Advertising Standards Council of India (ASCI) Health-Related Decisions and Recommendations, March 2016


January 23, 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 2016, the complaints that were upheld against health-related claims included:

  • Amrutanjan Health Care Ltd. (Amrutanjan Pain Balm): The advertisement’s claim, “India’s No.1 pain balm” was not substantiated and was misleading.
  • Bajaj Corp Ltd. (Bajaj Almond Drops Hair Oil): The advertisement’s claims, “It is rich with Almond oil and because of which hair get complete nourishment” and “Gives complete nourishment from root to tip” were not substantiated.
  • Brad Ayurveda (Brad Ayurveda Eye Drop): The claims in the advertisement, “Helps in reducing the numbers for eyes” and “Increases the brightness of eyes, removes blurriness,” were not substantiated, and the claims were misleading. Also, specific to the claims implying improvement in eye sight, the advertisement is in breach of the law as it violated The Drugs & Magic Remedies Act.
  • Bullet Capsule: The claims in the TVC (in Bengali) read in conjunction with the pack’s visual implies that the product is meant for enhancement of sexual pleasure, which is in breach of the law as it violates The Drugs & Magic Remedies Act and is misleading by implication.
  • Dindayal Industries Limited (303 Capsule, 303 Gold Power Oil, Shilajit Power Capsules): The claims in the advertisement (in Hindi) as translated into English, “303 Capsules – receive in 10 days old spirit,” “The 303 capsule every night gives manliness and full pledged spirit to men,” “The 303 Gold Power Oil gives men strength, power and stamina” and “Shilajit Power capsule, when taken every morning, boosts stamina and energy,” were not substantiated with product efficacy data and were misleading. Also, the claims read in conjunction with wordings such as “only for men,” imply that the products are meant for enhancement of sexual pleasure, which is in breach of the law as it violates The Drugs & Magic Remedies Act.
  • Dindayal Industries Limited (303 Capsule): The claims in the advertisement (in Gujarathi) as translated into English, “Only for men,” “India’s No. 1 power booster,” were not substantiated and were misleading. Also, the advertisement’s claim, “Give wings to your desires” when read in conjunction with other claims, implies that the product is meant for enhancement of sexual pleasure, which is in breach of the law as it violates The Drugs & Magic Remedies Act.
  • Dindayal Industries Limited (303 capsules): The claims in the advertisement pertaining to the benefits of the product such as “Mardanagi se lais. Effect starts from the first day” and “mixture that makes you much more manly” read in conjunction with a qualifier on the pack that the product is “for men only,” implies that the product is meant for enhancement of sexual pleasure, which is in breach of the law as it violates The Drugs & Magic Remedies Act.
  • Dindayal Industries Ltd. (Rangoli Tablet): The claims in the advertisement (in Gujarati) as translated into English, “The best energy booster for women,” “An effective energy booster with the power of gold, silver, pearl and saffron and prepared with special ingredients known since centuries,” were not substantiated with product efficacy data. Also, the claims were misleading. The advertisement visual showing an energy capsule for men only and visual of a couple in intimate position implies that the products are meant for enhancement of sexual pleasure, which is in breach of the law as it violates The Drugs & Magic Remedies Act.
  • Dindayal Industries Ltd. (Shilajit Power Capsules): The claim in the advertisement (in Gujarati) as translated into English, “Shilajit Power Capsules – One capsule every morning boosts stamina, energy and vigour,” was not substantiated with product efficacy data. The claim, “303 Capsules – India’s No.1 energy booster,” was not substantiated with market leadership data. Also, the claims were misleading. The claims pertaining to the benefits of the product read in conjunction with advertisement headline and a qualifier on the pack that the product is for men only implies that the product is meant for enhancement of sexual pleasure, which is in breach of the law as it violates The Drugs & Magic Remedies Act.
  • Divisa Herbal Care (Dr. Juneja’s Accumass): The claims in the advertisement (in Hindi) as translated into English “Gain weight,” “Greatly helpful in Gaining weight” and “Certified ayurvedic medicine,” were not substantiated with evidence of efficacy and product approval from the licensing authority and were misleading.
  • Doctor Care Pharma Care Pvt. Ltd. (Syor Powder): The advertisement’s claims, “Bhoolna mana Hai,” “trust of lakhs of students,” “Syor powder is enriched with Brahmi and Shankhpushpi” and “Brahmi and Shankhpushpi enhances concentration and memory manifold,” were not substantiated and the claims were considered to be misleading.
