

advertisement’s claim, “clinically proven to help hair growth, clinically proven to accelerate

hair growth, and clinically proven to stimulate Hair Growth” are based on the photograding

scores, these claims were not substantiated with efficacy of the product and are misleading.

Also, the advertisement’s claim, “No. 1 hair regrowth treatment *As on Amazon”, was not

adequately substantiated and was considered to be misleading by ambiguity as this claim

was based on product entries as available on Amazon. However, no authentic evidence for

the same was provided.

5. Athena Life Science Pvt. Ltd. (Just for Moms Maternity Stretch Marks Prevention Lotion):

The advertisement’s claim, “Tested and Gynaecologist approved” was not substantiated with

relevant data as the test was for skin irritation potential carried out in males and non-pregnant

female subjects. The claim was considered to be misleading by implication that the testing is

for product efficacy. Also, the advertisement’s claim, “Helps reduce stretch marks” was not

substantiated and is misleading.

6. Patanjali Ayurved Ltd. (Patanjali Dant Kanti): The advertisement’s claims, “Foreign

companies made fun of our natural tooth cleaning sources like Datun, Charcoal, Neem, Haldi

and Salt. For years they kept playing with our dental health by selling their chemical rich

toothpastes. These renowned brands are now emotionally black-mailing people with benefits

of Neem, Haldi and Salt….” were not substantiated and are misleading by exaggeration. Also,

the claims unfairly denigrated the entire class/category of toothpastes.

7. Aksir Dandan Tooth Powder: The claims in the advertisement (in Hindi), as translated into

English, “Cures the pyorrhea, tooth pain, tooth cavity, swelling in gums, bleeding gums,

sensation of cold and hot water immediately”, were not substantiated and are misleading.

8. Razorbill (Diabwell): The advertisement’s claim, “Treat Diabetes with Ayurvedic Diabwell”,

was not substantiated and is misleading. Also, the reference to treatment of Diabetes which

is in breach of the law as it violated The Drugs & Magic Remedies Act.

9. Razorbill (Razorslim): The advertisement’s claim, “Use Ayurvedic Razorslim for Effective Fat

loss”, 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. Also, specific to the claim made as part of product testimonial

stating miraculous weight loss of 24 kilograms for an over-weight (94 kilograms) lady in A

couple of months implying treatment for obesity, the advertisement is in breach of the law

as it violated The Drugs & Magic Remedies Act.

10. Ayurwin Pharmaceuticals Pvt. Ltd. (Ayurwin Nutrislim+ Powder): The advertisement’s

claims, “Now keep your body Slim with Ayurwin Nutrislim+. Complete Slimming Solution to look slim & attractive” and “NUTRISLIM+ is an effective natural Ayurvedic product which has no side effects and is safe to use", were not substantiated and are misleading.

11. Nurture Health Care (Bgainer Capsule): The claims in the advertisement (in Hindi), as translated into English, “Now it is easy to gain weight up to 10 kilos in two months” and “Medicine prepared by experienced ayurvedic doctors from some rare herbs”, were not substantiated and are misleading.

12. OPTM Health Care Private Limited (OPTM’s Phytomedicine): The claims in the

advertisement (in Bengali) as translated into English, “The only solution for knee, shoulder

and waist pain is OPTM’s phytomedicine”, “Phytomedicine discovered by the OPTM”,

“Phytomedicine, developed by OPTM’s chief research officer and renowned researchers, is

applied in on the skin in a special technique” and “the, phytomedicine that has been invented

by OPTM, is used in specific dosage to aid the reconstruction of bones and muscles”, were

not substantiated and are misleading.

13. MedsOnWay Solution Pvt. Ltd. (MedsOnWay – offer of attractive discounts): The

advertisement claims the MRP of the product (Threptin 275 gm biscuits) as Rs.295.00, when

the actual printed MRP on the product is the same as being offered at the discounted price of

Rs.250.75 (15% off). The claim is false, distorts facts and is misleads the consumers as to the

actual discount being offered.

