File complaint against misleading advertisements

Pushpa Girimaji

Advertisement

With cases of Covid-19 going up sharply in this third wave, I see on the electronic media advertisements promoting all kinds of herbal and natural preparations claiming to keep consumers safe from Covid. Is it possible to check the veracity of such claims, and if these turn out to be false, what action can one take to stop such advertisements?

It is unfortunate that a number of unscrupulous manufacturers are exploiting the consumer fear of Covid-19 to make all kinds of unsubstantiated claims. In the past two years, the general trend in advertising seems to be to somehow link the product to some benefit vis-à-vis Covid, so as to get consumers to buy them. During the financial year 2020-21, the self-regulatory body, the Advertising Standards Council of India (ASCI), examined such Covid-related claims of a wide range of products such as apparels, paints, air conditioners, fans, laminates, plywood and floor cleaners. The extent of deception can be gleaned from the fact that out of 332 such advertisements scrutinised, claims of only 12 could be substantiated by the manufacturer!

Regarding checking the authenticity of the claim, an expert is needed to examine it critically. The best action you can take is to bring all those questionable claims to the notice of the law enforcement agencies and the ASCI.

Where can one complain?

You have several choices here. Deceptive food advertisements are regulated under the Food Safety and Standards (Advertising and Claims) Regulations and enforced by the state food safety officers, who can ask the advertiser or manufacturer to withdraw such advertisements. They can also order issuance of corrective advertisements by the manufacturer. Misleading food advertisements attract a penalty up to Rs10 lakh under Section 53 of the Food Safety and Standards Act.

False or deceitful advertisements pertaining to drugs are covered under the Drugs and Magic Remedies (Objectionable Advertisements) Act. Contravention (first offence) attracts imprisonment up to six months, or fine, or both. The Drug and Cosmetics Rules also cover misleading advertisements pertaining to Ayurveda, Siddha and Unani. You can complain to the state drug control authorities. Under the Disaster Management Act, too, the state authorities can order withdrawal of such advertisements pertaining to Covid-19. The Cable Television Network Regulation Act and Rules also deal with deceptive advertisements on television.

You can complain to the local regulators or simply lodge your complaint on the portal created by the Union Ministry of Consumer Affairs for this. Called Grievances Against Misleading Ads, the address of the portal is: gama.gov.in. You can also complain on the national consumer helpline, consumerhelpline.gov.in, to the Central Consumer Protection Authority (CCPA). Under the Consumer Protection Act of 2019, the CCPA has the power to take action against such advertisers. The punishment for false and misleading advertisement includes imprisonment up to two years and a fine up to Rs10 lakh. The punishment can increase in subsequent offences.

You can also write to the ASCI on its WhatsApp number: 91-7710012345. Their Consumer Complaints Cell will examine the accuracy of the claims made, and if found to be false, or misleading, ask the advertiser to withdraw such advertisement or modify it, and where necessary, refer it to the regulator or the ministry for further action.

If you suffer any loss or damage as a direct consequence of such advertisements, you can seek compensation (from the manufacturer) through the consumer courts constituted under the Consumer Protection Act. Besides awarding compensation, punitive damages and costs of litigation, the consumer court can also direct the withdrawal of such advertisement by the manufacturer and issuance of corrective advertisement.