ASCI CCC Recommendations: September 2016

ASCI UPHELD COMPLAINTS AGAINST 151 OUT OF 199 ADVERTISEMENTS

Mumbai, December 19th 2016: In September 2016, ASCI’s Consumer Complaints Council (CCC) upheld complaints against 151 out of 199 advertisements. Out of 151 advertisements against which complaints were upheld, 39 belonged to the Healthcare category, 75 to the Education category, followed by 10 in the Food & Beverages category, 8 in Personal Care Category and 19 advertisements from other categories.

HEALTHCARE

The CCC found the following claims of 39 advertisements in health care products or services 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. Cosmic Grace: The advertisement’s claims (in Hindi), “Cure prostate Cancer, Stone, Eye

disease”, were not substantiated, and are misleading. Also, specific to the claims related to

cure of prostate cancer, Stone, Eye disease, the advertisement is in breach of the law as it

violated The Drugs & Magic Remedies Act. Also, the advertisement exploits consumers’ lack

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

consumers. Advertiser did not produce explicit permission from the political personalities

whose reference have been made in the advertisement. This tends to bring these persons

into ridicule and disrepute.

2. Thosh (Thosh Ion Shower): The advertisement’s claims, “Good news for those who are

suffering from Asthma, Respiratory diseases & Breathing problems, Allergy, Migraine

Insomnia, And those who are fed up of taking heavy medication and pills for the same. Now

Negative Ion therapy has a solution”, were not substantiated, and are misleading by

exaggeration.

3. Nanophyto Pharmacy (UR Halt): The advertisement’s claims, “100% Natural and Scientific”,

“No side effects”, Don’t Stress Just Put A Full Stop To Urinary Incontinence”, “URhalt control

Naturally”, “100% natural phytomedicine.”, “No more dependence on adult diapers or

surgical procedures”, “Controls urinary incontinence naturally”, “100 percent natural and

scientific phytomedicine medicine derived from plants”, “Clinically evaluated formula”, “No

side effects”, and “No more dependence on adult diapers and surgical procedures”, were

not substantiated with clinical evidence of product efficacy, and are misleading by gross

exaggeration.

4. Kudos Laboratories India Ltd. (IME-9 Tablets): The advertisement claims (in Hindi) as

translated into English, “IME-9 tablets bring sugar under complete control” and “India’s first

wonder drug to treat diabetes globally”, were not substantiated with evidence of product

efficacy, and are grossly misleading. Also, specific to the claims related to cure of Diabetes,

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

5. Fizikem Formulations (Madhucure Diabetic Juice): The advertisement’s claim, “Drinking

Madhucure diabetic juice will control blood sugar levels”, was not substantiated with evidence

of product efficacy, and is misleading. Also, specific to the product name implying cure of

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

Act.

6. Tara Nutricare (Tara Magik Mass): The advertisement’s claims, “Our bestselling weight gainer

with great result”, “Helps in the development in muscle mass and size” and product packaging

claim, “Magik Mass”, were not substantiated and are misleading.

7. Shakti Sudha Agro Ventures Pvt. Ltd. (Shakti Sudha Makhana): The advertisement’s claims,

“Also good for Anti-Ageing, Diabetes, Arthritis & Rheumatic Pain, Healthy Heart, Blood

Pressure” and “Immuno stimulant Food”, were not substantiated with evidence of product

efficacy, and are misleading. Also the claim, “India’s No.1 Processor & exporter of gorgon Nut

(Makhana)”, was not substantiated with comparative data versus other similar processor and

exporter of Gorgon Nut or any third party validation to prove this claim, and is misleading by

exaggeration.

8. Kerni Fitness Pvt. Ltd. (Fitness Universe Animal Effect): The advertisement’s claims, “Fitness

universe is an advance fat burning, metabolism enhancing and energy boosting formulation

comprised of unique ingredients which promotes thermogenesis. It burns more calories and

burns fat than exercise and diet alone”, were not substantiated with supporting technical data

of the product composition and clinical evidence of product efficacy and are misleading.

9. Ayurwin Pharma Pvt. Ltd. (Nutri Slim powder/Capsule): The advertisement’s claims (in Hindi)

as translated into English, “An ayurvedic drink that increases body metabolism and helps in

slimming in just 3 months. Also claims to be safe and natural”, were not substantiated, and

are misleading.

10. AVS Herbals (Energic-31Capsules): The advertisement’s claims (in Gujarati), as translated into

English, “full of energy, keeps your weakness away”, “protect from sickness to increase

Immunity, to increase life force, to reduce tiredness, to increase sexual powers and enhance

sex act”, “particularly helpful for maintaining good married life”, were not adequately

substantiated with clinical evidence of the product. Also, the claims are misleading. Further,

specific to the claims related to the product benefit of “increasing sexual energy in men”,

“helpful in leading a happy married life” - implying that the product is meant for enhancement

of sexual pleasure - the advertisement is in breach of the law as it violated The Drugs & Magic

Remedies Act.

