GUIDELINES TO PREVENT FALSE OR MISLEADING ADVERTISEMENTS

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Recently the Central Consumer Protection Authority (CCPA) has issued guidelines to prevent false or misleading advertisements.
The guidelines clearly defined advertiser duties.
The guidelines also tried to discourage the promotion of illogical consumerism targeting children.
The guidelines aim to bring the Indian regulatory framework to par with international norms and standards.

Details

The Central Consumer Protection Authority (CCPA) under the Department of Consumer Affairs has announced the ‘Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022’.
The main objective of the guidelines is to regulate advertisements and protect consumers from misleading advertisements.
The Central Consumer Protection Authority (CCPA) has stated that misleading advertisements violate several rights of consumers.
- The CCPA has been established under the Consumer Protection Act, of 2019.
Misleading advertisement has already been defined under the Consumer Protection Act, 2019.
- The current guidelines define “bait advertisement”, and “surrogate advertisement” and provide what comprises “free claim advertisements”.
The guidelines have been formed by keeping in view the sensitiveness and vulnerability of advertisements in the Children’s minds.

Key points of the Guidelines

It prohibited advertisements from magnifying the features of a product or service in such a manner that promotes unrealistic expectations.
Prohibited the advertisements of such products or services that claim any health or nutritional benefits without being scientifically recognized by an authentic body.
Advertisements targeting children should not show any personalities from the field of sports, music or cinema for products that require a health warning or cannot be purchased by children.
Disclaimers in advertisements must not hide any information about the products and services.
Clear Guidelines are laid for manufacturers, service providers, advertisers and advertising agencies.
It aims to protect consumers’ interests by ensuring more transparency and clarity in published advertisements, so that, consumers could make informed decisions based on facts rather than wrong narratives and exaggerations.
CCPA can impose a penalty of up to 10 lakh rupees on manufacturers, advertisers and endorsers for any misleading advertisements.
- It may increase a penalty up to 50 lakh rupees for repetitive violation of the guidelines.
- It can prohibit the endorser of a misleading advertisement.