ASCI details ad violations by top six categories in FY22

The Advertising Standards Council of India (ASCI) has released a detailed report on top six violative categories that flouted the self-regulatory body’s norms in their ads across print, tv, and digital media in  FY’21-22. The body looked into a total of 4,184 ads across Education (1,728), Healthcare (775), Personal Care (531), Virtual Digital Assets (VDAs), Gaming (383), and Food & Beverages (373) categories in the last year. 

Education

There was a 23% increase in ads looked into by ASCI in the education category over FY’20-21. Out of 1,728 ads checked, 6% were from the Edtech category. Overall, 90% of these ads appeared on print, 1.2% on TV, 8.8% on digital, and 0.1% on other mediums. 

Nine ads featuring celebrities were found to be misleading and 12 ads were contested based on influencer disclosure violations.

Most of the violative claims under the Education sector were pertaining to Leadership, Awards & Rankings and Job Guarantee claims. Comparative superlative claims like highest success, lowest fees etc. and performance outcome claims like best results, success assured were also common. In addition to these there were a significant number of Money Back Guarantee claims usually clubbed with result oriented/outcome related claims. 

Out of the ads looked into, 1% were dismissed and 99% required modification. While 17% had informal resolution, 83% were upheld. 

Healthcare

There was a 20% decrease in ads looked into ASCI on a fiscal year basis, from 967 in the previous fiscal year to 775 in FY’21-22. While 0.3% complaints were not valid, 1.7% were dismissed and 98% required modification. The procedural outcomes were as follows: informal resoltion - not contested (19%), upheld (62%), and DMR/Covid Violations (19%). 

When it comes to medium split, 75% of these ads appeared on print, 3% on TV, 21% on digital, and 1% on others. Further, five ads featuring celebrities were found to be misleading, and 15 ads violated the influencer disclosure code. 

Most violative claims in the Healthcare category revolved around leadership, awards & rankings and comparative claims specifically under Clinics & Hospitals. Treatment assurance claims were also fairly common. For Drugs and Medicinal products claims of cure - prevention - protection were the most common. Health condition reversal and product performance claims were among the other violative claims noted. There has been a rise in the occurrence of natural ingredient/procedure led treatment/cure claims. 

Personal Care

A whopping 261% increase was recorded in the number of ads looked into by ASCI, from 147 in the last fiscal to 531 now. Out of these 4% were nullified, 5% were dismissed, and 91% required modification. While 69% had informal resolution - not contested, 31% were upheld. 4% of these ads appeared on print, 6% on TV, 88% on digital, and 2% on other mediums. Four ads featuring celebrities were found to be misleading, and 371 ads were found to be violating the influencer disclosure code. 

There were various claims made in the advertisements looked into under this category. Most of the violative claims were pertaining to product performance. Owing the the ongoing pandemic we saw a number of protection and prevention claims particularly claiming protection from germs like viruses and bacteria. Besides these there were comparative claims, Ingredient performance led claims, natural & organic product claims, leadership claims, consumer trust and recommendation by experts claims.

Virtual Digital Assets (VDAs)

In the VDA category, 394 ads were looked into by ASCI, out of which 4% were not valid, 1% were dismissed, and 95% required modifications. While 47% were upheld, 53% had uncontested informal resolution. 1% of these ads appeared on print, 1% on TV, 98% on digital, and 0% on others. No ads featuring celebrities were found to be misleading, albeit, 385 ads were identified to be violating the influencer disclosure code. 

Most advertisements looked into under this sector were influencer disclosure cases where influencers were talking about how to navigate the VDA platforms, or sharing information about the category and how the platform is easy to operate. From some of the ads that made misleading claims, leadership & consumer trust claims were most common. Guaranteed earnings, performance comparisons with other mode of investments like Gold and stock investment followed. The other commonly found claims revolved around promoting the category through referral program claims like refer a friend and win. 

Gaming

There was a 472% jump in the number of ads looked into by ASCI, rising to 383 in FY22 from 67 in the previous fiscal. 4% were not valid, 3% were dismissed, and 94% required some modification. 11% were upheld while 89% had informal resolution: not contested. 1% of these ads appeared on print, 1% on TV, 99% on digital and 0% on others. Eight ads featuring celebrities were found to be misleading and 22 ads violated the influencer disclosure code. 

Most violative claims in the Gaming sector were pertaining to leadership, guaranteed winnings, prize money assurance and safety, security & privacy claims. Other claims like consumer trust - trusted by 3 billion users etc., and comparative claims like win better, Xtimes more winnings were also seen. 

Food & Beverages (F&B)

A 31% increase was recorded in the number of ads looked into by ASCI, 285 in FY’21 and 373 in FY’22. 2% were nullified, 14% dismissed, and 84% required modification, out of which two cases are still sub-judice. 53% had an informal resolution : not contested and 47% were upheld. 16% of these ads appeared on print,7% on TV, 73% on digital, and 4% on others. 10 ads featuring celebrities were found to be misleading and 131 ads were found violating the influencer disclosure code.

Almost every product sub-category under F&B had immunity boosting claims along with ingredient benefit and product performance claims. Comparative claims, leadership claims, health & disease risk reduction claims were also common. Like many other categories there was an increase in claims pertaining to protection from & prevention of various diseases caused by viruses & bacteria. Other claims included awards & rankings, natural source/organic foods, consumer trust and quality claims.