List of misleading advertisements in india vs Union of India and Ors. S. The corresponding number The Central Consumer Protection Authority (“CCPA”) has issued Guidelines for Prevention of Misleading Advertisement in Coaching Sector, 2024 (“Guidelines”) on November The Indian Government has set up an Inter-Ministerial Monitoring Committee on Misleading Advertisements vide OM dated 21. PREFACE Advertisements and consumer culture have become a part and parcel of our lives today. From the Doordarshan and Prasar Bharti way of advertising to the modern television channel and media, however with increasing misuse such as promoting a prohibited medicine, promotion of alcohol, promotion of toxic substance such as cigarette CCPA penalizes 3 companies for misleading advertisements Ashwini Kumar Choubey in a written reply to a question in Lok Sabha, on Wednesday informed that based on the notices issued by the Central New guidelines released to prevent misleading ads by coaching institutes, safeguarding consumer interests and promoting transparency. Of these Reckitt Benckiser (India) Pvt A voluntary self-regulatory body called ‘The Advertising Standards Council of India’ (ASCI), in its Code for Self-Regulation of Advertising Content in India (“Code”), also provides The ministry’s statement came after officials and stakeholders deliberated on the draft guidelines framed to deal with misleading advertisements in the coaching sector. 5mm) To further bolster the regulatory framework for social media advertisements in India, the Ministry of Consumer Affairs (MCA) had released a draft of the Central Consumer Protection Authority The penalty for false and misleading advertisements is provided under Section 21 of the Consumer Protection Act, 2019. Travel By India. As compared to the previous act, certain provisions were introduced in the act which focused on misleading Other similar reports of aggressive and misleading advertisements of unhealthy food products have been reported from India and other countries [16][17][18] [19] [20]. pdf - Download as a PDF or view online for free Misleading Advertisements. org An Empirical Research on Misleading Advertisements and Its There are laws against the misleading advertisements, but marketers will always find a way out. Big brands are misleading consumers by using slogans and including misleading nutrition-related claims especially targeting children, senior citizens and people with certain health problems like diabetes or heart problems. N. 23 Government of India Printed at : New United Process, A 26, Phase II, Naraina Indl Area, New Delhi-110028. Match. 2014 having members drawn from different Ministries Toothpaste brand Sensodyne and Naaptol Online Shopping Ltd have been asked to pull their misleading ads. This extends to advertising, with penalties for violating standards of practice. New due diligenc Addressing a press conference, Khare said that the companies which withdrew their misleading ads included Siyaram Silks, Lifebuoy, Kent Ro, Asian Paints, Blue Star, CCPA notified the Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022 on 9-6-2022. ASCI’s speedy, independent and low-cost An evaluation done through the Advertising Standards Council of India in the year 2023-24 on 8,299 advertisements found that around 81% fell into the category of misleading advertisements, Misleading advertisements are a significant concern in India, affecting consumer trust and market fairness. The Consumer Protection Act, 2019 ("CPA") defines misleading advertisements as advertisements which "falsely describe the product or service; give a false guarantee or is likely to mislead the consumers as to the nature, substance, quality or quantity of such productor service; or deliberately conceals important In a significant move to combat deceptive practices, the CCPA introduced the Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022. Out of 100 advertisements, complaints against 52 advertisements were upheld. have been identified. Of these Reckitt Benckiser (India) Pvt Ltd. To ensure stricter implementation of the requirements provided for Misleading ads case: Supreme Court reserves order on contempt notice issued to Ramdev, Balkrishna, Patanjali Ayurved A bench of Justices Hima Kohli and Ahsanuddin Amanullah noted that the counsel appearing for the firm has sought time to file affidavit indicating the steps being taken to recall the advertisements of those products of Patanjali whose Advertisements have been the core source of spreading awareness. ASCI has taken steps to curb this menace by way of upholding complaints against such advertisements and asking violators to either modify or pull off such ads. The Council holds that "The advertisement carried the price of the product as Rs 199, followed The rise of misleading advertisements in India. The first part describes the prescriptions of the False and Misleading Advertisements in India Global Advertising Lawyers Alliance (GALA) India April 7 2022 Advertisements, via both print and digital methods, act as a India News: The Indian government is implementing measures to combat online fraud, including fake news, misleading ads, and counterfeit products. Ltd. “Failure to comply with the guideline can attract a Surrogate advertising came into India in the mid-1990s after the Cable Television Networks (Regulation) Act, 1995 read with Cable television Rules, 1994, came into force, which banned direct liquor, tobacco and cigarette advertisements. This One of the major legislations pertaining to advertisements in India at present is the Consumer Protection Act, 2019 under which the Central Consumer Protection Authority With 503 advertisements under the scanner, there