1.
suo motu

Cadbury India Ltd(*) (Cadbury Bournvita)

Ogilvy & Mather(*)

T.O.I.(*)

(8/2006)

Headline, “Real Achievers grow up on Bournvita”, needs to be substantiated with certificates or testimonials from the persons mentioned in the Ad.

Claim, “with super chargers” on the label of the product pack depicted in the Ad, needs clarification as to the nature of ingredients supporting the claim.

October 2006
Chapter I.4.
Ad headline, misleading by gross exaggeration, in the absence of authentic evidence of the prolonged consumption over the growing years, of the individuals cited in the Ad.

Ad discontinued

2.
suo motu

McDowell & Company Ltd(*)
(DSP Black)

Mudra(*)

Bombay Times(*)
(9/2006)

Ad states, “Night is Young. Night is Black”, “Come Alive”, “DSP Black – Black Nights CDs” (in fine print).
Ad is misleading by its ambiguity, and is suggestive of a liquor brand (appears to be a replica of the label of a branded liquor product).

October 2006
Chapters I.4, III.4 and III.6(a).
Claims or visuals shown in the Ad, misleading by its ambiguity since there was no perceptible identification of a `music CD’ under promotion.
Replica of Label of a Branded Liquor product, considered as promoting the sale or consumption of Liquor, the Ad having appeared in Bombay Times, published in Maharashtra.
The scale of advertising does not appear to be sustainable in respect of the quantity quoted in the agreementprovided in support of the business contracted.

Ad modified.

3.
suo motu

Shree Baidyanath Ayurved Bhawan P. Ltd
(Baidyanath Sugarfree Chyawanprash Granules, Baidyanath Kesari Kalp)

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Hindustan Times(*)
(9/2006)

Claims, “Sugarfree Chyawanprash Granules, which for the first time in the world addresses the need of diabetic patients”, “anti-diabetic properties”, “combat physical fatigue and weakness in diabetic patients”, “Kesari Kalp has proved useful in addressing untimely weakness and fatigue”, “an energy extending that sustains active and agile life”, need to be substantiated with proof, supporting technical information with details of tests/trials reports from an independent recognised testing institution.

November 2006
Chapter I.1.
Claims not substantiated.

Advertiser informed that Ad has been modified.

4.

Godrej Consumer Products P. Ltd(*)
(Godrej Fair Glow Soap)

Quadrant Comm

Zee Marathi(*)
(9/2006)

TVC shows “Parents of the girl as dark skinned, with their names as `Mr. Kale and Mrs. Kale’ and the daughter is shown as fair because she has used the Godrej Fair Glow soap”. Ad is offensive.

November 2006
Chapter II.
Visual depicted in the TVC, was discriminatory in its implication.
Ad was considered to be repulsive and likely to give rise to widespread offence, particularly amongst women.

Ad campaign concluded. Advertiser informed that said TVC will not be repeated.

5.
$

Syndicate Bank

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ETV(*)
(Sept-Oct 06)

TVC shows “a fortune teller using a Parakeet to predict the future of a person”.
The performance of the bird in the Ad is in contravention of both the Wildlife Protection Act and as well as the Performing Animals (Registration) Rules, 2001.

(One similar complaint received against the same TVC)

November 2006
Chapter III.4.
Visual depicted requires a No Objection Certificate from the prescribed authority. Since the Advertiser has not submitted proof of such certification, the Ad was in breach of the law.

TVC withdrawn.

6.
Suo
motu

DKT India
(XXX Flavoured Dotted Condoms)

M:Ideas

Sony Max(*)
(10/2006)

Visuals of “a woman sensually and orally enjoying the flavours of fruits”, are obscene and vulgar because they imply promotion of `XXX Flavoured Dotted Condoms’ for oral sex.
Also, running these Ads during cricket matches, which has large proportion of minors and children watching, violates prevailing standards of decency.

(Three similar complaints received against the same TVC)

November 2006
Chapter II.
Ads violate prevailing standards of decency as relevant to this vulnerable age group. The time of airing and the programme during which the Ads were shown, were not suitable for viewing by children and minors.