11. Shree Baidyanath Ayurved Bhawan Pvt. Ltd. (Baidyanath Madhumenhari): The claims in the

advertisement, “Break through research has helped me keep my blood sugar under control”,

“Helps stimulate pancreas to reduce high blood sugar” and “Researched and clinically tested”,

were not clinically substantiated with proof of efficacy, and are misleading. Also, specific to

the claims related to control of blood sugar (i.e. diabetes), the advertisement is in breach of

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

12. Cadila Healthcare Ltd. (Nutralite): The visual shown in the advertisement read in conjunction

with the claim, “indulge in your favourites without worrying about health”, implies that with

Nutralite, one can indulge even in not so healthy food. It was noted that many other factors

contribute to Cholesterol in the body and contribution of the advertised product to

“cholesterol lowering” by virtue of being a “replacement” product is negligible. The

advertisement is likely to exploit consumers’ lack of experience and knowledge. It was

concluded that while the product does not contain cholesterol, the claim, “0% Cholesterol. 0%

Worries.” is misleading by ambiguity and implication.

13. Manav Care Chikitsalay: The advertisement’s claims (in Hindi) as translated into English,

“100% Guaranteed Treatment of venereal disease”, “Guaranteed treatment of venereal

disease in men & women, weakness because of masturbation, Premature Ejaculation, Wet

dreams, Impotence, Minuteness, thinness through machine” and “Complete Cure in 20 Days”,

were not substantiated with clinical evidence and are misleading. Also, specific to the claims

related to guaranteed treatment for sexual problems, impotency, 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.

14. Sri Nageshwar Ortho & Trauma Centre: The advertisement’s claim (in Hindi) as translated

into English, “Successful treatment of Paralysis”, was not substantiated with clinical evidence

and is misleading. Also, specific to the claim related to successful treatment of Paralysis, the

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

15. Srigiri Ayurvedic Hospital: The advertisement’s claim, “Get Your Natural Hearing Without Any

Hearing Aid And Without Operation”, was not substantiated with supporting evidence and is

misleading by exaggeration. Also, specific to the claim implying treatment for deafness, the

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

16. Oxymed Hospital: The advertisement’s claim, “To cure heart disease without any surgery, no

pain, no anaesthesia and no hospitalization” was not substantiated with clinical evidence.

Also, the claim, “India’s first hospital to give latest treatment for all disease without any

surgery”, was not substantiated with comparative data versus other similar hospitals to prove

this claim. The claims are misleading by exaggeration.

17. Oxymed Hospital: The claim in the advertisement, “To cure leg joint pain without any surgery,

no pain, no anesthesia and no hospitalization required”, was not substantiated with

supporting clinical evidence. The claim is misleading by exaggeration.

18. Oxymed Hospital: The claim in the advertisement, “To cure heart blockage without any

surgery, no pain, no anesthesia and no hospitalization required”, was not substantiated with

supporting clinical evidence. The claim is misleading by exaggeration.

19. Puressenz (Lup Tup Herbal Concentrate): The advertisement’s claims, “Lup Tup helps in

curing obesity, diabetes, blood pressure and heart attack”, were not substantiated with

supporting clinical evidence of product efficacy, and are misleading. Also, specific to the claims

related to cure of diabetes, blood pressure and heart attack”, the advertisement is in breach

of the law as it violated The Drugs & Magic Remedies Act. The claim related to cure of obesity

is in breach of the law as it violated The Drugs & Magic Remedies Act (item 38 under DMR

schedule).

20. Dr Shah’s Super Speciality Clinic: The advertisement’s claims, “Trusted Brand of India”, and

“95% Success Rate”, were not substantiated with authentic supporting data. It was also noted

that the disclaimer in the advertisement “Success rate as per PFBF” is misleading by ambiguity

as PFBF is an abbreviation used by the advertiser for “Patient Feedback Form”.

21. Signature Skin: The advertisement’s claim, “Fastest & Safest Treatment Results for Psoriasis

& Vitiligo!” was not substantiated adequately with authentic evidence, and is misleading by

exaggeration.

22. Dr G Wellness Private Ltd. (Arthritplus): The claim in the advertisement, “Reversing Arthritis”

is not proved in a scientific manner with clinical evidence and is misleading by gross

exaggeration. Further this claim for the product which is positioned as food supplement, is

likely to mislead the consumers into believing that the product would have curative effect on

Arthritis.

