This article is authored by Mohd. Azam Siddiqui and edited by Mr. Anoop Prakash Awasthi, AOR and Adv. Parthvi Ahuja.
Advertisements for any good or service are deceptive. A misleading advertisement is one that intentionally omits key details and falsely characterizes a product or service and impacts the customer. It also gives false details and assurance about the product or service’s nature, content, efficiency, and amount while purposefully hiding critical information .It hides the original content of the product and shows the products in their way. These types of advertisements are done by celebrities which also give more impact on the public. But not giving the appropriate information about the product comes under the false promotion of the product.
False or misleading advertisement
Due to the competitive market, there is a lot of pressure on manufacturers to sell their products. Because in every category either products or services, there is a lot of competition. Due to this pressure, these companies hire celebrities and start making misleading advertisements. And bad products were shown as good and sold to the customer. This is done through advertisements that change the mood of the consumers with fantastical images rather than knowing the reality of the productive process of such products.
When do we say that any advertisement is misleading or false? The advertisement aims to give the all necessary information about the product or the services. But when the advertising misleads the customer about the product and services by making false statements regarding the products.
Example–
1. When a shampoo company sold their shampoo in the name of herbal shampoo But, there is only chemical and preservative present in the shampoo.
2. When the carbonated drink sells on the name of a healthy drink
3. Selling chemical and parabens-filled creams in the name of natural cream made with tea tree oil.
4. Selling tide powder claim that it filled with lemons
Laws:-
There are many rules and regulations which protect the consumer from such false statements and prohibit misleading advertisements. One of the laws which were enacted to provide protection and quick redressal for consumers is the Consumer Protection Act, of 2019, which was passed in 1986, and a recent amendment to the act was done in 2019. Consumer Protection Act, 2019 provisions on misleading advertisements:-
Section 2(28): defines misleading advertisements as any advertisement about any product or service which:
1. Falsely specify such product or services or
2. It gives a wrong guarantee to, or is likely to mislead the consumers as to the nature, substance, quantity, or quality of such product or services or
3. It conveys an express or implied representation which, if made by the manufacturer or seller or services provider thereof, would constitute an unfair trade practice or
4. Deliberately conceals important information
Section 10 of the act:-
Established Central authority to regulate these matters
Section 16 of the act:-
Explains the power of the District Collector on the matter of consumer complaints, deals with the complaints, and investigates the matter.
Section 21 of the act:-
gives powers to the Central Authority to issue directions and penalties against any false or misleading advertisements.
The authority shall give the opportunity of the hearing to the person before passing any order in this act.
Judicial verdicts on the false advertisement
1. Francis Vadakkan Vs. The Proprietor, A-One Medicals & Ors
The case is related to the hair growth cream.
2. Horlicks Ltd. Vs. Zydus Wellness Products Ltd
Held: High Court passed an interim order restraining the Zydus Company from arising its commercial, as such commercial advertisement was misleading or misrepresenting.
Conclusion: –
As there are various provisions in our law for these misleading advertisements. But, this is not effective. People with high power and money have influenced this market. And in India, consumers are also not very aware of their consumer rights. The government runs many programs like “Jaago Grahak Jaago ” to aware consumers of their rights. But the advertisements like Vimal pan masala which claim saffron is present should be banned by the government. Because these products damage society.
