Mumbai : ASCI’s Consumer Complaints Council (CCC) upheld complaints against 152 out of 209 advertisements. Out of 152 advertisements against which complaints were upheld, 27 belonged to the Healthcare category, 66 to the Education category, followed by 17 in the Food & Beverages category, 10 in Personal Care Category, 5 in clothing and accessories category and 27advertisements from other categories.
HEALTH CARE:
The CCC found the following claims of 27 advertisements in health care products or services 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.
Rajvaidya Shital Prasad & Sons (Hempushpa): The advertisement’s claim (in Hindi), “No. 1 Medicine and Tonic trusted of crores of women since 90 years”, was not substantiated with supporting proof, and is misleading by exaggeration. They also claim, “Women Health Issues? Treat it from the Roots” which was not substantiated with evidence of product efficacy, and is misleading.
Olefia Biopharma Limited (Votif Range of Products): The advertisement’s claims (in Hindi), as translated into English, “The lack of sexual desire”, “Premature ejaculation & nightfall”, “Scanty & thin semen”, “Swelling on nerves & lack of strength”, “Low sperm count & their weakness”, “Incomplete development of organs”, “Inability to complete the act of Fertility”, “Sagging of organ due to old age”, were not substantiated with evidence of product efficacy, and are misleading. In addition, specific to the claims implying treatment for all sexual problems, and the claims, “The lack of sexual desire”, “Premature ejaculation & nightfall”, “Inability to complete the act of Fertility”, “Decrease in Erection”, read in conjunction with the advertisement visual implies that the product is meant for enhancement of sexual pleasure and is in breach of the law as it violated The Drugs & Magic Remedies Act.
Chetanta (Get Diabetes cured by acupressure Spring): The advertisement’s claims (in Gujarati), as translated into English, “Diabetes expert Dr. Chetan Daswani has treated innumerable patients and they have benefited from it. Dr.Daswani cures the disease of diabetes without giving any medicine, injection, and tablet. He has done this successful research”, were not substantiated with data to prove qualifications of Dr. Chetan Daswani as a diabetes expert, clinical evidence to support treatment without medicine and are grossly misleading. Also, specific to the claims related to treatment for Diabetes, the advertisement is in breach of the law as it violated The Drugs & Magic Remedies Act.
DHI-Hair Restoration: The advertisement’s claims, “World’s No. 1 Hair Restoration Company”, “Offers solution to all stages of hair loss”, “200,000 delighted clients”, “120 procedures every day”, were not substantiated with supporting proof, and are misleading. Further the claim, “Ranked no. 1 by IMRB”, was not substantiated. The parameter on which it was ranked No.1 was not made available. Also, the date and source for this claim as a reference was not indicated in the advertisement, and is misleading by ambiguity.
Jay Pranav Ayurvedic Pharmaceuticals (Body Plus Capsules): The advertisement’s claims (in Hindi), as translated into English, “Increase Appetite”and “Gain Weight”, were not substantiated with proof of efficacy of the product and any clinical evidence and are misleading.
Shri Ram Hospital:The advertisement’s claim (in Hindi), as translated into English, “Successful Treatment of Piles, Fissure, Fistula”, was not substantiated with clinical evidence, and is misleading. Also, specific to the claims related to successful 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.
Chetan Clinic: The advertisement’s claims (in Hindi), as translated into English, “Sex Problems? Get Successful Treatment with Ayurvedic Medicines”, was not substantiated with clinical data and is misleading. Also, specific to the claims related to successful treatment for sex problems and the claims, “Sex Problems? Get Successful Treatment with Ayurvedic Medicines” and “Now You too can Enjoy Married Life to your Heart’s Content”, read in conjunction with the advertisement visual implies enhancement of sexual pleasure, which is in breach of the law as it violated The Drugs & Magic Remedies Act.
AnupamaAyurvedic Drug Co. (Arish Tanclear Range):The advertisement’s claim, “India’s most trusted brand”, was not substantiated with comparative data versus other similar brands in the same category. The claim is not qualified to mention the source and date of research and criteria for assessment for the claim made. Also, the claim is misleading by ambiguity and omission.
Nurture Health Care (Ayurex S Capsule): The advertisement’s claims (in Hindi), as translated into English, “For Men Only”, “Vitality Capsules”, “Difference Guaranteed” and “In the Times of Happiness for Extra Pleasure”, were not substantiated with product efficacy data and are misleading. Also, these claims related to the product benefit read in conjunction with the advertisement visual imply 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.