23. Shree Baidyanath Ayur Bhawan (Baidyanath Vita-EX Gold Women): The advertisement’s

claim, “Energy, Enjoyment, Satisfaction”, was not substantiated with product efficacy data,

and is misleading. Also, the claim (in Hindi) as translated into English, “Energy, Enjoyment,

Satisfaction”, 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.

24. Goyal Ayurved and Herbals (Goyal Ayurved and Herbals Range of Products): The

advertisement’s claims (in Hindi) as translated into English, “Reduce 3kg to 5kg in just one

month” and “Make your fat body into a slim one”, were not substantiated with proof of

efficacy, and are misleading. Also, with reference to obesity (“motapa”) in the advertisement

and the pack visual, the advertisement is misleading by implication that the product would

solve the problem of obesity and therefore is in breach of the law as it violated The Drugs &

Magic Remedies Act (item 38 under DMR schedule).

25. Nidan Ayurveda India Pvt. Ltd.: The advertisement’s claims (in Hindi) as translated into

English, “Sugar levels can reduce within 30 days”, “Get rid of Diabetes and other life

threatening diseases” and “Get cured of sugar problems immediately” were not substantiated

with supporting clinical data. Also, specific to the claims related to treatment of Diabetes, cure

for sugar problems, the advertisement is in breach of the law as it violated The Drugs & Magic

Remedies Act.

26. The Fitness Zone: The claims, “Turn Fat in to SLIM”, and “Reduce up to 5 Kg in just 12 Hours”,

were not substantiated with clinical evidence, and are misleading. Also, efficacy being

depicted via images of before and after the treatment is misleading.

27. Dr. A. K. Jain: The advertisement’s claims, “India's Top Ranking Sexologist on Google”, was

not substantiated with supporting evidence and with comparative data versus other similar

clinics in the same category, and is misleading. In addition, the claim, “Complete Solution for

all venereal diseases”, was not substantiated with clinical evidence, and is misleading. Also,

specific to the claims implying cure for venereal diseases, the advertisement is in breach of

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

28. Zimalaya Drug Pvt. Ltd. (Slr Four Power Booster Capsules): The advertisement’s claims,

“Guaranteed Increase sperm count in male”, “For increasing sperm count in male”, were not

substantiated with product efficacy data, and are misleading. Also, specific to the claims

related to the product benefit for men, implying that the product is meant for treatment of

sexual impotence, the advertisement is in breach of the law as it violated The Drugs & Magic

Remedies Act.

29. Perfect Point (Cool sculpting treatment): The advertisement’s claims, “Even after Dieting and

Exercise there was no loss of belly fat” and “Reduced 20 kilograms & nine inches from belly”,

were not substantiated with clinical evidence, and are misleading. Also, efficacy being

depicted via images of before and after the treatment is misleading.

30. Curves & Smile: The claim in the advertisement, “Lose weight two to three kilograms per

week”, was not substantiated with clinical evidence, and is misleading.

31. Sex Clinic (Sex Clinic Range of Products): The claim in the advertisement (in Hindi) as

translated into English, “Effect starts from the first dose itself”, was not substantiated with

product efficacy data, and is misleading. Also, specific to the claims implying treatment for

sexual problems, read in conjunction with advertisement visual implying enhancement of

sexual pleasure, the advertisement is in breach of the law as it violated The Drugs & Magic

Remedies Act.

32. Good Care Pharma Products (Neem Guard and Stress Guard): The advertisement’s claims,

“Neem Guard-Clinically proven to rejuvenate your skin”, “Stress Guard - Clinically proven to

reduce stress and fatigue” and “Improves alertness and concentration”, were not

substantiated clinically with product efficacy data, and are misleading.

33. Sai Hospital: The advertisement’s claims (in Hindi) as translated into English, “Successful

treatment of Kidney, renal tubules, Urinary bladder stones (PCNL, URS, Cystolithotrity)”,

“Successful treatment of Congenital kidney & other urinary problems” and “Successful

treatment of impotence”, were not substantiated with supporting clinical data, and are

misleading. Also, specific to the claims related to successful treatment of Kidney, Urinary

bladder stones, and impotency, the advertisement is in breach of the law as it violated The

Drugs & Magic Remedies Act.

34. Lifespan Clinic India (Lifespan Diabetes Clinics): The advertisement’s claims, “2 out of 3

patients have successfully lowered their blood sugar levels by thoroughly following Lifespan's

treatment” and “Over 40,000 Satisfied Diabetics”, was not substantiated with supporting

proof and is misleading by gross exaggeration.

35. Care & Cure Herbals (X men Plus): The advertisement’s claims (in Hindi) as translated into

English, “Passion, Strength and Stamina”, “Effective from day one”, “Interested people can

also try and see the results” and “Complete Sexual Therapy”, were not substantiated with

product efficacy data, and are misleading. Also, the product benefit claims 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.

