DEFINITION:

Misleading advertisements in India refer to any advertisement that gives false or misleading information to consumers, leading them to make wrong choices or suffer harm.  Any advertisement or promotion through Television, Radio, or any other electronic media, Newspapers, Banners, Posters, Handbills, wall-writing etc. to misrepresent the nature, characteristics, qualities or geographic origin of goods, services or commercial activities so as to mislead the consumer could be broadly defined as a misleading advertisement.

 

 

STEPS FOR CONSUMERS WHEN ENCOUNTERING MISLEADING AVERTISEMENTS:

1. Identify the Misleading Advertisement: Look for false claims, exaggerated statements, or deceptive visuals in the advertisement.

2. Gather Evidence: Keep a record of the misleading advertisement (photographs, videos, printed materials).

3. Contact the Advertiser: If feasible, contact the advertiser directly to express concerns and seek clarification.

4. File a Complaint: If the issue persists or direct contact fails, consumers can file a complaint with the appropriate authorities.

 

 

HOW TO REGISTER A COMPLAINT:

1. Consumer Complaint Forum: Consumers can approach consumer complaint forums such as the National Consumer Helpline (NCH), State Consumer Disputes Redressal Commission, or District Consumer Forum.

2. Online Complaints: Many authorities allow online submission of complaints through their official websites.

3. Complaint Format: Prepare a detailed complaint mentioning the misleading aspects of the advertisement, supporting evidence, and details of the harm or potential harm caused.

 

 

APPLICABLE SECTIONS AND LEGAL FRAMEWORK:

1. Consumer Protection Act, 2019: Section 2(28) defines unfair trade practices including misleading advertisements.

2. Central Consumer Protection Authority (CCPA): Empowered to take action against unfair trade practices including misleading ads under Section 21 of the Consumer Protection Act.

3. Advertising Standards Council of India (ASCI): While not a statutory body, ASCI provides guidelines and processes complaints related to misleading advertisements.

 

 

CONCERNED AUTHORITIES:

1. Central Consumer Protection Authority (CCPA): Established under the Consumer Protection Act, 2019 to regulate matters related to unfair trade practices including misleading advertisements.

2. Ministry of Consumer Affairs, Food and Public Distribution: Overseeing consumer protection and related matters.

3. Advertising Standards Council of India (ASCI): Industry self-regulatory body that monitors and regulates advertising content in India.

 

 

CASE LAWS:

1. Amul India Pvt. Ltd. v. Gujarat Co-operative Milk Marketing Federation Ltd. (2014): Supreme Court emphasized the need for truth in advertising and penalized misleading claims.

2. Hindustan Unilever Ltd. v. Gujarat Cooperative Milk Marketing Federation Ltd. (2014): High Court ruled against false comparative advertisements.

3. Nestle India Ltd. v. Maggi Noodles Ban Case (2015): The controversy surrounding the presence of lead in Maggi noodles led to a nationwide ban and significant legal action. 

 

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SUMMARY:

These steps, sections, authorities, and case laws provide a framework for consumers in India to address issues related to misleading advertisements effectively. Always ensure to gather evidence and approach the appropriate authorities for resolution.

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