14. Facilitas Healthcare: The advertisement’s claim, “Enjoy quitting smoking with innovative soft

laser therapy of Facilitas”, was inadequately substantiated and is misleading.

15. Pain Clinic (Dr. Sarvesh Jain): The claims in the advertisement (in Hindi), as translated into English, “Percutaneous Nueroplasty of Genicular Nerve of Knee (Get Permanent Relief from Knee pain)” and “Discolysis & Epidural Injection (More successful than operation, 100% success rate)”, were not substantiated and are misleading.

16. DoctorInsta (DoctorInsta.com): The claims in the advertisement, “Consult the best and

brightest doctors” and “Goodbye Sexual Problems” were not substantiated and were

misleading by gross exaggeration.

17. JHS Svengaard Laboratories Ltd. (Aquawhite Toothpaste) – 2 complaints: In the

advertisement, the dialogues between the mother-in-law and daughter-in-law have double

meaning, crude and sexually suggestive, which are likely in the light of generally prevailing

standards of decency and propriety, to cause grave and widespread offence. Also, in the

context of an advertisement for toothpaste, deliberate use of such dialogues used in the

advertisement is distasteful.

18. Fair Pharma: The claims in the advertisement (in Telegu) as translated into English, that “their

medicines can treat Kidney diseases, as an alternative for dialysis, within 50days (+ 3

months)”, “Life threatening viral disease within 100 days”, “Eliminate Hepatitis B/C, Human

Papilloma Virus from blood which cannot be eliminated by chemotherapy/radiation or

surgery. Within 50 days” and “Rheumatic valvular disease within 100 days”, were not

substantiated and are grossly misleading by exaggeration. Also, specific to the claim implying

treatment for Rheumatism, the advertisement is in breach of the law as it violated The Drugs

& Magic Remedies Act.

19. Herbo Remedies Research Center (Piles Boon): The claims in the advertisement (in Hindi), as

translated into English, “Complete Removal of Piles” and “Very much easy and beneficial

treatment in 5/10 days”, were not substantiated and are misleading. Also, specific to the

claims implying treatment/cure for Piles, the advertisement is in Breach of the law as it

violated Schedule J of The Drugs and Cosmetic Act, 1940 and Rules, 1945.

20. Madhur Ayurveda Pvt. Ltd. (Madhur Range of Products): The claims in the advertisement (in

Gujarati), as translated into English, “Increase height by adopting ayurveda. If you find no

difference, or get your money back”, was not substantiated and is 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.

21. Win-Up Herbal Power Capsule: The claims in the advertisement (in Hindi), as translated into

English, “WIN-UP - WIN-UP is very effective in old age and weakness due to diabetes, Hand

and foot numbness, childhood mistakes etc. Because it is made up of pure shilajit, Abhrak

bhasm, lohbhasm, etc. that keep away every kind of weakness”, “Herbal Power Capsules”,

“Safe And Harmless”, “Increase Agility, Passion”, “Use “Time-On” For Wet Dreams And

Desired Time” and “For Men Only”, were not substantiated and are misleading. Also, the

claims, “Increase Agility, Nimbleness, Passion”, “Use Time-On in case of Wet Dreams And for

Desired Time” and “For Men Only”, read in conjunction with the advertisement 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.

22. Abhay Ayurvedic Pharmacy (Abhay Medari): The claims in the advertisement (in Gujarati) as

translated into English, “Abhay Medari - without exercise or dieting you can reduce 10 to 15

kilograms of weight in three months, by taking slim fit Syrup and Tablets to reduce obesity”,

were not substantiated with clinical evidence or proof of efficacy for the product and are

misleading. Also, specific to the claims implying treatment for obesity, the advertisement is

in breach of the law as it violated The Drugs & Magic Remedies Act.