36. Deemark Health Care Pvt. Ltd. (Love Forever VT): The advertisement’s claims (in Hindi) as

translated into English, “We bring magic of modern science Deemark Love forever VT for you,

Advanced & unique product which is effective for stimulation and stress-related diseases.

Effect starts after use, absolutely harmless and Effective, so give your love new heights &

experience those moments of passionate love again with DeemarK Love forever VT”, “Love

Forever- Strength, Length, Time, Energy Power” and “For a satisfied, Happy married life, your

energetic, passionate and right shape”, were not substantiated with product efficacy data,

and are misleading. Also, the product benefit claims read in conjunction with the claim that

the product is for men only, 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.

37. Lifezen Health Care Pvt. Ltd. (Eye Spa): The advertisement’s claim, “Safe to use Clinically

Proven”, was not substantiated clinically with product efficacy data. Also the claim, “Trusted

Formula Recommended by Eye- Specialists”, was not proven with supporting data. Further,

the claims are misleading by exaggeration.

38. Trim-O-Fast Herbal Slimming Kit: The advertisement’s claims (in Hindi) as translated into

English, “Through Ayurvedic reduce weight, look attractive within 30 days”, was not

substantiated with proof of efficacy. The claim as well as the pack visual in the advertisement

implies a significant weight loss which is also grossly misleading.

39. Standard Laboratories (Navab- E-Navab): The advertisement’s claim (in Hindi) as translated

into English, “Use for happy married life”, was not substantiated with product efficacy data,

and is misleading. Also, the claim, “Use for happy married life” read in conjunction with the

pack 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.

FOOD & BEVERAGES

1. Buzz Live Foods (Pelicana DD Drinker’s Drive): The advertisement’s claims, “Pelicana DD is a

beverage when added to acidic alcoholic drinks converts them into a positive health drink

which reduces oxidative stress. Performs the role of a whole body stress reducer which gives

freshness all over to the drinker”, were not substantiated with supporting clinical data specific

to the product, and are misleading by gross exaggeration. The claim is also likely to encourage

negligence among consumers regarding alcohol intake. Also the claims, “A Noble Prize winner

and Tamil Scientist has invented this product after many years of research”, “Certified by

World's Leading Laboratories” and “World’s first breakthrough product”, were not

substantiated with supporting proof, and are misleading by gross exaggeration.

2. M.K Agrotech Private Limited (Sunpure Sunflower Oil): The advertisement’s claims, “Get the

Natural Vitamins” and “Get the benefits of Vitamins in their pristine form, not to forget

Natural Oryazanol”, were not substantiated with supporting technical data for the advertised

product, and are misleading.

3. Bhagat Marketing Corporation (Amrut Dana Dal):- The advertisement’s claim (in Gujarati), as

translated into English, “To be No.1 in India”, was not substantiated with comparative data

versus other similar brands in the same category, and with market share sales data, and is

misleading by exaggeration.

4. Grofers (Dunkin’ Donuts): The claim offer of “Dunky Doos Donut Box of 6 at Rs. 199/-” in the

advertisement complained against, is misleading by ambiguity and omission of mention that

the price quoted is subject to taxes.

5. Inbisco India Private Limited (Kopiko Cappuccino): The advertisement’s claim, “Keeps You

Awake”, was inadequately substantiated and is misleading by ambiguity as it was noted that

caffeine present in beverages such as coffee and tea that helps to keep one alert, while Kopiko

cappuccino candy contains caffeine at much lower levels as against a standard coffee drink.

While literature reference (with caffeine at much higher level of 50, 100, 200 mg) supports

contribution of caffeine in helping alleviate the reversal of alertness and performance deficit

resulting from sleep loss, the data submitted by the advertiser was not adequate to

conclusively prove the claim of the Kopiko candy keeping one “awake” or delaying the onset

of sleep as claimed, especially with the low caffeine level present in the product. The literature

references referred to higher levels of caffeine and the effect mentioned was more of “sleep

disturbance”.

6. Kaleesuwari Refinery Pvt. Ltd. (Cardia Life Oil): The advertisement’s claim, “Helps in

improving immunity and control cholesterol”, were not substantiated with robust scientific

data specific to the oil blend. Also, the claim is misleading by ambiguity and exploits

consumers’ lack of experience and knowledge.

7. Emami Agrotech Limited (Emami Healthy & Tasty Sunflower Oil): In absence of clinical

evidence specific to the advertised product, the claims in the advertisement, “Regular

consumption helps reduce risk of heart disease” and “Lowers bad Cholesterol”, attributed

directly to the advertised product were inadequately substantiated.

