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Misleading Advertisement

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Palak Rana
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9 views

Misleading Advertisement

Uploaded by

Palak Rana
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
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MISLEADING

ADVERTISEMENT
MISLEADING ADVERTISEMENT

Punishment
What is What is Conditions for Due
advertiseme Surrogate Bait
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Sec 2(1) advertisement

 “advertisement” means any audio or visual publicity, representation,


endorsement or pronouncement made by means of light, sound,
smoke, gas, print, electronic media, internet or website and includes
any notice, circular, label, wrapper, invoice or such other documents;
Sec 2(b) of Guildelines

 advertiser” means a person who designs, produces and publishes


advertisements either by his own effort or by entrusting it to others in
order to promote the sale of his goods, products or services and
includes a manufacturer and service provider of such goods, products
or services;
Section 2(d) bait advertisement

 bait advertisement” means an advertisement in which goods, product


or service is offered for sale at a low price to attract consumers;
(h) “surrogate advertisement”

 (h) “surrogate advertisement” means an advertisement for goods,


product or service, whose advertising is otherwise prohibited or
restricted by law, by circumventing such prohibition or restriction and
portraying it to be an advertisement for other goods, product or
service, the advertising of which is not prohibited or restricted by law.

 Eg. Seagram Imperial Blue advertisement that is not declared to be


an advertisement of alcohol.
Conditions for non-misleading
and valid advertisement.
 (1) An advertisement shall be considered to be valid and not misleading, if
—

 (a) it contains truthful and honest representation;

 (b) it does not mislead consumers by exaggerating the accuracy, scientific


validity or practical usefulness or capability or performance or service of the
goods or product;

 (c) it does not present rights conferred on consumers by any law as a


distinctive feature of advertiser's offer;
…

 (d) it does not suggest that the claims made in such


advertisement are universally accepted if there is a significant
division of informed or scientific opinion pertaining to such
claims;

 (e) it does not mislead about the nature or extent of the risk to
consumers’ personal security, or that of their family if they fail
to purchase the advertised goods, product or service;
Conditions for bait
advertisements

 A bait advertisement shall fulfil the following conditions, namely:—

 (a) such advertisement shall not seek to entice consumers to purchase


goods, products or services without a reasonable prospect of selling
such advertised goods, products or services at the price offered;

 (b) the advertiser shall ensure that there is adequate supply of goods,
products or services to meet foreseeable demand generated by such
advertisement;
…

 (c) such advertisement shall state the reasonable grounds which the advertiser has for
believing that he might not be able to supply the advertised goods, products or services within
a reasonable period and in reasonable quantities, and in particular,—

 (i) if the estimated demand exceeds the supply, such advertisement shall make clear that the
stock of the goods or services is limited;

 (ii) if the purpose of the advertisement is to assess potential demand, it shall be clearly
stated such advertisement; and

 (iii) the advertisement shall not mislead consumers by omitting restrictions, including
geographic restrictions and age-limit on the availability of the goods, products or services;
…

 (d) such advertisement does not mislead consumers about the


market conditions with respect to the goods, products or services
or the lack of their availability in order to induce consumers to
purchase such goods, products or services at conditions less
favourable than normal market conditions.
Disclosure of material
connection

 Where there exists a connection between the endorser and the


trader, manufacturer or advertiser of the endorsed product that
might materially affect the value or credibility of the endorsement
and the connection is not reasonably expected by the audience,
such connection shall be fully disclosed in making the
endorsement.
Due diligence required for
endorsement of advertisements
 1) Any endorsement in an advertisement must reflect the genuine, reasonably current
opinion of the individual, group or organisation making such representation and must
be based on adequate information about, or experience with, the identified goods,
product or service and must not otherwise be deceptive.
Advertisements prohibited by
law
 In addition to the prohibited advertisements as set out in these guidelines, no
advertisement shall be permitted which is designed, produced and published in
respect of goods, products or services which are prohibited from being
produced, sold or provided or which are prohibited from being advertised
under any law for the time being in force or under any rules or regulations
made thereunder.

 Eg. Advocates are not allowed to advertise.


89. Punishment for false or misl
eading advertisement

 ..—Any manufacturer or service provider who causes a false or misleading


advertisement to be made which is prejudicial to the interest of consumers
shall be punished with imprisonment for a term which may extend to two
years and with fine which may extend to ten lakh rupees; and for every
subsequent offence, be punished with imprisonment for a term which may
extend to five years and with fine which may extend to fifty lakh rupees.
 THANK YOU

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