ASCI upholds Fever 104 FM, Clarins, Berger Paints, Trivago among others for misleading ads

In September 2016, ASCI’s Consumer Complaints Council (CCC) upheld complaints against 151 out of 199 advertisements. Out of 151 advertisements against which complaints were upheld, 39 belonged to the Healthcare category, 75 to the Education category, followed by 10 in the Food & Beverages category, 8 in Personal Care Category and 19 advertisements from other categories.

In the personal care category, Johnson & Johnson’s Clean & Clear Foaming face wash ad was pulled up for its claim, “To give 8 hours’ oil control”  and Park Avenue Acti-Cool deodorant’s claim “Lasting cooling effect”, was not substantiated adequately with technical data to prove how long the cooling effect stays. Other VLCC Slimmer’s range of products were said to be likely to mislead consumers by implication and the benefit of slimming attributable to the advertised product was not substantiated adequately.

Clarins White Plus advertisements claim, “After 4 Weeks,  85% No more New Spots,  94% Skin Looks Fairer,  94% Skin is more Translucent”, were not substantiated with clinical evidence of product efficacy, and the claims were considered to be misleading by ambiguity. Lotus Safe Sun Whitening Plus advertisements claim of, “Botanical Extracts gives whitening glow”, was not substantiated with evidence of product efficacy or any clinical study report.  Also, the advertiser did not provide any substantiation for the SPF value of “SPF 40” through any technical test or a third party certification.  The claims are misleading by exaggeration.

In the education category, ads of Pratap University, ITM University,  Aptech’s Arena Animation and others were upheld for making false claims. Complaints against advertisements of all educational institutes listed below are mostly are upheld because of unsubstantiated claims that they ‘provide 100% placement/AND/OR they claim to be the No.1 in their respective fields’: University of Petro & Energy Studies (UPES College of Engineering Studies), GyanSagar Foundation (Royal group of Institution), Para Medical Council of Gujarat, Skybird Aviation, St. Margaret Engineering College, Mother Teresa Group of Colleges, GomtiNandan Public School, Lingaya’s Paradise Education Trust (Lingaya’s University), Karnataka Reddyjana Sangha (Vemana Institute of Technology), Brundavan Educational Trust -Sampoorna Institution of Technology & Research, Mata Gujri College, Sanskriti College, Sri Aravindar Education Center (Sri Aravindar Engineering College), ChennaisAmirta International Institute of Hotel Management, New Image Beauty Academy, Xavier College of Hotel Management , Sri Sapthagiri Institute of Technolgy, Mahanadi Education Society (Ritee Group of Institution), Subhas Bose Institute of Hotel Management (SBIHM), Frameboxx Animation & Visual Effects, Dhanwantari  ITI, M Star Institute of Hotel Management, Bagaria Education Trust (Vivekananda Global University), J K Lakshmipat University, Skytech Technical Training Foundation, Gandhi Institute Of Engineering & Technology, UCMAS (U C Mas Mental Arithmetic), Dr Sahus PMT Biology Classes, MATS University, TeerthankerMahaveer University, Kota Study Circle, Sri Chaitanya IIT Academy, Bhavani/Aparna School of Nursing, IICHM School of Computer, Atmiya Group of Institutions, Dr.A.P.J. Abdul Kalam Polytechnic College, Subhas Bose Institute of Hotel Management (SBIHM), I.T.S The Education Group, Vijay Krishna College of Nursing, Apollo Institute of Technology, SVGI Group of Institutions (Lord Venkateswaraa Engineering College and Lord Ayyappa Institute of Engineering & Technology Kanchipuram Chennai), DAV College Trust & MGMT Society    (DAV Institute of Engineering & Technology), IIMT, Akash Animation Institute of Multimedia and Visual, Pai Classes, Sona College of Technology, Jasoda Institute of Technology and Management Science (JITMS), Bhabha Group of Institution, Academy of Indian Banking, Peoples Education Society (PES Evening College), Parshi Training & Tech Service (Cad Desk India), Prolific Training, Brain Bench, Vairabi Institute of Paramedical Sciences (VIPS), Bollineni College of Nursing, Jan ShikshanSanstha, International Institute of Design, Kalasalingam University  Kalasalingam Academy of Research and Education, Centurion University, Ratnam Coaching Centre, Sanjay ShikshaSamiti  (Apex institute of Engineering & Technology), Prolific Systems & Technologies Pvt. Ltd,Hi-Tech Institute of Advance Technology, Alternative Learning Systems (ALS), Lords International College, Dream Shapers & Climax Academy and National Institute Of Fire & Safety Engineering (NIFSE).

In the others category, Fever 104 FM was upheld for claiming to be Bangalore’s No.1 FM Station!” and “1 > 2+3+4+5 -FEVER 104 Bangalore has more listeners than the combined listenership of RED FM (No.2), Radio One (No.3), Radio Indigo (No.4) &Mirchi (No.5). Well there is a reason we are called the BAAP”, were not substantiated and are misleading.

Berger Paints advertisement’s claims, “You will be amazed to see how the trained painters use the hi-tech sanding machines to scrape your walls without any dust and use the automatic paining machines to paint the walls perfectly in no time.” were inadequately substantiated with supporting evidence, and were found to be misleading.

The advertisement on Trivago of Hotel Hyatt, Kolkata claiming an offer of “Rs. 2601 with breakfast included”, is misleading and is a “Bait and switch” type activity as on the click of the `view deal’ option, the consumer is directed to another hotel and not Hyatt. The advertisement was said to be grossly misleading.

Also, Hitachi A/C’s advertisement claim, “5 star forever”, was inadequately substantiated and is misleading, according to ASCI.Other brands in this category to have false or misleading ads were Polycab Cables & Wires, All Out 5 in 1, Vodafone HD voice calling, Amazon India’s Moto G4 Plus ad, Nissan Motors India’s Datsun redi-GO, Godrej’s Aer Pocket, Levi Strauss (India) for its 50 per cent sale claim, Bgarat Petroleum and Lenskart’s claims, “We offer a unique Free Trial Service across India”, was not substantiated with supporting evidence of the customers who have been benefitted by this offer.

In the food and beverages category, ads of Sunpure Sunflower Oil, Amrut Dana Dal and Pelicana DD Drinker’s Drive were upheld.

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