Advertising Standards Council of India (ASCI) Health-Related Decisions and Recommendations, March 2014


February 4, 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, the complaints that were upheld against health-related claims included:

    • Aadri Ayurveda: Energy Vardhak claims that it is the ‘only solution which provides new energy if someone has less desire for sex. It cures other problems like masculine weakness, less sperms & guarantees happiness in married life,’ They are 100% ayurvedic capsules. Visual implies product meant to enhance sexual pleasure.

 

    • Arogya Amrit Sansthan: Madhumeh Arogya Amrut claims that it is ‘effective in 15-20 days’, ‘controls BP’, ‘blood sugar level gets balanced’, ‘saves you from kidney problems’, ‘diabetes goes away and doesn’t come back,’ The advertisement claims that the product ‘Amrit Ras’ is for cure, mitigation, treatment or prevention of diabetes in human beings.

 

    • Bhagwati Ayurved Private Limited: Bhagwati Constop claims that ‘HIV- AIDS is no more incurable. Bhagwati Constop is a sureshot Ayurvedic Medicine for AIDS. It destroys HIV virus, increases CD4 cells,’

 

    • Cadbury India Ltd: Cadbury 5 star advertisement shows ‘a lady giving birth to a baby who is laughing. The voiceover says that the babies used to be laughing while being born in earlier days and later they started crying at childbirth due to a disease called seriousness. So eat 5 star to become jovial again.’ The CCC concluded that the frames in the TVC showing the process of child birth are gross and offensive. The advertisement contravened Chapter II of the Code. This advertisement received 21 such complaints against it.

 

    • Deemark Health Care Private Limited – Deemark Quit Addiction claims that ‘Now addiction towards intoxication won’t remain because Deemark has brought an Ayurvedic medicine, ‘Quit Addiction,’ Quit Addiction is an ayurvedic medicine which is formulated to refrain from addictions. Quit Addiction is effective to refrain from any type of addiction without any side effect.’

 

    • Dr Paul’s Multispeciality Clinic Private Limited: Claims that HAIR FAST is the first treatment in the world, researched and developed to secure the fastest hair regrowth irrespective of the hair loss caused by regulating proper hormone level and providing balanced hair nutrition in a perfect combination cyclically, where no ingredients interfere with the action of any other. This ensures the efficiency of biological & metabolic processes which convert hair roots from fall phase to growth phase. Hair fast has no adverse side effects. Results are even faster when combined with HAIR GF Therapy (HAIR GFT).

 

    • Dr. Lama Ayurved: Claims about a ‘sure treatment of psoriasis, leucoderma.’

 

    • Dukhbhanjan Dawakhana: They are making various claims like ‘get rid of afim, alcohol and other addictions, make health, reduce weight, increase height, successful ayurvedic treatment of hemorrhoids, skin diseases, STDs of men-women.

 

    • Elation Hair & Skin Clinic: Claims that you can ‘regain your hair with internationally acclaimed Nano technology’, ‘baldness reversal,’ Visuals regarding baldness are misleading.

 

    • Fathima Homeo Research Centre: Claims ‘to be a perfect cure for infertility in just six months,’

 

    • Godavari Ayurvedic Oride Capsule/oil: Claims that one avoid operation needed to cure bleeding piles, piles and fissures.

 

    • Grover Hair Care Range: Claims that it is ‘effective on bald head and helpful in growing new hair.’

 

    • Gurukrupa Clinic: Claims that it helps ‘reduce/gain weight upto 30 kg,’ ‘cure knee – waist pain without operation, gives guaranteed result,’ One can ‘get rid of alcohol, tobacco without telling someone.’

 

    • Hamdard Laboratories India (Hamdogen Herbal Revitaliser for Men): The product claims to be a Herbal Vitalizer for men.

 

    • Heinz India P. Ltd.: Heinz claims that its Complan brand ‘is a nutrition expert in the category and is formulated as per the Recommended Dietary Allowances (RDA) for Indians. It advises: make sure that your child drinks Complan thrice a day for adequate nutrition and total health. Right Choice Magazine tested the sugar content of Heinz Complan Natural and found that, when added to 200ml of whole milk, each 33g serving (as recommended by Complan) contains 18.5g of sugar. Three servings a day would therefore add 55.5g of sugar to a child’s diet. That’s almost three times the National Institute of Nutrition (India)’s total recommended daily sugar allowance for a 4-9-year old child before they’ve eaten any meals. The CCC concluded that the total intake of added sugar through Complan, when served in milk as suggested on pack instructions, could reach the maximum RDA values. The internet content when referred to in conjunction with pack instructions, contravened Guidelines on Advertising of Foods & Beverages – Clause 8.

 

    • Hindustan Unilever Ltd: Vaseline Healthy White Lotion showing exaggerated claims of instant whitening’ on skin.

 

    • Indore Diabetes Speciality Center: Claims to ‘reduce weight by sitting at home. Reduces up to 3 to 40 kg, meet for weight loss and inch loss, reduces up to 3 to 6 inches stomach and waist in 20 to 40 days, meet for controlling Sugar (Diabetes) and the thin and skinny can meet for gaining weight,’ Visual is misleading.

 

    • JCL Teleshopping: Deaddiction claims to ‘de-addict the consumer from any sort of addiction including that of cigars, pan, and alcohol.’ The CCC concluded that the claims in the ad were not substantiated and were misleading by gross exaggeration. The advertisement contravened Chapters I.1 and I.4 of the ASCI Code.

 

    • Jeevan Shakti Capsule: Claims and visual implies that the product is meant to enhance sexual pleasure.