8. Emami Agrotech Limited (Emami Healthy & Tasty Soyabean Oil): in absence of clinical

evidence specific to the advertised product, the claims in the advertisement, “Regular

Consumption helps Lowers the risk of high blood pressure”, “Reduce risk of heart diseases”

and “Improves skin health”, were inadequately substantiated with clinical research data, and

are misleading by ambiguity.

9. Emami Agrotech Limited (Emami Healthy & Tasty Refined Rice Brand Oil): The advertisement

makes a comparison of Rice Bran oil (containing Oryzanol) with Sunflower oil (without

Oryzanol) and implies that the advertised product would provide benefits (protection from

heart disease by reducing bad cholesterol) by virtue of Oryzanol. The claim in the

advertisement encouraging “Regular consumption” of advertised oil only was not considered

to be appropriate. Also the claims, “Regular Consumption helps – i. Protect from heart

diseases ii. Helps improve immunity iii. Reduce cholesterol” were not adequately

substantiated for the advertised product composition. It was concluded that in absence of any

direct and conclusive clinical evidence to show that Emami Rice Bran oil is better versus

Ordinary Refined sunflower oil in reducing bad cholesterol and protecting from heart disease,

the advertisement is misleading by ambiguity and implication.

10. United Breweries Ltd. (Heineken): The advertisement visual of a star, Brand name Heineken

and a foaming beer background read in conjunction with the statement “Born in Amsterdam.

Raised in Bengaluru. From A to B. There’s more behind the star”, appears to be an

advertisement for promotion of a liquor product – Beer. Also, the advertisement is misleading

by implication and contravened Chapters I.4 and III.6(b) of the ASCI Code (“Whether there

exists in the advertisement under complaint any direct or indirect clues or cues which could

suggest to consumers that it is a direct or indirect advertisement for the product whose

advertising is restricted by this Code.). Also, the advertisement did not meet the requirements

as per ASCI's Guidelines for Qualification of Brand Extension Product or Service and thereby

contravened Chapter III.6 (a) of the ASCI Code (“Whether the unrestricted product which is

purportedly sought to be promoted through the advertisement under the complaint is

produced and distributed in reasonable quantities, having regard to the scale of the

advertising in question, the media used and the markets targeted.”)

PERSONAL CARE:-

1. J.K. Helene Curtis Limited (Park Avenue Acti-Cool Deodorant): The advertisement’s claim,

“Lasting cooling effect”, was not substantiated adequately with technical data to prove how

long the cooling effect stays. Also, the claim is misleading as it implies that the cooling effect

is lasting for considerably long time.

2. VLCC Personal Care Limited (VLCC Slimmer’s range of products): The product name and the

variant name, “Slimmer’s Herbal Infusion with Green Tea” and “Slimming” respectively, are

likely to mislead consumers by implication and the benefit of slimming attributable to the

advertised product was not substantiated adequately.

3. Johnson & Johnson Ltd (Clean & Clear Foaming face wash): The advertisement’s claims, “To

give 8 hours’ oil control”, was not substantiated adequately, and is misleading by implication

as the claim “control” implies maintenance of sebum level at a particular fixed value whereas,

the product is demonstrating “reduction” and not “control” over the eight hour period. Also,

the study indicates that even simple water has demonstrated reduction of the sebum levels

at different time points.

4. Clarins (Clarins White Plus): The advertisement’s claims, “After 4 Weeks, 85% No more New

Spots, 94% Skin Looks Fairer, 94% Skin is more Translucent”, were not substantiated with

clinical evidence of product efficacy, and the claims were considered to be misleading by

ambiguity.

5. Sairaa Hair Gel: The advertisement’s claim (in Tamil) as translated into English, “Controls hair

fall in just Seven Days”, was not substantiated with clinical evidence of product efficacy. Also,

the claim is misleading.

6. Lotus Herbals Limited (Lotus Safe Sun Whitening Plus): The advertisement’s claim, “Botanical

Extracts gives whitening glow”, was not substantiated with evidence of product efficacy or

any clinical study report. Also, the advertiser did not provide any substantiation for the SPF

value of “SPF 40” through any technical test or a third party certification. The claims are

misleading by exaggeration.

7. Nature’s Essence Pvt Ltd.( Nature’s Lacto Tan Clear): The advertisement’s claims (in Bengali)

as translated into English, “Nature’s lacto tan clear with milk and honey, makes skin tan free”

was not substantiated with supporting evidence, and is misleading. Also, the visual showing

the transformation of the dark complexion to fair, is misleading by exaggeration.

8. Aswini Homeopathy & Ayurvedic Products (Aswini Hair Oil): The advertisement’s claim,

“Now no Hair fall………Our Challenge”, was not substantiated and is misleading.