23. Herbal Clinic: The claims in the advertisement (in Gujarati), as translated into English, “Japani Pattinuma Angavarthak machine is used to remove the defects of small size male organ, bent organ, thin organ, absence of sperm, incapability to produce children, premature ejaculation, ejaculation in sleep, impotency, aversion to sex, etc.”, “with 30 day course of medicines spray, 8 GB memory card and Japani Pattinuma Angavarthak machine free”, were not substantiated and are misleading by exaggeration. 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. Further, the claims in the advertisement (in Gujarati) as translated into English, “medicines for making breasts more attractive. In 28 days with company’s medicines you will have your breasts more attractive, well-shaped, well-toned and round”, “Price Rs. 1575/- only. The machine for breasts treatment free”, were not substantiated and are misleading. Also, specific to the claims related to breast development, “In 28 days with company’s medicines you will have your breasts more attractive, well-shaped, well-toned and round”, and visual in the advertisement implying bust enhancement, the advertisement is in breach of the law as it violated The Drugs & Magic Remedies Act. Also, the claims in the advertisement (in Gujarati), as translated in English, “for increasing height for short size young gents and ladies. Do not

get disheartened. With several years’ research by our experts our company has an unbeatable formula of ayurvedic herbs to increase the height. Medicines course costs Rs. 1575/-”, were not substantiated and are misleading. Also, the claims related to the height increase read in conjunction with the advertisement visual, are in breach of the law as it violated The Drugs & Magic Remedies Act.

24. Mata Anupama Devi Metabolic Clinic (Metabolic Remedy): The claims in the advertisement

(in Hindi) as translated into English, “get rid of diabetes” and “get rid of cancer, diabetes type

1 and 2, kidney failure, and other Autoimmune diseases with metabolic treatment”, were not

substantiated with clinical evidence, and are misleading. Also, specific to the claims implying

treatment/cure for diabetes type 1 and 2, cancer, kidney, the advertisements are in breach of

the law as they violate The Drugs & Magic Remedies Act.

25. Nadipathy Global Centre (Nadipathy Treatment): The claims in the advertisement (in Telugu)

as translated into English, “Before Height- 159 cm”, “One Inch height growth in four days

treatment of Nadipathy”, “After 10 minutes - 159.5 cm”, “One Inch height growth in four

days treatment of Nadipathy”, were not substantiated and are misleading by exaggeration.

Also, specific to the claims related to treatment for height increase along with the visual

shown, the advertisement is in breach of the law as it violated The Drugs & Magic Remedies

Act.

FOOD & BEVERAGES

1. Patanjali Ayurved Limited (Patanjali Juices): The advertisement’s claim, “Will you still drink

expensive fruit juices with less fruit pulp or drink cheaper Patanjali fruit juices with more fruit

pulp for good health and more saving”, was not substantiated and is grossly misleading. Also,

the claims unfairly denigrated the class/category of fruit juices.

2. Patanjali Ayurved Limited (Patanjali Energy Bar): The claim in the advertisement, “Chocolate

ki bhuri aadat se chutkara payein”, was not substantiated and is misleading. Also, the claim

unfairly denigrated the entire class/category of chocolates.

3. MSG All Trading International Pvt. Ltd. (MSG Products): The claims (in Hindi) that “all other

food items contain poison and pesticides” were not substantiated with supporting evidence.

Also, the claims are misleading by exaggeration and implication that consumption of other

food is dangerous or hazardous, and unfairly denigrated the category of food items.

4. Kamla Kant & Company LLP (Rajshree Pan Masala): The advertisement of Rajshree Pan

Masala features Anu Kapoor – 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. The celebrity in the advertisement would have a significant influence on minors who

are likely to emulate the celebrity in using the product. Hence 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 “Panmasala is injurious to health” in their advertising or

packaging.” Also, the supers/statutory warning in the Hindi TVC were not legible and not in

the same language as the audio of the TVC.

5. Parle Products Pvt. Ltd. (Bakesmith Original English Marie biscuit): In the advertisement,

quoting the story of a fictitious character and claiming the product to be “original English”

Marie is misleading.