TVCs discontinued since 30/10/06. Advertiser assured that TVCs will be appropriately modified if they are to be aired during non-adult time bands.

7.
Suo motu

Vanity Gold
(Zodiac Power Rings)

--

Mumbai Mirror(*)
(10/2006)

Claims, “Zodiac Power Rings, made out of Pacnhadhatu, are creating waves the world over with their Unique ability to change the course of people’s destiny by making them extra confident, focused, self-willed & more in Touch with themselves”, need to be substantiated.

November 2006
Chapter I.5.
Claims were so exaggerated as to lead to grave or widespread disappointment in the minds of consumers.

Advertiser expressed willingness to withdraw the Ad.

8.

Heinz India P. Ltd(*)
(Complan)

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Star Plus(*)
(10/2006)

Claim of height increase – “this much” (visually depicted), needs to be substantiated.

Complainant has been regularly giving his child `Complan’ for the last one year, but his height has not increased, to an extent as shown in the commercial.

November 2006
Chapters I.1 and I.4.
Claim not substantiated, and misleading by gross exaggeration.

Complaint related to the observed lack of perceptible increase in height of an individual boy, in relation to the visually depicted height increase in support of the claim, was Not Upheld, in the absence of valid supporting data in the complaint.

TVC modified

9.
Suo motu

Goodcare Pharma
(Livgood Natural Liver Protector)

R.K. Swamy BBDO(*)

Mumbai Mirror(*)
(10/2006)

Claims, “Natural Liver Protector”, “Partying Frequently? Better be on Livgood”, suggestive of remedy for over-indulgence in food and drink, need to be substantiated with supporting technical/medical information.

December 2006
Chapters I.1 and I.4.
Claim, “Natural Liver Protector”, not substantiated.
Claim, “Partying Frequently? Better be on Livgood”, was ambiguous and could be misleading.

Advertiser informed that Ad is being withdrawn temporarily and will be released after suitable modifications.

10.
Suo motu

Goodcare Pharma
(EziSlim Natural Slimming Capsules)

R.K. Swamy BBDO(*)

Mumbai Mirror(*)
(10/2006)

Claims, “An Ezi way to Slim”, “Natural Slimming Capsules”, need to be substantiated with proof, supporting technical information with details of tests/trials reports from an independent recognized testing institution.

December 2006
Chapters I.1 and I.4.
Claim, “An Ezi way to Slim”, not substantiated adequately.
Claim, “Natural Slimming Capsules”, was ambiguous and could be misleading.

Advertiser informed that Ad is being withdrawn temporarily and will be released after suitable modifications.

11.
#

Kyndal India P. Ltd
(Absolut Win)

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Mid-Day(*)
(8/2006)

Advertorial states, “Absolut with its enriching and delectable flavour brings the Absolut Win offer for the people in Mumbai and Pune”, “This August Absolut Bottles will carry a scratch card with irresistible prizes listed on them”.
Visual shows “a bottle labeled Absolut Vodka”.
Advertorial is misleading and suggestive of a liquor brand – Absolut, the Advertorial having appeared in Mid Day, published in Maharashtra.

December 2006
Chapter III.4.
Advertorial was a promotion for Absolut Vodka, which being a Liquor product, is prohibited from being advertised, in the State of Maharashtra, under the Bombay Prohibition Act, 1949.

Advertiser assured that such similar Advertorial/
Promotions will not be repeated.

12.

Anchor Electricals P. Ltd
(Ave Weather Proof Switches)

Network Advtg P. Ltd(*)

CNN-IBN, Times Now(*)
(Sept-Oct 06)

TVC shows “a person splashing water on electric sockets to show that it is water proof”.
Ad is dangerous.

December 2006
Chapter III.2(b).
Visual depiction of, “touching the Switchbox after it has been sprayed with water”, accidentally, in a sequel featuring young children, was a hazardous act, likely to be emulated by minors, in a manner which could cause injury.

TVC modified.

13.
$

Bhawani Textiles Ltd
(Dollar Wintercare Undergarments)

Satellite channel

Star Plus(*)
(10/2006)

Visual of “two young adults entering and remaining for a while however brief, in a large Deep Freezer”, may influence youngsters to try sitting in a deep freezer, which may prove dangerous.