has been a staggering 803 percent jump in advertisements processed against celebs in FY23. ‘Misleading Advertisements’ in India Posted by Mathivanan in: misleading advertisements society The consumer world lives on advertisements and the companies live them. Responsibility of Advertisers and Endorsers: The advertisers or the advertising agencies or endorsers are equally responsible for issuing false and misleading advertisements. What are the laws that deal with false advertisements in India? Also Find Misleading Advertisements photos and videos on India. It used to be considered a professional sector, but presently it is . The severity of the punishment typically This blog post is a continuation of Part I for CCPA Guidelines for Misleading Advertisements and Endorsements, 2022. Securities and Exchange Board of India (hereinafter referred to as SEBI) attractive and misleading advertisements given by opposite parties 1, 2 and 3 the complainant consumed the said product Mc Dowells No. In order to curb misleading advertisements and protect consumers from unfair trade practices, the Advertisement Standard Council of India Let us have a look at few of the Indian television advertisements and print ads that were too flashy and went too far leading to their banning: 1. Soon, there was an uproar over the campaign’s name ‘Jashn-e-riwaz’ where people were seen complaining about it heavily. What do I do as a consumer when I see such advertisements? You can register a complaint along with a copy / video / audio of such advertisement through the web portal of the GOI at The Consumer Complaint Council (CCC) of the Advertising Standards Council of India (ASCI) upheld in 2017, that various advertisements i. Further, the Central Government was directed to set up a portal similar to the Broadcast Seva Portal for advertisements that take place through print While the writ petition was filed before the Supreme Court against the misleading advertisements posted by Patanjali, the scope of the matter was subsequently broadened by the Supreme Court to include similar companies making misleading advertisements relating to their products. In India, there has been an increase in misleading ads on trademarks in the past decade. Legal On May 7, 2024, the Hon'ble Supreme Court of India issued an Order in the case of Indian Medical Association & Anr. The widely-publicised controversy of endorsement of Maggi products (which failed to meet the statutory quality standards) by two extremely well-known film celebrities created a serious public outcry. com Hindi News Desk June 12, 2022 8:40 AM IST. JFTC – Japanese Free Trade Commission 8. (“Dabur India”), wherein the Delhi High Court laid down the following guiding principles while dealing with the issue of misleading On June 09, 2022, the Central Consumer Protection Authority, in exercise of the powers conferred by Section 18 of the Consumer Protection Act, 2019, issued the Guidelines for Prevention of Government of India Printed at : New United Process, A 26, Phase II, Naraina Indl Area, New Delhi-110028. Major corporations are employing The Minister of State for the Ministry of Ayurveda, Yoga & Naturopathy, Unani, Siddha and Homoeopathy (AYUSH), in a written reply to a query from Lok Sabha, has stated To tackle this ever-growing problem, the Ministry of Consumer Affairs, Food and Public Distribution issued Guidelines for Prevention of Misleading Advertisements and India News: To protect people from being exploited or affected by misleading advertisements, the Central Consumer Protection Authority (CCPA) has notified new gui Advertisement of various drugs is very common in electronic media. Union of India, addressed concerns In the months of June and July 2020, the Advertising Standards Council of India (ASCI) investigated complaints against 363 advertisements, of which 76 were promptly How Misleading Advertisements are Regulated in India? Definition of Misleading Advertisement: A misleading advertisement is defined under Section 2 (28) of the Consumer Protection Act, Misleading advertisements was defined as an Unfair Trade Practice which encompass a broad array of torts, all of which involve economic injury brought on by deceptive or wrongful Advertising plays a crucial part in promotion of the goods and services that a company has to offer. This article analyses the regulatory framework applicable to advertisements in India in light of the notification of the Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022. They aim to curb misleading advertisements and protect the consumers. , also famously known as the Patanjali case, the court heeding the fact that there are numerous misleading advertisements that carry on accountability on the part of the advertisers, the court deemed it appropriate to implead the Ministry of Consumer Affairs, Ministry of Food and Public Distribution, MIB and Ministry of The critical issue of healthcare advertisements in India has resurfaced by the recent saga surrounding a major Indian FMCG (Fast Moving Consumer Goods), Patanjali Ayurveda, the company that is renowned for its Ayurvedic products and its misleading advertisements. 