  • Dr Khalid’s Positive Health Clinic: The claim in the advertisement (in Hindi) as translated in English “Successful treatment of all incurable diseases with Unani Drugs,” was misleading by gross exaggeration and was not substantiated.
  • Dr Mohana’s Hair Transplant Centre (Hair Transplant): The claims in the advertisement (in Hindi) as translated into English, “You will nowhere else get the benefit of the treatment of hairplant you get here,” “Re-establishing of hair by advanced technological method in a natural way,” “Scientific procedure without incision or stitching,” “High density mega special [30000] 6000 hairs in one day,” were not substantiated and were misleading by exaggeration. Also, the visuals showing the images of before and after the treatment were misleading.
  • Gemini Edibles & Fats India Private Limited (Freedom Rice Bran Oil): The claims in the advertisement (in Hindi), “Naya Freedom Rice Bran Oil hai physically refined….yaani… Yaani, jyada… Oryzanol…, Oryzanol… jo bad cholestrol ghataye aur good cholestrol badaye,” “Aur iska fat profile bhi balanced hai. Matlab yeh heart ke liye acha hai na?,” “Aur less absorbant bhi hai,” “Isme hain more Oryzanol, matlab …. …more health” and “Super 10,000+ PPM Oryzanol, Balance Fat Profile, 15% less Absorbent,” were not substantiated. Also, the advertisement is misleading in the absence of supers/disclaimers.
  • Hindustan Unilever Ltd (Clinic Plus Shampoo): The advertisement’s claim, “Clinic Plus has such a protein element, which the body cannot produce. It nourishes hair roots and makes hair up to 35X more strong,” was not substantiated, and was misleading.
  • Jamna Pharmaceuticals (J.P.007 Tablet): The claims in the advertisement (in Hindi) as translated into English, “make every night pleasant and enjoyable,” “By taking J.P.007 Tablet daily your will experience strength, stamina and vigour with complete satisfaction daily” were not substantiated with product efficacy data and were misleading. Also, specific claims related to the benefits of the product, “make every night pleasant and enjoyable” (har raatko kijeeye mastani aur suhaani), “By taking J.P.007 Tablet daily your will experience strength, stamina and vigour with complete satisfaction daily” (Rojkijeeye chusti, phurti and josh ke saath sampoorn sukh ka anubhav), imply that the product is meant for enhancement of sexual pleasure, which is in breach of the law as it violates The Drugs & Magic Remedies Act.
  • Jamna Pharmaceuticals (Orgy Massage Oil): The claims in the advertisement (in Hindi), as translated into English, “Orgy Massage oil- Keshar Yukt for Men,” “remove the deficiency of erection for men,” “make it big- your height, in their gaze, use of JP 007 tablet for instant and permanent benefit,” were not substantiated and were misleading. In the context of massage oil, the claims “Bada kar de,” “Jagaye aap ke andar ka mard” read in conjunction with the pack visual, implies that the product is meant for enhancement of sexual pleasure, which is in breach of the law as it violates The Drugs & Magic Remedies Act.
  • Johnson & Johnson Ltd. (Benadryl DR): The advertisement’s claim, “sookhi khansi ko dobara aane se roke” (meaning – ‘stops dry cough from reoccurring’) is an absolute claim and was not substantiated. Also, the claim does not covey a “suppressive” action and is misleading by exaggeration.
  • Jolly Health Care (Jolly Sunsex Gold Capsule & Tel): The claim in the advertisement (in Hindi) as translated in English “for happy married life” read along with other declarations “Very beneficial for men” and the reference of use of oil along with capsule read in conjunction with the pack visual implies that the product is meant for enhancement of sexual pleasure, which is in breach of the law as it violates The Drugs & Magic Remedies Act and is misleading by implication.
  • Jolly Healthcare (Fat Go Powder, Capsules, Oil): The claims in the advertisement (in Hindi), as translated into English, for Jolly FatGo Powder states, “an advanced and ayurvedic method to control weight,” “Take the powder, in empty stomach, in place of one meal,” “There will be no feeling of hunger or weakness,” “This powder reduces calorie intake. 14 extremely effective ingredients present in the powder help decrease paunch”. In addition, the part of the advertisement for Jolly Fat Go Capsule states, “Take 2 capsules twice a day. This helps in converting excess fat into energy,” and for Jolly FatGo Oil claims, “If you are troubled by ‘stretch marks’, ‘hanging paunch’, ‘loose paunch’, “Apply the oil on paunch and thigh and massage gently with light hands, before going to bed in the night” and “we firmly believe that you would see excellent results in few weeks,” were not substantiated with product details and proof of efficacy and were grossly misleading.
