ASCI gets advertisers to fall in line

The Advertising Standards Council of India (ASCI), a body that promotes self regulation in advertising, has released its report for the period January-March 2008, on ads that were either modified or withdrawn.

The ASCI report shows that of a total of 35 advertisements that were put up for review, eight have been withdrawn by the advertisers, seven have been modified, while one was a special case. Another seven were upheld by the Consumer Complaint Council (CCC), citing due assurance against the complaint, while a dozen were not upheld by the CCC.

Advertisements withdrawn:

Print category:

Axis Bank Ltd - Quick and Easy Personal Loans: The ad was printed on their national bill mail service envelope, showcasing a parakeet picking up a fortune card with the tagline, 'Your wishes are now fulfilled within 48 hours'.

According to CCC, parakeets are protected under the Wildlife (Protection) Act 1972 as well as under Performing Animals (Registration) Rules, 2001, and the visual violated the Acts. Consequently, the advertiser provided an assurance that the creative would not be used in any of its advertising.

Alapatt Jewellers (16 Gold and Certified Diamonds): The ad published in Malayalam (translated in English) stated, "916 purity should be there not only in the advertisement but also in the gold ornament, without hall marking there is no purity and will not get good price when exchanged, whole-sellers jewellery that you get at 1 per cent or 2 per cent making charge discount will have less value when exchanged".

The CCC decided that the advertisement was misleading, and hence it was withdrawn.

Dabur India Ltd (Sani Fresh Thick Toilet Cleaner): This ad was done by O&M, and had appeared in 'Good Housekeeping' (January 2008 issue) magazine, with an tag line 'SaniFesh Thick. The secret of my shiny, silky hair'.

The CCC agreed with complaint saying that the tag line was likely to be misconstrued as an advertisement for a hair shampoo, and not a toilet cleaner. The ad was withdrawn.

Kent RO Systems Pvt Ltd (Kent Water Softener): The ad appeared in Hindustan Times (January 10, 2008), claiming, 'Not only it smoothened skin and prevented hair loss, but it also enhanced the lather formation…'.

The CCC agreed with the complaint that the ad of Kent Water Softener was not substantiated with supporting technical information and test/trail reports, and the ad has been withdrawn.

Digital category:

Hyundai Motors India Ltd. (Hyundai Verna): The ad appeared on the company website, stating 'Hyundai Verna diesel variant "CRDI VGT" has a fuel economy of 32.8 kmpl' (kilometres per litre).

The complaint was that the vehicle never measured a fuel economy of over 11 kmpl. Consequently, the CCC decided that the exparte's claim was unsubstantiated, and the ad was discontinued.

Trent Ltd (Sisley Fall Winter Collection 07): The ad appeared as a promotional email with the headline, "You'll melt once inside", while a visual showed a woman in a seductive pose.

The CCC agreed that the visual depiction was likely to cause widespread offence, and the ad was withdrawn.

Television category:

Godrej Sara Lee Ltd (Good Knight Maha Jumbo Mosquito Coil): The television commercial was aired on Zee Marathi (January 14, 2008), claiming, 'Jitki sugandhi, titkich prabhavi (As fragrant as it is effective)'. The accompanying visual showed a model inhaling the so-called fragrant vapours.

The CCC agreed with the complaint that the visual depiction showed a dangerous practice, without justifiable reason. The advertiser has the verbally informed that the commercial is off air, though a written confirmation is awaited.

Parle Agro Pvt Ltd (Mintrox Mint): The ad was aired on Star Cricket (January 25, 2008), wherein a convict lands up in a mental hospital and the jailor teases the convict. A mental hospital was shown in the background and some inmates were shown in a poor light.

The CCC agreed that the insensitive portrayal of the mentally challenged in the advertisement was likely to cause grave or widespread offence, and the television commercial was withdrawn.

Advertisements modified:

Print category:

Haier Appliances (India) Pvt Ltd (Haier ACs): The ad appeared in The Times Of India (April 27, 2007) claiming that Haier air conditioners saved power up to 51 per cent, offered 'future comfort technology, superior air conditioning, refresh function, intelligent air flow, 4-stage air filter, revolutionary digital DC inverter technology, super ioniser and healthy UV ray generator'.