 

    • Jolly Pharma India: Jolly Sunsex Gold Capsules/Oil claims that it ‘increases internal man power: Jug jug jiye jawani,’ Product pack visual implies that product is meant to enhance sexual prowess.

 

    • Jolly Pharma: Claims that Jolly Tulsi 51 can keep you safe from diseases by consumption of 5 drops; Increases immunity naturally ;With anti-ageing, anti-bacterial, anti-viral and anti-fungus qualities – 2 Anti-Toxins as well .Jolly Tulsi 51 is a treasure of 51 very essential medicinal qualities, regular consumption of which is helpful to protect from the initial symptoms of mental stress, sleep, blood pressure, all types of skin diseases, ringworm, scabies, itching, acne-pimples, any kind of fever, dengue, malaria, jaundice, cold, cough, stomach and liver related disease, asthma and joint pain, unnecessary fat, heart related disease, diabetes, liver diseases, bad breathe, physical weakness.

 

    • Leeford Healthcare Limited: Ultrabrite Skin Cream claims that the ‘triple formula of Ultrabrite removes dark circles, spots and marks. Apply Ultrabrite cream on your face 30 minutes before sleeping. Apply sun screen lotion before going out in sun and get spot-less face in few days.’

 

    • Link Pharma: Piles Go Capsules claims that ‘thousands of people have been cured from piles by using Piles Go Capsules, easy and shortest only 10 capsules course.’

 

    • Muscle Man Sports Nutrition CompanyMuscle Man Range of Products work for ‘stunted height, weight loss, shrunken cheeks,’ ‘See effect in 10 days, 100% natural with no side effects,’

 

    • N K Medicos & M/s S. K. Ayurvedic (Hari Pharma): Claims that ‘Mala H.C. cream removes tough freckles, spots, marks, dark circles, enhances your skin tone in 20 days and brings newness on your face,’ ‘Lady Amrut Syrup: Claims that it is an herbal medicine for women health and beauty. It works for all types of problem in case of women ageing between 15 – 50 years; problems like – Leucorrhoea, regular menstrual flow, high or low flow, irregularity, painful periods, no glow on face, burning in palm and sole,’

 

    • O.P. Jindal Institute of Cancer and Research: Claims that the ‘prevention from cancer, get rid from cancer, eradication of cancer. Successful treatment of more than 1000 cancer patients.’

 

    • Oasis Pharma: Claims that the ‘Low back capsule completely cures waist pain within 2 to 4 weeks by taking the capsule in morning and evening with warm water or milk. The numbness in hand legs in slip disc patients along with waist pain also gets cured,’

 

    • Pravaas Foundation: Nasha Mukti Kendra claims that it gives guaranteed treatment for addiction by Ayurvedic medicine; else you will get entire money back. Super states ‘Conditions Apply,’

 

    • Rain Tree Agro Farm India Private Limited: Rain Tree Diabetic Medicine claims that ‘Rain tree diacure is a full stop for disease of diabetes, ‘100% natural herbal product with no side-effect and no food restriction. It is FSSAI certified.’

 

    • Raj Medical Store: Keshraj Hair Oil claims that ’75 year old lady’s hair turned black only with Keshraj Oil.’

 

    • Repl India: Breastriim Oil claims that the product enhance breast size.’ ‘Looseness, inflammation, itching and fungus in private parts are some common problems seen in married women. Virgin Oil that tightens the private part again. It gives the feeling of virginity to her husband once again with no side effect.’

 

    • Repl India: Claims that ‘Tatkal – Ayurvedic Medicine is 100% Ayurvedic. Has no side effects and is enriched with Ashwagandha, White Musli and Shilajit,’ Claims imply product meant to enhance sexual pleasure.

 

    • Safe Height Capsule: Claims that it is ‘100% ayurvedic, completely safe, helpful in physical development and no side effect.’

 

    • Sah Speciality Clinic: Claims that they give ‘permanent treatment for manliness and sterility,’

 

    • SBS Biotech: Kesh King Roop Mantra claims that ‘dusky complexion becomes fair and fair becomes fairer.’ It further claims that the regular use of Ayurvedic ‘Roop Mantra’ face cream capsule and face wash helps to keep your skin fair, soft and smooth. It also helps to cure acne, pimples, rashes, spots- marks etc.’

 

    • Shakti Plus: Shakti Plus claims that it makes an impression and suggests that the product is for the maintenance or improvement of capacity of human beings for sexual pleasure. The ad is in violation of Drugs and Magic remedies act, 1954, and rule 106 of drugs and cosmetics Rules 1945.

 

    • Shathayu Ayurveda: Claims that migraine is curable in 4 months. Proper clinical evidence is needed to advertise like this. These are only treatable conditions, curable is not appropriate.

 

    • Vardhan Ayurvedic & Herbal Medicines: Claims that they give ‘successful treatment of obesity’, ‘end increased stomach, heavy waist, thighs, thick neck, heavy chest , legs hands and unnecessary fat,’

 

    • Venova Pharmaceuticals Private Limited: Claims that Tummy Free Capsule ‘whose 100% veg and 100% Ayurvedic formula give flat stomach.’

 

    • Vishnu Physiotherapy: Claims that it gives ‘100% guarantee to make people walk who were suffering from paralysis, spinal problem, head brain operation and non-functioning of hands and legs after their treatment,’

 

    • Wipro Ltd. (Glucovita Bolts): Claims that ‘Glucovita has iron & Glucose which gives energy to the body & brain in 10 seconds. Glucovita acts in 10 seconds.’

 

  • Zydus Wellness Limited: Claims that Everyuth Fairness Peel off to be India’s first intelligent delivering whitening technology that targets melanocytes to give unmatched fairness.