Advertising Standards Council of India (ASCI) Health-Related Decisions and Recommendations, November 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 November, the complaints that were upheld against health-related claims included:

    • Ayurwin Pharmaceutical Pvt. Ltd. (Nutrigain): The advertisement’s claim of Nutrigain resulting in weight gain without side effect was not substantiated. In addition, the advertisement showing a reference to weight gain resulting in getting a job or success in job is derogatory to men, especially to those with weight issues as it results in social conditioning of opinion against them.

 

    • Ayurwin Pharmaceutical Pvt. Ltd. (Nutrigain): The advertisement’s claims, “helps gaining weight as well as (is meant for) for well-built body (sudhrudh sharrer ke saath vajan badhne mein madad kare)” was not substantiated.

 

    • Ayurwin Pharmaceutical Pvt. Ltd. (Nutrislim): The advertisement’s claims, “easy weight reduction effect of the product” and “healthy way to become slim” were not substantiated.

 

    • Ayurwin Pharmaceutical Pvt. Ltd. (Nutrislim): The claims in the advertisement, “easy weight reduction effect of the product” and “healthy way to become slim” were not substantiated. In addition, with reference to obesity (“motapa”), the advertisement was misleading by implication that the product would solve the problem of obesity and therefore was in breach of the law as it violated The Drugs & Magic Remedies Act.

 

    • Chaturbhuj Pharma Co. (Japani M & F Capsules): The claims in the advertisement, “For Strength and Energy,” “Especially for men’s strength” and “Popular and effective” were not substantiated. Also, the claims, read in conjunction with visuals and pack shots in the advertisement, implied 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.

 

    • Japani M & F Capsules: The claims in the advertisement, “The effect starts from the very first day,” “Use it at least once in their life to experience erotic pleasure” and “Japani capsule F works for females and Japani capsule M works miracles for men by providing them extreme pleasure,” were not substantiated. Also, the advertisement’s claims, read in conjunction with the advertisement’s visual and the pack 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.

 

    • Chaturbhuj Pharma Company (Japani Oil): The claims in the advertisement, “For better results, regularly use Japani-M capsule also along with Japani Oil” were not substantiated. Also, the advertisement’s claims, “I began to like you because you started using Japani oil,” “Only for men” read in conjunction with the visuals in the advertisement as well as pack shots implied 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.

 

    • Chaturbhuj Pharma Company (Japani Oil): The claim in the advertisement, that the product is a “mixture of ayurvedic herbs which maintain the body’s strength and vigour” was not substantiated. Also the advertisement claims, “They give a feeling in mind and body of new found youth, enthusiasm, strength, and vigour,” when read in conjunction with the visuals in the advertisement implied 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.

 

    • BT-36 Caps Oil & Cream: The claims in the advertisement, “India’s most reliable BT -36 caps oil and cream” and “Ayurvedic proprietary medicine helps you get the correct size and shape” were not substantiated. Also, the claims read in conjunction with the visual in the advertisement imply bust enhancement, which is in breach of the law as it violated The Drugs & Magic Remedies Act.

 

    • Sanjeevani Netralaya Retina Care Centre Bio Veda Action Research Co.: The claims in the advertisement, “cures eye related disease including disease of RETINA through medicine” and “cures even disease which cannot be cured in USA by advance medical science using laser,” were not substantiated. Also, specific to the claim related to cure of eye related diseases / Diabetic Retinopathy implying diseases of the optical system (item 11 under DMR Schedule), the advertisement is in breach of the law as it violated The Drugs & Magic Remedies Act.

 

    • Bio Veda Action Research Co. (Big Margosa Anti-Dandruff Shampoo & Conditioner): The claims in the advertisement, “100% Natural,” “No Chemicals” and “No Preservatives,” were not substantiated.

 

    • The Body Care & Cure: The claims in the advertisement, “No Gym, No Machine, No Yoga, No Crash Diet, No Medicine, No Supplementary Foods,” were not substantiated.

 

    • Vacuum Therapy: The claims in the advertisement, “The American agency and FDA have together come up with a vacuum therapy which enable a man to increase the size of his penis from seven to eight inches length wise and four to five inches thickness wise making it thicker and harder” and “It also treats other problems like impotency, swift flattening of the penis and helps in making the penis look better” were not substantiated. Also, the claims, read in conjunction with the visual in the advertisement, 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.

 

    • Shathayu Ayurveda (Ways to Tackle Diabesity): The claim in the advertisement, “Ayurveda’s Panchakarma approach for `diabesity’ is unique,” was not substantiated.

 

    • Noor Davakhana: The testimonial claim in the advertisement implying “treatment for brain cancer,” and the claims implying “treatment for brain cancer, breast cancer, big tumor, any tumor in the body,” were not substantiated. Also, specific to the claims implying treatment/cure for brain and breast cancer, any tumor in the body, the advertisement is in breach of the law as it violated The Drugs & Magic Remedies Act.

 

    • Homeocare International: The claim in the advertisement, “We found solution to keep your diabetes under control,” was not substantiated. Also, this claim read in conjunction with the picture of an old man about to eat a high sugar preparation (gulab jamun), is misleading by virtue of being a gross exaggeration.

 

    • Vacurect: The claims in the advertisement, “they are a mixture of ayurvedic herbs which maintain the body & strength and vigour,” “They give a feeling in mind and body of new found youth, enthusiasm, strength, and vigour,” “Vacurect is a safe, US-FDA approved instrument for men who cannot take pleasure with their partners. It is not a tablet, injection or spray. It makes one fully capable and it has no side effects” and “It is suitable for every age person and every medically affected condition. Its benefits are listed as100% safe and approved by doctors, simple to use for longer period, no medical advice or approval necessary, patients of diabetes, and prostate can also use it,” were not substantiated. Also, the advertisement’s claims, read in conjunction with the advertisement’s 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.

 

    • Patanjali Ayurved Limited (Kesh Kanti Oil): The advertisement’s claim, “Do muhe baalon, safed baalon evam jhadne se mukti pradaan karta hai,” was not substantiated with clinical evidence.

 

    • Keya’s Seth Ayurvedic Solution (Stop age Cream): The claims in the advertisement, “You can be 53 or 43, but you will look like you are 33,” “Stop age cream helps you to gain a young look by erasing and treating patches, wrinkles and such other age-related skin problems” and “Stopage and its benefits help one to get a cure for different kinds of age-related skin problems, making their skin look younger and healthier!,” were not substantiated.

 

    • Nature’s Essence Pvt. Ltd. (Kesh Vishesh Herbal Oil): The claims in the advertisement, “Kesh vishesh herbal oil is said to be a mixture of 7 oils with 17 ingredients having medicinal properties and it is said to be a safety cover (Suraksha Kavach) for hair fall which comprises 5 problems – hair fall, deficiency in hair growth, dandruff and loss of shine, two heads at the end (spilt hair) and premature white hair,” were not substantiated.