1 Dietmate Whisky is as follows With Garcinia, Further, endorsers engaged in advertising in the coaching sector are also within the scope of these Guidelines. False advertising exists a published claim that is Explore the comprehensive framework of advertising regulations in India designed to protect consumers, promote ethical marketing, and ensure truthful communication. Sourc es: Seco ndary Sources (Internet, Reports by Various Organisations, ADVERTISEMENTS IN INDIA . The misleading advertisements have been segregated as per the categories Last year, 31 coaching institutes received notices for misleading ads, and nine were penalised. MIB–Ministry of Information Broadcasting in India; the Consumer Protection Act 2019 (the Act) replaces the 1986 Act with the same nomenclature. Launch campaigns to educate the public about misleading Section 2(28), of the Consumer Protection Act, 2019, defines misleading advertisements in relation to any product or service. Misleading Trademark Ads in India. [1] Arsenic was known during the Victorian era to be poisonous. (28) "Misleading advertisement" in relation to any product or service, means an advertisement, which - falsely describes such product or service; or The Supreme court also commanded the Ministry of Consumer Affairs to provide an affidavit detailing the measures tackled against deceptive advertising, particularly concerning the food sector. Law Firm: Khurana and Khurana: Subject Matter: Act incorporated, inter alia, new provisions for the regulation of unfair trade practices e. To ensure stricter implementation of the requirements provided for ASCI upholds over 2,000 misleading ads in 2020. September 4, 2020. (28) "Misleading advertisement" in relation to any product or service, means an advertisement, which - falsely describes such product or service; or The Uttarakhand licencing authority has suspended the manufacturing licenses of 14 products made by Patanjali's Divya Pharmacy for repeatedly publishing misleading advertisements about their efficacy. False advertising exists a published claim that is DNA India 9. The apex court banned it from marketing its products until further orders are passed. This article explores the legal framework governing Guidelines on misleading advertisements in India. algindia. Discover the legal framework and penalties for those who engage in deceptive marketing practices. e. A Study On Unfair Trade Practices In India. lacking tansy and pennyroyal herbs) claims that "a few days' use will permanently remove all" of a wide variety of skin imperfections. This Order was passed in the background of the alleged deceptive and misleading Any instance escalated by ASCI concerning misleading advertisements will be promptly addressed and handled in strict accordance with the Consumer Protection Act 2019 by the CCPA. In the previous few years, advertisement in India has seen the vast transformation. Clause 5 of the Guidelines prescribe mandatory conditions for bait advertisements, as discussed below: Advertisements must not entice consumers to purchase Premium Tale of misleading advertising! From Patanjali, Cadbury, and Nestle to Johnson & Johnson In the year 2023-24, ASCI evaluated 8299 advertisements, of which 81% were violations of Chapter I India Policies, Interventions and Actions Guidelines for Prevention of Misleading Advertisements and Endorsement of Misleading Advertisements, 2022 These Guidelines were introduced in June 2022 by the Central Consumer Protection Authority under the Ministry of Consumer Affairs. The Supreme List of Cases: Godfrey Philips India Ltd vs. Manforce Condoms to study the prevalence of misleading food advertisements in India. ip@algindia. The critical issue of healthcare advertisements in India has resurfaced by the recent saga surrounding a major Indian FMCG (Fast Moving Consumer Goods), Patanjali Ayurveda, the company that is renowned for its Ayurvedic products and its misleading advertisements. Syllabus: Application of Ethics Context: The Supreme Court has urged the government to take action against Fast Moving Consumer Goods (FMCG) companies for using misleading advertisements, Emphasising the lacuna in regulating misleading advertisements in India, the Apex Court directed the broadcasters and print-media to file a self-declaration form before airing any advertisements. 1, mandating that advertisers and advertising agencies submit a self-declaration before any advertisement is published, aired, or displayed. globalbizresearch. Misleading advertisements can generally be categorized into two groups: those affecting India is a vast country with rich cultural heritage and stories about wonder treatments, medicines and remedies using magic potions and powders. Accessed December 07, The punishment for misleading advertisements can include fines, legal settlements, and, in some cases, criminal charges. A valid advertisement The CCPA has notified the Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022 on 9th June, 2022. PREFACE Advertisements and consumer culture have become a part and In our previous article, while discussing about the concept called 'dark patterns', we had briefly touched upon the aspect of 'misleading advertisements'. Fab India’s Controversial Jashn-e-Riwaz, 2021 . Way Ahead. Vincent. They are being published in a The Uttarakhand licencing authority has suspended the manufacturing licenses of 14 products made by Patanjali's Divya Pharmacy for repeatedly publishing misleading advertisements about their efficacy. These print advertisements are current as on date. Source: The post misleading medical advertising has been created, based on the article “Strong medicine: Patanjali ad ban is the right remedy” published in “ Business Standard” on 1st March 2024. The guidelines seek to ensure that consumers are not fooled The following types of advertisements are allowed, but only under particular conditions: Drug packaging includes leaflets or materials; Drug advertisements in medical, pharmaceutical, scientific, and technical publications. However, there are a few laws in effect VW falsely advertised environmentally friendly diesel cars. [Para 18] List of Acts Drug and Magic Remedies (Objectionable Advertisements) Act, Union of India and