Beam Suntory India - Teacher’s Packaged Drinking Water

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 replied seeking for an extension of time to submit their response. The deadlines stipulated by Consumer Complaints Council (CCC) procedure exist keeping in mind the immediate and widespread impact that advertisements have on the public. Consequently, any action which is needed to be taken with respect to the same is required to be prompt and urgent. It is for this purpose that the deadlines, as stipulated, are set for advertisers/broadcasters etc, and the CCC itself makes it a priority to deal with every complaint before it as expeditiously as possible. However, as a special gesture, the advertiser was granted an extension of additional four business days to respond. The advertiser in their response stated that, “The advertisement also makes no implied or express reference to Teacher’s Whisky or consumption of alcohol in any manner. The advertisement depicts occasions in context that are naturally water consumption led. The advertisement throughout uses the visuals of Teacher’s Water bottle, logo and description of category”. In support of their response, the advertiser submitted the following documents – (1) Letter of Authorization, (2) Teacher water Vs Teacher Scotch label, (3) FSSAI license, (4) Beam Global company certification, (5) Trademark certificate, (6) Deed of assignment, (7) Trademark application, (8) CA Certificate for sales turnover of the product, (9) Front and back of bottle label, (10) CA certificate for Media Spends across all media. The advertiser then had a telecon/meeting with the ASCI Secretariat via zoom video conference to discuss their submissions. The CCC viewed the Instagram advertisement (https://www.instagram.com/reel/DCI_elYsclG/?utm_source=ig_web_copy_link&igsh=MzRlODBiNWFlZA%3D%3D), considered the complaint and the advertiser’s response. The CCC observed that the advertiser is promoting “Teacher’s Packaged Drinking Water” which was launched in December 2022, and has been in the market for more than 2 years. The advertiser has submitted CA certificates for sales turnover and media spend for the product. The CCC discussed that the CA certificate demonstrates the sales turnover from the sale of Teacher’s Water since its launch in December 2022 up to December 2024. As a result, the advertiser has met the requirement of achieving the specified sales turnover per annum nationally for Teacher’s Water and, therefore, satisfies the criteria outlined in the Brand Extension Guidelines. Additionally, the media spend across all platforms for the 12-month period (from January 2024 to December 2024) is proportionate, in line with the Brand Extension Guidelines. The supporting data provided confirms that the advertised product meets the required criteria to qualify as a brand extension. Based on this evidence, the CCC concluded that the Instagram advertisement is not in contravention of ASCI Guidelines for Qualification of Brand Extension - Product or Service. This complaint was NOT UPHELD.