ASCI CCC Decisions: APRIL 2016

ASCI UPHELD COMPLAINTS AGAINST 67 OUT OF 141 ADVERTISEMENTS

Mumbai, 4th July, 2016: In April 2016, ASCI’s Consumer Complaints Council (CCC) upheld complaints

against 67 out of 141 advertisements. Out of 67 advertisements against which complaints were

upheld, 27 belonged to the Healthcare & Personal Care category, 10 in the Food & Beverages category,

7 in the E-commerce Category, 4 depicting Automotives, followed by 4 in the Education category and

15 advertisements from other categories.

HEALTH & PERSONAL CARE The CCC found the following claims in health care & personal care product or service advertisements of 27 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. Razorbill (RazorSlimAyurvedic Instant Slimming Capsules): The advertisement’s claims,

“RazorSlimAyurvedic Instant Slimming Capsules” and “No Exercise and No Diet” were not

substantiated and the before and after visuals in the advertisement were grossly misleading.

2. Colgate-Palmolive (India) Ltd. (Colgate Herbal): The ambiguous presentation of the trademark

“Colgate Herbal” on packaging as two separate words and omission of the reference to trademark was

misleading.

3. Procter & Gamble Hygiene & Health Care Ltd. (Pantene Shampoo): The advertisement’s claim, Pantene is the "World's No. 1 Hair Care Brand", regardless of the disclaimer, is misleading by implication and ambiguity. It was not accepted, that the qualifier in the advertisement stating "Hair Care Category sirf shampoo aur conditioner se sambandhit" is appropriate to validate the advertiser’s own categorisation of Hair care category which comprises of Shampoo, Conditioner and Hair Oils. 4. L’Oreal India Limited (New Garnier White Complete Double Action Facewash): The advertisement

on the pack claims, “instant whitening” and “Gives 1 tone fairer looking skin in one wash” were not

substantiated. The TVC claim, “You think only cream can give you visible fairness? Think again …. This

fights dark spots and gives instant whitening”, was misleading by implication.

5. Hindustan Unilever Ltd. (Rexona Roll On): The advertisement of Rexona Roll On claim, “Ten times (10X) Protection”, was misleading by omission of qualifiers and reference to the comparison to talcum powder. 6. Patanjali Ayurved Limited (Patanjali Dant Kanti): The advertisement’s claims, “Effective Against

Pyorrhoea, Swelling & Bleeding Of Gums, Yellowing Of Teeth, Sensitivity & bad Breath” and “Protects

your teeth for a longer time and provides a natural shield against germs”, were not substantiated and

are misleading.

7. Shree Maruti Herbal (Stay On Capsules): As no product efficacy data was presented by the

advertiser, the claim in the advertisement of Stay On Capsules referring to “Bigger, longer” as an

adjective to the word “bond” was considered out of context for a product meant to be a health

supplement only. Also the claim read in conjunction with 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.

8. Shree Maruti Herbal (Stay On Power Capsules): The advertisement’s claim, "Thousands of couples

have rediscovered passion in their lives”, read in conjunction with the visual in the advertisement and

pack visual, is misleading and also 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.

9. Shree Maruti Herbal (Stay On Powder & Capsules): The claim in the advertisement (in Marathi)

“Stay On, fuel for liveliness and reason for women’s shringar” read in conjunction with the visual in

the advertisement and pack visual, is misleading and 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.

10. Shree Maruti Herbals (Stay On Power Capsules): The advertisement’s claims, "The Open Secret

Of Blissful Coexistence" and "The Unchallenged Power Of Stay-On", read in conjunction with the

advertisement visual and 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.