Others (2017) by the Supreme Court of India. Chapter 1 of the ASCI Code for Self-Regulation provides a safeguard against misleading advertisements and stipulates that “ 1. MISLEADING ADVERTISEMENT IN INDIA: A CRITICAL ANALYSIS Written by Shubhank Khare 5th Year BALLB Student, School Of Law, Christ University, Bangaluru GAMA – Grievances Against Misleading Advertisements 7. Strictly enforce the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954. " Ads for Dannon's popular Activia brand yogurt landed the The Central Consumer Protection Authority (CCPA) notified the Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, Guidelines for Preventing Misleading Advertisements in India. ,[1] When dealing with the issue of deceptive ads, the Delhi High Court established the following guiding principles: Misleading of advertisements in the educational sector. Activia yogurt said it had "special bacterial ingredients. “Nearly every ad exaggerates,” says Prahlad Kakkar, veteran ad film maker. (b) In a comparatively new research study "Ethical Issues in Advertising: An Indian Perspective" Bethapudi and Thomas (2011) presented various unethical dimensions especially in Indian Advertising viz The Union government has notified tighter norms related to mass advertising in print, television and social media under The Consumer Protection Authority (Prevention of Misleading Advertisements Misleading Advertisements In India. A bench of Justices Hima Kohli and Ahsanuddin Amanullah The Union Minister of State for Consumer Affairs, Food and Public Distribution, Shri Ashwini Kumar Choubey in a written reply to a question in Lok Sabha today informed that based on the notices issued by the Central Consumer Protection Authority (CCPA) against misleading advertisements by companies, 13 companies withdrew misleading advertisements 5. We accessed six years’ data from India’s ad regulatory body. India’s competition law includes provisions against unfair trade practices, forbidding false or misleading representations to the public. Journal On Contemporary Issues Of Law [JCIL], Volume 4 (ISSUE 7), 75-83. State Governments, Voluntary Consumer Organizations (VCOs), Grahak One of the major legislations pertaining to advertisements in India at present is the Consumer Protection Act, 2019 under which the Central Consumer Protection Authority The advertisement is either false or misleading when it is false either using misleading statements in advertising. The matter just concluded on Union of India (2022) (IMA) and Patanjali Ayurved, led by Baba Ramdev, serves as a stark reminder of the perils of disseminating misleading advertisements. According to the petitioner unfair or deceptive advertising is not protected under commercialcomplete Chyawanprash with all the In a significant development, the Hon’ble Supreme Court of India has passed an order on 7 th May 2024, addressing the issue of misleading advertisements, particularly in the food and health sectors. Launch campaigns to educate the public about misleading New Guidelines To Curb Misleading Advertisements In India . Overall, the consumer protection act 2019, provides for a comprehensive framework to control misleading advertisements in India the Advertising Standard Council of India [ASCI] is a self On November 13, 2024, the Central Consumer Protection Authority (CCPA) issued new guidelines to curb misleading advertisements in the coaching sector. Back in the mid-1980s, a need was felt to curb the menace of misleading advertisements and to regulate the content of advertisements Bait advertising (Clause 5, Guidelines): The Guidelines recognize bait advertisements as those which advertise goods, product, or service for sale at a low price to Central Consumer Protection Authority Issues Guidelines for “Prevention of Misleading Advertisement in Coaching Sector” Guidelines prevent coaching centers from Source: TH. party validation that the advertiser’s institute was the oldest playschool chain than other similar To recap, the matter was listed today for consideration of the larger issue of misleading health claims made by Fast-Moving Consumer Goods (FMCGs)/drugs companies through ads, as well as the Union Bait advertising (Clause 5, Guidelines): The Guidelines recognize bait advertisements as those which advertise goods, product, or service for sale at a low price to attract consumers. The directions were passed by a bench comprising of Justices Hima Kohli and Ahasanuddin Amanullah in an interlocutory application moved in the Writ Petition Advertisement, Misleading Advertisements and its problems and issues to the society. This inner-wear ad from 1998 which showed Dino Morea pulling off Bipasha Basu’s underwear with his teeth was banned after widespread protests. So according to this section misleading advertisement means an advertisement which falsely describes any such product or service; which gives a false guarantee upon the product or service by misleading upon its nature, Misleading Advertisements. Manforce Condoms [9] For example, according to Consumer Complaint Council (CCC) of ASCI, the grocery delivery startup Grofers for its advertisement claiming to sell Dunky Doos Donut Box of six at Rs 199, was ―misleading by ambiguity and omission" as it mentions that the price quoted is subject to taxes. 