Advertising Standards Council of India (ASCI) Health-Related Decisions and Recommendations, October 2015


February 5, 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 October, the complaints that were upheld against health-related claims included:

    • Colgate-Palmolive (India) Ltd. (Colgate Sensitive Pro-Relief Enamel Repair): It was concluded that the advertisement’s claim in the voice over of “enamel repair” as well as the visual representation which indicate that the tooth enamel is restored to its original condition or is re-built, was not substantiated.

 

    • Dabur India Limited (Dabur Odomos Mosquito Repellant): The claim in the advertisement, “It is clinically proven that Odomos offers the most effective outdoor defence against mosquitoes for as long as 12 hours,” that is presented in the context of protection of Dengue mosquitoes was not substantiated adequately.

 

    • Patanjali Ayurved Ltd (Patanjali Dant Kanti): The claims “World’s No.1 Ayurvedic Brand,” also the claimed benefits of the ingredients (such as Akarakara, Tumburu, Babool, Vajradanti, Majuphal, Margosa/Neem, Vidang, Turmeric, Clove, Mint, Pippali, Bakul, and Peeloo,) and “100% charity from Profits,” were not substantiated and were misleading.

 

    • Dr. Ved Vyas Mishra (Treatment for Various ailments): It was concluded that the claims in the advertisement, “Complete safe treatment through Homeopathy medicine,” “guaranteed treatment through Homeopathic medicines for Piles, Skin, Impotency, Infertility, Kidney stone, Migraine, Blood Pressure, Hair falling, Pimples, Gas acidity, weight loss etc,” were not substantiated. Specific to the claims related to guaranteed treatment for impotency, infertility, kidney stone and blood pressure, the advertisement is in breach of the law as it violates The Drugs & Magic Remedies Act. Also, specific to the claims related to treatment for piles, the advertisement is in breach of the law as it violates Schedule J of The Drugs and Cosmetic Act, 1940 and Rules, 1945.

 

    • Glamour World Ayurvedic Co Pvt Ltd (Rocket Capsules): The claims in the advertisement, “With the magic of Rocket anyone can stand up today,” “One would feel the effect in three days” and “Men and women can enjoy the benefits of this
      medicine till seventy years of age,” were not substantiated with product efficacy data or approval from the licensing authority. Also, the claims read in conjunction with the visual imply that the product is meant for enhancement of sexual pleasure, which is in breach of the law.

 

    • MK Agrotech Private Ltd. (Sunpure Refined Sunflower Oil): The claim in the advertisement which states, “India’s first chemical free processed sunflower oil with no harmful additives / preservatives” was considered to be misleading by implication. The advertisement unfairly denigrates oils undergoing regular processing. Also, the claim, “Rich with Natural vitamins,” was not substantiated. In addition no analytical test reports have been submitted to substantiate the claims of “Fresh”; “Healthy”; “all natural”; “natural vitamins.”

 

    • Vibes Healthcare Limited (Vibes Weight Loss Assurance): The claim in the advertisement, “Vibes weight loss assurance” was not substantiated.

 

    • Dr. Gupta’s Clinic: The claim in the Advertisement, “Dr Guptas Clinic is the country’s No.1 sexual disease treatment center,” was not substantiated.

 

    • Raghav Lifestyle Products (Ajay Toothpaste): The claims on the pack of the product which state, “5x clove power vs. non clove toothpaste,” “Superior cavity protection,” “Advanced formulation,” “Complete natural protection,” were not substantiated and were misleading in nature.