December 2006
Chapter III.3.
Visual depiction, shows a dangerous practice, which may be emulated by vulnerable youngsters.

TVC discontinued

14.
Suo motu

Hindustan Lever Ltd(*)
(Surf Excel Automatic Win Whirlpool Washing Machine offer)

Lowe(*)

T.O.I.(*)
(10/2006)

Visual of “a young boy standing inside a washing machine open at the top end”, shows a dangerous act which may influence youngsters to try the same, which may prove dangerous.

December 2006
Chapter III.3.
Visual depiction shows a dangerous act, which manifests a disregard for safety and may encourage negligence on the part of vulnerable youngsters.

Ad withdrawn.

15.

Eureka Forbes Ltd(*)
(E-Boiling Aquaguard)

Triton Comms(*)

CNBC(*), Star TV(*)
(11/2006)

Claim, “Safe water will make one strong and smart”, needs to be substantiated.

December 2006
Chapter I.1.
Claim not substantiated.

TVC suspended. Advertiser assured appropriate modification of the claim.

16.

Dr. Batra’s Positive Health Clinic P. Ltd

Dattaram Advtg P. Ltd(*)

NDTV
(11/2006)

TVC shows, “a person by name ‘Subramanyam’ claims, “his hair grew better (implies he came out of baldness) by going to Dr. Batra’s clinic”. A Lady and a girl (implied mother & daughter) claims, “girl’s health improved after going to Dr. Batra’s clinic”.
Claims are unsubstantiated. These misleading Ads can highly influence a vulnerable person.

December 2006
Chapters I.1 and I.4.
The implied claim conveyed by the personal testimonial referring to ‘relief, immunity improvements and well-being in health’, of a young boy, previously suffering from sinus ailment, who was treated at Dr. Batra’s clinic, was not substantiated with clinical evidence.
Testimonial conveyed by the young man implies “feeling good, experiencing definite improvement, and quite satisfied with the treatment taken at Dr. Batra’s clinic”, was not specific and misleading by its ambiguity.

TVC withdrawn.

17.
#

Marico Ltd(*)
(Sparsh Baby Bathing Bar)

McCann-Erickson(*)

Zee TV(*), Star Plus(*), DD Sahyadri
(8/2006)

Promotion message on the pack

Pack claims, “India’s first baby bar for No Tears Bath”. TVC claims, “India’s first No Tears Bath”.
After conducting the analysis as per the standard methodology, on `Sparsh Baby Bathing Bar’, the pH value of the said product was found to be 9.77. With this high pH value this product cannot be claimed to be a product which would not cause irritation and watering of eyes. Claim is false and misleading.

December 2006
Chapters I.1 and I.4.
Claim not substantiated. Ad misleading by exaggeration.

Advertiser assured that the claim in the TVC, and on the product pack, is being modified.

18.

Marico Ltd(*)
(Hair & Care Hair Oil)

--

DD1
(11/2006)

Claim (in Hindi), “Baalon ka tootna fifty percent tak kam kare”, needs to be substantiated.

December 2006
Chapters I.1 and I.4.
Claim not substantiated adequately.
Ad misleading by ambiguity, in respect of perceptible differentiation between hair breakage and hair fall.

Advertiser assured that the claim in the TVC is being modified.

19.

Go Air P. Ltd
(Distribution of 1,00,000 Free Tickets)

Rediffusion DY&R(*)

T.O.I.(*)
(11/2006)

Ad states, “On the occasion of our 1st Anniversary, we are giving away 1,00,000 free tickets. Across all sectors. Offer valid till 15th November 06. Offer valid for travel till 31st March 07”
Complainant’s SMS sent on 13/11/06, was responded by the Advertiser (telecon on 14/11/06) saying that, “all free tickets have been sold out and the ticket for Bangalore available then was costing Rs.3400 plus taxes i.e. about Rs.4500 – 5000 per ticket.” Ad was just to fool the innocent people.

