Answer By law4u team
Misleading advertisements on television can deceive consumers into buying products or services that do not meet their expectations or claims. Such false or exaggerated advertisements violate consumer rights and can cause financial and emotional harm. Consumer protection laws and regulatory bodies provide mechanisms to address such grievances and ensure truthful advertising practices in the marketplace.
Can Consumers File Complaints Against Misleading Advertisements on TV?
Legal Framework
- The Consumer Protection Act, 2019 prohibits unfair trade practices, including false or misleading advertisements that deceive consumers.
- The Advertising Standards Council of India (ASCI) is a self-regulatory voluntary body that monitors advertising content and addresses consumer complaints related to misleading ads.
- The Cable Television Networks (Regulation) Act and Broadcasting Standards also regulate content broadcasted on TV.
Grounds for Complaint
- Advertisement makes false claims about product efficacy, quality, price, or origin.
- Misrepresentation of features, benefits, or endorsements.
- Hidden terms and conditions that mislead viewers.
- Use of exaggerated or unsubstantiated testimonials.
Complaint Filing Procedure
- Consumers should collect evidence including recordings/screenshots of the advertisement, details of the product/service, and proof of purchase if applicable.
- File a complaint with the Consumer Helpline or District Consumer Forum citing unfair trade practice and deficiency in service.
- Alternatively, complaints can be submitted to ASCI through their online portal for review and corrective directives.
- Complaints to ASCI typically seek withdrawal or modification of the misleading ad, and public apology or disclaimer if necessary.
Remedies and Outcomes
- Consumer forums can order compensation for losses or damages suffered due to reliance on misleading ads.
- ASCI can instruct advertisers to amend or withdraw misleading ads and issue public clarifications.
- Regulatory authorities may impose penalties or sanctions on repeat offenders.
Consumer Precautions
- Verify product claims independently before purchase.
- Report any suspicious or misleading ads promptly.
- Keep records of advertisements and related purchases.
Example
- A consumer watches a TV advertisement claiming a health supplement cures chronic diseases. After purchasing the product, the consumer finds no improvement and suspects false claims.
Steps the consumer should take:
- Record the advertisement and save purchase receipts.
- File a complaint with the Consumer Helpline citing misleading advertisement.
- Submit a complaint to ASCI requesting review of the ad.
- Seek compensation or refund through consumer forums if financially harmed.
- Follow up on corrective actions taken against the advertiser.
