Creative vs. credible: A look at brands that tried to exercise creative freedom a little too generously.
In the intricate dance of marketing and consumer trust, India has witnessed some of the most high-profile advertising scandals that have shaken the credibility of well-known brands. From health supplements to everyday consumer goods, the drive to sway customer choice has occasionally crossed the line, turning creative persuasion into deceptive practices.
This article delves into four glaring instances where celebrated brands found themselves entangled in the web of misleading claims. These controversies challenges the integrity of their messaging and the ethical boundaries of advertising in the Indian market.
Patanjali claims to offer cures without scientific proof
Image from Reuters
Founded in 2006, Patanjali Ayurveda became a hit in India with its wide range of budget-friendly Ayurvedic products. The brand won over health-focused, cost-conscious shoppers by incorporating the benefits of ancient Ayurvedic wisdom with their products. In 2017, Patanjali was crowned India’s top-trusted FMCG brand.
However, Patanjali experienced a fall from grace on November 21, 2023, when the Supreme Court directed the company to halt its advertising campaigns immediately. The court found that Patanjali’s product advertisements deceived consumers and contravened the Drugs & Other Magical Remedies Act.
The misleading advertisements promoted the AYUSH (Ayurveda, Yoga and Naturopathy, Unani, Siddha and Homeopathy) treatment system while disparaging allopathic or modern medicine. For instance, Patanjali released an ad saying, ​​“Misconceptions spread by allopathy: Save yourself and the country from the misconceptions spread by pharma and medical industry.” Moreover, it made unsubstantiated claims that Patanjali products could cure serious diseases such as heart conditions and asthma.
Despite the court’s warning, Patanjali did not comply. Instead, the company released an advertisement decrying allopathy as a “stupid and bankrupt science”. According to the Indian Medical Association (IMA), Patanjali further insinuated that allopathic medicine contributed to COVID-19 fatalities. According to the IMA, these claims disparaged modern medicine and fueled vaccine hesitancy during the pandemic.
As a result, a rigorous advertising ban was imposed, and a stern warning was issued against disparaging modern medicine. Ultimately, the Supreme Court ordered Patanjali to remove 14 products from its shelves associated with the misleading advertisements. This legal action culminated on April 30, 2024, when Patanjali issued a public apology acknowledging the issues raised.
Sensodyne wrongly claims the title of “world no. 1”
Sensodyne’s website
In January 2022, Sensodyne’s parent company, GSK Consumer Healthcare, a big player in India’s healthcare landscape, was called out by the Central Consumer Protection Authority (CCPA) for dubious claims. Sensodyne’s claims included endorsements by foreign dentists and assertions that the toothpaste provides sensitivity relief within 60 seconds.Â
Moreover, the CCPA questioned its claim of being the “world’s no. 1 sensitivity toothpaste”. Investigations revealed that these grand statements were supported mainly by surveys conducted among Indian dentists without considering a broader global perspective.
Consequently, in 2022, the company was fined INR10 lakh (about US$12,000). Following this, the CCPA mandated that GSK discontinue all advertisements for Sensodyne in India. As a result, Sensodyne removed and modified its ads.
Horlicks and its incorrect nutritional claims
Horlicks’ website
Horlicks, a beloved beverage with a longstanding presence in South Asian homes, has experienced robust growth in its product range and market share over the past 20 years. Despite being a household favorite among children, Horlicks faced scrutiny from the Advertising Standards Council of India (ASCI) in October 2016 for its exaggerated advertising claims. For example, one ad campaign claimed that Horlicks contains more immunity-boosting nutrients than its competitors.
Additionally, Horlicks Growth Plus was advertised as offering “natural” bone growth benefits. The ASCI dismissed these claims as baseless and unsupported by substantial evidence, noting that the product itself was artificially created.
This was not the brand’s first time being called out for misleading ads. In 2008, a Horlicks advertisement aired on the Nepali TV channel in the UK claiming consumers would become “taller, stronger and sharper” after consuming Horlicks. The British Advertising Standards Authority (ASA) found these claims to be unsubstantiated. It pointed out that while such claims might be acceptable in other parts of the world, they breached the UK’s strict advertising regulations due to a lack of supporting evidence.
In an interesting turn of events, a spokesperson from GSK Consumer Healthcare in India—the parent brand of Horlicks—explained that the advertisement was broadcast without its knowledge. Additionally, it was noted that the advertisement was not meant for the UK audience, since the product featured was not available in that market. The ASA was informed about this issue, and GSK’s position was acknowledged.
This incident highlighted the importance of Horlicks carefully navigating the complex landscape of advertising regulations globally.
Naaptol slammed for creating artificial scarcity
Naaptol’s website
Naaptol, born in 2008, quickly expanded from telemarketing to an omnichannel retail giant. By 2018, it had invested US$1.5 million (INR10 crore) to open 100 stores. With over 470 brands on its platform, Naaptol was thriving.Â
However, the CCPA’s hammer came down hard, slapping Naaptol with a US$12,000 (INR 10 lakh) fine and orders to cease all ads—be it about magnetic knee supports, instant pain relief gadgets, acupressure slippers or gold jewelry that wasn’t quite as golden as viewers were led to believe.
The CCPA demanded that Naaptol address consumer grievances lodged between May 2021 and January 2022 and serve a compliance report by February 17, 2022. At the time, the National Consumer Helpline received 399 complaints against Naaptol regarding its misleading prices and ads.
Just about two weeks after CCPA’s notice, Naaptol removed its ads and took “corrective steps”.
A lesson in truthful advertising
India’s top ad scandals serve as a stark reminder: honesty isn’t just the best policy—it’s the only policy in advertising that sustains brands in the long run. Hyperbole, misleading information or disparagement of rivals can lead to short-term gains but invite long-term trust issues and legal woes. As the line between persuasive and deceptive blurs, brands must stand firm on the ground of truth.
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Header Image from Freepik
