Skip to main content

Can you sue brands for false advertising?

 The influence of advertisements on consumer choice is unassailable. In our everyday lives, we are constantly bombarded with misleading advertisements. Take for instance the fairness creams that not only outrage the dark-skinned people but hook them to a pyramid of false hopes that using such creams will make them fair instantly. Be it guaranteed "fairness in just four weeks" or “Be fair, be handsome”, no matter what product or brand, there are numerous misleading advertisements out there. But will the use of such creams really make you fair?


The misleading advertisement of health and nutrition related products or drugs can have serious repercussions for the consumers. These advertisements not only violate the consumer’s right to information but can also affect their lives to a degree. False promises, exaggerated results, not revealing important information are few examples of content that makes advertisement misleading.

 


Consult: Top Civil Lawyers in India



Primitively, since there was no comprehensive legislation to regulate misleading advertisements, they were regulated by the courts, government, tribunals, and the matters were decided on the case to case basis. However, now the consumer can approach various forums for complaining and claiming relief for false and misleading advertisements under Drugs and Magic Remedies (Objectionable Advertisement) Act, Cable Television Network (Regulation)Act 1955, Food Safety and Standards Authority, Insurance Regulatory and Development Authority, Telecom Regulatory Authority of India and Reserve Bank of India depending on the nature of goods for which unfair practices are being taken up.


The Advertising Standards Council of India (ASCI) has been established to crack its whip and bring companies to book that flout the rules. The duty of ASCI was to dispose of complaints based on its code of advertising practice


 


How to make a complaint before ASCI-


A complaint can be made in any of the following ways-


Through a Letter addressed to The Secretary-General, the Advertising Standards Council of India, 219 Bombay Market, Tardeo, Mumbai 400 034;


By sending an email at (asci@vsnl. com; alan@ascionline.org);


You can also register a complaint online at www.ascionline.org.


You can call ASCI on 022 23513982 or 022 23521066 or 1-800-22 –2724 (toll-free) to register a complaint.


 


Consult: Top Civil Lawyers in India


 


Who can make a Complaint?

 


General public including government officials, consumer groups,   etc.,


Suo Moto complaints from the member of the ASCI Board, CCC, or the Secretariat and,


Intra-industry i.e. complaints from one advertiser against another.



 


Complaint under Consumer Protection Act, 1986


Any consumer who has been a victim of a misleading advertisement can seek redressal against such unfair trade practices under the consumer protection act, 1986. He will be entitled to following reliefs-


Refund of money equivalent to the price


Compensation for any loss or injury suffered.


The opposite party may be ordered to issue corrective advertisement to neutralise the effect of the misleading advertisement;


The court can also award punitive damages and costs of litigation to the consumer.

Comments

Popular posts from this blog

Concept of constitutionalism

  Concept of constitutionalism Who Started Constitutionalism? John Locke - The English Bill of Rights is a foundational constitutional document that helped inspire the American Bill of Rights. Political theorist  John Locke  played a huge role in cementing the philosophy of constitutionalism.  Constitution is a written law which describes the structure of Government, the rules according to which the Govt. must work and the boundaries within which the Govt. must work. Constitutionalism   can be defined as the doctrine that governs the legitimacy of government action, and it implies something far more important than the idea of legality that requires official conduct to be in accordance with pre-fixed legal rules. Constitution constitution is the document that contains the basic and fundamental law of the nation, setting out the organization of the government and the principles of the society. Basic norm (or law) of the state; System of integration and organi...

business tips

1. Have a clear vision for your business and strive to achieve it. 2. Hire great people and give them ownership in the company. 3. Provide excellent customer service. 4. Establish yourself as an expert in your field. 5. Develop relationships with key suppliers, customers, and partners. 6. Keep track of your finances and invest in marketing and innovation. 7. Utilize digital platforms to reach a larger audience. 8. Take calculated risks and back yourself. 9. Continuously strive to improve your products and services. 10. Make customer satisfaction your priority.

Effects of Non-Registration

 Effects of Non-Registration The Companies Act, 2013 evidently highlights that the main essential for any organization to turn into a company is to get itself registered. A company cannot come into existence until it gets registered. But no such obligation has been imposed for firms by the Indian Partnership Act, 1932. If a firm is not registered it does not cease to be called as a firm, it still exists in the eyes law. Certainly, such a big advantage is not absolute but is subjected to a lot of limitations which we will study further. Non-registration of a firm simply means that the business skips the formalities of incorporation and ceases to exist in the eyes of the law. section 58 of the Indian Partnership Act, 1932 deals with the procedure of incorporation. Likewise, the meaning of non-registration is the exact opposite of registration, meaning when a firm does not go through the procedure of incorporation or start carrying on activities without getting registered. Effects of ...