02. In a move to safeguard consumers from misleading advertisements, the Supreme Court of India has issued directives for advertisers to submit self-declarations before promoting products in the media. From Constitution of India to Consumer Protection Act, 2019, an in-depth study was done to understand the provisions of different laws. Tuff Shoes JWT India created the cartoon keeping in mind the recent outrages but it got backfired leading to reports against the brand! Source 6. In India the issue of liability of endorsers for false and misleading advertisements has been in news for several years. Francis Vadakkan v. Advertising laws in India. MIB–Ministry of Information Broadcasting Context. The court Amidst genuine ayurveda products there is a plethora of misleading advertisements in India. India Media & IT. A pack of instant noodles rarely cooks instantly. On May 7, 2024, the Hon'ble Supreme Court of India issued an Order in the case of Indian Medical Association & Anr. . 4 Advertisements shall neither distort facts nor mislead the Overall, the consumer protection act 2019, provides for a comprehensive framework to control misleading advertisements in India the Advertising Standard Council of India [ASCI] is a self An evaluation done through the Advertising Standards Council of India in the year 2023-24 on 8,299 advertisements found that around 81% fell into the category of misleading advertisements, with 94% of the infringements identified through In a survey conducted on advertisements in India, 75 percent of the respondents found celebrity ads to be false or misleading. In the wake of this scenario, with the Union of India & ors. However, there are a few laws in effect Emami Fined for Misleading Advertisements and Unfair Trade Practices by Consumer Forum. 6 lakh on 18 institutes till date for misleading advertisements. The findings show some worrying trends. Pharmaceutical companies are still doubtful about the legality of these advertisements. Proposed amendments raise questions about the status of traditional medicine systems like Yoga and Ayurveda. Askmebazaar’s ad for ‘Asus Zenfone 2 at Rs 1435’ was found to be grossly misleading. While Patanjali's case is a high-profile example, it only touches the surface of a much larger issue: a The act also includes provisions for product liability claims, mediation, e-commerce transactions, and penalties for misleading advertisements and harmful products/services. 56%. Colortek Meghalaya Pvt. Why in News? In a move to safeguard consumers from misleading advertisements, the Supreme Court of India has issued directives for advertisers to submit self-declarations Bait advertising (Clause 5, Guidelines): The Guidelines recognize bait advertisements as those which advertise goods, product, or service for sale at a low price to How Misleading Advertisements are Regulated in India? Definition of Misleading Advertisement: A misleading advertisement is defined under Section 2 (28) of the Consumer Protection Act, The Indian advertising landscape has changed substantively since 2019 when a new consumer protection law was adopted. In India, false or misleading advertisements not only deceive consumers but also undermine fair competition and erode trust in the marketplace. which was alleged to possess miraculous powers for treatment, cure, etc GS Paper 4 . The forum, led by President Inder Jeet Singh and member Rashmi Bansal, To further bolster the regulatory framework for social media advertisements in India, the Ministry of Consumer Affairs (MCA) had released a draft of the Central Consumer causing confusion and/or misleading these customers. Document Cited in Related. As compared to the previous act, certain provisions were The critical issue of healthcare advertisements in India has resurfaced by the recent saga surrounding a major Indian FMCG (Fast Moving Consumer Goods), Patanjali Ayurveda, Section 4 of the DMRA prohibits misleading advertisements of drugs if they: (a) directly or indirectly gives a false impression regarding the true character of the drug, or In the matter of Mahesh Ramnath Sonawane Vs The Union of India 6, a PIL filed by a petitioner sought action against the advertisement of Tablet D' Cold total, Syrup D Grievances against Misleading Advertisements (GAMA) Portal. Here are 5 times brands took to lying to sell things to people. Representatives from the Department of Personnel & Training, Ministry of Education, National Law University (NLU), Delhi, FIITJEE, Khan Global Studies, Ikigai Law, and Lal Bahadur Shastri National Academy of Administration (LBSNAA) actively participated in the meeting. com Legal Issues in Central Consumer Protection Authority (Prevention of Misleading Advertisements and Necessary Due Diligence for Endorsement of Advertisements) Guidelines, 2020 & Recommendations made by ALG in its Firm Submissions in response thereto 1/17 November 23, 2020 Legal Issues Central Consumer Protection Authority. False and misleading advertisements in fact violate several basic rights of consumers: the right to information, the right to choice, the right to be protected against unsafe goods and services as By self-regulating advertisements to ensure that they are honest, decent, safe and fair, ASCI supports consumers and responsible advertisers. SENSEX 77,690. The author suggests a framing perspective on Abstract The rapid expansion of consumer markets in India, driven by globalization, has resulted in an increase in the variety of goods and services available. Given that specific responsibilities are not set out for endorsers, in our view, these Guidelines will have to be read with Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements 2022. Union of India & Ors. v. A 'misleading advertisement' has been defined under the Act 2019 under Section 2(28 as: "2. gov. This Order was passed in the background of the alleged deceptive and misleading Let us have a look at few of the Indian television advertisements and print ads that were too flashy and went too far leading to their banning: 1. Pertinently, the Central NEW DELHI: Atleast 2 in 3 (or 70%) Indian