I had written an article in this series sometime back, which was titled. “
When Smart People Act Stupid” It would seem that there were many readers who felt that I had dealt with the subject in a humorous, and trite manner. This is a subject that is also serious because the levels of misleading claims and advertising that are being made in the present environment are really mind-boggling. This is so, especially in a country like India, where the checks and balances are not yet fully in place.
This is why Anindita Mehta, who is chief executive officer (CEO) of the Consumer Education and Research Society (CERC) in Ahmedabad and also a trustee of Consumers’ International, wrote to me giving me a list of products that have been making wild claims. This has been pointed out by CERC to monitoring agencies like the Advertising Standards Council of India and the central consumer protection authority (CCPA) and some action is taken, some of the time.
Ms Mehta wrote about Complan. The claim in the advertisement of the product was that one can grow two times after taking Complan, which is misleading and violates Section 24 of the FSS Act, 2006. Complan also declares that it improves memory with memory chargers and brain chargers. The product label shows pictures of students with books, which will mislead the public that after taking this drink, they will become very good at their studies. Surprisingly, the product comes from a company like Heinz India, which has been one of the most reputed pharmaceutical companies in India.
She also talks about Boost - the claim that Boost provides three times more stamina, than a regular chocolate drink. This is misleading and violates the same section quoted above. The producer has not submitted any specific study on this product to substantiate the claim.
Horlicks is another product coming from a well-reputed organisation and claims that after taking Horlicks, children become taller, stronger, sharper ‘– which is deceptive in nature and also violates Section 24 quoted above.
Ms Mehta mentions Emami – healthy and tasty Soyabean oil. The label contains a picture in which it is written: 7 stage, European refining technology, Suraksha Shakti, which violates Clause 2.3.1.5 of FSS in (packing and labelling) regulations, 2011.
The CEO of CERC mentions Engine mustard oil, which claims ‘health and vigour’ and ‘cholesterol 0 g’ in the advertisement – which is misleading. Exclusive ‘nutria lock’ makes the tablet easier to swallow. Both these claims are misleading and deceptive in nature.
Nutri Charge Men: Their claims like ‘Enhance your energy, stamina, and immunity with smart nutrition’, and ‘Smart nutrition means Nutri charge powered by 10 vitamins, 11 minerals, 11 antioxidants and 3 amino acids, for heart, and brain health’, are misleading and deceptive in nature.
There is another international consumer product giant Kellogg, which claims that research shows that people who eat low-fat breakfasts like Kellogg’s Special K, tend to be slimmer than those who don’t – again misleading and deceptive.
Ms Mehta also lists Britannia Nutrichoice biscuits. The claims on advertisements like no sugar, complex carbohydrates, diabetic friendly, are misleading and these commercials violate Section 24 of the FSS Act.
Kellogg’s Extra Muesli has a label that appears as if it contains a number of fruits. This type of label is misleading which gives the idea that the said product contains so many fruits – which it doesn’t.
There are also the Bournvita Little Champs. The producer has claimed the presence of DHA in their product and its benefits which have not been proven. A claim that is deceptive.
There is the Nutrilite claim that if you’re not taking a truly adequate and well-balanced diet, the Nutrilite daily may be a convenient supplement. Pegged as a once-a-day choice for supplemental nutrients that you have been looking for because “each tablet supplies 13 vitamins,11 minerals and phyto factors plant compounds from Nutrilite exclusive plant concentrates’. What more can one ask for?
And then there is the Kissan creamy spread with the claim that it contains three times more essential nutrients than regular butter, which is misleading.
Not to be outdone, Rajdhani Besan has a newspaper advertisement with a heart logo and slogan ‘Karlo dil se dosti’ (again a claim which is misleading as per Section 24 of the FSS Act.)
The list can go on with many others breaking all the barriers with misleading advertising and tall claims. Even a company like Nestlé with its Nestlé Oats Maggi is a well-known brand and is touting its oats version as healthy. But CERC testing/ label studies showed that this Maggi Oats contains only 6% oats and the rest 94% is maida! (refined flour).
What will those millions of ignorant or not-so-careful consumers, all over India, do? Unlike in the UK or in the USA, we do not take advice from our consumer organisations seriously, and government agencies are overwhelmed by complaints and always seem to be doing ‘not enough’.
All of the above got me to write this article, of ‘why some smart people seem to successfully manage the large number who want to act stupid ‘.
(Walter Vieira is a Fellow of the Institute of Management Consultants of India - FIMC. He was a successful corporate executive for 14 years, capping his career as Head of marketing for a Pharma multinational, for India, Bangladesh, Sri Lanka- and then pioneered marketing consulting in India in 1975. As a consultant, he has worked across four continents. He was the first Asian elected Chairman of ICMCI, the world apex body of consultants in 45 countries, in 1997. He is the author of 16 books, a business columnist, international conference speaker and has been visiting professor in Marketing in the US, Europe, and Asia for over 40 years. He was awarded Lifetime Achievement Award for Consulting in 2005, and for Marketing in 2009. He now spends much of his time in NGO work - Consumer Education and Research Centre, IDOBRO, and some others.)