6. Gujarat Co-operative Milk Marketing Federation Limited (Amul Epic Choco Almond): The

visual representation on the product packaging of Amul Epic Choco Almond was found

misleading. The visual on the packaging shows the product core to be dark brown implying

that the product contains more of chocolate whereas the core of the product is not as dark

as depicted on the pack.

7. Organic India Pvt. Ltd. (Tulsi Green Tea): The advertisement’s claim, “Its rich antioxidants help

prevent ageing”, was inadequately substantiated and is misleading. No clinical data was

provided in support of this claim.

8. KLF Nirmal Industries (P) Ltd. (KLF Nirmal Virgin Coconut Oil): The advertisement’s claims,

“Consuming two spoons daily increases your immunity, boosts energy, balances total

cholesterol and helps manage weight”, were not substantiated with credible clinical or

published scientific data and are misleading.

9. Shakti Industries (Rajdhani Oil): The claims in the advertisement (in Hindi) as translated into

English, “It decreases the level of body cholesterol and protects from heart diseases”, “It has

anti-bacterial, anti-fungal and anti-inflammatory qualities that are helpful in reducing the

swelling of the stomach layer”, “Reduces the risk of Cancer” and “It reduces the joints pain

along with skin and hair”, were not substantiated with clinical data and product efficacy data.

Also, the claims were considered to be misleading.

10. Chemical Resources (Furocyst): The advertisement’s claims, “An Advanced Form of Ayurveda,

merging nature and science”, “Clinically Evaluated”, and “U.S. Patented Ingredient”, were not

substantiated. Also, the advertisement is misleading by ambiguity.

11. Chemical Resource (Furocyst): The advertisement’s claim, “A medical food furocyst (for

management of PCOS, an endrocrine disorder experienced by women) makes it in the list of

finalists to be awarded by Nutralngredients – USA in Geneva”, is not substantiated with

evidence and is misleading.

EDUCATION The CCC found following claims in the advertisements by 39 different advertisers were not substantiated and, thus, violated ASCI Guidelines for Advertising of Educational Institutions. Hence complaints against these advertisements were UPHELD.

1. LBS Institute of Management & Technology: The advertisement’s claim, “Excellent

Placements in Top Companies for last 19 years”, was not substantiated and is misleading.

2. Hierank Business School: The advertisement’s claim, “B-School with Record Placement

between Four Lacs & Eight Lacs Package”, was not substantiated and is misleading.

3. ITM Business School: The advertisement’s claims, “Highest Package: Rs. 13.50 Lac”, and “Average CTC: Rs. 6.80 Lac”, were not substantiated and are misleading.

4. IMS Unison University: The advertisement’s claim, “Over 90% Placement consistently in last

three years”, was not substantiated and is misleading.

5. Indore Indira Group (Indore Indira Business School): The advertisement’s claim, “200+ Recruiters, 2000+ Placements Domestic, 150+ Placements Overseas”, was not substantiated and is misleading.

6. International Academy of Management & Entrepreneurship: The use of “100%” numerical

claim is not relevant in the context of “assistance” being provided in “100% placement

assistance” claim. The CCC concluded that the claim is misleading by implication.

7. Alliance University: The advertisement’s claim, “94% Placement offers”, was not

substantiated and is misleading.

8. Coimbatore Institute Of Management And Technology: The advertisement’s claim, “95% of

the students are placed in the academic year 2014-15”, was not substantiated with authentic

supporting data (such as detailed list of students who have been placed through their

Institute, contact details of students for verification, enrolment forms and appointment

letters received by the students) and is misleading. The advertisement did not indicate the

total number of students in that class / batch

9. Kaziranga University: The advertisement’s claim, “Three Tier Placement Assistance- International, National & Local”, was not substantiated with supporting data describing the modality of such assistance being provided and it’s utility and is misleading by ambiguity.