11. Japani Instrument: The claims in the advertisement (in Bengali) as translated into English, “Ultra-

modern way of increasing your passion for sex and thereby engaging in more fun”, “Free Japani

instrument for increasing the size of one’s sex organ or penis”, “With the use of this instrument, a

penis that is small, crooked or thin, turns into a strong, straight and hard one with its length increased

by eight to nine inches”, “It helps cure quick loss of erection, impotency, nightfall and childlessness”,

“It helps increase sex time by 30-45 minutes”, “Within 30 days of usage one gets a good penis or a

good vagina” and “No side effects. 100% guarantee”, were not substantiated and are misleading by

exaggeration. Also, specific to the claims related to cure of sexual impotency and childlessness

(infertility), and the claims pertaining to the benefits of the product such as “Ultra-modern way of

increasing your passion for sex and thereby engaging in more fun”, “Free Japani instrument for

increasing the size of one’s sex organ or penis”, “With the use of this instrument, a penis that is small,

crooked or thin , turns into a strong, straight and hard one with its length increased by eight to nine

inches” , “It helps cure quick loss of erection, impotency, nightfall”, “It helps increase sex time by 30-

45 minutes” and “Within 30 days of usage one gets a good penis or a good vagina”, 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.

12. Japani Instrument: The claims in the advertisement (in Bengali) as translated into English, “The

Sex Problem - Modern discovery of Japani instrument for increasing the size of one’s sex organ worth

Rs 200/ 300 /500”, “It helps turn a small, thin, crooked penis into a long, thick, hard and beautiful

one”, “By having this 100% ayurvedic medicine one can maximally enjoy their sex life, with the length

of their penises increased by seven to eight inches and thickness by three to four inches”, “By treating

problems of impotency, inability of a penis to sustain an erection for too long, lack of manliness, one

can make their married lives a happy one” and “With medicines for 30 days, you get the oil that

increases your strength and passion for sex, absolutely free”, were not substantiated and are

misleading by exaggeration.

Also, specific to the claims implying cure for sexual impotency, and claims pertaining to the benefit of the product such as, “The Sex Problem - Modern discovery of Japani instrument for increasing the size of one’s sex organ worth Rs 200/ 300 /500”, “It helps turn a small, thin, crooked penis into a long, thick, hard and beautiful one”, “By having this 100% ayurvedic medicine one can maximally enjoy their sex life, with the length of their penises increased by seven to eight inches and thickness by three to four inches”, “By treating problems of impotency, inability of a penis to sustain an erection for too long, lack of manliness, one can make their married lives a happy one” and “With medicines for 30 days, you get the oil that increases your strength and passion for sex, absolutely free”, 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. 13. Japani Instrument: The claims in the advertisement (in Bengali) as translated into English, “Japani

instrument for increasing the size of one’s sex organ”, “Men with small, narrow or crooked penises

can now make their penises eight to nine inches long and extremely thick, thereby enabling them to

engage in sex for an extra 30-40 minutes”, “Problems like impotency, not sustaining an erection for

too long, lack of strength in a penis or childlessness can be solved using this product”, “Free medicines

for thirty days are provided along with guarantee card”, “Free ‘mosti’ oil, ‘Shombhogkola’ magazine,

Breast cream, DVD, 8GB memory card can be availed” and “100% Ayurvedic”, were not substantiated

and are misleading by exaggeration.

Also, specific to the claims implying cure of sexual impotency and childlessness (infertility), and the

claims pertaining to the benefits of the product such as, “Japani instrument for increasing the size of

one’s sex organ”, “Men with small, narrow or crooked penises can now make their penises eight to

nine inches long and extremely thick, thereby enabling them to engage in sex for an extra 30-40

minutes” and “Problems like impotency, not sustaining an erection for too long, lack of strength in a

penis can be solved using this product”, 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.

14. Rajnish Hot Deals Pvt. Ltd. (Play Win Plus Capsules): The claim in the advertisement (in Marathi)

“And, what continues the whole night? Quick results, one capsule one hour prior, get a surge of

energy, for better results use PlayWin oil”, in the advertisement read in conjunction with the pack

visual and the advertisement visual is misleading and 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.

15. Rajnish Hot Deals Pvt. Ltd. (Play Win Capsules): The advertisement’s claim, “Effect start from First

Day Only”, was not substantiated with supporting product efficacy data, and is misleading. Also, the

claims (in Marathi) as translated into English, "If you want to make your life happy! Then make your

wife happy!!!”, “Play Win Capsules are effective for this kind of problems. Which can help you gain

your power, stamina, strength” and “Make your relationship stronger", read in conjunction with the

advertisement visual and 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.