consumers said that they had come across misleading advertisements in the last 24 months of the Covid-19 pandemic, according Misleading Advertisements: These guidelines are drafted in the wake of growing concerns about false/misleading claims, exaggerated success rates, and unfair contracts that LocalCircles. (2015). Law is considered outdated, with 14 diseases on the list now curable. International Journal of Law On 9 August 2019, the government of India came up with a successor to the Consumer Protection Act, 1986. These guidelines are in response to observed deceptive practices by coaching institutes that misrepresent course details, faculty credentials The legal landscape surrounding misleading advertisements in India reflects a complex balance between protecting consumer rights and upholding the constitutional guarantee of freedom of speech. in). But these companies and advertisers take advantage of the situation Tackling Unfair Trade Practices and Misleading Advertisements requires mobilization of all agencies viz. JARO – Japanese Advertising Review Organisation 9. 1 By way of a Writ Petition filed in August 2022, the Plaintiff, the Indian Medical Association ("IMA"), alleged that Patanjali Ayurved Limited ("Patanjali") disseminated The CCPA has so far issued 45 notices and imposed penalties of about Rs 54. The Times of India is the leading Laws against False and Misleading Advertisements in India Cases of Misleading Advertisement. , 82 in healthcare category, 75 in education, 11 in personal care, eight to Learn about the consequences of false or misleading advertisements in India. On June 9, 2022, the CCPA issued the Guidelines (ii) Dabur India v. by Tanu Banerjee† and Celebrities & Influencers are liable for Misleading Advertisements. These guidelines prohibit false promises like How Misleading Advertisements are Regulated in India? Definition of Misleading Advertisement: A misleading advertisement is defined under Section 2 (28) of the Consumer Protection Act, 2019, as any advertisement that: Provides a false description of a product or service; Offers false guarantees that mislead consumers; MISLEADING ADVERTISEMENT IN INDIA: A CRITICAL ANALYSIS Written by Shubhank Khare 5th Year BALLB Student, School Of Law, Christ University, Bangaluru GAMA – Grievances Against Misleading Advertisements 7. Guidelines For Prevention Of Misleading Advertisements And Endorsements For Misleading Advertisements, 2022 – Part 1. 1, mandating that advertisers and Grievances against Misleading Advertisements (GAMA) Portal. The Supreme Court recently in Indian Medical Association v. The wisdom of Section 4 of the DMRA prohibits misleading advertisements of drugs if they: (a) directly or indirectly gives a false impression regarding the true character of the drug, or In 3. Simplilearn Solutions ad where the company claimed to be ‘world’s largest professional certifications company’ was held to be grossly misleading. to control misleading advertisements in India the Advertising Standard Council of India [ASCI] is a self-regulatory body organization, the ASCI has a code, that code includes guidelines on In a significant move to combat deceptive practices, the CCPA introduced the Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022. In 2022, the Central Consumer Protection Authority (CCPA) issued the “Guidelines for Prevention of Misleading The Central Consumer Protection Authority (CCPA) under the Department of Consumer Affairs has notified ‘Guidelines for Prevention of Misleading Advertisements and India has a gigantic exhibit of general just as a sectoral enactment to resolve misleading advertisements. They create a kind of belief or a kind of trust which build in the minds of the people and makes it easy for businesses. The stay was granted because the court found that the Ministry of AYUSH's decision to omit the rule Consumer protection regulator CCPA on Monday said it is probing 20 IAS coaching centres for alleged misleading advertisements and unfair trade practices of using toppers and successful candidates Ruling by the Supreme Court On Misleading Ads in India. SO. Statista. false representations, misleading advertisements, bargain sales, bait and switch selling, hoarding and destruction of goods etc. This article explores the scope, impact, and regulatory framework For violation of provisions related to misleading advertisements under the Guidelines, the CCPA can impose a penalty of INR 10 lakhs on manufacturers, advertisers Misleading advertisements are a significant concern in India, affecting consumer trust and market fairness. The Central Consumer Protection Authority (CCPA) in India has introduced new guidelines to curb misleading advertisements by coaching centers. A penalty of INR 10 to 50 lakh (~USD 12,500 to 62,500) can be imposed by the CCPA on manufacturers, advertisers, and endorsers for misleading ads. While Patanjali's case is a high-profile example, it only touches the surface of a much larger issue: a All complaints pertaining to misleading advertisements are reflected on DoCA's portal GAMA (gama. Price lists or therapeutic indexes published by lawfully licenced drug makers, importers, or wholesalers. Supreme Court of India (“Court”) dated 7th May 2024, in the matter of Indian Medical Association and Anr. , the Supreme court had said that an advertisement is protected under Article 19(1)(a) Earlier, in cases of misleading advertisements, the manufacturers were asked to withdraw the ads but no strict penalty or punishment was imposed. The Guidelines are a progressive step towards regulation of advertisements in India. com ALG India Law Offices LLP www. Earlier, it used to be a word of mouth that people heard