False Advertising
There are various advertising laws in India that govern advertisements in print and online, social media, television, and other sources.
ASCI
ASCI (Advertising Standards Council of India) is one such governing body. This is a voluntary and non-statutory body established in 1985 with the aim to safeguard the interests of Indian consumers through self-regulation in various forms of advertisements.
The body has created an ASCI Code, also called Code of Ethics for Advertising in India, which is not mandatory to follow, but companies can voluntarily follow them to maintain a decorum in advertising.
Other laws that governing advertising in India include:
- Consumer Protection Act, 2019
- Cigarettes and other Tobacco Products Act, 2003
- Cable Television Networks Act, 1995
- Doordarshan/All India Radio (AIR) Advertisement Code
- Pharmacy Act, 1948,
- Drugs and Cosmetics Act, 1940
- Drugs (Control) Act, 1950
- Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954
- Prize Competitions Act, 1955
- Prenatal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994
- Indecent Representation of Women (Prohibition) Act, 1986
- Emblems and Names (Prevention of Improper Use) Act, 1950
- The (Insurance Advertisements and Disclosure) Regulations, 2000, by the Insurance Regulatory Development Authority in India
Kinds of false advertising
- Mislabeling a product.
- Not disclosing complete information, such as hiding complete list of ingredients, etc.
- Wrong research that claims a product is beneficial in a certain manner, but in reality it does not offer the mentioned benefits.
- Trademark Infringement and Product Disparagement in which a company tends to show their competitor’s product/service in bad light.
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If you want to file a complaint against any company for falsely advertising a product, you can contact Online Legal Center for step-by-step guidance.
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Frequently Asked Questions (FAQs)
You can file a complaint to ASCI through a letter addressed to the Secretary General of ASCI at the Mumbai address, or through email, or online at the website of ASCI. There is also a toll free number and other phone numbers, including WhatsApp number (you can get them at the website). The Consumer Complaints Council (CCC) of ASCI will look into the matter and decide accordingly. This may take a month’s time.
Red Bull company was sued by a consumer for its misleading advertising slogan, “Red Bull gives you wings.” The petitioner had claimed that he failed to develop wings even after consuming the energy drink for 10 years. The company was ordered to pay $10 to every Red Bull consumer since 2002 and it costs the company around $13 million for the class action suit.
Yes. The Department of Consumer Affairs (DoCA), which comes under the Ministry of Consumer Affairs, Food & Public Distribution, has opened a portal wherein people can lodge complaints. The portal is called Grievances against Misleading Advertisements (GAMA). You can visit the online portal and register an online complaint.
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