Thursday 4 June 2020

MISLEADING ADVERTISEMENTS By Bhoomika Pundir

“Advertising is the art of convincing people to spend money they don’t have for something they don’t need.”  ~Will Rogers

An advertisement is a marketing tool which is used for sales promotion and publicity. It is describing or praising one’s own good or services. According to the American Marketing Association, “Advertising is any paid form of impersonal presentation and promotion of goods, services or ideas by an identified sponsor.” Advertisements are made to influence the consumers to buy particular products or services of a particular brand which is also known as ‘branding’. The consumer becomes familiar with the product or services which helps them to make the right choice.
In today’s time where advertising is such an important tool for increasing sales of a company product and helping consumers to buy new and effective goods, there are also some companies who display misleading advertisements for their own profit.  False or Misleading advertisement means, an advertisement that deceives or is likely to deceive anyone that sees it. The result of such false advertisement is that the output which the consumer thinks will be seen after using a particular product or service is just opposite of that or even no results and here the consumer gets deceived. So, misleading advertising affects consumers choices regarding what they buy. Misleading advertisements violates consumers’ right to information and choice and thereby causes financial loss and mental disturbance to the consumer.
Some examples of false advertisements are- claims made about the characteristics of goods and services contain a false statement of fact, the price or manner in which the price is calculated, is misrepresented, the conditions of supply of the good or service differs to that advertised, etc.
There are many negative impacts of misleading advertisements. Advertisements related to health cures and drugs of questionable efficacy are many times very harmful, as they can have a severe consequence on health and safety of consumers; if they are taken without a physician or a doctor’s advice. Many beauty products and weight loss medicines related to misleading advertisements have been reported in the newspaper time and again. They often lead to very low self- esteem, and dangerous impact on the health of the innocent consumers. Advertisements related to height increasing products also come under such misleading ad categories. Mostly no results are produced from using such products but they only play with the mind and pockets of the consumer.

The Consumer Protection Act, 1986, applies to advertisements for all products in the market-place. A consumer may file a complaint related to false and misleading advertisements which are included under unfair trade practices[1].
Some other legislation related to controlling such false advertisements are Obscene publication of advertisement of a lottery under the Indian Penal Code 1860, Drugs and Cosmetics Act, Trade Mark Act, Drugs and Magic Remedies (objectionable advertisement) Act etc.
Other regulatory agencies are Advertising Standards Council of India (ASCI), Advertising Association of India (AAAI), Press Council of India (PCI), Prasar Bharati, Code for commercial advertising on Doordarshan.

In spite of this prohibitory legislation and existing regulatory authority, false and misleading advertisement cases are nowadays increasing at a high speed & is becoming a matter of huge concern. Some judicial decision taken in this concern are-
In Colgate-Palmolive Ltd. v. Anchor Health & Beauty Care Pvt. Ltd.[2]Hon’ble High Court held that the respondent is guilty of unfair trade practice, by projecting their product as the only product containing 3 ingredients and as the first product to provide all-round protection. The court hence in the public interest passed an order to remove such misleading advertisement and to issue a corrective advertisement in which words like ‘ONLY’ and ‘FIRST’ were restrained from using.
In Buddhist Mission Dental College and Hospital v. Bhupesh Khurana and Ors.[3]Relying upon the false advertisement by the Buddhist Mission Dental College and Hospital many students took admission in the college and after several months came to know that the claim made by the plaintiff to the respondents in the advertisement as well as in the prospectus was false, because the appellant college was neither affiliated to the Magadh University nor it was recognised by the Dental Council of India. The Supreme Court directed the institute to additionally pay compensation of Rs. 1 lakh to each complainant and also directed the institute to pay the cost of litigation which is quantified at Rs. 1 lakh to each of the complainants. 

Advertisement in today’s time is a very important tool for making effective communication strategy. But at the same time misleading and false advertisements can lead to many harmful results. So, they must be properly checked and then floated amongst the consumers and special care should be taken to protect the children, young communities and patients from the evil of false and misleading advertisements. Also, it is the duty of the consumer to be vigilant of what he/she is using and buy only trusted and verified products.



[1]Section 2(r) of the Consumer Protection Act, 1986
[2] (2008) Madras HC
[3](2009) 4 SCC 484

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