16. Sex product Ad: The claims in the advertisement (in Bengali) as translated into English, “Upset

with problems regarding sex? You get desired results no sooner than you start using them”, “You can

make your small, crooked or thin sex organ or penis into one that is strong, hard, with an increase in

length by three to four inches”, “Reduces problems of impotency, childlessness, inadequate manliness

etc”, “Increases sex time by 25-30 minutes”, “Within 30 days of taking the medicine, one will get a

good vagina or penis” and “If product isn’t helpful or beneficial, then money will be refunded”, were

not substantiated and are misleading by exaggeration. Also, specific to the claims implying cure for

sexual impotency and childlessness (infertility), and claims pertaining to the benefits of the product

such as, “Upset with problems regarding sex? You get desired results no sooner than you start using

them”, “You can make your small, crooked or thin sex organ or penis into one that is strong, hard,

with an increase in length by three to four inches”, “Reduces problems of impotency, inadequate

manliness etc.”, “Increases sex time by 25-30 minutes” and “Within 30 days of taking the medicine,

one will get a good vagina or penis”, 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.

17. Sex product Ad: The claims in the advertisement (in Bengali) as translated into English, “White

marks - Within five to six hours the marks will vanish and help return the normal skin colour”, “Reshape

your sex organ in ways that you desire and also increase the duration of your sex-life as per your wish”

and “Treatments are done for skin problems, psoriasis and piles”, were not substantiated and are

misleading by exaggeration. Also, specific to the claims related to the treatment of psoriasis, white

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

addition, specific to the claims implying treatment 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.

The claims in the advertisement, “Reshape your sex organ in ways that you desire and also increase the duration of your sex-life as per your wish”, 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. 18. Dindayal Industries Limited (303 Capsules): The claim in the advertisement (in Marathi), “Very

effective for men, the only capsule in India for men’s vigour, effective from day one” read in

conjunction with the visual in the advertisement and pack visual is misleading and 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.

19. Vaccum Therapy: The claims in the advertisement (in Bengali) as translated into English, “Modern

Discovery Vacuum Therapy, with instrument for increasing the size of sex organ worth Rs 200/

300/500’”, “According to the American agency FDA, the vacuum therapy together with the instrument

for increasing the size of one’s sex organ and ayurvedic medicines can help one increase the length of

their penis to seven to eight inches, with a thickness of four to five inches, in only 15 minutes”, “It not

only the penis hard and strong but also helps to increase the sex time by 30-45 minutes”, “Helps to

cure impotency and other problems like the penis not sustaining an erection for too long, lack of

strength in a penis, lack of manliness and childlessness”, “Helps to make a small, crooked or narrow

penis look beautiful” and “100% Ayurvedic”, were not substantiated and are misleading by

exaggeration.

Also, specific to the claims related to cure for sexual impotency and childlessness (infertility), and

claims pertaining to the benefits of the product such as, “Modern Discovery Vacuum Therapy, with

instrument for increasing the size of sex organ worth Rs 200/ 300/500’”, “According to the American

agency FDA, the vacuum therapy together with the instrument for increasing the size of one’s sex

organ and ayurvedic medicines can help one increase the length of their penis to seven to eight inches,

with a thickness of four to five inches, in only 15 minutes”, “It not only the penis hard and strong but

also helps to increase the sex time by 30-45 minutes”, “Helps to cure impotency and other problems

like the penis not sustaining an erection for too long, lack of strength in a penis, lack of manliness”,

“Helps to make a small, crooked or narrow penis look beautiful”, 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.

20. Win-Medicare Pvt. Ltd. (Umesh Modi Group) (Mederma): The advertisement’s claims, “Visibly

reduces scars resulting from surgery, injury, burns, acne and stretch marks”, “Visibly reduces scars in

eight weeks” were not adequately substantiated. The USA prescription data of IDE for the

advertisement’s claim, “Mederma is the No.1 Doctor recommended product in USA for scars” is an

old data of 2013 ie. not recent or current and hence not acceptable. The claims were misleading by

ambiguity.

