PepsiCo India Holdings Private Limited - Mountain Dew

Recommendation: Not Upheld | Medium: General Public

The ASCI had approached the advertiser for its response in addressing the grievances of the complainant and forwarded the details of the complaint, verbatim, to the advertiser with a request to respond to the same. The advertiser was offered an option to seek an Informal Resolution (IR) of the complaint by modifying or withdrawing the advertisement. The advertiser was also offered an opportunity for a telecon with the ASCI Secretariat, which they did not avail and submitted their response. The advertiser in their response stated that the TVC is a work of creative expression. It is being portrayed in the TVC that the protagonist is able to do the jump due to his courage to overcome fear, which is the overall brand philosophy of Mountain Dew. The Consumer Complaints Council (CCC) viewed the advertisement, considered the complaint and the advertiser’s response. The CCC discussed that the phrase, “Zyada Mountain Dew, Zyada Himmat” functions as a marketing tagline and is intended as a creative expression reflecting the brand’s long standing philosophy of courage, rather than a literal claim that the product imparts physical strength. The stunts shown in the advertisement are hyperbolic with disclaimers indicating that they are performed under expert supervision and should not be imitated. The CCC further noted that the advertisement is not targeted at children or that it encourages unsafe consumption. The advertisement is a work of creative expression, and does not mislead viewers or convey any harmful message. The CCC considered the objection regarding the disclaimer in Hindi appearing in the advertisement – “यहाों दिखाए गए स्टोंट ग्रादिक रूप से तैयार दकए गए हैं और/या दििेषज् ों की िेखरेख में दकए गए हैं। कृपया नकल करने का प्रयास न करें। रचनात्मक दृश्य।”. The CCC noted that the disclaimer is displayed prominently, in contrasting colors, and for a duration exceeding the minimum requirement prescribed under the ASCI Guidelines for Disclaimers, ensuring that it is legible and informative for viewers. Based on these observations, the CCC concluded that the advertisement is not in contravention of the ASCI Code, and ASCI Guidelines for Disclaimers made in supporting, limiting or explaining claims made in Advertisements. This complaint was NOT UPHELD.