Divine Care: The advertisement of Divine Careclaims, “Permanent End to Pain” and “No pain, No Surgery, No Diet, No Side Effect”, were not substantiated with clinical evidence, and are misleading.
Zenlabs Ethics (Zenovit Soft Gel): The advertisement’s claims, “No 1 brand in its category”, was not substantiated with comparative data versus other similar brands in the same category or any third party validation or research to prove this claim. The claim is not qualified to mention the source and date of research and criteria for assessment for the claim made. Also, the claim is misleading by ambiguity and omission.
Jippo African Capsule and African Oil: The advertisement’s claims (in Hindi), as translated into English, “100% Ayurvedic, No Side Effects”, “100% Satisfaction Guaranteed”, “Men can use capsule and oil for better results” and “Amateurs can also use and see effects”, were not substantiated with product efficacy data and are misleading. Also, these claims related to the product benefit read in conjunction with the advertisement visual and the 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.
Dr.Bhavana Shah Fitness Care Pvt. Ltd. (Fat Freeze): The advertisement’s claims, “World’s Best Waist Reduction Treatment” and “Latest and Fastest Technology”, were not substantiated and are misleading by exaggeration.
Kerni Fitness Pvt Ltd (Fitness Universe):The advertisement’s claims, “We offer a complete range of powders, capsules, bars, and drinks. These clinically proven, scientific nutritional supplements are developed through a six-stage research process that utilizer the expertise of leading nutritional scientists, doctors and universities”, were not substantiated with technical data, evidence of the six stage research process as well clinical research and are misleading.
Amba Health Clinic: The advertisement’s claims (in Hindi) as translated into English, “Treatment to gain Weight”,“Stayed Development”,“Increase height or get your money back”,“Sure-shot Treatment of piles”,“Effective from the beginning, get cured in 60-90 Days”,“Nightfall, Premature Ejaculation, Sexual weakness in Men”,“Masturbation, Penis Disorders, Weakness in Nerves”, “You can get rid of loose thin and crooked Penis”, “Itchiness in your sexual Organs”,“Low Sperm Count”,“Ovarian Cyst”,“Leucorrhoea White Discharge”,“Sagging of Sexual Organs”,“Lack of Sexual Desire”,“Irregular Periods”, “Make you small loose underdeveloped chest into a shapely, beautiful and attractive one”,“Enhance your Feminity” and “Improve Husband Wife Relationship”, were not substantiated with clinical evidence, and are misleading. In addition, specific to the claims related to increase in height, and treatment for sexual diseases, the advertisement is in breach of the law as it violated The Drugs & Magic Remedies Act, 1954. As for the claims related to 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.
Mohak Bariatrics and Robotics: The advertisement’s claims (in Hindi) as translated into English, “Indore Becomes the country’s Number 1 City for Freedom from Obesity”, “Created a New Record in surgery of Obesity” and “Research Consultant Team from TOI announced Mohak Bariatrics and Robotics to be Country’s Best Centre”, were not substantiated with supporting evidence, and are misleading by exaggeration.
Rex Remedies Pvt Ltd (Rex Dimaghi Brain Tonic): The advertisement’s claim (in Urdu) as translated into English, “Increases the memory, Gives Success”, was not substantiated with evidence of product efficacy, and is misleading by exaggeration.
German Homeo Laboratories Pvt. Ltd. (German Homeo Laboratory): The advertisement’s claims (in Bengali) as translated into English, “Don’t be upset, without side-effect use homeo treatment” and “Our Speciality Treatment – Lack of Sex Desire, Arthritis, Piles, Fistula, White Patches, Psoriasis, Sterile, Women’s Problem, Obesity, Gastric Blood Pressure”, were not substantiated with clinical evidence, and are misleading. Specific to the claims related to treatment for sexual problems, with the headline “Unhappy married life/ unsuccessful married life” and the visual implying enhancement of sexual pleasure, the advertisement is in breach of the law as it violated The Drugs & Magic Remedies Act, 1954.
Women’s Centre: The advertisement’s claims, “Comprehensive Women’s Hospital of the Year (South India)” is based on the award given by Brands Academy. However, there was a mismatch of the claim and the text in the award certificate which mentions “Best Dedicated Women’s Hospital in South India”. Hence the claim is was not substantiated and is misleading by ambiguity and omission. Further for the claim, “Asia Pacific’s Only Fibroid Centre” is based on the award given by Insightec. However, no details were provided for the background of the survey crit