21. Ayuway Herbal (Noni Wellness Drink): The claims in the advertisement (in Gujarati) as translated into English, “By taking Ayuway Herbal Noni daily in appropriate dose, the following stubborn diseases can be brought under control – Cancer, Arthritis, Blood circulation, Stomach ulcers, Muscle pain, Thyroid, Gas trouble, Diabetes, H.I.V., Skin problem”, “In many such diseases Ayuway Noni is beneficial” and “100% money back guarantee”, were not substantiated and are misleading. Also, specific to the claims with money back guarantee implying treatment/cure for Cancer, Arthritis, Diabetes, the advertisement is in breach of the law as it violated The Drugs & Magic Remedies Act. 22. Ayuway Herbal (Fat Free Tablet): The claims in the advertisement (in Gujarati) as translated into

English, “You can reduce 10 to 15 kilo weight in two to three months by taking Fat Free two pills in

morning and two pills in evening” and “Ayuway Noni and Fat Free give 100% result”, were not

substantiated and are misleading.

23. Akhilesh Shinde (Treatment for Cancer): The testimonial’s claims (in Gujarati) as translated into

English, “Got a new lease of life from cancer” and “ayurvedic treatment of cancer”, were not

substantiated and are misleading by exaggeration. Also, specific to the testimonial claiming cure for

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

24. Babuline Pharma Pvt. Ltd. (Babuline Carminative Water): The advertisement’s claim, “Five times

faster than churan or tablet” was not substantiated as there was no authentic evidence comparing

the speed of action of the product versus any marketed product. Also, the claim in the advertisement,

“Fit and Healthy” was considered to be misleading by ambiguity.

25. Dr.Basu’s Eye Hospital (Isotin Eye Drops) (Treatment for Cataract without Operation): The claim

in the advertisement (in Hindi), “New discovery in Ayurveda - Treatment of cataract without operation

with Isotin drops” (“Ayurvedickshetrameinnayeekhoj, treatment of catract without surgery with Isotin

Eye Drops”) was not substantiated and was grossly misleading by exaggeration. Also, the claim is in

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

26. Pankajakasthuri Herbals India Pvt. Ltd. (Orthoherb Tablets Joint Pain Relief): The testimonial’s

claim (in Malayalam) as translated into English, “improvement in one month from joint pain on taking

Orthoherb tablets”, was not substantiated with product efficacy data, and is misleading by

exaggeration.

27. Vaidya Pritam Singh (Shiva Aushadhalaya): The advertisement (in Hindi) claiming to “Cure

childless women with guarantee”, was not substantiated and is misleading by exaggeration. Also,

specific to the claims implying guaranteed cure for childless women (infertility), the advertisement is

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

FOOD & BEVERAGES 1. Patnajali Ayurved Ltd. (Patanjali Kachi Ghani Mustard Oil): The advertisement’s claim, “mustard

oils are being adulterated with oil made by solvent extraction process with neurotoxin containing

Hexane”, was not substantiated. Also, the claim is grossly misleading by exaggeration.

2. Patanjali Ayurved Limited (Patanjali Fruit Juice): The claims in the advertisement (in Gujarati) as

translated into English, “Will you make the mistake of drinking expensive juices containing less pulp

or will you drink cheap and good Patanjali fruit juices which are full of pulp to become healthy and to

save money” accompanied by reference to the prices of other branded juices, by implication unfairly

denigrates the entire class/category of fruit juices. Also, these claims were not substantiated

adequately and are misleading by implication.

3. Patanjali Ayurved Limited (Patanjali Dugdhamrut): The claims in the advertisement (in Hindi) as

translated into English state “Infertility is increasing in cattle”, “Cattle is being butchered”, “Other

companies mixes up 3 to 4% urea and other non-edible things in their cattle feed” and “Patanjali

Gaushala's cow that gives 25 Liters milk”, were not substantiated and were misleading.

4. Kamla Kant & Company LLP (Rajshree Pan Masala): The advertisement themed blood donation

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, who are very

likely to be exposed to the advertisement. The celebrity in the advertisement would have a significant

influence on minors who are likely to emulate the celebrity in using the product. The advertisement

contravened Chapter III.2 (e) of the ASCI Code which specifically states that advertisements “Should

not feature personalities from the field of sports and entertainment for products which, by law,

require a health warning such as “………….. is injurious to health” in their advertising or packaging”.