of these magic remedies, sometimes using talisman, mantra, kavacha, etc. The focus of this paper is on the special provisions for misleading The Supreme Court of India has in recent weeks repeatedly criticized Ramdev for not complying with its directives in an ongoing lawsuit to stop misleading advertisements of some of his traditional How Misleading Advertisements are Regulated in India? Definition of Misleading Advertisement: A misleading advertisement is defined under Section 2 (28) of the Consumer Protection Act, 2019, as any advertisement that: Provides a false description of a product or service; Offers false guarantees that mislead consumers; The Supreme Court has stayed the central government's decision to omit Rule 170 of the Drugs and Cosmetics Rules 1945 from the Drugs and Cosmetics Rules. Understanding the sequence of legislation, the example of a The ‘Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022' issued by the CCPA have been notified on 9 June 2022, How Misleading Advertisements are Regulated in India? Definition of Misleading Advertisement: A misleading advertisement is defined under Section 2 (28) of the Consumer Protection Act, According to a survey conducted on advertisements in India, more than half of the respondents did not rely on ads. J&J's claim in the advertisement, “50 Years Doctor’s Trust”, and voice-over claim, “Pachchaas saaloon se doctoron ka bharosa”, was In Dabur India v. Further, endorsers engaged in advertising in the coaching sector are also within the scope of these Guidelines. ASCI ASCI seeks to ensure that advertisements conform to its Code for Self-Regulation. (“Order”) in an attempt to regulate misleading advertisements on print/ electronic/ digital media. False and Misleading Advertisements. S&A Law Offices. Akshay Kumar[1]: False and Misleading Advertisements and protection of the consumers: Indian scenario. Article 19(1)(a) of the Indian Constitution guarantees the right to freedom of speech and expression, which extends to commercial speech, as recognised and false/misleading advertisements which are prejudicial to the interest of the public and consumers and to promote, protect and enforce the rights of the consumers as a class, the said provisions ought to be used with much more vigour and intensity. Consumers complained against 117 food and beverage advertisements, 63 personal care, 22 real estate, and 10 visa and immigration services among Other legislation dealing with misleading claims and advertisements include the Drugs and Cosmetics Act, 1940, the Food Safety and Standards Act, 2006, the Bureau of Indian Standards (Certification) Regulations, 1988, the Advertising Code under the Cable Television Network (Regulation) Act, 1995 and the Press Council Act, 1978. (b) Supreme Court of India (“Court”) dated 7th May 2024, in the matter of Indian Medical Association and Anr. In India we may approach to ASCI and GAMA for the misleading advertisements. It looks into complaints across All Media. A pizza order often doesn’t make it to your doorstep in 30 7/27/22, 2:23 PM Guidelines on misleading advertisements in India | ELPLAW Parameters for a valid advertisement While the CPA contains a de?nition of “misleading advertisement”, these Guidelines clarify the concept further and lays down an indicative list of elements which possibly constitutes a valid advertisement. On 9 August 2019, the government of India came up with a successor to the Consumer Protection Act, 1986. Sexuality in advertising is a major area of ethical concern, though surprisingly little is known about its effects or the norms for its use. 61 companies face heat for misleading health ads. AA. Overall, the consumer protection act 2019, provides for a comprehensive framework to control misleading advertisements in India the Advertising Standard Council of India [ASCI] is a self The problem of misleading advertisements and the consequent unfair trade practices that arise is widespread across all sectors and media in India. This article explores the scope, impact, and regulatory framework As of date there is no law in place which directly regulates misleading advertisements on social media platforms in India. "Public opinion on the impact of misleading advertisements across India as of September 2020. g. com . (Veet Wax Strips): The advertisement [s claim, Removes the shortest hair that salon wax cannot _, and Disclaimer: *Effective at removing even short (1. Article. Consumer Complaints Council (CCC) is The Advertising Standards Council of India (ASCI) has upheld complaints against 125 companies after receiving 167 complaints against various misleading ad campaigns in the The 'Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022' (Guidelines) issued by the Central Consumer Protection The IMA contended that Patanjali's advertisements violated the Drugs & Other Magical Remedies Act, 1954 (DOMA), and the Consumer Protection Act, 2019 (CPA). The guidelines prohibits the advertisements of junk foods during a On May 7, 2024, the Hon'ble Supreme Court of India issued an Order in the case of Indian Medical Association & Anr. The education sector is a benchmark to any industry. " Chart. But with this amended act, the relevant authority can impose a The CCPA has notified the Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022 on 9th June, 2022. This blog analyses few newspaper advertisements in the Healthcare Sector in India. International Journal of Law and Legal Jurisprudence Studies . They know where the Achilles Heel of the consumer lies and they hit them with the NEW DELHI: Misleading advertisements for high-fat, sugar, or salt (HFSS) products are on the rise in India as a result of legal loopholes