Consumer Protection Act, 2019

 Consumer Protection Act, 2019Consumer Protection Act, 2019

Misleading advertisements are those that "falsely describe the product or service; give a false

guarantee; are likely to mislead the consumers as to the nature, substance, quality, or quantity of

such product or service; or deliberately conceal important information about the product or

service," according to the Consumer Protection Act of 2019.

The Central Consumer Protection Authority (CCPA) was established to protect consumers' rights

from deceptive or false advertising. The CCPA may launch an investigation into deceptive advertising

on its own initiative or in response to a complaint. If it is determined that the advertisement is

deceptive, the CCPA may mandate its alteration and levy a fine of up to Rs. 10 lakhs. After

conducting a preliminary investigation, the CCPA may also report the matter to the pertinent

regulator created by any other statute.

Recently, the CCPA has made headlines for allegedly ordering the removal of toothpaste brand

advertisements featuring recommendations from dentists working in other nations and for allegedly

ordering an investigation into the product's lofty claims, including "recommended by dentists

worldwide" and "world's no. 1 sensitivity toothpaste."

It's interesting to note that under the Drugs and Magic Remedies (Objectionable Advertisements)

Act of 1954 (DMRA), drug advertisements that directly or indirectly misrepresent the true nature of

the drug, make unsubstantiated claims about the drug, or are otherwise false or deceptive in any

material respect are prohibited. The advertiser would be subject to criminal prosecution, which

might result in up to six months in prison and/or a fine, for any advertisements that violated this

provision. A proposed modification to the DMRA would increase the maximum sentence to two

years in prison and a fine of up to Rs 10 lakh.

The Advertising Standards Council of India (ASCI) is a self-regulatory organisation that controls

advertisements in all industries to protect consumers' interests. The Code for Self-Regulation in

Advertising seeks to govern deceptive advertising practises and content. The Consumer Complaints

Council (CCC) of the ASCI investigates complaints about ads that are purportedly in breach of the

Code for Self-Regulation or takes action on its own initiative. Additionally, the Ministry of AYUSH and

other regulatory bodies have joined forces with the ASCI to control deceptive advertising.

At first look, it seems that all of the authorities' jurisdictions regarding deceptive marketing overlap.

However, it should be remembered that the DMRA forbids medications from making statements

that are deceptive to consumers, the ASCI considers whether the advertisement is an accurate

portrayal of the product being advertised, and the CCPA considers whether the rights of consumers

may be affected. In order to safeguard consumers, each regulatory agency will evaluate the

advertisement using different criteria and with differing degrees of rigour.

Legislators in the modern era place a high priority on ensuring that marketing laws are followed in

order to safeguard consumers. Reputable international and Indian businesses have a strong culture

of abiding by the rules, laws, and policies established for good governance. Every business must

make sure that thorough written rules for marketing and advertising are implemented and ingrained

in their standards of professional behaviour. These policies and procedures need to be revised

frequently to reflect the evolving legal landscape, and personnel need to get regular training through

training sessions, seminars, conferences, and lectures. Last but not least, before being distributed to

the general public or consumers, all advertisements and marketing materials for any medium should

be properly examined in accordance with the company's policies and processes.