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. Kamla Kant & Company LLP (Rajshree Pan Masala): The advertisement themed donation of clothes

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, as minors are

very likely to be exposed to the advertisement. The celebrity in the advertisement would have a

significant influence on minors who are likely to emulate the celebrity in using the product. The

advertisement contravened Chapter III.2 (e) of the ASCI Code which specifically states that

advertisements “Should not feature personalities from the field of sports and entertainment for

products which, by law, require a health warning such as “………….. is injurious to health” in their

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

not in the same language as the audio of the TVC.

6. DJ Group (Pan Bahar Pan Masala): The advertisement features Saif Ali Khan – a celebrity from the

field of cinema for a product which has a health warning “Pan Masala is injurious to health” and which

cannot be purchased or used by minors, as minors are very likely to be exposed to the advertisement.

The celebrity in the advertisement would have a significant influence on minors who are likely to

emulate the celebrity in using the product. The advertisement contravened Chapter III.2 (e) of the

ASCI Code which specifically states that advertisements “Should not feature personalities from the

field of sports and entertainment for products which, by law, require a health warning such as

“………….. is injurious to health” in their advertising or packaging”. Also, the advertisement is

misleading by omission of an appropriate disclaimer/statutory warning.

7. Meeka Restaurants Private Limited (Nando’s Chicken): The statements in the advertisement, "Try

something you can grab with both hands" and "We don't mind if you go on to touch our buns, breasts

or thighs”, are sexually suggestive and objectifies female body parts, which is likely in the generally

prevailing standards of decency to cause grave and widespread offence.

8. Kellogg India P. Ltd. (Kelloggs Chocos Mascot in Chota Bheem): The advertisement’s claim,

“Kellogg’s chocos – Isse behetar kya ho sakta hai” implies that Kellogg’s Chocos is recommended as a

better food option and can be had several times. The advertisement hence contravened the

Guidelines on Advertising of Food and Beverages (Clause # 3 and #7 – (“Advertisements should not

disparage good dietary practice or the selection of options, such as fresh fruits and vegetables that

accepted dietary opinion recommends should form part of the normal diet”, “Advertisements for food

and beverages unless nutritionally designed as such should not be promoted or portrayed as meal

replacement.”).

9. Hindustan Unilever Ltd. (Knorr Classic Thick Tomato Soup): The advertisement’s claim, “Knorr

chefs have handpicked the best quality vegetables” was not substantiated and is misleading by

implication, given that the product is made on a mass production scale and not customized or

personalized.

10. GAIA Range of Health Foods and Nutritional Supplements: The advertisement’s claim, “GAIA’s

range of health foods and nutritional supplements helps boost your immunity to keep you healthy in

all weather conditions”, was not substantiated and is misleading.

E-COMMERCE 1. One Mobikwik Systems Pvt. Ltd. (Mobikwik Rs. 20 Cashback Offer): The advertisement’s claim, “Rs

20 cashback” was misleading by ambiguity and omission of complete disclaimer.

2. One Mobikwik Systems Pvt. Ltd. (Mobikwik) (Get Rs 500 Cashback): The advertisement’s claim,

“Pay via Mobikwik (Get Rs. 500 Cashback)” was misleading by ambiguity and omission of a qualifier.

3. Uber India (Uber Taxi Service – Distance Surcharge): The advertisement was misleading by

omission of the mention of applicable additional charges (i.e. distance surcharge) per trip along with

the fares on the website.

4. One97 Communications Limited (Paytm): The advertisement’s claim, “24/7” is misleading by

ambiguity and omission of the details of the specific services for which the claim is valid.

5. Astrologerad.com: The claims in the advertisement (in Gujarati) guaranteeing sure solutions for

problems such as infertility, marital discord, winning a lottery, were false and misleading by

exaggeration. The advertisement exploits the consumers’ lack of knowledge and is likely to lead to

grave or widespread disappointment in the minds of consumers.

6. Endurance Web Solutions Pvt. Ltd. (Hostgator.in): The advertisement’s claim, “Unlimited storage and bandwidth” was misleading by exaggeration. 7. Bankbazaar.com (Bhartiya Jan Dhan Credit Scheme): The advertisement of Bhartiya Jan Dhan

Credit Scheme was posing like a Government scheme and was misleading the consumers by ambiguity

and implication.