10. Techno India Business School: The advertisement’s claim, “99% placement in many MNC's

with packages over Rs. 12 Lakh/US$ 85K per annum”, was not substantiated with relevant

data (such as detailed list of students who have been placed through their Institute, contact

details of students for verification, enrolment forms, the batch size of the students and

appointment letters received by the students), nor any evidence to prove that the individual

students were indeed given the salary offer. Also, the claim is misleading by ambiguity and

implication.

11. KIIT University (KIIT School of Management): The advertisement’s claims, “98% placement”,

“398 total offers” and “13.5 lacs highest salary in 2014-15”, were not substantiated with

relevant data (such as detailed list of students who have been placed through their Institute,

contact details of students for verification, enrolment forms, the batch size of the students,

and appointment letters received by the students), nor any evidence to prove that the

individual students were indeed given the salary offer. Also, the claims are misleading.

12. Koneru Lakshmaiah Education Foundation (K L University): The advertisement’s claim,

“Asia’s fastest growing University”, was not substantiated with any date to prove that the

advertiser’s institute is indeed growing faster as compared to other similar institutes in India

and Asia and is misleading by exaggeration.

13. Combined Counselling Board: The advertisement’s claim, “Get up to 100% scholarship under

this scheme” was not substantiated and is misleading. Also, the website advertisement shows

a picture of IIT, Mumbai, conveying this to be their campus which is false and grossly

misleading and also the website address is made to appear like a government website with

inclusion of “**nic.in” which is likely to mislead the consumers.

14. Rastriya Bal Vikas Samiti (Khajuraho Institute of Hotel Management and Technology): The

claims in the advertisement (in Hindi) as translated in English, “100% Job Guarantee”, and

“Within 90 days get A Job”, were not substantiated with details of batch size, enrolment

forms, appointment letters and contact details of the students who got jobs. Also, the claims

are misleading by exaggeration.

15. Jagran Education Foundation (Jagran Institute of Management & Mass Communication):

The advertisement’s claim, “With 90% Attendance, Get Guaranteed Placement”, was not

substantiated with supporting evidence and is misleading by ambiguity.

16. Chanakya Ias Academy: The advertisement’s claim, “5 in Top 10 Rank 5,6,7,9 & 10 total

Selections 353”, was not substantiated with authentic evidence and validation by an

independent third party.

17. Jai Hind Academy: The claim in the advertisement (in Hindi), as translated into English, “200

selections pre 2016 in RAS exam”, was not substantiated with authentic evidence and / or

validation by an independent third party. Also, the claim is misleading by gross exaggeration.

18. TalentSprint Education Services Private Limited (TalentSprint Bank SSC-CGL coaching):

The advertisement’s claims, “Learn from India's leading faculty”, “Best Govt. exam training”,

“Best Online coaching for Bank & SSC-CGL Exams preparation”, “More candidates succeed at

Talentsprint than any other institute”, “India's Best preparation platform” and “India's Best

faculty”, being absolute claims were not substantiated with comparative data versus other

similar institutes. Further, the claims, “Highest Success rates”, “65% success rate” and

“Trusted by 700000+ students”, were not substantiated with supporting data. Also, the claims

were considered to be misleading.

19. Heritage School: The claim in the advertisement related to results/percentage of the students was considered to be misleading by omission as the advertiser had stated that the details of the results/percentage of the students are published in the print media after taking the marks of best of four subjects obtained by the student, for which the advertiser did not provide relevant supporting data.

20. Chennai Institute of Management Amirta Hotel: The claim in the advertisement, “having

1000 plus teachers”, was not substantiated with supporting data, and is misleading.

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’.

BIMT Gurgaon, Jagran Institute of Management Studies, Hemachandracharya North Gujarat University, Amrita University, Image Infotainment Ltd. (ICAT Design & Media College), MDS Academy, BSC Academy, Det Coaching Centre, GIET Campus (Gandhi Institute of Management Studies), Sky Blue Institute of Design, Career Plus, Socrates Institute, Apparel Training and Design Centre (ATDC), Annai Fathima College, Dashmesh Academy, ICS Coaching Centre, Singhania University, CMS Education Institute and Koneru Lakshmaiah Education Foundation (KL University).

