Mars International India Pvt Ltd - Snickers

Recommendation: Upheld | Medium: Suo Motu - NAMS (TAMS)

The ASCI had approached the owner of the brand - advertiser (Mars International India Private Limited) and the influencer (Nikhil Rao) for their respective responses in addressing the objections raised in the complaint. The owner of the brand and the influencer were also offered an opportunity for a telecon with the ASCI Secretariat, which they did not avail. The brand owner acknowledged ASCI’s communication and ensured to respond within a week’s time. As a special gesture, the advertiser was given two business days to provide their response. The advertiser in their response stated that, “It is also pertinent to note that neither is Mr. Rao a verified user on LinkedIn nor does he consider himself to be an influencer. ………… Mr. Rao has additionally made a disclaimer stating at the very beginning of the post his association with Mars. Mars had incorporated the disclaimer clearly inter-alia stating that “... These stunts are performed either by professionals or under expert’s supervision, don’t try this at home and/or at any other place”. Accordingly, Mars’ intention is to discourage people, particularly children, to not emulate the stunts performed in the advertisement and that is why the disclaimer is added to the advertisement (which is the intention behind a disclaimer to begin with)”. Regarding the Celebrity Guidelines, …………we believe they are not applicable in this case as these guidelines pertain only to claims made about the product in the advertisement”. The advertiser also had a telecon with the ASCI Secretariat to discuss their submissions. In support of their response, the advertiser provided the following documents – (1) Mr. Rao's Linkedin profile homepage, (2) Screenshot of Mr. Rao's Post – modified Ad, (3) Self Declaration certificate for advertisements on TV channels, Internet (video). The Consumer Complaints Council (CCC) viewed the LinkedIn advertisement (https://www.linkedin.com/posts/nikhilrao2_proudlymars-snickersindia-activity-7219222991463702528-clW_/?utm_source=share&utm_medium=member_desktop), considered the complaint and the advertiser’s response. The CCC discussed that the advertisement does not carry any disclosure labels as appropriate to the post, such as “Advertisement”, "Ad", "Sponsored", "Collaboration", “Partnership”, "Employee", "Free Gift", “Affiliate”. The influencer / owner of the brand has not disclosed details regarding any material connection, monetary or non-monetary between themselves nor does it indicate whether or not the influencer was paid to post the details of the advertiser’s product. In the absence of a disclosure label, the advertisement is misleading by omission and exploits consumers’ lack of knowledge. The CCC observed that the advertisement opens with a celebrity (Rohit Shetty) coaching a young boy in a Hungal Driving School. The boy is shown carelessly driving a four-wheeler on the road amid traffic. When he manages to get control of the car again, he races it down a set of stairs and into a busy fish market. The closing scene depicts the car landing on a boat in the middle of the sea. The CCC further observed that the advertisement carries a disclaimer which says, “Consumption of the product will not result in any change in personal attributes such as intelligence, physical ability, or exceptional recognition. These stunts are performed either by professionals or under expert’s supervision, don’t try this at home and/or at any other place”. The CCC discussed that the advertisement promotes reckless driving which could injure the driver, passenger (the instructor) and/or the general public. This shows a lack of concern for safety. The dangerous acts shown are not acceptable even if done by experts and trained professionals. These acts cannot be performed at any given point of time whether off road or on road. The CCC further discussed that the advertisement is made for general viewers who may consider this as an ordinary situation. The reality is that consumers especially youth could be encouraged to attempt these acts which may lead to accidents on the road. The CCC deliberated that regardless of the disclaimer, the visuals shown in the advertisement depict dangerous and unsafe practices, manifests a disregard for safety, and encourages negligence. The CCC observed that the disclaimer (in English) is not mentioned in the same language as that of the advertisement (which is in Hindi). The CCC discussed that as per the ASCI’s Celebrity Guidelines, “all advertisements featuring celebrities should ensure that it does not violate any of the ASCI code in letter and spirit. Celebrities are expected to have adequate knowledge of these Codes”. The advertiser did not provide evidence that the celebrity (Rohit Shetty) appearing in the advertisement was made aware of the ASCI Code prior to endorsing the product advertised – `Snickers chocolates’. Based on these observations, the CCC concluded that the advertisement contravened Chapter I, Clauses 1.4 and 1.5, Chapter III, Clause 3.3 of the ASCI Code, Clause (b) of the ASCI Guidelines for Advertisements Depicting Automotive Vehicles, Clause 1, 1.1(a) and 1.3(a) of the ASCI Guidelines for Influencer Advertising in Digital Media, Clause (b) of the ASCI Guidelines for Celebrities in Advertising, and Clause 4 (I) of ASCI Guidelines for Disclaimers made in supporting, limiting or explaining claims made in Advertisements. This complaint was UPHELD. The CCC noted that the advertiser has modified the advertisement by adding a disclosure label at the start of the advertisement.