ADVERTISEMENTS DEPICTING AUTOMOTIVES 1. Nissan Motors India Pvt. Ltd. (Nissan Sunny): The scenes in advertisement showing the “driver speaking on the phone”, “vehicles coming from the wrong sides”, “car overtaking from the wrong side”, and the last scene of the “driver not wearing the seat belt”, shows / encourages dangerous / unsafe practices and manifests a disregard for safety. 2. Apollo Tyres Ltd. (Apollo Tyres for Scooters): The scene in the advertisement showing, albeit for a

short time, the “protagonist riding the scooter on the footpath to get ahead of the blocked traffic”,

shows / encourages an unsafe practice, and also portrays violation of Traffic Rules.

3. Hamilton Housewares Pvt. Ltd. (Milton i Fresh - 100% Leakproof Lunch Boxes): The advertisement

showcasing rash driving to demonstrate 100% Leakproof Lunch Boxes depicts speed and

manoeuvrability in a manner which encourages unsafe and reckless driving and manifests a disregard

for safety and encourages negligence.

4. Amazon.com Inc. (Amazon – Friendly Customer Service): The visual in advertisement, “a pillion

rider on a bike without a helmet” as depicted in the advertisement shows violation of traffic rules and

also is an unsafe practice.

EDUCATION The CCC found following claims in the advertisements by 4 different advertisers were not substantiated and, thus, violated ASCI Guidelines for Advertising of Educational Institutions. Hence complaints against these advertisements were UPHELD. 1. New Delhi Institute of Management: The advertisement’s claim, “A+++ with Average Salary in S2

Grade (Rs.5.0-Rs.9.9 Lakh)”, was not substantiated with evidence to prove that the individual students

were indeed given the salary offer. Further, the advertisement’s claim, “100% Finest Placements since

Inception”, was not substantiated with authentic data. In addition, the advertisement’s claim, “15th

Best Placements in India” was not substantiated with authentic comparative data. Also, the claims are

misleading by ambiguity in the absence of any disclaimers.

2. Test Cracker Education Private Limited (Test Cracker – CAT 2016 coaching): The advertisement’s

claims, “95 % Guarantee in CAT 2016”, “Srikant is the Bangalore topper in CAT 2015”, “Best Results

in CAT 2015” and “Ashank Dubey the best Quant faculty in India”, were not substantiated and are

misleading by exaggeration.

3. S.Tech Group of Education (S Tech I.T School): The advertisement’s claim, "No. 1 Biggest Campus",

was not substantiated and is misleading.

4. British Fort Foundation (British Institute): The advertisement’s claim, “Award in USA”, was not

substantiated and is misleading.

OTHERS 1. Reckitt Benckiser (India) Pvt. Ltd. (Mortein Insta5): As for the absence of the word “mosquitoes”

in the tagline of the advertisement of Mortein Insta5, the claim, "Relief from Dengue in just 5 minutes"

was misleading by ambiguity.

2. Pernod Ricard India P. Ltd. (Seagram’s Royal Stag): The advertiser did not provide the annual

market sales data of the product/service “Royal Stag Mega Music”, which was advertised. It was

concluded that the advertisement was a surrogate advertisement for a promotion of a liquor product

– Royal Stag.

3. M/S Whirpool of India Ltd. (Whirlpool 3D Cool Xtreme AC): The advertisement’s claim, “3 times

more powerful cooling” is proven in terms of air throw distance, but not in terms of speed of cooling

the room. The claim was not adequately substantiated and is misleading by ambiguity. Further, the

advertisement’s claim, “6th Sense Climate control” was not adequately substantiated and is

misleading by implication. The advertisement also claims, "cools the room instantly" which was not

substantiated and misleading by exaggeration. Also, the advertisement’s claim, “Health protection”

was not adequately substantiated and is misleading by implication.

4. Hindustan Unilever Ltd. (PureitUltima): The advertisement’s claim, “Oxyblast technology to

remove chemicals and pesticides on fruits and vegetables” was misleading by ambiguity and

implication as the best possible removal was 60% which would still leave a substantial residue. The

health effects of this residue were not tested nor claimed in the advertisement, but the pesticide

amount was only reduced not removed. Therefore, use of the word "remove" is incorrect.

