Details - Complaints that were Upheld by the Consumer Complaints Council (CCC) From January 2007 to March 2007

     # Intra-Industry Complaints   * ASCI  Member    $ Consumer Representational Organisation
Sr. No.

Advertiser / Agency / Media Product/ Service

Claim / Description of Ad / TVC Media

Complaint

ASCI Code/ CCC Decision

1.

Coca-Cola India(*) (“Coca-Cola is absolutely safe”) Hoarding (Noida Link Road, New Delhi)

Visual - “A well-known celebrity displaying a Coca-Cola bottle and assuring that it is 100% safe”.

Complaint refers to several other factors related to Coca Cola, such as source material process, and end product marketed to consumers.
“ Coca-Cola follows very hygienic production process and material”, “Coca-Cola never says that the pesticide contents are within the permissible limit”, “It is according to international standards”.

A verification of the copy appearing on the hoarding, confirms that none of the above factors as mentioned in the complaint, is featured on the Hoarding. The Hoarding under complaint carries only one claim, “I have 100% confidence that Coca-Cola is absolutely safe”.

January 2007
Upheld. Chapter I.1.
Claims, “100% safe”, “it is according to International standards”, and “all the ingredients meet regulations in India”, were not substantiated.

April 2007
Decision on Review
Not Upheld.
CCC considered the Advertiser’s recent submission that the Hoarding under complaint carries only one claim, “I have 100% confidence that Coca-Cola is absolutely safe”, the other claims cited in the complaint being apparently the subjective allegations of the Complainant.

Claim of, “Coca Cola is absolutely safe”, was substantiated. Earlier CCC decision Upholding the original complaint stands reversed.

2.
#

Dabur India Ltd(*)
(Promise Toothpaste)

ETV(*), Zee TV(*)
(Oct-Nov 06)

Claims – “After using Promise toothpaste consumers won’t get cavities and won’t even have to visit the dentist”,
“ New Promise has clove that fights twice as hard and not only removes germs that cause cavities, but also prevents them from coming again”.

These claims are grossly misleading.
Even a lifetime use of a fluoridated toothpaste cannot guarantee a cavity-free mouth.
The results of various clinical trials show that continuous and sustained use of fluoridated toothpaste with either 1000ppm or 1500ppm fluoride can cause a clinically significant caries reduction of around 25-40%, but never 100% reduction.

January 2007
Chapters I.1 and I.4.
Claim, “New Promise fights the germs that cause cavities and prevents them from coming back, and therefore prevents cavities”, was not substantiated adequately.
Claim, “prevents cavities”, was an exaggeration which could mislead consumers.

TVC suspended.

3.

Hero Honda Motors Ltd(*)
(CBZ X-treme Motorbike)

Star Sports(*)
(17/12/06)

Visuals – “a motorcyclist crossing an unmanned railway crossing just ahead of an on-rushing train while the engine driver of the train waives at him not to do so”.

TVC shows an extremely dangerous and hazardous stunt by the motorcyclist.

January 2007
Chapter III.3.
Visual depictions and the action sequences portrayed, were so vivid as to create the impression that the motorbike is geared to such manoeuvres which can be executed with ease, thereby encouraging a dangerous practice, the emulation of which may be attempted by young persons with lesser skills.

TVC modified.

4.
#

Cadila Heath-Care Ltd(*)
(Nutralite Premium Table Margarine)

Mudra Comm(*)

Times of India(*)
(10/12/2006)

“Butter is made from Animal Fat”

“ Butter contains high Cholesterol which increases the risk of Heart Diseases”

“Butter increases the risk of Obesity”

“ Butter contains high Trans-fats and Saturated Fats, which increase the risk of Heart Diseases”.

“ Nutralite is rich in PUFA, which helps to reduce cholesterol”.

“ Cholesterol Free”

 

Claim is misleading and categorizes Butter as non-vegetarian, which is not true. Butter is made from Milk Fat. All Milk Products are classified as vegetarian, under the PFA.

There is no conclusive scientific evidence that proves that Cholesterol intake is linked to heart diseases. Claim is misleading and creating needless fear psychosis through implication.

Nutralite Table Margarine contains the same amount of Fat and Calories as in Butter. Nutralite does not reduce the total calorie intake and thus cannot directly help in reducing Obesity.

Nutralite does not declare the amount of trans-fat content on pack label.

The actual PUFA content in Nutralite is neither mentioned on the pack label nor in the advertisement. This claim is ambiguous and unsubstantiated.

All table Margarines are made from vegetable oils, which do not contain Cholesterol. This is only stating the obvious and misleading the consumers.

