After a two month-long battle--through correspondence--on September 18, 1999, LG has sent a formal letter of protest to ASCI. In the letter, LG claims that the self-regulatory body has been ``totally unfair'' to the company in the handling of the case. At the same time, LG is modifying the ad before it is released for print on September 22, 1999.

The ad, which had been appearing since June 1999, read: ``Say goodbye to heat, dust, smoke and other air conditioners.'' But the controversy arose around the tagline: `The world's only Health Air ACs for cool, clean, healthy air.'

The genesis of the controversy

On July 23, 1999, LG claims to have received a letter dated July 16, 1999 from ASCI detailing a complaint regarding the LG air conditioners ad that appeared in the Hindustan Times in Delhi, on June 24,1999. The ASCI missive states: ``As per the complaint, the ad claims LG to be the world's only AC with three filters. The support for the claim `world's only' is completely missing.''

While the ASCI letter does not specify the name of the complainant, it goes on to say: ``Having three filters is an old industry standard, which the brand Samsung has already improved upon in terms of giving `Health Plus' to consumers...This means an anti-fungal and bacteria green coating to not only these three bio filters (anti-bacteria, deodoriser and anti-fungus electrostatic filters) but to all other components in their ACs (Samsung) with which the air contacts...The claim is misleading the consumer to believe that only LG has these three filters.''

Besides challenging the Samsung features, in a reply to ASCI, LG's letter, dated July 23, 1999, defended its ad. The company claimed that as ``nowhere has the ad claimed to be the `world's only AC' with three filters, hence we do not understand what is the issue.'' It alsocontested that having three filters was not an old industry standard as LG was the first to introduce this feature in the Indian market.

Requesting ASCI to treat the issue as closed, the LG letter held: ``Since the authenticity of our technical claims are not in question, we do not need to supply you any technical information as requested by you.''

Coming to a boil

In its reply dated August 13, 1999, ASCI then pointed out that it had requested the `complainant' to provide supporting information with respect to the comparison cited in the complaint. ASCI also asked LG to ``substantiate the precise claims actually appearing in your ad so that ASCI can deliberate on the complaint and the entire ad itself,'' by August 20.

LG claims that it did not receive this letter. However, LG does accept that it received a copy of the letter sent by ASCI to its ad-agency Ammirati Puris Lintas. In a reply faxed to ASCI on August 13, LG reiterated that at no point in its ad does it claim to be the world's only ACwith three filters. ``What the ad mentions is the presence of a deodorising filter and an electrostatic air purification unit, which can be physically seen as claimed in the LG air conditioner model LSD1860CL,'' says the letter.

Matters came to a boil on September 6, when ASCI conveyed to LG that in the absence of any response, the Consumer Complaints Council (CCC) had upheld the complaint and held that the LG ad contravened Chapter 1.1 of the ASCI Code: to ensure the truthfulness and honesty of representations and claims made by ads and to safeguard against misleading ads.

ASCI concluded that the claims of being `the world's only Health Air System air conditioners' and `LG Health Air System is the world's only AC that keeps you cool as well as safeguards your health' were not substantiated with a valid authentic survey report on the comparative status of various features cited in the ad.'' In view of this, ASCI asked LG to withdraw/modify the ad by September 20.

Fighting back

Stung to thequick, LG on September 18, 1999 despatched a letter saying that while ``in the interests of self-regulation in advertising'', it was modifying the ad by removing the words ``World's only,'' it felt the ruling had been ``unfair'' to the company on the grounds that ASCI had asked it to substantiate a claim -- of being the `world's only AC with three filters' -- which it had not made.

``To our surprise ASCI has upheld the claim on a point that is totally different from the initial letter dated July 6. We are ruled on a claim that LG Health Air System AC is the world's only AC that keeps you cool as well as safeguards your health, for which we were never given a chance nor asked to prove our point on the issue,'' runs the LG argument. Says Rajeev Karwal, vice-president, sales & marketing, LG: ``We have the highest regard for ASCI and will abide by its ruling. We have no intention of adopting a confrontational attitude. But we hope to be able to prove our point on the issue.''

When contacted, Samsung sourcesdenied any knowledge of the matter.A LG team is currently in Mumbai to take up the issue personally with ASCI even as a `modified' air conditioners ad is scheduled to appear in the Mumbai press on September 22, 1999. Will this finally clear the air?