E-COMMERCE

1. ibibo Group Private Limited (Goibibo.com Refer and Earn scheme): The claim offer, “Refer

Friends to download app & get free hotel night stay for 1st referral + 1000 goCash”, is

misleading by ambiguity and implication as in reality, the advertiser is only giving a Rs.1000

discount for that one night stay.

2. Uber India Systems Private Limited (Uber Moto - flat Rs.10 offer): The claim offer, “Uber

Moto - flat rate of Rs.10”, was misleading by omission of the validity period.

3. Naaptol Online Shopping Pvt. Ltd. (Body Massage Cum Fat Burner): The advertisement’s

claim, “local fat and cellulitis loss”, was not substantiated and is misleading by exaggeration.

4. Policy bazaar Insurance Web Aggregator Private Limited (Policybazaar.com - Bike

Insurance): The advertisement shows a situation wherein the two wheeler insurance is

expired. The need of having the insurance is indicated in the event a policeman catches a

person without insurance. It was concluded that the advertisement is misleading consumers

to believe that they need not worry about lapsed policy and is encouraging negligence.

5. Printvenue (Printvenue.com): The advertisement’s claim, “flat 50% off on your first order

valid on all products”, is misleading by ambiguity as though the main claim says that 50% offer

is valid on all products, the terms and conditions state that maximum discount of Rs.500 per

order is applicable on selected products..

6. One 97 Communications Limited (PayTM): The scene in the advertisement showing “a

motorcyclist using PayTM on his mobile at a petrol pump after fuelling his bike”, shows an

unsafe and dangerous practice. Overall impact the advertisement creates would lead

consumers to believe that it is safe to use mobile in the premises of a petrol pump. Also, one

scene showing distance between the person using the mobile device and petrol pumps is

visibly closer than 3 meters, which is violation of Clause C (3) of 4th Schedule of the Petroleum

Rules, 2002.

OTHERS

1. Havells India Ltd. (Havells Standard Fans): The advertisement’s claims, “Best in the Industry

Air delivery” and “standard fans build to deliver more air”, were not substantiated. These

claims imply better performance versus other products in the market and are misleading as

this comparison is not factual as the advertiser has not given any comparative test data against

other industry products to prove superiority of their product over others. There is likelihood

of the consumer being misled about the product advertised. It was also disagreed with the

advertiser’s contention of the claim being puffery.

2. Kent RO Systems Ltd. (Kent Superb Water Purifiers): In the advertisement of Kent Superb

the claim, “World’s 1st” Smart RO Water Purifier, is false, not substantiated and is grossly

misleading.

3. LG Electronics India Ltd. (LG Smart Inverter Refrigerator): The claims in the advertisement,

“New Smart Invertor Compressor”, “Saves upto 48 percent Energy”, “Dual fridge”, “100

percent faster conversion from freezer to fridge”, “Auto smart connect” and “Consumes

Power less than 2 CFL Bulbs”, were not substantiated with technical data, and are misleading

by ambiguity.

4. Renault India Pvt. Ltd. (Renault Lodgy): The advertisement’s claim, “Renault Lodgy – India’s

No.1 MPV”, was not substantiated with market share sales data, and is misleading.

5. Asian Paints Ltd. (Royale Aspira): The contest claim, “SMS 'Aspira' to 56161 and win an all-

expenses- paid trip to Singapore for two”, is misleading by omission of a disclaimer qualifying

the conditions under which this claim offer is tenable.

6. Lenovo India Pvt. Ltd. (Lenovo Vibe P1M): The advertisement’s claims, “Water-Resistant

Build”, “….. protection against sudden drizzle and accidental spills”, were not substantiated

adequately and are misleading in absence of a qualifier.

