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ASCI bans 67 of 141 ads complained including Uber, Paytm, Nissan, Amazon, Idea and others

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The Consumer Complaints Council (CCC) of the Advertising Standards Council of India (ASCI) has banned as many as 67 advertisements out of 141 complaints it received across segments during April 2016. Out of 67 advertisements against which complaints were upheld, 27 belonged to the Healthcare & Personal Care category, 10 in the Food & Beverages category, seven in the E-commerce Category, four depicting Automotive, followed by four in the Education category and 15 advertisements from other categories, ASCI said in a release.

Meanwhile, TVS Motors has dragged Bajaj Auto over a series of advertisement run by dealers of Bajaj in Tamil Nadu, says a report from the Times of India. This in interesting, since the matter related with advertisement is supposed to be handled by the industry self-regulating body, ASCI instead, the companies preferred to bypass it and reached High Court. When contacted, an official from ASCI said, “We do not comment on individual companies or complaints as a matter of policy.”
The Madras HC had issued a two-week interim injunction on the ad campaign run by dealers of Bajaj Auto in Tamil Nadu, the report says.

Coming back to banned ads in April, it includes some prominent companies like Colgate-Palmolive (India) Ltd (Colgate Herbal), Procter & Gamble Hygiene & Health Care Ltd (Pantene Shampoo), L’Oreal India Ltd (New Garnier White Complete Double Action Facewash), Hindustan Unilever Ltd (Rexona Roll On, Knorr Classic Thick Tomato Soup, PureitUltima), Patanjali Ayurved Ltd (Patanjali Dant Kanti, Patanjali Kachi Ghani Mustard Oil, Patanjali Fruit Juice, and Patanjali Dugdhamrut), Kellogg India P Ltd (Kelloggs Chocos Mascot in Chota Bheem), Uber India (Uber Taxi Service – Distance Surcharge), One97 Communications Ltd (Paytm), Nissan Motors India Pvt Ltd (Nissan Sunny), Apollo Tyres Ltd (Apollo Tyres for Scooters), Amazon.com Inc (Amazon- Friendly Customer Service), Reckitt Benckiser (India) Pvt Ltd (Mortein Insta5), Pernod Ricard India P Ltd (Seagram’s Royal Stag), Whirpool of India Ltd (Whirlpool 3D Cool Xtreme AC), and Idea Cellular Ltd (Idea 3G 900, Idea 3G) among others.
Here are the ads that were banned by ASCI during April 2016…

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. Vacuum 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 cataract 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. Whirlpool 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.
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