The healthcare sector has emerged as the leading violator of advertisement norms in India for the year 2023-24, according to the Advertising Standards Council of India’s (ASCI) Annual Complaints Report released on Wednesday. This sector accounted for 19 percent (1,569) of the 8,229 advertisements scrutinized by ASCI during the year.
Illegal offshore betting advertisements followed closely, contributing 17 percent of the total violations, while personal care advertisements constituted 13 percent. The report also noted a significant rise in complaints regarding misleading and norm-violative advertisements, which increased by 12.75 percent to 10,093 from 8,951 in the previous year.
Manisha Kapoor, CEO and Secretary General of ASCI, attributed the surge in healthcare sector violations to the increased focus and volume of advertisements in this area post the Covid-19 pandemic. She highlighted the shift in the primary media of these advertisements from hyperlocal print to digital platforms, significantly enhancing their visibility.
‘A lot of these ads used to be in very hyperlocal print. So whether it was to cure diseases like diabetes, cancer, or sexual problems etc., you would see a lot of these ads in hyperlocal newspapers,’ Kapoor explained. ‘But now, a lot of them are on digital media. The visibility of such advertising is now much more at the forefront.’
The report revealed that 86 percent of violative advertisements in the healthcare sector appeared on digital media. Kapoor emphasized the concern over this trend, considering the sector’s extreme vulnerability. Notably, 1,249 healthcare advertisements violated the Drugs and Magic Remedies Act, 1954 (DMR Act), with 91 percent breaching clause 3(b) related to sexual prowess enhancement claims.
The DMR Act prohibits the advertisement of ‘magic remedies’ for the treatment of certain diseases and disorders, including serious conditions like cancer, blindness, and diabetes. In addition to DMR Act violations, 190 advertisements from clinics, hospitals, and wellness centers made misleading claims about their services and chronic condition cures. Pharmaceutical companies contributed 129 ads with claims of prevention, cure, superior quality, and leadership, while the remaining violations involved medical supplies and health apps.
The offshore betting sector was the second-largest violator, with Kapoor noting the challenge of holding these advertisers accountable due to their international bases. ‘There is no contact, there is no website. In many cases, however, they are able to contact celebrities and celebrities are able to participate in all of that,’ she said. ASCI collaborates with the government to take down these violative websites.
Personal care advertisements ranked third in violations, with a significant portion being influencer-led. Influencer disclosure violations constituted 55 percent of the ads in this sector. Overall, influencer violations accounted for 21 percent of all ads processed, primarily in personal care, fashion & lifestyle, and food & beverage categories.
For the first time, the baby care sector made it to the top 10 list of violators, primarily due to influencers promoting products without disclosing material connections. 81 percent of the 91 processed advertisements in this sector were influencer promotions without disclosure. A striking 99 percent of these ads required modification, and 76 percent were not contested by advertisers.
The ASCI report underscores the need for stringent monitoring and enforcement of advertisement norms across sectors to protect consumer interests and maintain ethical advertising standards.
