Supreme Court asked the Government to act on FMCG (Fast-Moving Consumer Goods) firms using misleading advertisements

Posted 24 Apr 2024

2 min read

Court also requested Union Ministries to detail the actions taken to combat deceptive advertising practices, which negatively impact public lives.

Misleading Advertisements
- Misleading advertising is any published claim that gives a consumer an incorrect understanding of the product or service.
- Under Consumer Protection Act 2019, an advertisement is misleading if it
  - Falsely describes a product/service,
  - Gives a false guarantee to nature, quantity or quality of product/service,
  - Represents unfair trade practice, or
  - Deliberately conceals important information.

Impact of misleading advertisements
- Violates consumers’ right to information and choice
- Potential to cause consumer financial loss and mental agony
- Severe repercussions on consumer health and safety, especially with advertisements of drugs or medical devices of questionable efficiency.

Initiatives Taken to combat misleading advertisements
- ‘Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022’ issued by Central Consumer Protection authority (CCPA).
- Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954: It prohibits advertisement for remedies alleged to possess magic qualities.
- Consumer Protection Act, 2019: Establishes CCPA to regulate matters relating to misleading advertisements.
- Food Safety and Standards Act, 2006: Penalty for misleading advertisements pertaining to food.

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