Complaints against advertisements by two fast moving consumer goods (FMCG) companies in the digital world deriding the colour of one’s skin were upheld recently by the Advertising Standards Council of India (ASCI).
ASCI’s Consumer Complaints Council has taken severe cognisance of the complaints against certain advertisements. ASCI has upheld complaints against 144 of 174 advertisements in June 2013, including three online ads and one YouTube ad. All of them had to be withdrawn.
ASCI received complaints against Hindustan Unilever's Ponds BB Cream, titled ‘The Future of India’, which details the benefits of the product and how women yearn to have fair skin. It also received complaints against an ad by Emami Fair and Handsome cream, which shows a flow chart depicting various problems such as inferiority complex and lack of good looks affecting people with dark skin. Both the ads have been pulled out by the respective companies as the Council found the complaints to be justified.
On the digital trail
The Council found the two ads violating Chapter III 1(b) of the ASCI Code, which says no advertisement shall be permitted to deride any race, caste, colour, creed or nationality. Though most of the misleading ads were from the health and personal care category, there were several from the education sector, said an ASCI offcial. For the first time ever, ASCI has also tracked and upheld complaints against four online advertisements, out of which one was an advertisement of Hindustan Unilever (HUL) on the YouTube Channel.
HUL’s advertisement for Sunsilk Perfect Straight, which appeared on YouTube showed a girl packing and selecting all her hair straightening equipment, when her friend tells her about a shampoo that can keep the hair perfectly straight, even after attending a gym session, a party or even in other situations. The ad was charged with misleading customers.
Unhealthy trends
The Council found the claims in another 58 health and personal care product or service ads to be either misleading or not adequately/scientifically substantiated. Some of the health care products were also found to have contravened the provisions of the Drug and Magic Remedies Act. Like the one from Jalan Healthcare, where the advertisement clearly claimed that one can ‘lose up to 11 kg in 3 weeks with a written money back guarantee’. Another advertisement by Keya Seth Aromatherapy, wherein the ad claimed that ‘it can stop hair fall’, ‘make every hair strand stronger and longer, five times faster than any other solution’, was also discontinued.
Complaints about a new ad by Zee Laboratories for its ‘Virgin Again Gel’, which claimed that the ‘vagina tightening and rejuvenating gel improves muscle tone’ was also upheld by ASCI, as well as those against the Slim Care Herbal advertisement that claimed that Slim Fast capsule and powder is the ‘new ultra slim fast capsule and powder that makes you slim and smart with no exercise, no side effects, no dieting’.
Bigwigs too
Not just small names, bigger companies too came under the Council’s scanner. Dabur India was told to pull out its ad for Fem Turmeric Herbal Bleach which claimed that it is `herbal, mild and ammonia-free'.
Johnson & Johnson was also told to stop advertising its Johnson’s Baby Natural Massaging Oil that claimed that the ‘oil helps in 47 per cent more weight gain’.
An ad by the Himalaya Drug Company for its Complete Care Toothpaste claimed ‘anti-oxidant’ health benefits. Not only did it kill the germs, it also removed toxins and further strengthened the gums and teeth, it claimed. The Council upheld the complaint and the company removed the ad. In the case of the Reckitt Benckiser advertisement for Mortein Naturguard, a woman spraying her home with an unbranded pest control spray has to cover her mouth and nose while her family and dog stay outdoors. However, in the next shot, when she uses Naturguard, neither is she covering her mouth nor are her family out – they are happily playing in the room. The ad makes it appear as if the product is very safe, chemical-free and made with natural ingredients. ASCI has asked the company to withdraw the ad, which it has.
While Emami, with its Zandu Sonachandi Chyawanprash in its television campaign claimed that ‘Only Sonachandi Chyawanprash contains gold which provides immunity and silver keeps the mind sharp’, Marico was also pulled up for its Livon Hair Gain Tonic in its print ad that claimed ‘Increase your hair growth with the latest hair gain formula’.
Cadbury (India)'s ad for Tang claimed that ‘Tang has fruits and it is good for health and a substitute for fruits as it provides various vitamins'. The company has been asked to pull out the advertisement.
Godrej’s air-conditioners claiming that they consumed less power than a hair dryer, Karbonn Mobiles’A21 claiming that its battery never drains and Samsung Galaxy 4’s TV commercial that showed a person telling his friend he has bought a Samsung Galaxy 4, and that he has paid “zero”, followed by a long pause before completing the sentence, ‘zero down payment, zero charge’.
A print ad by New Bombay Cancer Homeopathic Hospital claiming all types of cancer are curable at all stages through homeopathy had to go, the Council said.
Name & shame policy
As Alan Collaco, Secretary General of ASCI said, “The consumer has to be protected and the industry encouraged to give a wider choice of good quality products. This can be achieved by providing strict regulations to curb malpractices of a few advertisers. The idea is to ensure the truthfulness and honesty of representations and claims made by advertisements and to safeguard against misleading advertisements.''
Though 90 per cent of the companies concerned usually comply with the decision of ASCI’s Consumer Complaints Council even if they do not agree with it, Collaco said, if an advertiser does not voluntarily withdraw the offending ad, ASCI writes to the media organisation concerned, whether print or TV, and they stop or refuse the ad.
“We have a name-and-shame policy, whereby we name the offending company and its advertisement. If it is on TV, we inform the Information and Broadcasting Minstry, though we have received 100 per cent compliance for the ads on TV,” he added.
ASCI has an overarching goal: to maintain and enhance the public’s confidence in advertising. It seeks to ensure that advertisements conform to its code for self-regulation which requires advertisements to be truthful and fair to consumers and competitors, within the bounds of generally accepted standards of public decency and propriety.
ASCI, through the National Advertising Monitoring Service, has already started following up on ads in print and TV against which complaints are upheld. Initial tracking results showed there was 90 per cent compliance from advertisers with ASCI’s decisions.
Going places?
Interestingly, the Council found claims in print ads by 57 advertisers which were not substantiated and violating ASCI’s guidelines for advertising by educational institutions.
For instance, an ad by Endeavor Careers claimed that ‘3 out of 4 students who got into IIM Ahmedabad in 2011 are Endeavor students'. The ad also said ‘for the first time in India, course material to tackle the unpredictable nature of CAT, specially designed by IIM alumni'. Rayat Bahra's advertisement claimed that it is ‘ranked no.1 in placements in Northern India’ and the Eastern Institute of Management's advertisement claimed that the institute has ‘internationally accepted and recognised degrees and over 10 years’ legacy in assuring 100 per cent placements’. All were told to withdraw their ads.
Ads that claimed successful placements in large numbers, such as those of Desh Bhagat University and Lal Bahadur Shastri’s Institute of Management and Technology were also asked to be taken down, among several others.
Aptech’s ad for Arena Animation Academy claiming that ‘it is Asia's No. 1 Animation Training Institute’ and Pathfinder Tutorials' print advertisement saying many of its students were successful in JEE (Main) 2013 were found to be dubious and complaints against them were upheld.
The telecom sector too saw several ads being withdrawn. One was the Tata Teleservices’ ad for Tata Docomo which shows a husband quietly eating a pizza at night and a voice-over stating ‘leading pizza chains use our network.’ The Council viewed the claim as unsubstantiated as support was provided only for one chain – Pizza Hut. The company withdrew the ad.