Key Highlights:
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
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.
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.
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.
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.
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.
FOOD & BEVERAGES
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.
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.
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.
E-COMMERCE
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.
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.
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.
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
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.
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.
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.
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
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.
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.
S.Tech Group of Education (S Tech I.T School): The advertisement’s claim, “No. 1 Biggest Campus”, was not substantiated and is misleading.
British Fort Foundation (British Institute): The advertisement’s claim, “Award in USA”, was not substantiated and is misleading.