More and more corporates are using the fast track court system of ASCI to resolve their issues with advertisements from competitors

The Advertising Standard Council of India (ASCI), the self-regulatory industry body and its Fast Track Complaints Council (FTCC) receives maximum number of complaints against advertisements relating to detergents and shampoos- from the personal care segment.

Alan Collaco, secretary of ASCI, said, “So far eight complaints have been dealt by the FTCC. Four complaints have been upheld by the Council. These advertisements are of detergents, shampoos and sanitary napkins – mainly belonging to the personal sector.”

Moneylife learn that FTCC had upheld a complaint it had received against the television commercial of Pantene Pro-V Shampoo, a product of Procter and Gamble (P&G). According to the complaint, the claim, “Hair fall ka chakkar…shuru hone ka no chance,” is misleading as it conveys that using this shampoo from Pantene will completely stop the hair fall cycle. The complainant said that the claim is false, misleading and needs to be backed with substantial independent data.

FTCC after reviewing the advertisement concluded that the claim, “Hair fall ka chakkar …. Shuru hone ka no chance”, was an absolute one and was inadequately substantiated. It also contravened with ASCI’s code and hence it was upheld.

Even Ahemdabad-based, Consumer Education and Research Centre (CERC), in its draft advertising code says that advertisement should substantiate all the claims made in it. “Advertisers shall be under obligation to substantiate all claims made by them, whether direct or implied, with documentary evidence of independent research and test findings that are capable of objective assessment. Relevant evidence should be sent without delay if requested by the Authority and should be adequate to support both detailed claims and the overall impression created by the advertisement,” it says.

“If there is a significant division of informed opinion about any claim made in an advertisement it should not be portrayed as universally accepted,” CERC adds.

Experts say that the FTCC is an easy platform from ASCI for the corporates, instead of choosing lengthy and expensive legal battles over competitor’s advertisements.
 
In September, ACSCI started the FTCC for 'fast-track redressal' of complaints originating within the industry. Accordingly, such complaints are resolved by the FTCC within seven working days, from the earlier time of around five weeks taken to resolve complaints.
 
A member of ASCI’s Consumer Complaint Council (CCC) who wished not be named explains that the FTCC has been successful in resolving the cases quickly. The complainant needs to check if the decision given by ASCI is complied or not, since ASCI does not have any mechanism for it. However, since most of the companies are member of the council, they abide by the decision.

ASCI is planning speedy disposal of the consumers complaints it receives against errant and misleading advertisements. “For quick disposal of consumers, ASCI’s CCC now meets twice a month. Earlier the CCC used to meet only once in a month. Now, complaint can be resolved within a month instead of 40-42 days,” says Mr Collaco.
 
Experts from advertising industry say that it is easier for the companies to resolve their advertising dispute with ASCI instead of approaching courts, where decision might be taken after several years. Moneylife had reported that how ASCI have become a battle ground for companies who find it easier to have the advertisements of their rivals pulled out by approaching the ASCI. (http://www.moneylife.in/article/asci-easy-platform-to-target-rivals-by-submitting-complaints/19804.html)

ASCI has been seeking statutory powers from the union government to make its decision binding on advertisers.