EDUCATION

The CCC found following claims in the advertisements by 75 different advertisers were not

substantiated and, thus, violated ASCI Guidelines for Advertising of Educational Institutions. Hence

complaints against these advertisements were UPHELD.

1. Pratap University: The advertisement’s claims, “Ranked among Top 20 universities of India by

‘The Pioneer’”, and “Foreign University Collaboration UDG University of Motenegro Europe”,

were not substantiated with supporting proof, and are misleading.

2. ITM University: The advertisement’s claims, “100% Placement of MBA (Supply Chain Mgmt)”,

and “Highest Placements in 1st year in central India”, were not substantiated with relevant

data (such as evidence of batch size, enrolment forms, and appointment letters received by

the students etc.) nor any independent audit or verification certificate. Also, the claims are

misleading. The advertisement also claims, “05 Lac Highest package (CTC)” and “3.25 Lac

Average package (CTC)”, were not substantiated with evidence to prove that students were

offered the claimed salary packages, and also the claims are misleading.

3. Sujas: The advertisement’s claims “Institute holds Record for Highest Number of Jobs

Provided in Government and Private Sector”, and “100% Guarantee Employment/Job”, were

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, nor any independent audit or

verification certificate. Also, the claims are misleading by gross exaggeration. Also the claim,

“Chance to work in a Government office in 6 Months for 10th/12th Passed Students”, was not

substantiated with evidence to conclusively prove that 10th / 12th passed students were

indeed offered jobs in government offices and also the claim is misleading by ambiguity.

4. Aptech Limited (Arena Animation): The advertisement claim, “Get Scholarship Upto 50%”,

was not substantiated with authentic supporting data such as detailed list of students who

have received the scholarship, contact details of students for verification. Also the claim,

“Learn From the Global Leader”, was not substantiated with comparative data versus other

similar institutes in the same category or any third party validation or research to prove this

claim. Also, the claims are misleading by exaggeration.

5. FIIT JEE Limited: The advertisement’s claim, “Kota has become suicide capital of India. If you

love your son / daughter, then never compromise on value system”, unfairly denigrates Kota

city and is misleading by implication.

6. Naval Career Institute: The advertisement’s claims (in Hindi) as translated into English, “No.1

Agriculture Coaching institute of country from 23 years”, “Most Reliable, Most Experienced,

Most Successful”, were not substantiated with supporting evidence and with comparative

data versus other similar institutes in the same category or any third party validation or

research to prove these claims. Also, the claims are misleading by gross exaggeration.

7. Luthfaa Foundation Luthfaa Polytechnic Institute: The advertisement’s claims, “In 2015-

100% Students Were Placed In Renowned Companies Like Mahindra Cie, Billets Electro Worke

Ltd. Eiem Etc” and “In 2016- More Than 60% Students Has Already Placed In Renowned

Companies Like Haier, Dmrk Engineering, Sumukha Engineering, Wireform Components India

Pvt. Ltd, Billets Electro Worke Ltd.Etc”, were 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, nor any independent audit or verification certificate. Also, the claims are misleading

by gross exaggeration.

8. Allen Career Institute: The claim in the advertisement, “The true Leader in AIPMT, NEET-UG,

AIIMS Coaching”, was not substantiated with comparative data versus other similar institutes

in the same category or any third party validation or research to prove this claim. Also, the

claim is misleading by exaggeration. Also the claim, “Kota gives you 10 Times better chances

to be selected in Pre-Medical (NEET- UG & AIIMS) or PreEngineering Exams”, was not

substantiated with authentic supporting data. Also, the claim is misleading by gross

exaggeration.

9. National Academy of Event Management & Development: The advertisement’s claim, “Join

Asia’s Best Event Management Institute”, was not substantiated with comparative data versus

other similar institutes in the same category. Also, the claim is misleading by exaggeration.

Also the claims, “Best Institute for Event Management at Asia Education Summit 2015” and

“NAEMD- Recognised by Limca Book of Records-NAEMD is Asia’s First & Best Event

Management Institute to offer courses in Events Management & PR”, were not proven with

supporting evidence, and are misleading. Further the use of “100%” numerical claim is not

relevant for “placement assistance” claim. The claim is misleading by implication

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’:

University of Petro & Energy Studies (UPES College of Engineering Studies), Gyan Sagar Foundation

(Royal group of Institution), Para Medical Council of Gujarat, Skybird Aviation, St. Margaret

Engineering College, Mother Teresa Group of Colleges, Gomti Nandan Public School, Lingaya’s

Paradise Education Trust (Lingaya’s University), Karnataka Reddyjana Sangha (Vemana Institute of

Technology), Brundavan Educational Trust -Sampoorna Institution of Technology & Research, Mata

Gujri College, Sanskriti College, Sri Aravindar Education Center (Sri Aravindar Engineering College),

