Ref : E&R/Press/2004/Oxyrich Ad/Sam-DG

CERS Complaint against ‘Healthy Drinking Water’ Ad Admitted

The Consumer Disputes Redressal Forum, Ahmedabad City, admitted a complaint filed by Consumer Education and Research Society (CERS), Ahmedabad, against Oxyrich Healthy Drinking Water, wrongly advertised as a product containing “300 per cent more oxygen”.

Oxyrich is promoted by Dhariwal Industries, Pune, a Manikchand Group company and advertised in the print and electronic media and hoardings in Ahmedabad.

Earlier, CERS in a complaint to the Advertising Standards Council of India (ASCI), Mumbai, had described the mainkchand’s Oxyrich Healthy Drinking Water advertisement as misleading. Upholding the CERS view, ASCI had asked Manikchand to modify or withdraw the advertisement.

The CERS to ASCI had contended that “having a certain amount of oxygen at the time of packing does not imply that the same amount would be available to the consumer when he opens the bottle. While oxygen is good for the body, it can only be absorbed through the lungs. Oxygen in the stomach could only amount to any other gas and is not absorbed into the body. So this brand of water cannot be called a truly healthy drinking water simply because there is extra oxygen in it.”

Before taking up the complaint to ASCI, CERS had asked Manikchand Group Chairman R.M. Dhariwal to clarify “How Manikchand’s claim that Oxyrich ‘reduces fatigue, improves alertness of mind and improves immune system?’.

CERS further inquired of Manikchand,“What oxygen content would remain in the water by the time the consumer would open the bottle or by the expiry date; also how long would the oxygen remain in the water after uncorking and in what quantity ?”

Manikchand did not reply.

ASCI had asked Manikchand Group of Companies to give its comments on the CERS’ complaint. A 20-member Consumer Complaint Council of ASCI concluded that the claims mentioned in the advertisement were not substantiated.

But, showing “scant regard” for ASCI’s decision, Manikchand Group of Companies continued to release its advertisements.

In the circumstances, CERS in the interest of protecting consumers, had no option but to appeal to the Forum to direct Manikchand Group to respect ASCI’s decision and stop issuing such advertisements in contravention of the Consumer Protection Act 1986. CERS prayed to the Forum to direct Manikchand Group of Companies to issue corrective ads of the same size in the same newspapers, visual media and hoardings to neutralise the effect of the misleading ads.

Date : 17/08/2004
Place : Ahmedabad

Pritee Shah
Editor
INSIGHT - The Consumer Magazine

Enclosure: Copy of Oxyrich Ad

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Opinions, test results and research findings issued through this Press Release cannot be used in any form directly or indirectly for advertising, promotional or commercial purpose.

CONSUMER EDUCATION AND RESEARCH SOCIETY
“Suraksha Sankool”, Thaltej, Sarkhej-Gandhinagar Highway, Ahmedabad- 380 054 (INDIA)
Phone: 079-27489945-46 Fax: 079-27489947
E-mail: cerc@wilnetonline.net
Web Site: http://www.cercindia.org
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