Lok Sabha Question No. 2094 (UNSTARRED), answered on 2016-11-29
Subject: Checks on Misleading Advertisements
Ministry: CONSUMER AFFAIRS, FOOD AND PUBLIC DISTRIBUTION
Asked by: MEENAKASHI LEKHI, VINAYAK BHAURAO RAUT, Shrirang Appa Barne, SHIVAJI ADHALRAO PATIL

## Government of India

## Ministry of Consumer Affairs, Food and Public Distribution Department of Consumer Affairs

## LOK SABHA UNSTARRED QUESTION NO. 2094

TO BE ANSWERED ON 29.11.2016

## CHECKS ON MISLEADING ADVERTISEMENTS

2094.  SHRIMATI MEENAKASHI LEKHI: SHRI VINAYAK BHAURAO RAUT: SHRI SHRIRANG APPA BARNE: SHRI ADHALRAO PATIL SHIVAJIRAO:

## Will  the  Minister  of  CONSUMER  AFFAIRS,  FOOD  AND  PUBLIC  DISTRIBUTION miHkksDrk ekeys] [kk| vkSj lkoZtfud forj.k ea=h be  pleased to state:

- (a) whether  the  Government  is  aware  that  celebrities  are  engaged  in  advertisement  for  different products and schemes in large scale and if so, the details thereof;
- (b) whether most of such advertisements are false or misleading due to which people get trapped in the  false  lucrative  offers  of  the  company  and  if  so,  whether  the  Government  has  taken  action against such companies;
- (c) whether the Government is considering some new provisions/rules making celebrities responsible for the brands/advertisements endorsed by them, if so, the details thereof and the time by which the new system would be implemented; and
- (d) whether regular checks are conducted on advertisements in radio, television and print media to check  if  these  advertisements  are  misleading,  if  so,  the  redressal  mechanism  followed  in  this regard?

## ANSWER

## miHkksDrk ekeys] [kk| vkSj lkoZtfud forj.k jkT; ea=h ¼Jh lh vkj pkS/kjh½

## THE MINISTER OF CONSUMER AFFAIRS, FOOD AND PUBLIC DISTRIBUTION (SHRI C.R.CHAUDHARY)

(a) & (b) :  Yes, Madam. Under the Consumer Protection Act, 1986, the practices of making any statement, whether orally or in writing or by visible representation which falsely represents  that the goods are of a particular standards, quality, quantity, grade, composition, style or model; falsely represents that the services are of a particular standards, quality  or  grade;  represents  that  the  goods  or  services  have  sponsorship,  approval,  performance,  characteristics, accessories,  uses  or  benefits  which  such  goods  or  services  do  not  have;  makes  a  false  or  misleading  representation concerning the need for, or the usefulness of, any goods or services; is treated as an unfair trade practice against which a consumer can file a complaint in the appropriate Consumer Forum established under the provisions of the Act. If the complaint is proved, the Consumer Forum can order discontinuance of the unfair trade practice or not to repeat it; not to offer  the  hazardous  goods  for  sale;  for  issuance  of  corrective  advertisement  to  neutralize  the  effect  of  misleading advertisement at the cost of the opposite party responsible for issuing such misleading advertisement. It can also order for payment of compensation to the consumer for any loss or injury suffered by the consumer due to the negligence of the opposite party.

Additionally,  to  tackle  the  misleading  advertisements,  the  complaints  received  by  the  Department  of Consumer  Affairs  are  handled  through  the  Advertisement  Standards  Council  of  India  (ASCI),  a  voluntary  selfregulatory body of Advertisement Industry, through an Memorandum of Understanding (MoU).

- (c)  : The Parliamentary Standing Committee on Food, Consumer Affairs & Public Distribution in its 9 th report on the Consumer Protection Bill, 2015 has recommended stringent provisions for tackling misleading advertisements as well as fixing responsibility on endorsers/celebrities.
- (d)  : The Press Council of India takes cognizance, suo-motu, or on complaints of the contents in print media which are in violation of the 'Norms of Journalistic conduct'. Similarly all advertising channels appearing in private satellite  TV  channels  are  regulated  in  accordance  with  the  Advertising  code  stipulated  by  Ministry  of  Information Broadcasting.

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