ASCI upholds complaints against advertisements of Procter & Gamble, Colgate-Palmolive, Novartis, Dabur, Patanjali Ayurved, Bharti Airtel, Reliance Communication, Lenskart.com, Amazon.com and Domino’s Pizza amongst many others...
The Advertising Standards Council of India (ASCI), a self-regulatory organization for the advertising industry has upheld complaints against 51 out of 98 advertisements. Out of 51 advertisements against which complaints were upheld, 16 belonged to the Personal and Healthcare category, followed by 19 advertisements in the Education category, 5 in Telecommunication and Broadband category and 11 advertisements from other categories. The list below is disappointing as some top and most respected corporates brands also figure on it...
HEALTH AND PERSONAL CARE
Procter & Gamble Home Products Ltd. (Pantene Shampoo): The claim of “New” in the advertisement of Pantene Shampoo is not qualified as per the ASCI Guidelines to elaborate that this refers to product upgrade. Thus, it was concluded that the advertisement is misleading by omission of this disclaimer.
Colgate-Palmolive (India) Ltd. (Colgate Sensitive Pro-Relief Enamel Repair): It was concluded that the advertisement’s claim in the voice over of “enamel repair” as well as the visual representation which indicate that the tooth enamel is restored to its original condition or is re-built, was not substantiated.
Novartis India Limited (Otrivin Nasal Spray): Otrivin is an OTC product containing Xylometazoline which could cause Atrophic Rhinitis if not used as directed. Aggressive advertising without providing information about the caution to be exercised can promote indiscriminate use of the product among the general public. It was noted that the package insert of the product has necessary caution statements; however, reference to any usage indication is absent in the advertisement. It was concluded that in the absence of a disclaimer, the TVC shows an unsafe practice without justifiable reason and encourages negligence.
Dabur (Dabur Odomos Mosquito Repellant): The claim in the advertisement, “It is clinically proven that Odomos offers the most effective outdoor defence against mosquitoes for as long as 12 hours”, that is presented in the context of protection of Dengue mosquitoes was not substantiated adequately.
Patanjali Ayurved Ltd (Patanjali Kesh Kanti): The claims in the advertisement, “World’s No.1 Ayurvedic Brand” and “100% charity from Profits” were not substantiated.
TELECOMMUNICATION & BROADBAND
Bharti Airtel Ltd. (Airtel 4G): In the absence of appropriate disclaimers, the claims made in the advertisements that “Airtel 4G is the fastest network ever” and “If your network is faster, we will pay your mobile bills for life”, are misleading by omission.
Reliance Communication (Reliance Pro 3): The website claims as well as the claims on the packaging of, "upto 14.7 Mbps and upto 5.7 Mbps", were not substantiated and in the absence of any disclaimer qualifying the conditions under which the claims were tenable, were misleading by exaggeration.
Bharti Airtel Ltd. (Airtel 4G): The claim, “Airtel Challenge, yehi hai sabse tez network”, is misleading by omission that the service referred to Airtel 4G.
Aircel Business Solutions Discount (Free Coupons): The Promotional SMS was viewed and the CCC concluded that it did not have any disclaimer of applicable “Terms and Conditions” and was therefore misleading by omission of reference to any other applicable charges.
Reliance Communication Ltd: The claim, “Get Upto 1 GB extra FREE on every 3G Data Recharge of Rs 197…” in the promotional SMS was not substantiated and was misleading.
OTHERS
IMG RELIANCE (Indian Super League): The visuals in the TVC, particularly the visuals showing the ball being thrown from an overbridge, a guy running on a parapet, children playing football amongst motorcycles and cars, children playing football on the pavement in the vicinity of people seated on chairs, encourage people to indulge in dangerous practices without justifiable reason. Regardless of the disclaimer, the TVC sends out a wrong message.
Lenskart.com: The claim in the TVC, “Lenskart give you first frame for free”, is false and misleading.
Amazon.com Inc. (Redragon M613 2.4GHz Wireless Mouse): The website communication claiming the MRP of the product as Rs.1400, when actually printed MRP on product pack is Rs.1100, which is being offered at a discounted price of Rs.899, distorts facts and is therefore misleading the consumers as to actual discount being offered.
Jubiliant Foodworks (Domino’s Pizza): The claim of “30 minutes or Free”, regardless of the disclaimer, is misleading by omission as the terms and conditions say that liability is limited to Rs. 300/-, and what the advertiser provides is Rs. 300/- price off but not a free product.
Pisces eServices Pvt Ltd. (Food Panda): The claim in the advertisement, “Upto 50% off”, is false and was not substantiated with evidence of customers who have availed this offer.
Telecomtalk.info: The claim, "TelecomTalk has grown to become one of India’s top 10 technology media portals with a wide range of readership”, was not substantiated. Also, the source and date of research for the claim is not mentioned in the advertisement.
Polycab Wires : The main theme of the TVC is focusing on “electricity saving by switching off running appliances” and does not refer to the “transmission losses”.The CCC concluded that the claim, “25% power saving” ("Pachis percent bijli ki bachat") is misleading by implication (i.e. it implies that your electricity bill will be less).
Vishnu Pouch Packaging : The visual presentation in the TVC showing the celebrity playing Holi with saffron (kesar) and the entire city enjoying the saffron rain, is grossly misleading by exaggeration. These visuals, seen in conjunction with the voiceover claim of “Daane Daane Mein Kesar ka Dum”, implies that the product has significant quantity of saffron as an ingredient, were considered to be misleading by implication. The claim, “Daane Daane Mein Kesar ka Dum”, was not substantiated with lab test reports confirming saffron content. Part of the supers in the TVC (“Not for minors. 0% Tobacco, No added Nicotine”) were not in the same language as the voice over of the TVC. This contravened the ASCI Guidelines on Supers.
Nirmal One Spirit (Nirmal Builders): The claim, “Will earn 12% ROI per annum”, is misleading by omission of a disclaimer qualifying the conditions under which the claim is tenable, and also that the rate of 12% is for a period of one year on down payment. The claim of “ROI” was considered to be false.
Jaypee Infratech Limited: The claim in the advertisement, “Wishes do come true” appearing with a checked mark against various projects implying that that the projects are completed, was not substantiated and was misleading.