5. Idea Cellular Ltd. (Idea 3G 900): The advertisement’s claims, “Jam free network” and “Adwiteeya

internet indoor coverage (second to none internet indoor coverage)”, were not substantiated by

comparative data of other service providers and were misleading by ambiguity.

6. Idea Cellular Ltd. (Idea 3G): The advertisement states, “Idea 3G” in Baharpur village where the 3G

service is not being offered was misleading by omission of an appropriate disclaimer. Also, the

advertisement exploits the consumers’ lack of knowledge and is likely to lead to grave or widespread

disappointment in the minds of consumers.

7. Reliance Industries Ltd. (Reliance Jio Infocomm): The advertisement’s claim, “Financial year 2016-

17 will be the first full year of commercial operations of its Reliance Jio”, is factually wrong and likely

to mislead the consumers as the advertiser has not started their commercial services.

8. Aircel Ltd. (Aircel): The advertisement’s claim, “RC 32 1.2p/2 sec STD+LOC 90 D”, was false and

misleading.

9. Suzuki Motorcycle India Pvt. Ltd. (Suzuki Gixxer): The advertisement’s claim, Suzuki Gixxer is “Most

Awarded Bike of the Year 2015-16”, with the picture of 19 awards shown at the bottom of the

advertisement, was false and misleading, as Suzuki Gixxerhas won only 6 awards in 2015-16.

10. HPL Electric and Power Limited (HPL GLO LED Bulb): The advertisement’s claim, “Low heat

generation”, was misleading by omission of mention of comparison to GLS/tungsten bulbs and by

implication of comparison with other lamps. Further, the claim, “90 percent energy saving”, was

misleading by omission of mention of comparison to GLS/tungsten bulbs. The advertisement also

claims, “30000 hours extra-long life”, which was not substantiated adequately and is misleading. Also,

the advertisement’s claim, “15 years life”, was not adequately substantiated.

11. Shwas Homes Pvt. Ltd: The advertisement’s claim, “Aluva Railway station & Metro station is just

a cigarette distance away" was not adequately substantiated and is misleading by ambiguity.

12. Sri Vedic Pratisthan (Rashi Bhagya Ratna): The advertisement’s claims, “If you possess RashiRatna

(5.25 ‘Rati’ RashiRatna) thousands of rupees, you can become quickly fortunate and receive

miraculous betterment, health, accomplishment and “Buy our talisman in just Rs.525/- and become

fortunate to get your wishes fulfilled. Be profited by using it for job, success in business, conquest of

enemy, dream marriage and love”, were not substantiated and are misleading by exaggeration. The

advertisement exploits the consumers’ lack of knowledge and is likely to lead to grave or widespread

disappointment in the minds of consumers.

13. Agarwal D2D Packers and Movers: The advertisement’s claim, “60% of the people in the country

shift through us”, was not substantiated and is misleading.

14. Flex Chemical Industries (Taj Reetha Detergent Powder): The claims in the advertisement (in

Hindi), “Washing Powder se Uni Kapde Sikood Jaate Hain aur keede lagne ka dar bhi”, “Toh Use karo

Taj Reetha Detergent, Is se na kapde sikde na kide lage”, were not substantiated and were misleading.

Also, the claim, “Washing Powder se Uni Kapde Sikood Jaate Hain aur keede lagne ka dar bhi”, unfairly

denigrated the entire class/category of Washing Detergent products.

15. Tata Motors Ltd. (Tata Signa): The advertisement’s claims, “Higher Productivity through improved

comfort and fleet utilization”, “Superior incab experience”, “Fleetman. Fleet telematics for higher

productivity. In-built telematics” and “Proven and reliable driving”, were not substantiated by

submission of claim support data as to how the advertised product is better as claimed. Also, the

claims were misleading by omission of a reference to the comparison being made.

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’. ASCI is the “Executive Arm” of the Department of Consumer Affairs handling all complaints pertaining to misleading advertisements. The Food Safety and Standards Authority of India has also partnered with ASCI to address misleading advertisements in the Food & Beverages 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. For further information, please contact: The Advertising Standards Council of India Shweta Purandare - Secretary General, ASCI: 91 22 2495 5070 / 91 9821162785 Ketchum Sampark Public Relations Pvt. Ltd Pritu Hait: 91 9987003160

The Advertising Standards Council of India