  • Lovrect: The claims in the advertisement (in Gujarati), as translated into English, “Best solution for couples,” “Get back your sex life,” “Loverect is a safe, US-FDA certified device for those men who are not able to enjoy with their partner,” “This is not a medicine, pill, injection or spray. This makes you fully capable and this does not have any side effects,” “Suitable for all age groups and medical conditions,” “No pill. No injection. No surgery,” “Benefits of Loverect: Safe and certified by medical practitioners, Easy to use, For a longer period, No need for medical consultation, Diabetes, B.P. and prostrate patients can also use,” were not substantiated and were misleading. Also, the claims pertaining to the benefits of the product read in conjunction with the advertisement visual implies that the product is meant for enhancement of sexual pleasure, which is in breach of the law as it violates The Drugs & Magic Remedies Act.
  • Medinn Belle Herbal Care (P) Ltd. (Endura Mass): The advertisement’s claim, “India’s most trusted weight gainer,” was not substantiated and the claim was misleading by exaggeration.
  • Meghdoot Herbal Gramodyog Sewa Sansthan (Meghdoot Maha Bhrangraj Oil): The advertisement’s claim, “Ayurvedic medication claims to cure baldness, headache, eyesight,” was not substantiated and was misleading.
  • Patanjali Ayurved Ltd. (Patanjali Kesh Kanti Natural Hair Cleanser & Oil): The advertisement’s claim, “mineral oil is carcinogenic in nature and may cause cancer” was false and misleading by ambiguity and by gross exaggeration.
  • Rajnish Hot Deals Pvt. Ltd. (Play Win Capsule): The claims in the advertisement read in conjunction with the pack visual and the advertisement visual implies that the product is meant for enhancement of sexual pleasure, which is in breach of the law as it violates The Drugs & Magic Remedies Act.
  • Rajsee Ayurvedic Capsules: The claims in the advertisement (in Gujarati) as translated into English, “Rajsee capsule is an effective combination produced with mainly five different extracts. Its 21-day course is definitely helpful,” were not substantiated and were misleading. Also, specific to the claims implying treatment for sexual disease (virility problems), the advertisement is in breach of the law as it violated The Drugs & Magic Remedies Act.
  • SBS Biotech (Rajsee Ayurvedic Capsules): The claims in the advertisement (in Gujarati) as translated in English, “If there is loss of stamina due to aging, childhood mistakes, bad company or sugar, just One course for 21 days” and “Rajsee capsule the most reliable supportive medicine,” were not substantiated and were misleading.
  • SBS Biotech (Roop Mantra Ayurvedic Cream, Capsules & Herbal Face Wash): The claim in the advertisement (in Hindi) as translated into English, “Helpful in protecting from: Dark complexion, scars, wrinkles, pimples and dull skin’, was not substantiated. Also, the claims were misleading.
  • Shree Narayanan Ayurvedic Pharmacy (Lion Brand Va-nari Vati Special Pill): The claims in the advertisement (in Gujarati) as translated into English, “Removes physical weakness,” “Strengthens weak limbs,” “Nourishes the seven elements of the body” and “Nourishes endocrine glands” were not substantiated and were misleading.
  • Som Fragrances Pvt. Ltd. (Dilbagh Pan Masala): The advertisement is misleading by omission of a statutory cautionary message/warning via super, stating that, “Pan Masala is injurious to health and cannot be purchased or used by minors.”
  • Tara Homeopathy Clinic (Tara Clinic Re-grow Hair on Bald Head): The claim in the advertisement (in Hindi) as translated in English, “re-grow hair on bald head by using advanced scientific method,” was not substantiated. The visuals showing the images of before and after the treatment were misleading. Specific to the claim of “100% guarantee” implying cure of baldness (a condition referred in Schedule J of the Drugs and Cosmetics Act), the advertisement is in breach of the law as it violates The Drugs & Cosmetics Rule 106.
  • TVC LifeSciences Limited (Remesol): The claims in the advertisement (in Hindi) as translated into English, “Herbal with base in the Himalayas,” “a clinical trial conducted by a US hospital has proved that Remesol is an extremely effective pain reliever for longstanding pains” and “Remesol had reduced all kinds of inflammation and pains in American patients in a matter of two or three weeks in a surprising manner,” were not substantiated and were misleading.