December 2006
Exparte (absence of comments from the Advertiser).
Chapter I.5
Considering the Complainant’s narration of the individual experience within the stipulated period, and delayed response from the Advertiser, it was concluded that the Advertiser abused the trust of consumers, by mentioning a claim so exaggerated as to lead to widespread disappointment in the minds of consumers.

Advertiser assured that they will take adequate care in ensuring that all commitments being communicated in their promotions are implemented satisfactorily and no incorrect information is being sent out to consumers.

20.
#

L’Oreal India P. Ltd(*)
(Garnier Light Fairness + dark spots prevention daily moisturizer and Garnier Light Anti-marks + fairness concentrate)

--

Femina(*)
(June 06 issue)
Hindustan Times(*)
(5/2006)

Sony TV(*), Zee TV(*), Star TV(*)

Promotion messages on the product packs

Packs claims – “Proven Results in 4 weeks: Skin is softer, naturally lighter, more even, with reduced spots and illuminated with a healthy fair glow”,
“ Proven Results in 4 weeks: Spots are less visible. Complexion is fairer, finer & more luminous”.
Print Ad claims – “91% of Indian Women discovered Flawless Fairness in just 4 weeks*”,
“ Proven results in just 4 weeks: Skin is visibly fairer: 94%*”, “Dark spots reduced: 93%*”.
TVC claims - “Fair Skin in just 4 weeks – 94%”, “Dark spots reduced -93%”.

Claims implying this level of efficacy are both misleading and highly exaggerated.

December 2006
Chapters I.1 and I.4.
Claims not substantiated
and misleading by gross exaggeration, in the absence of demonstrable evidence of the efficacy of the products in use.

Advertiser informed that Press and TV Ad campaign suspended. Will make modifications in the print Ad, TVC, and promotion messages on the product packs, prior to their release in future.

21.
#

L’Oreal India P. Ltd(*)
(Garnier Pure Pimple Control Pen)

--

Sony TV(*), Zee TV(*), Star TV(*)

Femina(*), Hindustan Times(*)
(4/2006)

Promotion messages on the pack

Pack claims – “Anti-bacterial”, “Pimple control effectiveness: 92%* (*Percentage of respondents agreeing to the statement “Reduces Pimples”. “Tested on 181 respondents for 3 weeks)”, “Works from the 1st application”, “Dermatologically tested”.
Print Ad claims - “Sudden Pimples? Zap them in just 24 hours”, “India’s first quick-fix Pimple Control Pen”, “Proven in Efficacy: Reduces pimples in 24 hours: 79%* (*Percentage of Indian women claiming effectiveness in a consumer test, tested on 100 women).”
TVC claim - “reduces pimples in 24 hours”.
Claims of this level of efficacy in 24 hrs are misleading and highly exaggerated.

Claim of “Pure” on the product pack needs clarification, without which it appears to be ambiguous without a related context.
Pack claims, “Garnier Skin Naturals products”, but the ingredients listed on the pack include a significant number of chemical derived components.

December 2006
Chapters I.1 and I.4.
Claims not substantiated, and misleading by gross exaggeration, in the absence of demonstrable evidence of the efficacy of the product in use.

Advertiser assured appropriate modification of the Press Ad and TVC.

22.
$

Godrej & Boyce Mfg Co Ltd(*)
(Godrej Air Conditioners)

--

India Today

Claim, “i-TREC technology for 50% faster cooling”, needs to be substantiated

December 2006
Chapter I.1.
Claim, as applicable to `Godrej Air Conditioners’, not substantiated with quantified data or proven performance tests reports.

Advertiser assured appropriate modification of the claim.

23.
#

Business Today
(India’s No.1 Business Magazine)

--

CNBC TV18(*)

Claim, Business Today is “India’s No.1 Business Magazine”, is a completely untrue claim and misleads viewers.
The fact is that `Businessworld’ is India’s No.1 Business magazine, as per NRS 2006. `Businessworld’ is also the only ABC certified business magazine for circulation numbers.

December 2006
Exparte (absence of comments from the Advertiser).
Chapter I.1.
Claim not substantiated.

Claim modified.