ABC of Misleading Advertisements

As early as 2002, misleading advertisements were identified as unfair trade practices and were officially recognized with the inclusion of this term in the 2002 amendment to the Consumer Protection Act 1986. Subsequently, with the repeal of the old act, the concept of misleading advertisements was further elaborated upon in the new Consumer Protection Act of 2019. Additionally, the establishment of the Central Consumer Protection Authority under the Ministry of Consumer Affairs empowered it to proactively identify such practices and address complaints from the public against businesses engaging in unfair trade practices through misleading advertisements.

Dr Prem Lata, Legal Head VOICE

Misleading Ads defined under the act is as follows- 

Section 2(28) in Consumer Protection Act, 2019

“misleading advertisement” in relation to any product or service, means an advertisement, which-(i) falsely describes such product or service; or(ii) gives a false guarantee to, or is likely to mislead the consumers as to the nature, substance, quantity or quality of such product or service; or(iii) conveys an express or implied representation which, if made by the manufacturer or seller or service provider thereof, would constitute an unfair trade practice; or(iv) deliberately conceals important information.

Why Consumers Need to Be Aware of Misleading Advertisements

Of the six fundamental consumer rights, one crucial aspect is the Right to Information, which entails being informed about the products one intends to purchase. However, when this information is distorted or enticingly deceptive, consumers are essentially stripped of their rights. Therefore, it becomes imperative for consumers to grasp the concept of misleading advertisements.

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