Details - Complaints that were Upheld by the Consumer Complaints Council (CCC) From October 2005 to December 2005

     # Intra-Industry Complaints   * ASCI  Member    $ Consumer Representational Organisation

Sr. No

Advertiser Product/
Service

AdvtgAgency

Media

Claims / Description of  Ad/TVCComplaint

ASCI Code / CCC Decision
1# Yum
Restaurants
(I) P. Ltd
(Freshizza)
J.Walter
Thompson(*)
AXN(*)
(7/05)GO 92.5(*)(7/05)
Claim - “Our dough is fresh and not made in a factory unlike others”They are not the only people to make fresh pizzas. The entire pizza is not fresh, only the base is.`Smokin’Joe’s Pizza’have been making the claim of “fresh pizzas”since they started more than 10 years ago.

Oct-05Chapter I.4.Claim misleading, in the absence of proof.

Ad withdrawn.

2$ ITC Ltd(*)(Sunfeast Milky Magic Biscuits) FCB-Ulka(*) Various channels(8/05) Visuals - “a young boy attempts to play the basket ball game, but is not able to reach the basket and therefore is bullied by the other players. At this point of time, the mascot of the company gives `Sunfeast biscuits’to the young boy who after eating it, instantly grows taller and is able to reach the basket.”

Oct-05Chapter I.4Visual depiction likely to exploit the vulnerability of children.Ad misleading by gross exaggeration.

TVC withdrawn.

3
Suo motu
Hidesign
(Leather
Product)
  DNA(8/05) Visual –An indecent exposure of a womanAd unrelated to the product promoted –`leather bag’. Ad appears to commodify women.

Oct-05Chapter II.Ad likely to cause widespread offence, particularly to women.

Ad objectionable.

Ad withdrawn.

4
Suo motu
United Breweries Ltd(Sand Piper Malt Beverage) Triton Comm(*) Deccan Chronicle(6/05) Visual –`logo of Sand Piper’Logo depicted visually, appears similar to the logo of an alcoholic beverage, the promotion of which is against the law in the state of Andhra Pradesh. If the product promoted is a non-alcoholic product, then the advertiser should provide data to establish the sustainability of the promotion, in relation to sales revenues derived from the product.

Oct-05Chapter III.6(b).Ad could suggest to consumers that it is an Ad for the liquor brand.Data not provided.

Ad withdrawn.

5 Vellore Institute of Technology(First Indian University to get British Accreditation) Elegant Publicities The Hindu(*)(5/05) Claim - “The First Indian University to get British Accreditation”VIT is only an Institute and not a regular University. It is accorded the status of a Deemed University as per relevant provisions of the UGC Act.The Institute as such has not received any British accreditation at all.Ad headline is misleading.

Oct-05Chapter I.4.Claim misleading by ambiguity.

Subsequently, the Advertiser has provided additional information, in support of the claim.

6# Johnson & Johnson Ltd(*)(Stayfree Secure Dry) McCann-Erickson(*) DD, Zee Cinema(*), Star Plus(*), Sony TV(*)(6/05) Claims - “Mehenge napkin ki suraksha ab wajiv daam mein”, “Iska mehenge napkins jaisa Dry Net de geelepan se Azadi”, “Aur char anti-leak channels de behtareen suraksha”Claims are false and are derogatory against ‘mehenga napkin’(expensive napkin) as it overtly implies the ‘Whisper Maxi Regular’product in the TVC. As per an independent “Product performance feedback study”, the overall rating of `Whisper Maxi Regular’is significantly better than `Stayfree Secure Dry’on protection aspects.

Nov-05Chapter I.1Claims not substantiated.

TVC modified.

7
Suo motu
Pripha Pharma(Cause and Remedy for Migraine)   Punjab Kesari(1/05) Claims in Hindi, (as translated in English) - “A product in capsule form (MIGRO-2) made from herbs and roots, is marketed after trials on numerous migraine sufferers”, “Prince Pharma research team have concluded that MIGRO-2 is a proven successful remedy (medicine)”

Nov-05Chapter I.1.Claim, Prince Pharma research team have concluded that MIGR0-2 is a proven successful remedy/medicine, not substantiated.

Ad discontinued

8# Hotel NKM’s Grand (“Have a pleasant flight & While in Hyderabad have a pleasant stay”)   Swagat Magazine(Oct 05 issue) Copying of the visual of “Zodiac Ties”.Hotel NKM’s Grand has directly lifted the visual of ‘Zodiac Ties’, that Zodiac are advertising in Mass Media as part of the campaign for their new line of neckties –Vicenza (May 05).

Dec-05Chapters IV.2 and IV.3.Ad took unfair advantage of the goodwill acquired by another advertiser’s advertising campaign, and the Ad was similar to another advertiser’s earlier run Ad in visual presentation so as to suggest plagiarism.

Ad, a one-time Ad.

9# Gillette India Ltd(*)(Duracell Batteries) O & M(*) Red FM(*), Kolkata(10/05) Use of a mimic of Mr. Bachchan’s voice, apparently asking God for 10 times more power, and God offers him 10 times more power than ordinary batteries with DuracellThe apparent objective of the use of Mr. Amitabh Bachchan’s voice-mimic is to create an unfair reference to Eveready, inviting comparison, and affecting Eveready’s goodwill.

Dec-05Chapters I.4, IV.2 and IV.3Ad misleading by implication, that the product is being recommended by an identifiable celebrity, Ad took unfair advantage of the goodwill acquired by another advertiser’s advertising campaign, Ad was similar to another advertiser’s earlier run Ad in voice-over and sound effects so as to suggest plagiarism.

Radio spot not on air since October 05.

10 # I.T.C. Ltd(*)(Mangaldeep 5 in 1 Agarbattis) O & M(*) Raj TV, Sun TV, Vijay TV (9/05) Visuals - “5 in 1”being better than another product –“Three in One”, by knitting into the storyline of the number five being better than three in several aspects. Moreover, the “Three in One”is brushed aside by one of the characters in the commercial to imply that their product is better than “Three in One”.Since the colour is identical to the pack of “Three in One”, and the words of “Three in One”are clearly visible on the pack that is shown in the commercial, the consumer viewers of the product “Three in One”would definitely associate it with their product.

Dec-05UpheldChapter IV.1(e).Ad denigrated another product by implication, since no specific attributes were compared and supported, as being ‘better’.

Not Upheld

Advertiser’s TVC was not so similar to that of the Complainant’s TVC, as to suggest plagiarism.

TVC not on air since 28/12/05.

11 # Air India(*)(Special Fares to USA, UK & Europe)   Hoardings in Mumbai “New York/ LA / Chicago –Rs.37,990*”,“London/Paris / Frankfurt –Rs.18,990*”,“* Conditions Apply”On enquiry with the Airlines, it was learnt that the actual fares were - (1) Rs.47,991 and (2) Rs.26,045.Ad is misleading because the fares advertised vary considerably from the actual fares.

Dec-05Chapter I.4.Ad misleading by omission of critical conditions of additional payments involved.

Ad campaign concluded. Advertiser assured appropriate modification of Ad, in future.


Secretary General | Date:   16th March 2006