The CCC decided to go with the complaint, as the claims made in the ad were not substantiated, and the advertisement has been modified.

NaiDunia (NaiDunia is No. 1 again in Indore city): Two leading publication houses carried the ad in their respective issues dated December 17-23, 2007 and December 16-31, 2007, with source mentioned as 'As per private survey, NaiDunia is the most preferred newspaper of Indore'.

The CCC decided that NaiDunia's claim was not substantiated, which was evident from the surveys conducted by IRS and NRS. The advertiser has assured an appropriate modification of the ad.

Kinetic Engineering Ltd (Kinetic SYM Flyte):Kinetic's agency Publicis Ambience came up with an ad which claimed 'It's made by the two companies that know scooters best - Kinetic and SYM, Europe's fastest growing two-wheeler company. Largest 2 level storage, our confidence, 3 years warranty' for the first 10,000 customers only, and 4-in-1 magnetic key for initial customer only.

The CCC said that the claims and the initial customer offer were both not substantiated, and were misleading by ambiguity. The advertisers have assured modification of the ad with immediate effect.

Garware Polyester Ltd (Garware Suncontrol Window Film): The ad appeared in 'Auto India' (January 2008 issue), claimed, claiming 'A non-fading dyed film, unlike imported coated film, which fades in three months, clear distorted free view, no peeling or bubbling of film, best film for Indian conditions, exported to more than 50 countries, including USA, UK, Australia and Japan, and No. 1 brand in India'.

The CCC questioned the claims and found the claim of 'Up to 5 years' warranty' as misleading by ambiguity. The advertiser has assured modification of the ad.

Belle Aarogya Biotech Pvt Ltd (Elevation-Remedy for Breast Care): The ad appeared in HT City (January 15, 2008), claiming that extensive research by qualified and eminent medical experts made elevation a path breaking remedy for breast care, 'extensive trails result 92 per cent satisfaction for age 20-50 years, elevation is widely accepted by doctors for breast care'.

The CCC stated that the ad was misleading, contravened the provisions of The Drugs & Magic Remedies (Objectionable Advertisement) Act, 1954. The ad was modified.

Trinity Health Clinic: The ad appeared in Mumbai Mirror (February 6, 2008) claiming 'natural and permanent hair growth within 30-40 days'.

The CCC decided that the advertiser should provide proof, supporting technical information, and details of tests/ trails conducted. This ad has been modified.

Television category:

Reckitt Benckiser (India) Ltd for Dettol Soap: The television commercial was aired on Zee Marathi (August 28, 2007 and December 20, 2007) and implied that for elimination of organisms that caused cough and cold, Dettol should be used, as it 'eliminates the organisms ten times faster than other soaps'.

The commercial also stated, "IMA has approved Dettol and elimination of organisms that cause gastrointestinal diseases'. The CCC was of the view that these were unsubstantiated claims, and the advertiser has assured appropriate modification.

Special Case:

There was one special case, wherein ING Vysya Life Insurance Company Ltd had a television commercial done by their creative agency Rediffusion DYR, which was aired on January 2008 on Star Plus.

The ad stated, while showing a new father holding his baby daughter: 'Dikhne mein to pyaari hai, yeh khushiyan thodi bhaari hai'.

The ad when viewed as a whole portrayed avoidable gender insensitivity. However, at the time when the complaint was made, the advertiser informed that the campaign ended in February 2008.

Complaints upheld by the CCC:

Apart from these, there were seven ads against whom complaints were upheld by the CCC as the assurance of compliance from the advertisers and ad agencies was still awaited.

These include

HT Media Ltd (Mint –No. 2 business daily in Mumbai and Delhi)

Pernod Ricard India Pvt Ltd (Seagram's Blenders Pride, agency O&M)

Anchor Health & Beauty Care Pvt Ltd (Anchor Toothpaste)

Spaceage Multiproducts Pvt Ltd (Morning Walker)

Flair Pen & Plastic Industries (Flair Armstrong Ball Point Pen)

The Institute of Computer Accountants (The ICA Advantage)

Videocon Industries Ltd (Videocon Consumer Durables)