January 2007
Chapters I.4 and IV.1(e).
Claims were ambiguous and in the absence of relevant quantification as proof, were misleading and unfairly denigratory of a category of products, without justification.

Advertiser assured appropriate modification of the Ad.

5.
Suo motu

Kellogg India Private Ltd(*)
(Kellogg Real Banana Corn Flakes)

J. Walter Thompson(*)

Free Press Journal
(29/12/2006)

Visual - “a young boy hanging upside down by holding the upper handle, inside a bus”

Advertisement shows a dangerous act which is likely to encourage minors to emulate it, in a manner which could cause injury.

February 2007
Chapter III.2(b).
Visual depiction shows a dangerous act which is likely to encourage minors to emulate it, in a manner which could cause injury.

Ad discontinued.

6.

Hero Honda Motors Ltd(*)
(Hero Honda CBZ
X-treme)

J. Walter Thompson(*)

Star Sports(*)
(5/1/2007)
Zee TV(*)
(4/1/2007)

Visuals – “a biker going near the cliff and performing stunts on a single wheel of the motorbike”.

Advertisement shows a dangerous act which if emulated by inexperienced riders, may cause injury.

(1 similar complaint received against the same TVC)

February 2007
Chapter III.3
Action as depicted in the TVC, showed a dangerous act which if emulated by inexperienced riders, could cause injury. Such actions show dangerous practices and manifest a disregard for safety without justifiable reason.

TVC modified.

7.

Pan India Network Infravest Pvt Ltd
(Playwin Lottery)

Ambience Advertising Agency(*)

DNA
(28/12/2006)

Visual - “an Indian Currency Note shown as a toilet paper roll in a toilet.”

This is a blatant disgrace and disrespect to the Indian Currency Note.

February 2007
Chapter III.4
Advertisement was in breach of the law.

Ad discontinued.

8.

Cadbury India Ltd(*)
(Cadbury Fruity Gems)

Nick channel
(20/1/2007)


Visuals - “a child eating fruits and another child eating Gems of the same flavours. At the end of the advertisement, the child eating fruits is shown eating Fruity Gems instead of fruits (because it has many more flavours)”.

Advertisement has influenced the Complainant’s 6 year old daughter so much that she doesn’t want to eat “fruits” and wants to eat only “Cadbury Fruity Gems”. This advertisement is likely to corrupt young minds.

February 2007
Chapter III.2
Advertisement exploits the vulnerability of minors.

Advertiser assured appropriate modification of the TVC.

Suo motu complaint on the pack
Visual depiction of fruits could be misleading young children.
(Not Upheld – March 2007 CCC)

9.

Inox Leisure Ltd
(Inox – Live the Movie)

The Metro (a supplement of The Telegraph, Kolkata)
(12/1/2007)


Claim - “Rs.50/- only. Not valid on weekends and holidays”.

As per the complaint, the Cinema Theatre is charging Rs.80/- for these tickets on Fridays.
When reported to the duty Manager of the Theatre, the Complainant was told that they consider Fridays to be a “weekend” and not a “weekday”.
Advertiser is cheating the consumers by this advertisement.

February 2007
Chapter I.4.
Claim being interpreted by the Advertiser as inclusive of `Fridays’, could be misleading to an average cinema-goer. Advertisement was misleading by omission of a pertinent clarification.

Advertiser assured appropriate modification of the claim in their similar advertisements, in future.

10.

Neo Sports Broadcast Pvt Ltd(*)
(Neo Sports)

Ogilvy & Mather(*)

Neo Sports channel
(January 07)


Visuals - “West-Indian people in a variety of situations in India being mis-treated by Indian people. The West-Indians are shown miserable and upset because of the treatment they have received from the Indians”.

Advertisement is absolutely and undoubtedly racist. It suggests that Indians have a negative prejudice against the black people and that they mistreat black people.

February 2007
Not Upheld. TVC showing “a West Indian couple in a boat”, was not so offensive as to give rise to widespread offence.

Upheld. Chapter II. TVC showing “a West Indian eating chillies and many Indians not giving him water to drink”, was likely to give rise to widespread offence. The display of `Intolerance’ as portrayed in this TVC was indecent, repulsive and offensive to generally accepted standards of Public Decency.
April 2007
Decision on Review
Complaint stands Upheld.
Chapter II.
CCC members felt that their collective decision to Uphold the complaint, was carefully deliberated and unanimous. The survey (Quantitative research conducted by a recognised independent market research agency) provided by the advertiser, does not change anything and the earlier decision to Uphold the complaint stands.

TVC withdrawn.

11.

Neo Sports Broadcast Pvt Ltd(*)
(Neo Sports)

Ogilvy & Mather(*)

Neo Sports channel
(January 2007)


Visuals – “a West Indian cricketer eating hot chutney and many Indians not giving him water to drink”.

