9 out of 14 Ads upheld in May'12: ASCI

During May 2012, the Consumer Complaints Council (CCC) of ASCI, upheld complaints against 9 out of 14 advertisements. At the same time, the CCC found that complaints against five TV advertisements were not substantiated.

 

Brooke Bond Red Label Natural Care Tea. According to the complainant, the advertisement claimed that the product “has a scientifically proven combination of five ayurvedic ingredients like tulsi, ashwagandha, mulethi, ginger and cardamom to strengthen your body’s defence”, “It helps to protect you and your family from cold, cough and flu”, “It is clinically shown that drinking three cups of Brooke Bond Red Label Natural Care daily helps enhance one’s immunity”. The CCC concluded that the claims that Brooke Bond Red Label Natural Care “helps to protect you and your family from cold, cough and flu”, and “drinking three cups daily helps enhance one’s immunity”, were not substantiated adequately.  The advertisement contravened Chapter I.1 of the Code.  The complaint was UPHELD

 

“IMS – Score more at BBA / BBS”. The advertisement that appeared on its website claimed that “143 IMS students got selected into SSCBS in the year 2011”. The  advertisement shows a “bar chart showing selection of IMS students into SSCBS over the years 2008 to 2011”.The CCC concluded that, in the absence of validation by an independent agency / Chartered Accountant, the claims mentioned in the  advertisement and cited in the complaint, were not substantiated.  The advertisement contravened Chapter I.1 of the Code.  The complaint was UPHELD.

 

“Tata Sky’s” print advertisement which appeared in The Hindu, Chennai edition dated 30th March 2012 was complained against. As per the complaint, the advertisement states that “Cable is just a Dabba” meaning non standard or poor quality box, which is not the fact.  The CCC concluded that “by referring the Cable Set up Boxes as dabba”, the advertisement unfairly denigrates other products.  The advertisement contravened Chapter IV.1 (e) of the Code.  The complaint was UPHELD.

 

 “Lokmat – No. 1 Newspaper” advertisement claimed that “Lokmat has added 65,000 readers in SEC A segment in Pune”. They have not mentioned the period over which this growth has been attained, which in itself is misleading.  As per IRS 2011 Q4, in the last quarter Lokmat has added only 5000 SEC A readers in Pune city. The CCC concluded that the claim, “Lokmat has added 65,000 readers in SEC A segment in Pune”, was misleading, as the advertisement did not mention the reference period pertaining to the source data.  The advertisement contravened Chapter I.4. of the ASCI Code.  The complaint was UPHELD.

 

“Glenmorangie”’s  print advertisement which appeared in Conde Nast India P. Ltd in the February 2012 issue was complained against. The advertisement states, “Why is it so important that we only use our casks twice?  Taste Glenmorangie and the question becomes rhetorical”.  The visual depiction of the brand name is suggestive of a well-known brand of liquor– Glenmorangie. In the absence of specific information, the advertisement appears to be a surrogate advertisement for Glenmorangie. The CCC concluded that the advertisement was a surrogate advertisement for a brand of alcohol– Glenmorangie.  The advertisement contravened Chapter III.6 of the Code.  The complaint was UPHELD.

Alchemist’s claim of “India’s most successful MBA prep” was pulled up too. It has not been backed up and substantiated and there is no validation / check by any independent agency that confirms this claim. In the absence of any proof, supporting information, from the Advertiser, the CCC concluded that the claim, “India’s Most Successful MBA Prep” was not substantiated.  The advertisement contravened Chapter I.1 of the Code.  The complaint was UPHELD.

 

SHREE MARUTI HERBAL’s print advertisement on “Maruti Stay –On Capsules & Oil” was complained against for claiming it “helps improve vitality, stamina and energy”.  The website also claims “Stay-On guarantees – “Sexual performance of adults in all age groups”,  “Rectifying temporary / partial / occasional or permanent  erectile dysfunction”,  “Increasing the extent of orgasm”,  “Augmenting libido”,  “Increasing the lengh & size of penis”,  “Mending premature (early & sudden) ejaculation”,  “Enhancing vitality, vigor and stamina”,  “Stay-On is 100% natural with no side effects.  It is a totally secure tested product”. The claims in the print advertisement and on the website are not substantiated.  The advertisement and the website do not provide any scientific data related to the safety and efficacy of the product. The CCC concluded that the claim, “helps improve vitality, stamina and energy”, was not substantiated.  The advertisement contravened The Drugs & Magic Remedies Act.  Also, the advertisement tends to create by implication, a perceived inadequacy of physical attributes, in this case the impotence and infertility, which could be objectionable to both men and women.  The advertisement contravened Chapters I.1, III.4 and I.5 (d) of the ASCI Code. The complaint was UPHELD.

 

“Jake’s Beauty-Spa-Salon & Academy” received a complaint related to its design and copy. It is similar to the Complainant’s advertisement of “Schnell Hans Salon Spa & Academy”. The CCC noted the contents of the Complainant’s and the Advertiser’s advertisements and concluded that the headline, “Your Passport to Success”, was similar to the Complainant’s advertisement and thus suggested plagiarism.  The advertisement contravened Chapter IV.3 of the Code.  The complaint was UPHELD.

 

“Nikon camera’s”. According to the complainant, the TV commercial required permission from the Animal Welfare Board of India (AWBI) for the use of birds in advertisement or films.  In the application by Nikon, permission was asked for four sparrows to be shown in their natural habitat with a girl playing and passing through. In reality, the birds turned out to be cockatiels which are being used as toys by the girl and perch on her shoulders among other things. The CCC concluded that as the requisite permission was not received from the AWBI to shoot cockatiels in the TVC, it was in violation of The Performing Animals Registration Rules 2001.  The advertisement contravened Chapter III.4 of the Code.  The complaint was UPHELD.

 

During the month of May, the CCC also received complaints against five television commercials. The complaints were received against the advertisement of “Midas Care’s Clean & Dry cream, “Sprite Cold drink”“Emami’s Fair & Handsome for Men”, “Gillette Mach 3”and“Extra Strong Axe” . However, as these advertisements did not contravene ASCI’s codes or guidelines, the complaints were NOT UPHELD.