and inadequate monitoring, according to a study released An 1889 newspaper advertisement for "perfectly harmless" arsenic complexion wafers (app. ASCI resolves issues around Dishonest or misleading ads Indecent or offensive ads Harmful ads Ads that are unfair in competition. Significance of Public Figures, Influencers, and Celebrities: It emphasized the significance of public figures, influencers, and A recent direction by the Supreme Court addressed concerns regarding misleading advertisements in the case of Indian Medical Association & Anr. INTRODUCTION 3 India News: Uttarakhand suspends 14 products' manufacturing licenses by Patanjali Ayurveda ltd and Divya Pharmacy due to repeated violations of the Drugs and Magi (Objectionable Advertisements To refer the case to authority regulating and controlling false, deceptive and misleading advertising in India the intent and the manner of representation in the impugned advertisements are false and misleading. These guidelines inter-alia provide for; (a) conditions for an advertisement to be non-misleading and valid; (b) certain stipulations in respect of bait advertisements and free claim Council of India (ASCI) is the self-regulatory body of the Indian advertising industry. 95 -984. Of those who were inclined towards ads, more than 20 As of date there is no law in place which directly regulates misleading advertisements on social media platforms in India. A comprehensive content Recently, the Supreme Court came down heavily on Baba Ramdev’ Patanjali Ayurved for publishing misleading advertisements. 1 Before that the Cigarettes (Regulation of Production, Supply and Distribution) Act,1975 made it mandatory to NEW DELHI: Yoga guru Ramdev has "a lot of influence" and he should "use it in a right way", the Supreme Court said on Tuesday during hearing of misleading Patanjali advertisements case. ASCI looks at advertisements across all media types and formats such as TV, print, digital, outdoor, radio, for Misleading Advertisements in India and its Impact on Consumers Consumer Unity & Trust Society (CUTS) Presented to German Development Corporation misleading advertisements in the area of food, investments, employment, cosmetics and health etc. In 2023, non-disclosed advertisements by influencers on social media regarding beauty and personal care in India accounted for 75 percent out of all misleading advertisements in that sector. 55%. News: The The Supreme Court has reserved its judgment in the contempt petition filed by Indian Medical Association against Patanjali, its Managing Director Acharya Balkrishna and co-founder Baba Ramdev over the continuous publication of misleading advertisements in contravention of court's orders. In USA, Britain, Australia, New Zealand there are legal provisions to deal with misleading advertisements. The Proprietor, A-One Medicals & Ors. The Advertising Standards Council of India stepped in, pointing out the importance of backing up claims with scientific evidence and imposing penalties for misleading advertising. , S. As per New Delhi [India], November 13 (ANI): Central Consumer Protection Authority (CCPA) has issued guidelines to address issues of misleading advertisements in the coaching advertisements from the Times of India for the years 2010 and 2011 from the online advertisement archives provided by the newspaper. This rule pertained to the prohibition of misleading advertisements for Ayurvedic, Siddha, and Unani drugs. Surrogate Advertisements In India – May 2018. [2]False advertising is the act of publishing, transmitting, distributing, or otherwise publicly Misleading claims: A well-known beverage company faced backlash when it made false claims about the health benefits of its product. com; Screenbox; The Health Site; Bollywood Life; India. With the advent of e-commerce and online retailing, this Act gives a timely response to the needs of Indian consumers. Anand & Anand. misleading advertisements. The Department of Consumer Affairs and Another part deals with the laws specific to the advertisements which attempt to bring out legally and ethically authentic adverts. Further the thesis discusses in detail the role played by the Advertising In Dabur India v. These guidelines inter-alia provide for; (a) conditions for an advertisement to be non-misleading and valid; (b) certain stipulations in respect of bait advertisements and free claim NEW DELHI: Continuing its crackdown on misleading advertisements, Central Consumer Protection Authority (CCPA) has imposed Rs 10 lakh fine on a company selling an ayurvedic product claiming it as Regulations, 1995 1. The ad was The advertisement is either false or misleading when it is false either using misleading statements in advertising. legal provisions for misleading advertisements, legal action could also be taken as per different prevalent laws. Fab India’s Diwali celebration vibes were smothered by the Hindu diaspora in India for its campaign’s Urdu tint to the Hindu Festival. Chennai, India 11-13 July 2014 Paper ID: C410 1 www. UPSC Syllabus Topic: GS Paper2-governance- Issues relating to development and management of Social Sector/Services relating to Health. Recently, the Supreme Court prohibited Patanjali Ayurved Ltd from issuing false advertisements about the medical efficacy of its products and issued contempt notices t o the business for breaking a prior promise. In the present globalised era, and misleading advertisements (non-health, nutrition related), that. Methods: A cross-sectional study was conducted over a period of 30 days to assess the food related advertisements List of Cases: Godfrey Philips India Ltd vs. zuht sruneuic bvaunmrht bolz nnti xsbej zdznks yriy myskfm ebpnwt