By Raju Vernekar
Mumbai, Nov . 13:
The Advertising Standards Council of India (ASCI) looked into complaints against 317 advertisements, of these 64 were withdrawn by advertisers on ASCI’s intervention, in August and September 2020,.
The Independent Consumer Complaints Council (CCC) of ASCI evaluated the remaining 253, of which complaints against 221 advertisements were upheld. Of these 222 advertisements, 101 belonged to the education sector, 77 to healthcare, eight to food and beverage, seven to personal care, three to finance and investments and 25 were from other categories. Complaints against 32 advertisements were not upheld as they did not violate the ASCI code.
In these two months, the education sector saw a sharp rise in institutes making misleading and false claims in their advertisements, claims such as top of their field, Ranking No. 1, 100% job placements, best institute, 100% passing rate etc which violated ASCI’s code. One online learning app claimed to be the best and pioneer of live online classes. Many educational institutions didn’t have substantial data and surveys to support the claims they were making.
ASCI also upheld misleading ad claims made on various digital platforms like Instagram, Twitter and Facebook. Many such claims were taken up by ASCI suo motu. Many advertisers leverage consumers’ fears and insecurities, especially in this pandemic situation, to lure them to make product purchases. These ads were mostly related to the health sector, with brands falsely claiming to cure or prevent COVID-19. Working together and synergizing efforts with the Union Ministry of AYUSH, ASCI has been working towards eliminating such false claims for consumer protection. In August and September 59 such cases were flagged off to the regulator.
The advertisements covered were: Education: – 101 advertisements complained against, Direct Complaints (three advertisements), Suo Motu Surveillance by ASCI (98 advertisements). Healthcare: – 77 advertisements complained against, Direct Complaints (Two advertisements), Suo Motu Surveillance by ASCI (75 advertisements), Food & Beverages – eight advertisements complained against, Direct Complaints (Five advertisements), Suo Motu (three advertisement), Personal care: -Seven advertisements complained against, Direct Complaints (Three advertisement), Suo Motu (Four advertisements), Finance and Investment: Three advertisements complained against, Direct Complaints (two advertisements) and Suo Motu Surveillance by ASCI (one advertisement). Others: – 25 advertisements complained against, Direct Complaints (11 advertisements) and Suo Motu Surveillance by ASCI (14 advertisements).
Some of the advertisements were : Personal care-Servotech – Uvlen Digital Sanitizer, New Delhi-(website ad) exaggerated claims- This Device will sanitize your hands within 10 seconds. 2. It can clean without producing odours or irritating smells 3. This sanitizer is safe for humans as well as pets. The claims were misleading and were likely to lead to widespread disappointment in the minds of consumers. As such the complaint was upheld.
Education- UpGrad Education Private Limited, Mumbai. The claim objected to: “India’s Largest Online Higher Education Company”. The TVC advertisement contravened guidelines for Advertising of Educational Institutions and Programs of the ASCI Code.
Healthcare- Jagrit Acupuncture Clinic (Dr.Jaykumar Dixit), Mumbai. Exaggerated claim-successful treatment of all painful disorders, paralysis, cervical, lumbar spondylitis, allergy, thyroid, deafness, tinnitus kidney and forget diabetes without medicine and insulin. The ASCI noted that this claim was continued violation of the earlier recommendation against the clinic.
Other category- People for the Ethical Treatment of Animals (PETA), New Delhi. Exaggerated claim: lndia’s live animal markets, factory farms and slaughter houses are filthy as China’s “wet markets”. No one needs meat, it is linked to heart disease, cancer, stroke, high blood pressure, diabetes and obesity. The ASCI observed that the advertiser cannot use the animal aspect to try and make people turn away from non-vegetarian food. The claim was not justified since there is no general evidence to suggest that only the vegetarians do not have these diseases.
Manisha Kapoor, ASCI Secretary General said: ”ASCI, is now in its 35th year since inception. COVID-19 related claims as well as misleading education claims continue to dominate the complaints we received during this period. ASCI’s only goal is to promote responsible advertising which safeguards consumers.”
