Advertising Standards Council of India (ASCI)
Health-Related Decisions and Recommendations
The Advertising Standards Council of India (ASCI) is a voluntary, self-regulatory organization for India's advertising industry. The council and its Consumer Complaints Council (CCC) evaluate complaints from consumers and industry which assert that advertisements are false, misleading, indecent, illegal, leading to unsafe practices, and/or or unfair to competition, and therefore violate the ASCI Code for Self-Regulation in Advertising. In January 2016 ,the complaints that were upheld against health-related claims included:
- Bavishi Fertility Institute (100% guarantee in IVF): The advertisement's claim, "100% Money Back Guarantee," was not substantiated by providing details of the money back package plans and the workings of how the entire treatment expenses are refunded. Also, the headline claim, "Ab koi Nisanthan na rahe," when read in conjunction with the claim of "100% money back guarantee," appears to be false and misleading in absence of declaration of the failure rates of the procedure and the need for multiple attempts for success. It was further concluded that the headline "Ab koi Nisanthan na rahe" is misleading and implies guaranteed cure for infertility, which is in breach of the law as it violates the Drugs & Magic Remedies Act.
- Dabur India Ltd. (Dabur Chyawanprash): The claim in the advertisement, "eating Chyawanprash will protect us from pollution by building immunity," was not adequately substantiated. Also, though the TVC was in Hindi, the voiceover/supers were in English. The TVC contravened Chapter I.1 of ASCI Code and ASCI Guidelines on Supers.
- Dabur India Ltd. (Dabur Vatika Enriched Coconut Oil): The claims in the advertisement, "Vatika Enriched Coconut Hair Oil provides body & radiance while taking care of the critical balance of nutrients. Unlike ordinary coconut oil, Vatika's coconut oil is enriched with the goodness of 8 timetested herbs. They work magic on your hair, giving your hair & scalp complete nourishment for that problem free, healthy crowning glory." were not adequately substantiated with product and ingredient specific data.
- Dr. Reddy's Laboratories Ltd. (Hairootz): The claim in the advertisement "your hair is starving" was not substantiated and no product efficacy data was submitted to demonstrate how the advertised product nourishes hair. Further, the advertisement claims "Minerals to keep brittle and greying hair nourished," "20 x more effective anti-oxidants derived from grapeseed extracts". There was no rationale provided for choosing the particular product composition. Thus, the claims were considered to be misleading by ambiguity and implication. In addition, the claim "Dermatologist recommended brand" appearing on pack visual was not substantiated.
- Emami Ltd. (Kesh King Ayurvedic Medicinal Oil): The claim in the advertisement, "Bejod upaay" as translated in English, "Unmatched solution" was not substantiated with clinical evidence of the product—especially for the claim related to premature greying of hair. This claim, when read in conjunction with the claim, "complete care" implies total cure for hair problems which was misleading.
- FutureValue Products Pvt. Ltd. (Dr. Back Orthopedic Mattress): The claim in the advertisement, "Dr. Back Orthopedic Mattress cures back ache" was not substantiated and in absence of this data, the advertisement was considered to be misleading by ambiguity.
- Jivo Wellness Pvt. Ltd. (Jivo Canola Oils): The claims in the print advertisement, "Approximately 4 people may be dying per minute because of heart problem and 2 people every minute of diabetes. Surely YOU do not want to be one among 66.8 Million diabetes patients in India" "Let your head be where your heart is . . . in the lap of CANOLA HEALTH" "Make no compromise when it comes to health of yourself and family" "Bring the world's most preferred and Healthiest Choice—Canola Oil in your kitchen" "A slight Lifestyle modification can save you from so many health problems" "Why Canola Oil is a better choice as your cooking oil" "In United States, Canola is the second most consumed oil," "In Canada, over 70% of the population uses nothing but Canola," "In Japan, over 50% of the population swears by Canola" were not substantiated and were misleading by exaggeration and implication. Further, the website claims "Heart Smart," "Boost Memory," "Effective in diabetes," "Reduce Belly Fat," "Effective On Cancer," "Rejuvenate Joints," "Reduce High B.P." were not substantiated and were misleading by exaggeration and implication.
- Kunnath Pharmaceuticals (Musli Power X-tra): The claim in the advertisement, "To boost immunity," was not substantiated.
- Mosons Extractions Pvt. Ltd. (Indulekha Bringha Oil): The claims, "Indulekha Bringha Oil or simply Bringha oil is complete ayurvedic hair oil to all modern day hair problems. In Ayurveda hair care involves two stages. Kesapadasamanam (Hair fall reduction), Kesavardhanam (Stimulate new hair growth). There are specific herbs and natural elements that are prescribed in Ayurveda to prevent hair fall and promote new hair growth," were not substantiated.
- Patanjali Ayurved Limited (Youvan Gold Plus): The claims on pack of Youvan Gold Plus, "An authentic powder booster Ayurvedic Medicine useful in physical & sexual weakness which improves libido, vigour & vitality, sexual power. Keeps you always healthy, energetic & gives you total satisfaction of married life," were not substantiated and imply that the product is meant for enhancement of sexual pleasure, which is in breach of the law as it violates the Drugs & Magic Remedies Act.
- Patanjali Ayurved Ltd. (Patanjali Pure Cow's Ghee): The reference to "Keratin" content in Cow's milk" in the advertisement was found to be an error. The word Keratin was used instead of "Carotene" and the claim "Scientific fact: Cow's milk contains Keratin" was incorrect.
- Rajasthan Aushdhalaya Pvt. Ltd. (Dr. Relaxi Oil & Capsule): The claims in the advertisement, "Prescribed by thousands of Doctors," "The only remedy for joint pains" and "Largest selling medicine for joint pains," were not substantiated.
- Rajnish Hot Deals Pvt. Ltd. (Play Win Capsule): The claim in the advertisement regarding enhancement of sexual capability read in conjunction with the visuals (including the pack shot), is in breach of the law as it violates the Drugs & Magic Remedies Act.
- Shree Baidyanath Ayurved Bhawan Pvt. Ltd. (Rheumartho Gold Plus Capsules): The claims in the advertisement, "Gold Bhasma is the most powerful & effective ingredient for Chronic Pain Management" and "It has been widely accepted in the Western World for Modern Medicine," were not substantiated.
- Uttam Dawakhana: The claim in the advertisement (in Hindi), as translated into English, "with Vanaspati oil and unaniraambaan medicines, 100% satisfaction of sexual problems," was not substantiated. Also, specific to the claims implying treatment for sexual problems, and advertisement visual implying enhancement of sexual pleasure, the advertisement is in breach of the law as it violates the Drugs & Magic Remedies Act.
This page was posted on January 23, 2017