Chennais Amirta International Institute of Hotel Management, New Image Beauty Academy, Xavier

College of Hotel Management , Sri Sapthagiri Institute of Technolgy, Mahanadi Education Society

(Ritee Group of Institution), Subhas Bose Institute of Hotel Management (SBIHM), Frameboxx

Animation & Visual Effects, Dhanwantari ITI, M Star Institute of Hotel Management, Bagaria

Education Trust (Vivekananda Global University), J K Lakshmipat University, Skytech Technical

Training Foundation, Gandhi Institute Of Engineering & Technology, UCMAS (U C Mas Mental

Arithmetic), Dr Sahus PMT Biology Classes, MATS University, Teerthanker Mahaveer University, Kota

Study Circle, Sri Chaitanya IIT Academy, Bhavani/Aparna School of Nursing, IICHM School of

Computer, Atmiya Group of Institutions, Dr.A.P.J. Abdul Kalam Polytechnic College, Subhas Bose

Institute of Hotel Management (SBIHM), I.T.S The Education Group, Vijay Krishna College of Nursing,

Apollo Institute of Technology, SVGI Group of Institutions (Lord Venkateswaraa Engineering College

and Lord Ayyappa Institute of Engineering & Technology Kanchipuram Chennai), DAV College Trust &

MGMT Society (DAV Institute of Engineering & Technology), IIMT, Akash Animation Institute of

Multimedia and Visual, Pai Classes, Sona College of Technology, Jasoda Institute of Technology and

Management Science (JITMS), Bhabha Group of Institution, Academy of Indian Banking, Peoples

Education Society (PES Evening College), Parshi Training & Tech Service (Cad Desk India), Prolific

Training, Brain Bench, Vairabi Institute of Paramedical Sciences (VIPS), Bollineni College of Nursing,

Jan Shikshan Sanstha, International Institute of Design, Kalasalingam University Kalasalingam

Academy of Research and Education, Centurion University, Ratnam Coaching Centre, Sanjay Shiksha

Samiti (Apex institute of Engineering & Technology), Prolific Systems & Technologies Pvt. Ltd, Hi-

Tech Institute of Advance Technology, Alternative Learning Systems (ALS), Lords International

College, Dream Shapers & Climax Academy and National Institute Of Fire & Safety Engineering

(NIFSE).

OTHERS:

1. Digital Radio Broadcasting Limited (Mumbai) (Redtro 106.4 FM): It was concluded that

regardless of the disclaimer in the advertisement, the visual showing a boy hanging out of a

moving train shows a dangerous practice without justifiable reason, manifests a disregard for

safety and encourages negligence.

2. Fever 104 HT Media Ltd. (Fever 104 FM): The advertisement’s claims, “Bangalore's No.1 FM

Station!” and “1 > 2+3+4+5 -FEVER 104 Bangalore has more listeners than the combined

listenership of RED FM (No.2), Radio One (No.3), Radio Indigo (No.4) & Mirchi (No.5). Well

there is a reason we are called the BAAP”, were not substantiated and are misleading.

3. Berger Paints India Limited (Berger Express Painting): The advertisement’s claims, “You will

be amazed to see how the trained painters use the hi-tech sanding machines to scrape your

walls without any dust and use the automatic paining machines to paint the walls perfectly in

no time.” were inadequately substantiated with supporting evidence, and are misleading.

4. Polycab Wires Pvt. Ltd. (Polycab Cables & Wires): The advertisement’s claim, “25% Power

Saving”, was substantiated under the lab conditions, but the claim is not valid for a general

household. The claim is misleading by implication and exploits consumers’ lack of experience

and knowledge.

5. Trivago: The advertisement on Trivago of Hotel Hyatt, Kolkata claiming an offer of “Rs. 2601

with breakfast included”, is misleading and is a “Bait and switch” type activity as on the click

of the `view deal’ option, the consumer is directed to another hotel and not Hyatt. The

advertisement was grossly misleading.

6. S.C. Johnson Products P. Ltd. (All out 5 in 1): The advertisement’s claim of “Complete

Protection” was not adequately substantiated. Also, the claim of “New” was not substantiated

and is misleading.

7. Hitachi India Pvt. Ltd. (Hitachi A/C): The advertisement’s claim, “5 star forever”, was

inadequately substantiated and is misleading.

8. Vodafone India Ltd. (Vodafone HD Voice calling ad): The advertisement’s claim, “Enjoy life-

like sound with HD voice calls”, was inadequately substantiated and is misleading.

9. Su-Kam Power Systems Ltd.: The claims in the advertisement, “Largest Solar Rooftop

installations” and “India’s Most Trusted Brand”, were not substantiated with supporting proof

and with comparative data versus other industry players in the same category. Also, the TVC

is misleading by gross exaggeration and does not have appropriate disclaimers to indicate the

source of the research being referred to for the claims.