7. HyperCITY Retail (India) Ltd. (Hypercity): The advertisement’s claims, “Free assured gifts

worth upto Rs 100, a gift coupon of Rs 100/ and a Free Jute bag” were not substantiated.

8. Amar Ujala Publications Limited (No.1 newspaper of Uttar Pradesh): The claim in the

headline, “Uttar Pradesh ka No.1 Akhbaar”, is not substantiated and is misleading by

ambiguity and implication.

9. Arvind Lifestyle Brands Limited (Flying Machine): The outdoor advertisement with headline

“What an Ass!” read in conjunction with the visual of a woman presented in a specific posture

objectifies women. It is indecent and vulgar in the representation of women and likely to cause

grave and widespread offence.

10. Arvind Lifestyle Brands Limited (Flying Machine): The advertisement with the advertisement

headline “Kiss my Ass!” read in conjunction with visual of a woman in short jeans, objectifies

women and is likely to cause grave and widespread offence.

11. Trycone Power Pvt Ltd. (Trycone Led): The advertisement’s claim, “Trycone LED - Up to 90%

Energy Saving”, was not substantiated and is misleading.

12. Clean Car (Clean Car): The claim in the advertisement, “Clean Car @ Rs.10”, was not

substantiated and is misleading.

13. Muliya Properties: The advertisement’s claim, “916 quality house site at Madikeri”, was not

substantiated and is misleading.

14. Supertech Limited: The advertisement’s claim, “1000 families already moved in”, was not

substantiated with supporting evidence and is misleading by exaggeration.

15. Sonal Productions: The claim in the contest (in Marathi) as translated into English, asking

readers to identify the correct names from the jumbled words of two dramas, to win two

premier show passes, was false and is misleading as the advertiser did not substantiate the

details of the contest.

16. Astrologer Suman Rani: The claims in the advertisement (in Gujarati) related to astrology with

guaranteed result, 100% black magic, vashikaran, were false, not substantiated, and are

misleading by gross exaggeration. Also, the advertisement exploits the consumers’ lack of

knowledge and is likely to lead to grave or widespread disappointment in the minds of

consumers.

17. Devbhumi Broadcast (P) Ltd. (Baba Salim Khan Ji): The claims in the advertisement (in Hindi)

that one can get solution on phone within 5 hours for all types of problems such as Love

marriage main rukawat, santhan prapthi, Manchaha pyar mein dokha khaye hue premi

premika, vashikarn aur mootkarni specialist, grahapravesh, naukri mein rukawat, desh vedish

ki yatra mein rukawat, were false, 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.

About Advertising Standards Council of India (ASCI)

The Advertising Standards Council of India is a self-regulatory organization for the advertising industry

and is celebrating its 30th anniversary this year. Established in 1985, ASCI’s role has been acclaimed by

various Government agencies. ASCI is recognized under ‘The Cable Television Network Rules, 1994’

which states that ‘No advertisement which violates the Code for self-regulation in advertising, as

adopted by the Advertising Standard Council of India (ASCI), Mumbai, for public exhibition in India,

from time to time, shall be carried in the cable service’. The Govt. bodies including The Department of

Consumer Affairs (DoCA) and Food Safety and Standards Authority of India (FSSAI) have partnered

with ASCI to address all misleading complaints as well as misleading advertisements in the Food &

Beverage sector.

The Role and Functioning of the ASCI and its Consumer Complaints Council (CCC) is in dealing with

Complaints received from Consumers and Industry, against Advertisements which are considered as

False, Misleading, Indecent, Illegal, leading to Unsafe practices, or Unfair to competition, and

consequently in contravention of the ASCI Code for Self-Regulation in Advertising.

The Advertising Standards Council of India

For further information, please contact: The Advertising Standards Council of India Shweta Purandare, Secretary General, ASCI Phone: 91 22 2495 5070 / 91 9821162785 | Email: shweta@ascionline.org Ketchum Sampark Public Relations Pvt. Ltd Pritu Hait Phone: 91 9987003160 | Email: pritu.hait@ketchumsampark.com