Advertisement is absolutely inhuman and insulting the West Indians.

(4 similar complaints received against the same TVC)

February 2007
Chapter II.
Advertisement was likely to give rise to widespread offence. The display of `Intolerance’ as portrayed in the TVC was indecent, repulsive and offensive to generally accepted standards of Public Decency.

April 2007
Decision on Review
Complaint stands Upheld.
Chapter II.
CCC members felt that their collective decision to Uphold the complaint, was carefully deliberated and unanimous. The survey (Quantitative research conducted by a recognised independent market research agency) provided by the advertiser, does not change anything and the earlier decision to Uphold the complaint stands.

TVC withdrawn.

12.
$

L.G. Electronics India P. Ltd
(LG Intellocool Refrigerators)

Lowe(*)

Gujarat Samachar
(27/12/06)


Claims - “India’s No.1 Refrigerator”, “…door cooling that re-energise your food and retain its nutrition longer”, “Green ion Door Cooling”, “Green catechin and ion coated filter removes bacteria, odour”, and “…vita plus recharges food”.

Advertiser needs to substantiate these claims with proof, supporting technical information, independent data, with details of tests/trials reports from an independent recognised testing institution.

February 2007
Chapter I.1.
Claims made in the advertisement and cited in the complaint, were not substantiated.

Ad withdrawn.

13.

General Motors India P. Ltd
(Chevrolet Aveo)

McCann-Erickson India(*)

CNBC Awaaz(*)
(26/1/2007)

Visuals - “a well-known celebrity driving the Aveo dangerously, in wrong lane and on wrong side of the road”.

Even if the actions shown in the TVC are performed by professionals, it is illegal to drive dangerously.
Advertisement shows a dangerous act which if emulated by inexperienced riders, may cause injury.

February 2007
Chapter III.3.
Actions as depicted in the TVC, showed a dangerous act which if emulated by inexperienced riders, could cause injury. Such actions show dangerous practices and manifest a disregard for safety without justifiable reason.

TVC modified.

14.

Neo Sports Broadcast P. Ltd(*)

Neo Sports channel
(Jan 07)

Visuals - “a young boy aspiring to be a big cricketer wears the cricket gear and taking a shot in the air, later comes back to his original state with a bucket and broom in his hand”.

Advertisement encourages child labour, which is banned in our country.

February 2007
Chapter III.4
Advertisement endorsed and glorified child labour which is against the spirit of the Child Labour (Prohibition & Registration Act) 1986, and the Convention on the Rights of the Child, UNICEF (India being a signatory).

TVC withdrawn.

15.

Lux Hosiery Industries Ltd
(GenX Undergarments)

Ogilvy & Mather(*)

Star News(*)
(2/2/07)

 

Visuals - “a man in underwear with a towel overwrap answering the door bell. A girl dressed in a mini skirt and low cut blouse says that she is the Dhobi (laundry person), and very suggestively looks at the lower body of the man. Just then the towel drops down revealing the man in his underwear. She says, “Nikaliye Na”. He looks down towards himself and asks “What!”, to which she replies “Kapde”.

The commercial has statements of double meaning. It projects the girl in a demeaning manner and is not suitable for a medium of television watched by families together with their children and minors.

(One similar complaint received against the same TVC).

March 2007
Chapter II.
Visuals depicted in the advertisement and the voice over (in Hindi), “nikaaliye na…kapde”, were suggestive and indecent, and could give rise to widespread offence.

Advertiser assured that TVC is being modified.

16.
Suo motu

United Spirits Ltd(*)
(Royal Mist)

Rediffusion DYR(*)

Times of India(*)
(21/2/07)

 

Advertisement states - “Royal Mist – 100% Premium Grain”, “Enchantingly Smooth”, “Misty nights” (in fine print).

This could mislead consumers regarding the product advertised for sale.
Visual depiction of brand name is suggestive of a well-known brand of liquor product – Royal Mist.
In the absence of specific information, the advertisement appears to be a surrogate advertisement for a liquor brand – Royal Mist.

March 2007
Chapter III.6
Visuals depicted and the copy mentioned in the advertisement, did not refer specifically to a product or service being promoted. Advertisement appeared to be a surrogate advertisement for a liquor brand – Royal Mist.
Slogan, “Cast a Spell”, and the bylines, “100% premium grain”, “Enchantingly smooth”, mentioned in the advertisement, refers to features generally associated with a liquor product.

Advertiser assured that Advertisement is being withdrawn, and the same will be modified appropriately before it is released again.

Secretary General | Date:   17th May 2007