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CA – JULY 5 – TALL TALK

  • Posted by CERC India
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TALL TALK

IVF ads violate the law

Two complaints were received by the Advertising Standards Council of India (ASCI) recently. One advertisement was by Delhi IVF & Fertility Research Centre which made two claims. One was that it was “a one stop solution to all problems related to childlessness”. The other was that the centre was responsible for the delivery of 7000 ART (Assisted Reproductive Technology) babies since 1994. The other ad was of Trinity Test Tube Baby Center which claimed: “100% success or money back guarantee”.

ASCI viewed the print advertisements and considered the advertiser’s response. It upheld both the complaints. It found both the ads violating the Drugs & Magic Remedies Act, 1955 because they promise a cure for infertility. Also, in both cases the claims in the ads were not substantiated with authentic supporting data. Hence the ad contravened Chapters I.1 and III.4 of the ASCI Code. According to Chapter I.1: “Advertisements must be truthful. All descriptions, claims and comparisons which relate to matters of objectively ascertainable fact should be capable of substantiation…” According to Chapter III.4: “Advertisements should contain nothing which is in breach of the law…”


In the second case, ASCI felt that the claim in the ad “100% success or money back guarantee” was also misleading by exaggeration. As such, the ad contravened Chapters I.4 of the ASCI Code as well. According to Chapter I.4: “…Advertisements shall not contain statements or visual presentation which directly or by implication or by omission or by ambiguity or by exaggeration are likely to mislead the consumer about the product advertised or the advertiser…”

Open-and-shut case!
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