Advertising Standards Council of India (ASCI) Health-Related Decisions and Recommendations, November 2012


January 26, 2017

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 March and April, the complaints that were upheld against health-related claims included:

  • AMRA Remedies Ltd – Elavo Toilet Seat Sanitizer Spray: As per the complaint, the advertisement claims, “Spray Elavo on toilet seat and enjoy a 99.9% safe toilet experience in just 5 seconds”. This claim needs to be substantiated with proof and efficacy, research data along with other appropriate support data. The claim, “Spray Elavo on toilet seat and enjoy a 99.9% safe toilet experience” was substantiated. This complaint was not upheld. In the absence of data proving its “effectiveness in just 5 seconds” this complaint was upheld as the advertisement contravened Chapter I.1 of the Code.
  • Emami Limited – Himani Sona Chandi Chyawanprash: As per the complaint, the claims “Take Himani Sona Chandi Chyawanprash every day for a strong body and razor sharp mind,” “Gold removes toxins to boost immunity power,” “Silver activates neurons to enhance memory and concentration,” “51 rare herbs protect from weather changes, pollution and general illness”. Advertiser should provide supporting technical submission, details of tests/trials conducted, with comparative data, in substantiation of these claims. The CCC concluded that the claims mentioned in the advertisement and cited in the complaint were inadequately substantiated. The advertisement contravened Chapter I.1 of the Code.
  • Luminous – Livepure RO: As per the complaint, the TVC states that proposition that Kent provides “Duniya Ka Sabse Shudh Pani”. This has been carried out in all their communication material since 2011 consistently. This is a blatant copy of the same proposition and a gross violation of Kent Water Purifier’s brand property. The CCC concluded that the tagline of Livpure advertisement contravened Chapter IV.3 of the Code. The advertiser has subsequently modified the advertisement.
  • Maruti Herbal – Stay-On Capsules: As per the complaint, the advertiser claims that, Stay – On Cap & Oil contains ginseng, shilajit, salampanja, valuable herbs and bhasmas that keep you energetic and powerful and makes you muscular. These claims need to be substantiated with proof of efficacy along with the appropriate supporting data. The CCC concluded that the claims mentioned in the advertisement and cited in the complaint were not substantiated. Also, the advertisement violated The Drugs & Magic Remedies Act. The advertisement contravened Chapters I.1 and III.4 of the Code.
  • Silvermaple Healthcare Services – Direct Hair Implantation: As per the complaint, the advertisement headline states, “No one gets you your hair back like DHI”. Also, the advertisement claims that DHI “is the best hair restoration treatment in the world with Total Care System” .These claims need to be substantiated with statistical and other necessary data. In the absence of scientific data from the advertiser, the CCC concluded that the claims mentioned in the advertisement and cited in the complaint were not substantiated. The advertisement contravened Chapter I.1 of the Code