10. Amazon India (Moto G4 Plus): The advertisement regarding the contest was misleading by

omission of the mention of date of execution and the date of announcements of winners of

the contest. While Amazon asserts that they have complied with any obligation related to the

offer, they did not provide evidence of the customers who have benefitted from the said offer.

The advertiser has not stated clearly all material conditions so as to enable the consumer to

obtain a true and fair view of their prospects in such activities.

11. Idea Cellular Ltd. (IDEA 3G – Exclusive offers for TCS): The advertisement’s claim, “Unlimited

2G after free data usage”, is misleading by omission of the condition that the 2G data speed

is capped at 10kbps.

12. Nissan Motors India Pvt. Ltd. (Datsun redi-GO): The advertisement’s claim, “Datsun redi-Go

starting from Rs. 2.39 lakhs”, was not substantiated with supporting evidence of genuine

customers who have availed of this offer, and is misleading by implication.

13. Godrej Consumer Products Ltd. (Godrej Aer Pocket): The claim in the advertisement, “lasts

upto 30 days”, was not substantiated. The advertisement is also misleading by ambiguity as

the voice over (in Hindi) says, “Iski khushboo tike pure tees din” (“lasts for 30 days”).

14. Bharat Petroleum Corporation Limited: The claims, “Better Driving Experience”, “Lower

Maintenance Cost” and “Lower Emission", were substantiated for Speed in comparison to

ordinary petrol; however, in absence of description of the basis of comparison in the

advertisement, the claims were considered to misleading by ambiguity. Also in view of other

potentially better sources of energy being available for the vehicle over petrol and in absence

of any qualifiers, the claims “The Environment Friendly Fuel”, “Eco- Friendly Fuel for the

Health of Your Car and the Nature” are misleading by ambiguity and implication. Further, the

absolute claim “Go Green with speed” appearing with excessive emphasis on green colour

theme in the advertisement was misleading and not considered to be appropriate and

acceptable from environmental claims perspective.

15. D.K.Bhardwaj: The claims in the advertisements as translated into English, “Open challenge,

solution for all problems except death. 5000% guaranteed, effect begins within one

minute”, “A specialist in making you be with the desired male or female. Make your desired

female or male do whatever you desire by hypnotizing/controlling them”, “Get rid of the

other woman enemy. Teach a lesson to your enemies”, “If you want a love marriage, a quick

wedding, even if your girlfriend/boyfriend or parents don’t agree. Make your parents agree,

guaranteed”, “To hypnotize/control anyone or to break anyone's hypnotism/control”, “As

soon as the spell is cast, girlfriend, boyfriend, wife will come back running to you” and

“Lottery, Satta (gambling) specialist”, were 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.

16. Prameya News7: The advertisement’s claim to be the “No. 1 Odia News Channel” on the

basis of Average Time Spent or ATS (Viewer) while the fair basis of comparison would be

Gross Rating Points or GRPs ('000). A leadership claim can only be made on the basis of the

total time that all viewers spend on it, not the average time each viewer spends. It

misrepresents the leadership claim. While the period of comparison, week 15-32, and the

citation of BARC and the audience definition used, comply with BARC's Guidelines, the basis

of comparison is chosen in a manner that confers an artificial and misleading advantage

upon the advertiser.

17. Hindustan Pencils P. Ltd. (Apsara Pencil -SocialMediaDay Contest): Apsara Pencil ran a

contest on Twitter and informed that the participant (complainant in this case) had not

finished the step 1 process by not completing the hashtag - #ApsaraPencils……..whereas as

per the complainant, all the contest rules were followed. The advertiser also stated that

there were no winners for the contest as the necessary rules were not followed. However,

no data regarding overall contest participants or details as to why the complainant was

disqualified was provided by the advertiser. In absence of this data, the complaint was

considered to be valid and the advertisement contravened the ASCI Codes.

18. Lenskart: The advertisement’s claims, “We offer a unique Free Trial Service across India”, was

not substantiated with supporting evidence of the customers who have been benefitted by

this offer. Also, the claim is misleading, as based on the information provided by the

complainant, the advertiser is offering Frames on trial only in Delhi, Noida, and not across

India as claimed in their advertisement.

19. Levi Strauss (India) Pvt. Ltd: The “Flat 50% off” claim in the advertisement is misleading by

ambiguity as the discount is being calculated on a reference price which is inclusive of VAT

and VAT is in any case being added post discount. With respect to the disclaimer in the

advertisement, it was noted that a disclaimer should not attempt to correct a misleading claim

made in an advertisement.

About Advertising Standards Council of India (ASCI)

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

industry. 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